The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1841-08-19

- 7ii'tth iNAi4aiili We ltFTtNIUlig
lhiuk the Constitution has placed it, in Con.
gress, and that Congress should forbear 10
invest tho bank with the right to exercise it,
J 10 the opposite opinion, held by our
friends, We are disposed so far TO coucede
as to admit that The bank shall not be allow.
ed, in the first instance, TO establish an Of
flee of discount and deposite IL any state,
without the previous assent Of its LegIsla.
tufe. But, then, we think 1t but right and
reasonable 20 require that the state should
signify IFS pleasure IN some specified time,
and ~ some practicable mode. According
ly, the amendment, which recognises the
right OF the stale 10 prevent The introduction
Of a branch within II, asks that this right
should be exercised at some time during the
period Of the first session Of the Legislature
after the passage of this act and requires
that its dissent, # it be opposed TO The in.
PRODUCTION Of the branch, should be annouuC.
cd IN unequiVoCal and unconditional terms,
Is il unjust or improper, when, ccnceding
TO tue state such power, the amendment
requires that 1t should be exercised within
a reasonable time Without such Iimiia.
/ ton, the question of the establishment OF
branches within the states might be an agi.
taiIDg question during the Whole period of
\ the twenty years Of the existence Of the
charter. with II, the question must be de.
/ tinitely settled in less than year from this
time. Is II not great and sufficient con.
cesson from those who do not think that
any assent Of the states is necessary, 10 ad.
nit that every one of the twenty SIX states
may prevent the introduction of branch
within It upon two conditions: LIST. That
they dissent, and, 2dy. dissent during the
period Of the first session OF their respective
Legislatures WA any one say that the
question should remain an open aud disturb.
rng question for the long space of twenty
years Is il at all unreasonable TO require
that il should be settled within the period
which varies from two to SIX months
of the first session OF the Legislature IL
may be objected that the amendment; pre-.
sumes assent if the Legislature remain 81.
lent, or does not assen, Internationally or
dissent. Bat is il unusual to infer assent
from silence : Is Il unreasonable to sup.
pose thai, if a state cannot bring itself to
dissent to the introduction of a branch, the
introduction Of branch within its limits
cannot be any very calamltous event?
According to the amendment, there are
-four cases IN which Offices of discount and
deposit may be established. LIST. Where
a legislature, whose citizens have subscrib.
ed 1000 shares require one. I'd. Where
any state assents. 3d. Where the first
session of the legislature after the passage
of this act shall have expired without its
declaring Internationally It's assent or its
dissent. And, 4th. In any state whatever,
whether it has dissented or not, within
whose limits II may be necessary and pro.
per TO establish branch, TO carry into eff.
iect any OF the powers granted by the Con.
and Congress shall require it to
be established. 1t may be said that this
fourth case asserts the power, ard recogni-
SEES the right 10 Congress to establish branch.
es whenever It thinks proper 10 accomplish
the purposes OF any OF the granted powers
Of the Constitution, aud so it does but il
asserts the power IN the language Of the
Constitution. Ii the Constitution has grant.
ed the power, it asserts the power if It has
denied the power, it does not assert the pow.
er. We think it has granted the power;
and, in using It's language, we mean dis.
iocty TO assert the power. But those
who do not think it grants the power, may,
nevertheless, well consent to the use Of the
language employed. 1t proposes no imme.
late exercise Of the power to establish
branches. That is mol now necessary.--
Il provides for It contingentiy; and, when
he question of establishing offices actually
arises in Congress, every one may inter.
DFet the clause IN the amendment accord.
ng to his conscientious convictions
W !thout the insertion of the provision in
he charter recognising the power Of Con.
yress to establish branches, if a state dis.
ented, Congress could not enforce on the
,ank the establishment OF branch within
he limits OF the dissenting state, however
Urgent the necessity, without an express
reservation Of such right, since, after grant.
ng charter, Congress could not add new
md onerous conditions TO it.
What will be the practical operation of
he amendment The bank cannot be or.
,anized, so as to commence business, before
he lst Of January next. After i, is organ.
zed, It Will require some two or three
months to make the necessary preliminary
Preparations, TO put the branches into oper-
ton. Many, il not most, of the state Leg.
,latures begin their next sessions on the first
londay IN December next. The sessions
{ the greater number of these will have
srminated before the bank is ready TO 10.
ate Is branches. Most of the State Leg.
'Iatures will probably readily aud uncoD.
iIoually assent TO the establishment OF
ranches within their respective limits
'ew, it any, Of those who do not expressly
ssent, will dissent; so that, by the time
hat the bank is prepared to plant its branch.
S, most of the states will either have ex.
ressly assenled 10 their establishment, or
y their silence have authorized an implied
ssent. lfthere should be some half dog.
=, e.n,o, thot evDrecslv dissenf that facf