The Camden journal. [volume] (Camden, S.C.) 1836-1851, 1841-08-25

assent isto be implied. Both branches Of
the legislature may concur in a resoln-
lion of decided dissent, and yet tile Gov.
: nor may exert the 0eto power conferred
on him by the State Constitution, and their
! legislative action be defeated; and yet the
assent of The legislative authority, is i'm
piled, and the directors OF this contem.
plated institution are authorized to estab-
lish 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,
under no circumstances withdraw it. ex.
cept by actof Congress. This State may
, afterwards protest against such unjust in.
terferCnce, but its authority is gone. It's
assent is implied by its failure or inabili.
ty to act at It's first cession, and its voice
can never afterwards be heard. To in
ferences so violent, and, as they seen, to
me, irrational, sIcaonot yield my consent.
No court of justice w ouldz or could sane
tion them, wiltoutreversing all that is es-
tablished in judicial proceeding, by intro
ducing prescriptions at variance with fact,
and interferences atthe expence ofreason.
A State in condition Of duress would be
presumed to speak, as an individual, ma
nacled and in prison, might be presumed
10 be in the enjoyment Of freedom. Far
better to say to the States boldly and frank
ly-Congress wills, and submission is de-
manded.
1t may be said that the directors may
moi establish branches under such crcum.
stances. But this is a question Of power,
and this bill invests them with full power
to do so. If the Legislature of New York
or Pennsylvania, or any. other State,
should be found in such condition as 4
have supposed, could there be any secu-
riiy furnished against such a step on the
part of the directors? Nay, is it not
fairly to be presumed that this proviso
was introduced for the sole purpose Of
meeting the contingency referred to!-
Why else shouldit have>been introduced?
And will submit to the Senate, whether,
It can be believed that any State would be
likely 10 sit quietly down under such. a
state of things! In great measure of
public interest, their patriotism may be
successfully appealed to; butto infer their
assent from circumstances at war with
interest, cannot but regard as calcula:i
ted to excite a feeling at fatal enmity with
the peace and harmony of the country.
must, therefore. regard this clause as
asserting the power TO he in Congress to
establish officers of discount in a State,
bu, not only without its assent, but against
its dissent; and so regarding IL, cannot
sanction it. On general principles, the
right in Congress to prescribe terms to
any State. implies superiority of pow
er and control, deprives the transaction
Of all pretence to compact, between them,
and terminates, MS we have seen, in the
total abrogation of freedom Of action on
the part Of the States. But further, the
State 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 .bencfcent operation of this Govern
ment; and yet Congress may by virtue OF
the last proviso, ogerrule its law, and
upon grounds which, TO such State will
appear to rest on constructive necessity
and propriety, and nothing more. l re-
gard the bill as asserting for Congress the
righ, TO incorporate United States Bank,
with power and right to establish offices
Of discount and deposite in the several
States of this Union, with or, without their
consent; principle to which | have al
ways heretofore been opposed, and which
can never obtain my sanction. And, waiv-
ing all other considerations growing out
Of lis provisions, I return it to the House
in which it originated, with these my OBJ
jections to its approval.
JOHN TYLER.
Washington, Aug. l6, ls4l.