Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-08-05
RICH MO Nd:
THURSDAY MORNING. August /,
nNNK BILL AND AMENnMRNrs

| BANK BILL AND AMENDMENTS.
We copy the following article iron. the Philadel
phia North American, because it presents a yer,
distinct view of the various points of the bank Ill
and its amendments. Ii shows that the Presder
may, compatibly with his constitutional opinions
sanction the bill as amended by MIR Clay.
From The Philadelphia No N .4ner,ean.
CAN rHE PRESIDENr cANsrIrurIoNALLr SIGN
rnE BANK But IN ITS PRESENT sHArE2
To this question we propose a considerable nm,
calm reply. 1t is admitted on al! side, that N,
Prcsden, considers himself consttuiionally at liner
~ TO approve bill charerins ond locating a F,s.
cal Bank in the District of COLUMBIA, with Aeon,
ces I" the States, ana that these agencies may have
offices Of discount and deposit, provided the States
shall give their assent. All these functions of the
parent Bank and its branches were embraced in N.
plan Of MIR ESing--a plan which it is well ..nowr
had the appreciation of The President. C,n Mir Tv.
Ier then, entertaining these views, and feeling tho
full force o! all the restrictions which they NAV i'm
pose, sign the present Bank Lii?
The difficulty, If any there be, lies in the brepcI
ins clause OF the e,.I. And what is this branching
clausel what the prov sious which il contains
what i he power which il asssrts2 IL nroviIe, IN
the first place, for the establishments of offices of dis
count aud deposit IN the States, with their assent
To this there is no objection. No Executive scrupls
anticipated or surmlSed So FAR then the coast is
clear, presenting no breaker, shoal Or rock
Bat the branching clause also provides. that fonv
State shat. not, through its legislature express ei
the: assent or dissent its assent shall be presume.
And IS his hard casel Is this opposing the will
o, STATE! Is coming 10 conflict with State rights
NO dissent Is expressed and OiCourse none oppossd
II hostile TO the creation ola branch Il is but reason
aoe 10 suppose that the State will make its opiosi
uOn known. ID II evinccs 10 such opsosition
II Is out fair 10 infer that none is entertained
u Is Only Carrying into practice the old adj -, tbnt
S'Iense gives consent. No great liberty can be IA k.
en- with an individual or community where silence
prevails nor can STATE ever strict in its con.
sttutonal constructions, reasonably demonstrate
asa'Hsta measure Of the General q bvcrnment where
ne popular Will within It's limits equally divided
The Government IN that case only exercises tts
privilege OF casting yoic,-a small privilege the
"hsn substituted Tor the right TO control the whole
question: right hitherto ennye unqualified and
unquesti0ned, ana now compromised IN this Tor the
sake of harmony.
But the branching clause further provides. ".hat
when !, shall become Necessary and proper for car.
ryinS into execution any OF the powers granted in
the constitution, 10 establish office Or Offices in
any OF the States whatever, and the estab ishment
whereof shall be directed by law II shall be the
duty OF the said directors TO establish such Office OF
Offices accoUilnsiy."
FMS clause does not assert the power Of Congres.
TO establish these branches u only recognises what
ever FlSht lhe constitution may have granted on the
subject; but 1t leaves every free TO interpret the
instrument Tor himself Ii postpones all question a.
u the assertion or exercise OF this right to a con-
tlnstncy that may never occur. Should il pershanc,
occur, It viii then be in season to raise objection,
and start Scruplcs to the power The Pre-
sdent cannot, therefore, veto this clause of IN,
bh wiihou. pronouncins a question beior,
II has arisen he must iorestsl legislation; h,
must anticipate an event th,t may never occur; h,
must veto contingency, vague possibility; no
what has occurred, but what he mlgines NAV oc.
cur. veto may he applied to an ex sting act o.
law, but 10 apply Il to an net or law which has n,
vet no existence IS a bur!esqrc IN legislation Tn,
President will be guilty OF no such act Of folly a.
this.
There is really then nothing in this branching
clause OF Mr.. Chy's bill which cllls for veto
which intcrcres with the EXPIRE ssd will the States
which overridss their dissent, or which asserts an,
power on the subject, except 10 the very laneung,
OF the constitution itself, and then il leaves III,
Legislature and Executive 20 interpret this power
should an occasion arise, sound sense my dictate
Mr.. Tyler will MOI foGesiaIl such an occasion h,
vii! not prcJuugc question lying so flr in The IA
tdrc he will not veto the supposed exercise OF
power which as yet lies only in the ter OF the con-
slItutio1.
! The branching clause OF Mr.. Cay's bill ms nov
stands, IS compromise; II is substlrtiIl cUmpro
mlsai u Is all IN this shape that It ought to be. I
should have been met IN this spirit by the Senator
/ rom Virginia. IL will be rightly appreciated bv tb
| President lie will understand II as RELIEVING hin
| i'om those emharrassments which he might other
wise have ieltin putting his signature to the bill 70
| tins ac, Of Cancellation ard comp omsc, HENRY
| CLAY deserves and will receive the cordial thank
OF all the friends Of the administration through IN
! and.