Lexington union. (Lexington, Miss.) 1838-18??, 1841-09-04

""SoHuiuouaiiy ussent or dis.
sent TO The establishment of such Office q,
Offices within it, such assent Of the car
state shall be thereafter presumed And
provided nevertheless. That whenever !,
shall become necessary and proper. Enr
Carrying into execution any OF the powers
granted by the constitution, to establish an
office or offices in any Of the sla,es
whatever, and the establishment thereof
shall be directed by law, it shall be the
duty OF the said directors to establish such
Office or offices accordingly"
II will be seen that by this clause the
directors are Invested with The fullest pow.
er to establish branch in any state which
has yielded its assent, and having once
established such branch, il shall not aC.
forwards be Withdrawn except by order
OF Congress. Such assent is to be i'm.
Piled and to have the force and sanction
OF an actually expressed assent; "provided
IN respect TO any state which shall not
at The first session of the legislature there.
OF held after the passage Of this act, by
resolution or other usual legislative pro,
ceedIng, Internationally assent or dissen,
to the establishment 0l such Office or off.
ces within 1t, SUCH assent of said state
shall be thereafter Presumed.n The as
sent or dissent is TO be expressed uncondi.
tlonalIv, at the first session of the Iegisla,
tnre, by some lorna legislative act; and
II not so Xpressed, lis assent is 10 be i'm.
Piled, and the directors are thereupon in
vested with power, at such time after.
wards as they may Think fit to establish
branches which cannot be withdrawn, ey
cept by resolve Of Congress. No matter
what may be the cause which may operate
with the legislature, which either prevents
1t from speaking, or addresses itself to lis
wisdom, 10 induce delay, It's assent is to be
implied, This ion rule is to give to no
clrcumstances-it is unbending and in
flexible, Its the language of the master
to the vassaI.
An unconditional answer is claimed
forthwith and delay, postponement, or
'ncapaclty TO answer, produces an implied
assent, which is ever after irrevocabIe. -
Many Of the state elections have already
taken place without any Knowledge
on the part of the people, that such a
question was to come up. The Repre-
sena'lves may desire a Submission of the
question to their constituents, preparatory
to ilnal action upon il; but this high priv.
iege is denied. Whatever NAV be- the
motives and views entertained by the
Representatives Of the people to induce
delay, their assent shall be unconditional
ly expressed at their FIRST session after the
passage OF this bill into law. They may
by formal resolution declare The question
OF assent or dissent to be undecided and
postponed, aud yet, in opposition to their
express declaration to the CONTRARY, their
assent is to be implied. Cases ionumer-
able might be cited to manifest the IRA.
uonallty Of such an inference. Let one
or two in addition suffice.
lts popular branch of the legislature
may express its dissent by an unanimous
vote, and It's resolution may be defeated
by tie vote in the Senate: and We, The /
assent is to be implied. Both branches Of
me Legislature may concur IN a resou.
ton Of decided dissent, and vet the Goy,r
may exert the reto power conferred on him
by the state constitution, and their IegisIa.
i've action be defeated and vet the assent
d me legislative authority is implied, and
he directors of this contemplated ins,itu-
ION are authorised to establish branch
" branches in such state whenever they
nay md 1t conducive to the interest of
ne stockholders to do so and HAVING
nee established it. they can, under no
circumstances, withdraw it, ex .ept by act
Congress. The state may afterwards
roiest against such unjust inference, bu, c
S authority is gone. Its assent is implied
y It's talIue or inability TO act at its frs,
esslon, and its voice can never afterwards {
heard. 70 differences so violent. and. II
they seem 10 me, irrational, I cannot /
leli my consent. No court of Justice !;
oald or could sanction them, without re,
ers'ng all that is established in judicial
foceedlng by introducing Prescriptions s
variance with fact, and inierences al a
'e expense OF reason. A state in con- @
non OF duresse would be presumed 10 >
'eak, as an individual, menacIed and in
'lson, might be presumed to be in The
'Joyment OF freedom. Far better to say 81
The States, boldly and frankly-Con- D
ess wills and submission is demanded. -
II may be said that the directors NAV "
It establish branches under such circum. Il
ances; but this is question of power; & IL
Is bull invests them with foil power TO do W
. II the Legislature Of N. Y. or Penn. az
lVanIa, or any other State, should be 8
Ind to be in such condition as ! have r
DnOonH cnuI1 tharn h. No., 4 Ia