Jeffersonian Republican. [volume] (Stroudsburg, Pa.) 1840-1853, 1841-08-25

submission of the question to their constitu-
ents preparatory to final action upon 1t, but
this high privilege is denied: whatever may
be The motives and views entertained by the
representatives of the people to induce delay,
their assent is to be presumed, and is ever
afIerward binding, unless their assent shall
be Internationally expressed at their first ses
sion after the passage of this bill into law
They may by formal resolution declare the
question of assent to be undecided and post
poned, and yet, in opposition TO their express
declaration to the contrary, their assent is TO
be implied Cases innumerable might be
cited to manifest the rrationality of such an
inference Let one or two in addition suf-
fce--lhe popular branch of the Legislature
may express the dissent by unanimous vote,
and its resolution may be defeated by the
vote of the Senate; and yet the assent is 10
be implied. Both branches of the Legisla-
lure may concur in a resolution of decided
dissent, and yet the Governor may exert the
veto power conferred on him by the State
Constitution, and their Legislative action be
defeated; and yet the assent of the Legisla-
tive authority is implied, and the Directors of
this contemplated institution are authorised
to 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, un-
der no circumstances, withdraw it, except by
an act of Congress.
The State may af,erward protest against
INV, e,,ob mime, anthpr-
ity is gone. Its assent is implied by lis fail
ure or inability 10 act at its first session, and
its voice can never afierward be heard. To
inferences 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 establish
ed in judicial proceedings, by introducing
presumplions at variance to the fact, and in
forences at the expense of reason. A State
in condition of duress would be presumed
to speak, as an individual manacled and i'm
prisoned might be presumed TO be in The en-
ioyment of freedom. Far better to say to the
States boldly and frankly--Congress wills,
and submission is demanded.
1t may be said that the directors may not
establish branches under such circumstances;
but this is question of power, and this bill
invests them with full power to do so. lfthe
Legislature of New York, or Pennsylvania,
or any other State, should be found in such
condition as have supposed, could there be
any security furnished against such step on
the part of the directors? Nay, is it not fair
ly TO be presumed that this proviso was in
troduced for the sole purpose of meeting the
contingency referred 10! Why else should
it have been introduced!
And would submit 10 the Senate, wheth-
er it can be believed, that any state would
be likely TO sit quietly down under such a
state of things! In great measure of pub
lie interest their patriotism may be success
fully appealed 10, but 10 infer their assent
from circumstances at war with such infer
ence, cannot but regard as calculated to ex-
cite feeling at fatal enmity with the peace
and harmony of the country, must therefore
regard this clause as asserting the power to
be in Congress to establish offices OF dis
count in state, not only without It's assent,
but without It's dissent: and so regarding it, |
cannot sanction it.
On general principles, the right in Con-
gress to prescribe terms TO any State, implies
superiority of power and control, deprives
the transaction of all pretence TO compact be-
tween them, and terminates, as we have SEEN
in the total abrogalion of freedom of action
on the part Of the states. But fourth; the
Stale may express, after the most solemn
form of legislation, its dissent, which may
from time to time thereafter be repeated IN
full view of its own interest, which can never
be separated from the wise and benlticen
operation of this government: and yet, Con
gress may, by virtue of the last proviso
overrule its law, and upon grounds which, .e
such a state, will appear to rest on con
structive necessity and proPrleiy, and moth
ing more.
regard the bill as asserting Tor Congress
the right to incorporate U. 5. Bank, witt
power and right TO establish Offices oil dis
count and deposi,e in the several States o
this Union, with or without their consent,
principle to which have already heretofore
been opposed, and which can never ob.alr
my sanction. And waving all other consd
ations growing out of its other provisions,
return it to the House in which II originated
with these my objections 10 lis approval;