Southport telegraph. [volume] (Southport, W.T. [i.e. Kenosha, Wis.]) 1840-1850, 1841-08-31

of assent or dissent to be undecided and postponed,
and yet IN opposition to their express declaration 10
the contrary their assent is 10 be implied cases IN
Vulnerable might be cited manifest the lrratonallty
of such an inference. Let two in addition. sui-
cehe popular branch of the legislature may express
the dissent by unanimous vote, and It's resolution
may ne defeated by the of the Senate and yet the
assent is to be implied. Both branches OF the legsla
ture may in resolution of decided dissent, and
yet the Governor may the veto power conferred
on him by the State Constitution and their legislative
act on be deeated and yet the assent of the legislative
authority is implied and the Directors ofths contem
plated Institution authorized establish branch
or branches in such State, whenever they may find it
conducive to the interest of the stockholders to do so
and having once established it, they can under no
cumslances, Withdraw 1t, except b. act of Congress
he State may afterward protest against
any such unjust interlerenqe-bu Its au-
thority is gone. Its assem- is implied by
its failure or inability TO act al its first SEES
sion, and its voice can never aflerward be
heard. 10 differences so violent, and, as
they seem to me, irrational, cannot WELD
my consent. No court of lnstice would or
could sanction them, without reversing all
that is established in judicial proceedings,
by Introducing Prescriptions at variance
10 the fact, and differences at the expense
Of reason. A State 10 a condition of du-
ress would be presumed TO speak, as an
individual manacled and imprisoned might
be presumed to be in the enjoyment of free
don.--Far better to say TO the State bold
ly and lrankly--Cong:css wills, and sub
mission is demanded.
1t may be said that the directors NAV no
establish branches under such circumstan-
ces; bat this question Of power, and this
bill invests them with full power to do so.
If the Legislature Of New York, or Penn
sylvania, or any other state, should be
found in such condition as | have sup
posed, could there be anysecurity furnished
against such step on the part of the d.
rectors? Nay, is i: not fairly to be pre-
sumed that this proviso was introduced for
the sole purpose of meeting the contingent
cy referred to ? Why else should it have
been introduced!
And would submit. to the Senate, whe-
Their it can be believed, that any state would
be likely to sit quietly down, under such
a state o. things? In great measure of
public interest, their patriotism may be
successfully appealed to, but 10 nfer their
assent from circumstances at war with such
inference, l cannot but regard as calcula-
ted 10 excite a feeling at cnmity with the
peace and harmony Of the country. |
must therefore regard this clause as assert
ing the power to be in Congress 10 estab-
llsh offices oil discount in a state, not only
without Its assent, but against lis dissent
and SO regarding 1t cannot sanction it.
On the general principles, the right in
Congress to prescribe terms 10 any State.
implies a superiority Of power and control,
deprlvcs the transaction Of all pretcnce 10
compact between them, and terminates, as
we have seen, in the total abrogation of
freedom and action on the part of the
States. But further; the State may express,
after most solemn form Of legislature, its
dissent which may from time 10 time there
after be repeated, in full view of its own
interest, which can never be separated
from the wise and beneGcent operation Of
this government; and yet Congress may,
by virtue Of the last proviso, override its
law, and upon grounds which, to such
State, will appear TO rest on a constructive
necessity and propriety, and nothing more
| regard the bill as asserting for Con-
gress the right to incorporate T. S. Bank,
with power and rightto establish Offices Of
discount and depositc in the several States
OF this Union, with OF without their consent,
a principle 10 which have already here
iolore been opposed, and which can never
OBTAIN my sanction. And waving all other
considerations growing out of its other pro-
visions, return it to the House in which
1t originated, with these my objections 10
IFS approval. JOHN TYLE2.
Washington. Aug. 10th, lS4l