The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1841-09-09

would have been probable majority OF AZ.
Is il TO be believed that thus large majority
of the Immediate representatives of the Peo.
pie. fresh from amongst them, and to whom
the President seemed inclined in his opening
message, TO refer this very question, have
mistaken the wishes OF their constituents
pass to the sixteenth fundamental con
dlt,on, 10 respect to the branching power,
on which regret TO feel myself obliged to
say that think the Presideat has common,
ed with unexampled severity, and with
harshaess OF language not favorable TO The
maintenance Of that friendly and harmoni.
Gus intercourse which is so desirable be.
tween coordinate departments of the Gov.
ernment. The Presiden, could not have
been uninfoTmed THAI every one of the
twenty six Senators, and every one of the
hundred and thirty one Representatives who
voted for the bill. t left to his own separate
wishes, would have preferred The branch.
ing power 10 have been conferred uDcoudi-
tionaily, as il was in the charters Of the two
former Banks of the United States. Ia
conserving 10 the restrictions upon The ex.
ercise Of tia, power, he must have been per.
ieotly aware that they we're ac,uated by
friendly spirit OF compromise nnd cences
sien. Yet nowhere in his message does he
reciproca,e or return this spirit. Speaking
Of the assent or dissen, which The clause
requires, he says: "This iron rule is TO
give way 10 no circumsiances--it Is IN
bending and iutlsxIbie. IL IS the language
of the master TO the vsssal. An uacond,
lional answer is claimed forihrrifh." The
"high privilege" Of Submission of the
question, on the part of the State Repre-.
seuiatiyes, 10 their constituents, according
to the message, is denied. lie puts the
cases Of the popular branch Of State Leg
islaiure expressing its dissent by unani-
nous vote, and It's resolution may be defeat.
ed by tic vote 10 the Senate" and Both
branches of the Legislature may concur in
resolution Of decided dissent, and yet
the Governor may exert The veto power
conferred on HIM by the State constitution,
and their legislative action be defeated. y
4" The State may afterwards protest agaius,
such upl9s, inference, but lis Authority
is gone" The presideu, continues /" To
differences so violent, and as they seem TO
Ge irrational, canno. yield my consent.
No court OF justice would or could sanction
them, wilhou, reversing all that IS estab
4iished 10 judicial proceeding, by introduc-
ing Prescriptions at variance trih fact,
and differences at the expense of reosoa.-
A State in a condition Of duresse would be
presumed TO speak as an individual, mana
cled and 10 prison, might be presumed
to be ia the enjoyment Of freedom. Far
better 10 say to the States, boldly and frank.
ly, Congress, wills, and Submission is de-
mqaded."
Now, Mr.. President. will not ask
whether these anlmadvers.ons were promp.
tod by reciprocal spirit Of amity and kind.
cess, bat inquire whether all Of them are
perfectly Just.
Beyond all question those Who believed
N the constitutional right Of Congress 10
exercise the branching power ~ishtn the
States, unconditional and without limitation
did make 90 small concession when they
consented that it should be subjected TO the
restrictions specified in the conpromise
clause. They DID not, il is true, concece
every thing they did not absolutely re
uouuce the power TO establish branches
without the authority Of the States during
the whole period Of the existence of lhl
charter; but they did agree that reasonable
tine should be ailowed 10 the several S!a'e'
10 determine whether they would or woul'
not give their assent to the establishment
Of branches within their respective limits
They did not think il right TO leave il al
open question, for the space Of iweni,
years nor that State should be permliter
10 grant TO day and revoke to morrow ii
assent nor that II should annex onercus o
iImprac,icable conditions to its assent, bu
that 1t should defiui,iyety decide Tho cues
ton, after the lapse Of ample time for fol
delberailcD. And what vas that time
No State would have had less than fou
months, and some Of them from five L
nine months, for consideration. Was il
therefore, entirely correct for The PfesI
dent to say that an unconditional an
swer is claimed forthwith p Forthwith
means immediately, Instantly, without de
Law, which cannot he affirmed Of a spac
Of time varying f:om four to niue month.
Add the President supposes that tho "hig
privilege Of the meiabers Of The Stat
Legislature submitting The question /
their constituents is denied But coul
they not at any time curing that spac
have consulted their constituents
The President proceeds 10 put wha,
must, With the greatest difference and re
spect, consider as extreme cases. lie SUP
poses the popular branch 10 express IT'S dis
sent BY UNANIMOUS Vote, which is over
ruled by tie ~ the Senate. file suppose
that " both branches Of The Legislatur
may concur IN resolution Of decided az
sent, and yet the Governor may exert ID
veto power" The unfortunate case Of th
State whose Legislative will should be S
checked by Executive authority, would no
be worse Than that Of the Union, tie will Z
whose Legislature, IN establishing this bank
Is checked and controlled by the President
Bot did il not occur to him that extrem