Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-08-18

the[sofshell he directed by law, /, shall be the duty
ees accordingly"
IL will be that by this clause the directors are
invested with the fullest power to establish branch
IN any State which has yielded its assent; and,
having once established such branch, il shall not
afterwards be Withdrawn except by order Of Con-
gress Such assent Is to DO implied, and to have the
i"reo and sanction Of an actually expressed assent
provided IN respect TO any State which shall not,
~ the hrst session OF the Legislature thereof held
alter the passage Of this act by resolution or other
usual legislative proceeding, Internationally aSscn,
OF dissent To the establishment Of such Office Of
ices within II, such assent oil said States shalt be
thereafter presumed" The assent or dissent is tn
be expressed Internationally at the first session Of
the Legislature, by some formal legislative act and
u not 50 expressed, its assent is to ue implied
ana the directors are thereupon invested with
power, at such time thereafter they NAV please,
10 establish branches, which cannot aftcrwards be
Withdrawn, except by resolve Of Congress. No
matter what may be tho cause which may operate
with the Legislature, which either prevents II from
speaking, or addresses itself to its wisdom, to in
ducc delay. It's assent is to be implied, This iron
rule ~ To give way to no clrcumstanccs-it IS UNI
! bending and Ehexib.e. II is the language of the
master TO the vassil-an unconditional answer ia
claimed forthwith; and delay, postponemsnt or
Inc'pacity To answer, produces an iDpled assent
which is ever after irrsrocnbe. Many Of the
State elections have OiTeady taken place without
any knowledge, on the part of the people that
such question was TO come up. The Represcn-
tauVes may desire a submission Of the question 10
thelr constituents preparatory TO hna action upon
II, but this high privilege is denied; whatever may
he the motives and viows entertained by tho Repre-
sentatiyes of the people to induce DELAY their ns.
sent Is to be presumed and is ever afterwards bind
ing, unless their dissent shall be unconditional
expressed NJ their first session after the passage Of
tins bill INTO a law. They may by formal reso-
luton declare the question Of assent or dissent TO
be undecided and postponed, and yet in oppos-
ton to their express declaration TO the country
their assent Is to be implied Cases innumera-
bic might be cited to manifest the irTatonalty
of such an inference. Let one or two IN add.
ton suffice. The popular branch of the Legs.
lltuTe may express its dissent by an unanimous
vote, and its resolution may be defeated by
tie vote OF the Senate, and yet the assent is TO
be implied. Both branches of the Legislature
may concur ia resolution of decided dissent,
and yet the Governor may exert the veto mower
conferred on him by the State Constitution and
their legislative action he defeated, and yet the
assent OF the legislative AUTHORITY Is imDrd and
the directors of this contemplated institution ara
authorized TO establish branch or branches I'm such
State whenever they may find it conducive 10 tie
"terest OF the stockholders do So unu having ono
established il, they can under no circumstance
withdraw It, except by act OF Congress. Tn. State
may afterwards protest against such unjust inie-
renee, but It's authority is gore. Its assent is i'm
piled by its failure inability TO oct a. its FIRST
session, and its voice never afterwards be heard
irrational, cannot yield my consent No cour, OF
: justice would could sane ion them without re-
versng all that IS established in judicial procc.d
ing, 10y introducing prcSump,iOns at variance with
lac, and differences at the expense ofrelson. A
State IN condition Of dUresS would ba PRESUMED 10
speak, a an individual, manacIcd rnd in prison,
might be presumed 10 be in the enjoyment OF free.
dom. Far better { say u the St,res boldly and
irank'y-ConSress will, and submission is demand
Ell.
|, may be said that the directors NAV no, es,,.
bl'sh branches under such circumstances Blu, this
- question OF power, and this bill invests them
with iul auhority to do so. Ii the Legislature Of
New York, or Pennsylvania or any o.her State.
should be found TO he IN such condition as have
supposed, could there be any security Furnished l.
ganst such step on the part OF the drectors7 Paw
Is It not fairly to be presumed that this proviso ws
Introduced for the sole purpose OF meeting the con-
urgency referred TOT Why else should il have been
introduced' And submit TO the Senate whether IL
can be believed that any State would be likely 10 al,
quietly down under such state Of thinssl In a
great measure Of public interest their patriotism
may be successfully appealed to, but to infer their
assent IRON Circumstances war with such info
renee, cannot but regard calculated TO excite /.
cling at fatal enmity with the peace and harmony
of the country. | must, therefore, regard tbi,
clause as asserting the power TO be in Congress 10
Establish Offices of discount in a State not only
without ITS assent but against its dissent; and so
regarding IT, Cannot sanction Il. On general prIn-
ciples, the right IN Congress TO prescribe terms Ia
any State, implies a superiority of power and con
troll deprlves the transaction Of all prelence TO CONF
pact bstwccn them, and terminates as we have
seen, IN the total a5rogaton If freedom of action
on the part Of the States. But further the Suite
may express, after the most solemn form Of legs.
'sloN, IT'S dissent, which may from time 10 time
thereafter DC repeated, 10 full view of lis own inte-
rest, which can never be separated from the wise
ana benehccnt operation OF this Government. and
yet Congress may, by virtue oil the last proyso
ovenuIe It's law, and upon grounds which, TO such
state, vii appesC to rest on constructive necess.
~ and proPrety, and nothing more. | regard the
bill as asserting for Congress the right to ncorpo.
rate UHited States Bank, with power ard right "a
establish offices OF discount and dcposle in the seve.
raj States OF this Union with without their con.
SENT principle 10 which have always heretofore
been opposed, and which can never obtain my sane
ton. And waving all other considerable grow
inS out OF It's o,h.r provisions, return it 10 the
House in which it originated, with these my objec-
tons TO It's approval.
JOHN TYLER.
| WASHINGTON, August IG, 1871.