The Madisonian. [volume] (Washington City [D.C.]) 1837-1845, 1841-08-14
FOR THE MADISoNIAN.

1t is not little surprising that the Acts for the or
ganzation of Michigan and Florida should be quoted
authority for the principle newly engrafted on the
Bank BILL that the assent of the States to the estab
lishment of branches may be inferred from their fail
ing to dissent-within given time. But SO it is, and
in respectable quarter.
1t is true that the consent Of q State may give au-
thorty to Congress, which, without that consent il
would not possess and could not exercise. The OBJ
Of the authority to be conferred fixed and
specified in the Constitution. Congress may exercise
exclusive legislation" over all places purchased,
by the consent Of the Legislature Of the State in rhic
the same shall be- for the erection of forts, sc. Not
only the subjects of the authority to be confer
red, specified but in respect to these specific sub
jects the consent must be expressed and in no wise
implied
As the several States may thus confer power on
Congress, which under the Constitution it could no,
otherwise exercise, may the States, with the con-
sent of Congress, exercise certain powers, which
without that consent, are prohibited to the States
No State shall, without the consent of Congress- keep
troops or ships Of war in time of peace. This State
might do, with the consent of Congress So as Ia
other objects specified in the Constitution Lay du.
ties on imports for instance. Here also the consen,
Of Congress must be actually given, and not presumed
in any manner. What would be said Of the states
man, % who would esteem it proper or admissible in
State to lay mposts duties imports or exports
and to insist its right to collect them, asserting that
the consent Of Congress may be inferred from its fail
ton. And yet well might that be done, as may
those who contend that a branch of United States
Bank cannot constitutionaly be planted in State,
without her consent be satisfied in this behalf that
States assent may he inferred from her not dissent
ing
accompanying which in the National tnelligencer the
foregoing ideas have been suggested, as have others
which it is not deemed important here enter on an
expression of.
I'm Al L ~ ~ A
the legislative councils Of those Territories should
have the full effect of laws complete within the same,
if not disapproyed by Congress. Observer Congress
possessed of power which it transferred to those
Legislative councils. Congress did not fully dives it.
self of the Power-it did not fully transfer it to those
councils. 1t merely and exactly delegated the law.
making authority of which it fully possessed over
the Territories, reserving veto power Il presumed
as well it might and had the right that the legislative
Office, by the hands it was putting into would be well
executed and yet, not entirely conceding that it
would be so, retained the power to Veto Just so il
is with the Legislative power of Congress over these
States except that these instead of retaining to them
selves the veto power clothed the President of the u
States with it, As did Congress with respect to the
legislation over the Territories so might the States
have done as to the law-making power which thew
gave up national objects Instead of clothing the
President with the veto power, they might have re-
served it, and have ordained that the Acts of Con-
gess, If disapproued by the States, Cor given pro-
portlon OF tnem,) shdH menceTGrh De or no force
Congress had the power complete 70 legslate for
the Territories. Under the clause, ''to make all
needul rules and regulations, the authority of Con-
gress erect territorial governments has never been
and is not doubted. Having this right Congress may
confer such government such powers, legislative
Judicial and executive, it may think it, II may
confer general and unrestricted legislative authority
In erecting the territorial governments of Michigan
and Florida il did not confer, but expressly reserved
the power TO dsapprove and thereby to annu the Acts
of their Legislative councils. This was but another
mode Of reservng the veto power retaning (not re-
quinng or permitting) its exercise, and in manner
different from that prescribed in the Constitution OF
tho s. in check, if need be- on the legislative ac-
ton Of Congress
And It Is this power, reserved which il is init
mated Is retained on the principle on which Mr.
Clay's compromise engrafted on the bank BILL pro-
ceeds and sprung from The legislative action in the
territorial council, was law unless dsapproved by
Congress and thereby annullcd The sanction Of
Congress was inferred from its failing to dsapprove
branch Of the Fiscal Agent is to be established in
State, unless in given time, she Internationally
dssents Her assent may be inferred from her falling
TO dissent Cor not being able to make up her iudg.
ment in the forms Of law,)
Now, the analogy, among others. entirely fails in
tins vital and primal particular Congress had full
powers over those Territories but has not full pow
over the States. In that case having full powers
had the right to declare that If il did disapprove
il sanctioned In This case not having full powers ID