The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1841-09-09

invested With constitutional power 10 autho.
rize, Internationally, The establishment Of o
Bank Of the United States aud branches,
any where in the United States, without
asking any other consent oil The States than
that which is already expressed 10 the Con-
slliuiion. The President does not concur
IN the existence of that power, and was sup
posed TO entertain an opinion that the pre-
sous assent of the States was necessary
Here was &c unfortunate conflict of oplaion.
Here was case for compromise aud mu
lual concession, If the difference could be
reconcied. Congress advanced SO far
towards a compromise as 10 allow the
States 10 express their assent or d. ssenl,
but then ii thought tina, this should be
done within some limited, bu, reasonable,
time; and il believed, since the bank sud
Its branches were established for Tue ben
eft of twenty. SIX States, il the sulhorllles
OF any one OF them really could not make
up their minds within that limited time
elmer to assent or dissent TO the intro.
ductlon Of branch, that It was not IN
reasonable, after the lapse Of the appoint.
ed time without any positive action, one
way or the other, on the part of The State,
TO proceed as if il had assenied. Now,
It, The power contended for BY Congress
really exists, II must be admitted that here
was a concesslon--a concession, according
to which an unconditional power Is placed
under temporary resirIc,Ions-a privilege
offered TO the States which vas not extended
to them by either of the charters OF the two
former Bs8ks of the United States. And
| AN totally at a loss TO comprehend how
the President reached the conclusion that Il
would have been far better to say to the
States, boldly and frankly, Congress wills,
and submission is demanded" Was i, bet.
ter for the States tina, the power of branch
lug should be exeItea without consulting
them at all! Was 1t nothing TO afford them
an opportunity Of saying whether they de
sired branches or DOT How can i, be be-
lIeved that q clause which qualities, restricts.
and hints the branching power, is more
derogaiory from the dignity, independence,
aud Sovereignty Of the States, than IT II IN.
whatever TO deliberate and decide on the IN.
PRODUCTION Of branches Limited al The
time was, and Internationally as they were
required 10 express themselves, still these
States land that probably would have been
the case with the greater uunlber) that
chose 10 announce their assent or dissent
could do SO, aud get or prevent the INTRO
daclion OF branch. But the President 70.
marks that I" the State may express, after
The most solemn form of legisslioo, its dis.
sent, which may from time 10 time ihereaf
Ter be repeated, in full view oi It's own IN
Ierest, which can never be separated from
the wise and beaehcIent oPera,loa Of tbs
Government, and yet Congress may, by
virtue Of the last provIso, override It's Law,
and upon grounds which, to such State, will
appear 10 rest Gu constructive necessity
and propriety. aud nothing more"
Even if the dissent Of State should be
overruled, in the manner supposed by tue
President, how Is tbs condition Of that
State worse than il would have been ii the
branching power had been absolutely and
Internationally asserted IN the charter -
There would have been at leas, the power
Of dissenting conceded, with high degree
Of probability that it the dissent were ex.
pressed no branch would be introduced.
The last proviso to which the President
refers IS in these words: "And provided
nevertheless, That Whenever il shall be.
conc necessary and proper for carrying IN.
to execution any of the powers granted b.
the Constitution, to establish an office o.
Offices in any Of the States whatever, and
the establishment thereof shall he directed
by law, It shall be the duty Of the said d.
iectors to establish such office or Offices &C.
eordngly."
The pFogiso was intended to reserve a
power to Congress to compel the bank tc
( establish branches, if the establishment o.
them should be necessary TO the great pur.
4 poses Of this Government, notwithstanding
the dissent Of State. II, for example, I
State had once Internationally disseutee
to the establishment Of branch, and after
wards assented, the bank could not have
been compelled, without this reservation q
power, to establish the branch, however
urgent the wants Of the Treasury might be
The President, think, ought TO have
seen, in the form and language of the pro
viso, tine spirit Of Cancellation in which /
was drawn, ms know. 1t does not asser
the power il employs the language Of tn,
Constitution Itself, leaving every one free
to interpret that language according 10 hi
own sense 81 that instrument.
Why was il deemed necessary 10 speal
Of its being "the language Of the master
TO the yassal," Of "thIs iron rule" tha
Congress wills ard submission is Dc
handed Z" What is this whole Fedora
Government but mass Of powers abstrac
ted from the sovereignty Of the seycra
States, and welded, by an organized &c
eminent for their common defence anf
general welfare, according to the grants
the Constitution These powers are ne
cessarily supreme the Constitution, the
acts Of Congress, and treaties being 50 de
clared by the express words Of the Consti
tuition. Whenever, therefore, this GOV
erufuent arfS within tho ro,,,ar e,r.r,oJ =,