Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-08-03

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think il has granted the power and, in using lis Ian
uuage, wc mean distinctly 10 assert the power. Bat
those who do not think grants the power, may, never
,heless we'll consent 10 the use Of the language EN-
ployed. II proposes no immediate exercise II ii''
oower to establish branches. That IS not now necrs
sary II provides Tor II coungenily and, when III,
question of establishing Offices actually arises in Con
sress every may interpret The clause IN Tn
| amendment according his conscientious convictions
Without Ike insertion If the provision in The chartr
recognising the power OF Congress In establish branches
If State dssentrd, Congress could not enforce on tht
Bank the establishment Of branch within the lint:
Of the dissenting State, however urgent the Necessity
without express reservation OF such right, since
after granting charter, Congress could not add ne"
and onerous coalitions In il.
What viii he the practical operation Of the amend
ment The Bank cannot BE- Organized, as 10 con-
mence business before The Is, of January next. After
is organized IT will require some two or three months
10 make the necessary preliminary preparations 10 Pu
the branches INTO operation Many if not most Of the
State Legislatures begin their next sessions on the
first Monday in December next. The sessions OF Inc
greater number of these will have terminated before
the Bank is ready to locate its branches Most oi The
State Legislatures will probably readily and uncond
tonaly assent 10 the establishment OF branches WITHIN
their respective limits Few, if any, of those who DC
not expressly assent will dissent; so that by the time
tina, The Bank IS prepared 10 plant its branches, most
Of the States will either have expressly assented 10
their establishment b. their silence have authorized
an implied assent. Ii there should be some han
dozen States that expressly dissent, that fact will mol
n all impair the utility Of tins national institution :
For il in the large commercial capitals of The ATTAIN
tic States and if al Cincinnati and Louisville, or Leg
po,on in the interior branches be established, all The
national purposes Of the institution may be fully &c
somplished.
oren, he pu, into complete operation by March or APRIL
- the fur,hest Whereas If it be not established at
This session. and can be AT the next it would probaby
,c rc,t fall twclyemonh before the nation realise
the benefits anticipated from the Bank Of the u s
These are the views, Sir, (said Mr. CD which he had
taken of this deeply interesting question lie believed
he shared them with those friends who have hitherto
acted with him. We consider that VIC have made n
urea, sacrifice Of our wishes and preferences III
consen,inr to the proposed modification of the branch
mo uower But ii las been made for country and
our friends And he ardently hoped that there would
he just appreciation of the concession, and The sP'rI:
of the concession proposed; that it would be met
here and elsew here b. corresponding friendly spirit;
and TINT the whole nation might rejoice in having once
more restored 10 il the inestlmahle benefits Of sound
currency, regulated exchanges, revived business, and
restored prosperity.
| Mr. RivES addressed The Senate al much length in
opposition 10 THIS amendment He said paliercd with
Them in double scnse; while il kept the promise 10
the ear broke it I" the sense IL said to the States,
we will establish these branches with your assent II
you do moi dissent in specified time, Will establish
them; and il yon do dissent, will by decreeng
| Them necessary aud proper, force them you.
| (Mr Rycs's Speech has not yet appeared full
| rs soon rs !, does shall tepubsh t)
| Mr.. SIMMONS expressed himself in favor of the
amendment.
! Mr. WALKER said he considered this the most dan
rcrnus and unconstitutional proposition made III
either House Of Congress. What the question: Ger
tain gentlemen considered that power possessed
by Congress L. establish branches Of National Bank
IN any STATE, without lis assent. Now, I" satisfy them
what does this amendment propose: why, that these
nine sovereign Bank directors shall presume the assent
ofeyery State which shall not al the next Of is
legislature after the passage Of this charter, lncond
tonay assent dissent to the location Of branch
within It's hunts. Now you were coercng the States
upon the command Of tbs Bank, to speak nj cnce
and forever upon this great question: and you were
also making certain acts o! OMISSION neglect On tie
mart. or Stale, presumed assent. Bat tins mol
all the proposition false and deus're, by prcsun
mr. an assent in cases, which as shalt be shown
Inc State had actually dssened. Suppose under tbs
amendment State disscnts from assen 10 the 10
cation Of a branch certain conditions specified ny
the Stale tor instance, the reservation 0! the taxing
power of the State other reservation What Is
presumed in such case by ihis Amendment why
Tia, tho State has consented Internationally, and tia
the branch may be located III total disregard OF This re-
scrva,ion. In other words, you presume an uncond
;ionai assent ~ The when the assent scondtIonal
nay, more, you constru" conditional dissent INTO al
unconditional assent You presume, then, IN these
cases an assent oi a State III the face OF conclusive
evidence that the State has no, asscnied. Suppose
under this amendment, the State Of Mississippi, or any
other State passes resolution dissenting TO the location
OF n branch uacss upon reservation OF the taxing
mower. unless the branch deals only IN exchanges
within lis Limits Is there fact and truth, an assent
in this case' And yet il IS presumed 10 be an assent
and an unconditional assent 10 the establishment oil
branch un.axcd and mol confined to exchanges. SIR II
is permitting Tie directors Of The Bank at Washington
q. n State, 4
and upon conditions upon which II has never assent
ed. Is This Just and proper mode IN which thus TO-
vcrnment should act towards The sovereign States
or what j. still! humilinting, authorize beard
al Bank directors act in regard In the States Of
the Union 10 torture their conditional assent or dis
sent into an unconditional assent. Ii the Stale dis
sents conGtiona!lv you make il not merely Presump
tive but conclusive evidence OF its unconstitutional as
mt pT0tdii0 probat0; presumption JuT's ds Jure
You reverse tie rules Of evidence and by false and
arbitrary construction, you declare tins conditional dis
| sent conclusive proof of an unconditional assent
Sir what twelve Jurors upon their oaths would uare u
pronounce snc conditional dissent an uncondIt'ona
assent And yet what no jury could do without Vio
allng their oatis and every principle oil lrnih enc
moral rcctilude this Senate IS now asked 10 40 Sr
majors cannot have reflected upon tie consequences
The adoption Of this amendment they surely cannot Dc
willing spread naked, palpahe iasehood upon 'h'
journals Of the Senate, by asserting that TO nc an assent
winch fact dissent Sir, the and those no
mcn, must have misunderstood lis true effect ano
meaning, or they never could or would yield u then
support And how dare you TO authorize this Bank &c
palter with the States this question now care
YOU empower these directors TO coerce the acton {"
State this subject Suppose many OF Tue o,a'es
denying your power to esin fish branch oil this bans
within their limits, refuse either 10 assent or dissent
upon the ground that this Bank has no right 10 cnerct
their action, is then an assent in fact NO. or, no
and yet ii is an assent under the provisions oil Inn
amendment In this and many other cases, the Dant
viii have located branches in State upon the ials'
pres umpion Of this constructive and hcliious asse
which, in fact, never has been, and never wouiu OF
given Ny word for 1t, if you thus attempt 10 au'hor
nc this Bank TO establish branch in any State npor
the presumption that it has asscnted in the cases stated
where, in fact, il has never assented, you will bring
about of thu most dangerous conflicts that has eve
occurred in the history Of this Governmental con
n:ci in which, if the Bank prevails, it will triumph
every rule Of morals, and every principle OF tru,i
and Justice If this would stop here, It won't
he sufficiently dangerous; but as precedent tor IN
lure action. it is OF alarming import We all know
said Mr. W. that not many years since, It was noyet