Rutland herald. [volume] (Rutland, Vt.) 1823-1847, 1841-08-24

following words
The directors ofihe .ad corporation shall establish
one competent office Of dlscount and dspot.s in any
state 30 which two Thousand shares shall asvo been
'atscn't1 90 may be held, whenever. upon applics.
ton % ,hc Legislature Of such State Congress NAV, B.,
i'w, require 'hc same. And the said direction, NAV
alec establish one or more competent office. Of dis.
count and dcposiie 10 any Territory ~ Distinct Of the
'n'c5 States aDd n suy State with the Assem-, Of such
State ad when established the said Office ~ offices
'aaI' oe only Withdrawn removed hy the said direc.
tors, pnoi to the expiration Of Ibis charter with tie
pfc,iou, a.scni of Congress
Provided 20 rcspectto any State which shall not,
at Tie hfs session Of the Legislature thereof held az
ter TIC passage Of this act by resolution or other u.u
81 legislative proceeding. uncoudiuoually assent or dis
sent 10 Tho establishment Of such Office or office. with
ia IT, such assent Of the said State shall DO thereafter
presumed and provided nevertheless That Whenever
hsha'i become necessary and proper for carving into
execution any ofthe powers granted by the con,ti,s
uon' TO establish an Office or Offices in ,nv Of The
states whatever aud the establishment thereof shall
DC directed h' law shall be the duty OF The said d.
rceiofs 10 establish such Office or Offices accordingly
IL VIII be seen that by this clause the directors arc
invested with the fullest power establish branch IN
any state which has yielded is assent, and having
once established such branch, j, shall no, afterwarJ,
be Withdrawn, except by order Of Congress Such as
sent Is To he implied and TO have the force and sane
ton OF an aciusy expressed assent provided IN re-
spect 70 any Stale which shall not at the first session
o. me Legislature thereof held after the passage of
S AcIo} resolution or other usual legislative proceed
ing Internationally ordissent to tho establish
mcnt OF such office Offices within IT, such assent Of
SAID State shall be thereafter presumed" The assent
or dissent to be expressed Internationally a, the
hs' session OF the legislature by some formal epsl,
i've act and II not SO expressed Us assent is 10 be
npled, and the directors therefore invested with
power at such times thereafter as they may please TO
eSaphsh branches, which cannot afterwards be with
drawn except 10y resolve Of Congress-no matter
what may be the cause which may operate with thu
legislature, which either prevents it from speaking or
addresses Itself TO its wisdom 10 induce dclav its as
sent is TO be nplied-bindng and infeSbe-it is the
ia"gNer OF the master TO the vas,al, an unconditional
answer Is claimed forthwith, and delay postponement
or lncapaciiy to answer, produces an implied assent
which IS ever after iueyocabe. Many Of the State
elections have already taken place without any knou
edge on the part Of the people, that such a question
WASTE come up. The representatives NAV desire
submission OF the question to their constituent. prepar
atory TO mai action upon H. but this high privilege is
denied: whatever may be the motive. and views enter
'aiheu oy Inc representatives, OF the people induce
delay, their assent is to be presumed and il ever after
wards binding unless their assen, shall be uncondi
lonally expressed al their first session after the p.s
sage OF lhis bill into law
lhey may 10y formal resolution declare the question
OF assent or assent 10 be undecided and postponed
and yet IN opposition to their express declaration ,o
the contrary, their asseniis to be implied. Case, in
Vulnerable might be cited to manifest the jrrationalitv
OF such an inference. Let or two in addition suf
hce-ihc popular branch Of the Legislature NAV ex
press the dissent by unanimous vote and its reso
luton may be defeated by the of the Senate and
yet the assent is 10 be implied Both branches of the
Legislature may concur IN resolution OF decided as
SEM, ana vet the Governor may exert the power
conferred on Inn by the State constitution, and their
Legislative action be defeated and vet the assent of
the legislative authority is implied and the Directors
oil tins contemplated Institution are authorised to es
tablish branch branches in such State whenever
they may find II conducive the interests Of the stock
holders 10 DO so, and having once established it, they
can under no circumstances withdraw IT, except by an
Act OF Congress
The State may afterwards protest against any such
unjust inierehce-but its authority gone lis assent
IS implied by lis failure inability to act at its frs.
session, and s voice can never afterwards be heard
10 lnlerences 50 violent and, they seem TO mo-
irrational, cannot weld my consent. No court Of
justice would or could sanction them, without reyers
ing all that is established in judicial proceedings by
introducing pTesumpuons AT variance to the fact and
IitiCHCes al Inc expense OF reason State in a con-
dion of duress would be presumed to speak as an in
dividual manacled and imprisoned might be presumed
TO be IN the enjoyment oflreedom Far better to saw
to the Safes boldly and ranky-Congress wills, and
submission is demanded.
Il may be said tia, the directors NAV not establish
branches under such circumstances, butthis is oues
ton Of power, and this bill invests them with full DOW
er TO do 50. fthe legislature Of New York or Penn
syvana, or any other State should be found in such
condition as have supposed. could there be any secu
y furnished agans, such step on the part Of the d.
fecors' Nay - It not fairly be presumed that this
provso was introduced for the sole purpose OF meeiiDq
the contingency referred loi Why else should j, have
been introduced
And would submi, to the Senate, whether it can be
believed, that any Stale would be likely 10 sit quietly
down, under such a state fittings Ina great meas
ure Of public interest their patriotism may be sue
cessuly appealed 10, but % infer their assent from cir
eums'ances at war with such Inference canno, but
regard calculated TO excite feeling al fatal enmity
with the peace and harmony Of the country ! must
therefore regard sHis clause asserting the power L,
he 10 Congress 20 establish Offices Of discount In
State, not only without is assent bot against It's dis
sent and 50 regarding / caano, sanction It.