The spirit of the age. [volume] (Woodstock, Vt.) 1840-1844, 1841-08-27
VOL. III. NO. 60.

upon application VI lne Legislature OF such Stale,
Congress may, by law, lequlre the same. And
the said directors may also establish one or more
competent offices of discount aud deposile in any
Territory or District of The unhed States, aud in
any State, with the assent Of such State; and when
established, the said office or offices shall be only
Withdrawn or removed by the said directors, prior
10 the expiration Of this charter, with the previous
assent Of Congress.
Provided, in respect TO any State which shall
not, at the first session of the Legislature thereof
held after the passage of this act, by resolution, or
other usual legislative proceeding, Internationally
assent dissent to the establishment of such Office
or offices within it, such assent Of the said Slate
shall be thereafter preserved, and provided, new
erlhcleSS, That whenever it shall become neces-
s0ry and proper Tor carrying into execution any Of
the powers granted by the Constitution, To esiiab-
lI>h an office Offices in any Of The States what
evcT and the establishment thereof shall be direct
ed by law, il shall be the duty Of the said directors
to establish such office or offices accordingly"
1t will be seen that by this clause the Directors
are invested with the fullest power TO establish
branch in any State which has Welded lis assent
and having once established such branch it shall
not afterwards be wilhdmwa, except by order Of
Congress. Such assent is 10 be implied, and TO
have the force and sanction oiu actually express
ed assent, " provided in respect TO any State which
ShaII moi, at the hfSt session OF the Legislature
thereof heId alter The passage OF Tins act by reso-
Iu'lnn or olher usual legislature proceeding, uncOR-
dlonally assent or dissent 10 the establishment OF
'u'h once OF GI'ce' ""h" IT, Socn assent oil sad
State shall be lhcyculcr presumed
The assent or dissent is 10 be expressed unccn-
dilionally at the FIST session Of the Legislature Nv
some formal legislative aCt and if not So express
ed, lis assent is to be implied, aud the directors
are therefore invested with pow er. at such time
thereafter as lhey may please to establish branches
Whlch cahhol afterwards he "thnWWn except hy
resolve OF 'ohgrrSs-ho ma''er what may be the
cause Mhch may opr'alf WIN lne LegNlalure,
winch cnher prevents II IRON SpeaNlng or address
IS ls'll To rs wisdom To lnunre daay us assent il
to he Notwithstanding and mileNibIe-lt Is the law
gNer OF The master 10 me vaSsai an unconditional
answer i claimed ioflhwlh, ana Ge'ay, postpone
men'' or lncaphcN! 10 answer produces an implied
assent, which Is ever aiter re'ocdole,
Many ct the Stale elections nave already taken
place, without any hnoWitdSe on the part OF The
people that such question was TO cone pp The
representatives may desire submission of the
question to their constituents preparatory 10 final
action upon it, but This hlgh privilege Is denied
whatever may be the motives nnd views enleriain-
ed by the representatives, OF The people 10 induce
delay, iher assent Is 10 he presumed ana Is ever
afterwards llnd'hg' unless 'htIr assent Shd be I'M
con'n"'ioha'iS cAn'eS4en nj l'er hrs' session al
YER me paS'as' q. '"'' ON mo ""
lhry may by formal resolution declare The qnea-
ton OF assent or dissent 10 oe nhheclded ANA post
poneh' ana YET IN opposition 10 'heIr express dec
lnra'on to the contrary, 'her assent Is implied
Gases Innnnern'e ni'gh' ne chcd 10 manifest tho
lfr'lnn9ily oI so'h an inference LEI one or Two
IN addiIlon, suiIce--'hr popular hr"ncA OF ihe l.e-
g'Ia'nfe may express the dissent ny m unanimous
vote ol Inc Sena'e ana yei the assent Is 10 be I'M
pied BON branches OF me Legislature may con-
cur IN resolution oil decided dlN'enf nnd yet the
Governor may exert me Nr'o power conferred on
HIM by ihe Stale tonStln'lnn' ana Inc Legislative
action be defeated; had YET Inc assent OF me Leg
iSlalne authority Is implied, ana 'he Directors
ct THIS contemplated Institution are authorized to
establish a branch or bran"a'' IN such slate, when
ever they may find II condnc'e 10 The Interest Of
the Stockholders TO do sos ana Ia'Ins once estah-
ll'hrd 1t, they can. under no circumstances, with
draw II. except by an Act OF 'ongresH.
ihe Senate may afterwards protest against amy
such unJuSliliabe InleIlerenre-b us authority -
gone. lis assent Is Implied by us failure or ina
ability 10 act ut is hst SESSION, and rs voice can
never afterwards be heard TO differences so vio-
lent and, az they seem 10 me-, irrational, cannot
yield my consent. No court OF justice would or
could sanction them. without reversing all lhat is
established IN judicial proceeding, by Introducing
prescriptions at varmncs 10 The Fact, and ihIrrci-
eos at the expense OF reason. state IN a condl-
ton Of duress would he presumed To speak, and an
individual ranaclrd nnd imprisoned might he pre-
suncd TO he IN the ENJOYMENT OF freedom. Far
better 10 say TO the states boldly and frankly
Congress wills, and submission j. demanded.
II may be said that The directors may not esab-
ish branches under such circumstances; hut this
is question of power, aud tlis bil invests them
with luil power 10 do 81. u the legislature OF New
York, or pcnnsylvania. or any other state should
he iC1nd in such condition rs have supposed,
could there be an, Sccnlri, furnished against such
step Oh The part ci the dlre"iors' Nay, Is 1t not
fairly to be presumed that ms provlSc was intro
dnccd for the sole purpose of meeting the corlin-
gene referred TO Why else should II have been
introduced
And would submit TO the Senate whether II
can be believed that amy state would he likely 10
sit quietly dawn, um'rr such state Of things =
IN great measure public interests their patriot