Vermont telegraph. [volume] (Brandon [Vt.]) 1828-1843, 1841-08-25

hnpsec' anls iron rule is to give way
70 no clrcumstances-it is unbending and
lnfiexleie. 1t is the language Of the mas
ter to the vassal-an unconditional answer
IS claimed forthwith, and DELAY, postpone
men1 or incapacity to answer, produces
an implied assent, which is ever after ir-
revocasle. Many of the State elections
nave already taken place, without any
knowledge, on the part of the People,
mat such question was 10 come up.
Inc representatives may desire submits
sion OF the question TO their constituents
preparatory to final action upon it, bu:
this high privilege is denied whatever
may be the motives and views entertained
by The Representatives of the people TO in
duce delay, their assent is to be presumed,
and is ever afterwards binding, unless
their dissent shall be Internationally ex-
pressed al their first session alter the pas
sage Of this bill into a law. They may,
by formal resolution, declare the question
OF assent or dissent TO be undecided and
postponed; and yet, in opposition to their
express declaration TO the contrary, their
assent is to be implied. Cases innumera-
bic might be cited to manifest the irlation-
atty of such an inference. Let one or
two in addition suffice. The popular
branch ofthe L .gisature may express its
dissent by an unanimous vote, and its res
oIuiion may be defeated by tie vote Of
! the Senate, and yet the assent is to be i'm
piled. Both branches of The Legislature
may concur in a resolution of decided
dissent, and yet the Governor may exert
the reto power conferred on him by the
Slate Constitution, and their Legislative
action be defeated; and yet the assent of
the Legislative authority is implied, and
the directors OF this contemplated institu-
tion are authorized 10 establish a branch
or branches in such Stale whenever they
1 may find il conducive to the interest OF the
stockholders to do so; and having once
established it, they can under no circun-
chances Withdraw it, exce2, by act of Con-
gress. TheSSlate may afterwards protest
against such unjust inference, bu. its au-
thori'y is gone. Its assent is implied by
its failure or inability to act at its first
session, and its voice can never afterwards
be h, ard. To differences so violent, and,
as they seem TO me, irrational, cannot
yield my consent No court OF justice
would or could sanction them. without
. reversing all that is established 10 judicial
, proceeding. by introducing prescriptions
, at variance with fact, and differences at
( the expense of reason. A Safe in con-
dition of dn:ess would be presumed to
speak, as an individual, manacled and in
prison, might be presumed to be ia the
enjoyment Of freedom. Far better to say
10 the States boldly and frankly-Con-
| gress wills, and submission is demanded.
Ii NAV be said that the directors may
tnot establish branches under such circum-
; stances. But this is a question of power,
and this bill invests them with full author.
4 ily 10 do so. 1.-THE Legislature of New
. York, or Pennsylvania, or any Other
/ State, should be found TO be in such condi
{ ton as ] have supposed, could there b,
amy security furnished against such steI
|. on the part OF the direclors2 Nay, is
O not fairly to be presumed that this provist
). was introduced for the snle purpose o
Of meeting lbe contingency referred to
j Why else should it have been introduced
And submit 10 the Senate, whether
IN can be believed that any State would b
of likely to sit qnietIy down under such
n state Of things2 In a great measure q
b. public intercs, their patriotism may b
On successfully appealed 10; but to infer thei
ID assert from circumstances at war wit
lie such Inference, cannot but regard a
30 calculated to excite feeling at fatal en-
of nifty with the peace and harmony of th
Dr. country must, therefore, regard thi
" clause as asserting the power to be u
id Congress TO establish offices of discoun
es in State, rot only wilhout its assent, bu
oy against its dissent; and so regarding it,
On canno. sanction it. On general principles
ut the right in Congress to prescribe term
TO any State, implies superiority cfpov
rh err and control, deprives the transaction
IS. all prelence to compact between them, an
of terminates, as we have seen, in the tot
le. abrooalion of freedom of action on ii
IS part OF the States. Bat further. the Sta
ch may express, after the most solemn forl
Of of legislation lis dissent. which may ffo'
m. time 10 time thereafter be repeated, in fu
n. view of lis own interest, which can nev(
,er be separated from the wise and benefcel
he operation Of this Government; and y
10 Congress may, by virtue of the last prov
be so, override its law. and upon grounc
m, which, to such State, will appear 10 re
all on constructive necessity and propriet
lb- and nothing more. | regard the bill
asserting for Congress the right to inco
he norate a Uuited States Bank with pow
NV and right to establish Offices OF dlscou
ch and deposi, in the several States of tn
r.. Union. with or without their consent !;
er- principle 10 which | have alway1 herel
Of lore been opposed. and which can neS
L.; aon.,;on And waving