Columbus Democrat. [volume] (Columbus, Miss.) 18??-18??, 1841-09-04


e6elal effects, the Unied States ought TO possess
the soundesi currency IN the world; but the 10
verse IS lameu,aby the fact
IS the measure now under consideration Of the 4
Objectionable character to which have sluded' /
II is clearly so, unless by the 10th fundamental !
article OF the / lth section It ls made Otherwise !
That article IS III The following words:
"Tha directors Of the SAID corporation shall ss
tabl,sh one competent office OF discount and de
posi,e IN any State IN which two thousand shares
snail nave bssn subscribed, or may be held, when
ever upon application Of the Legislature Of such
State, Congress may, by law, require the same.
And the sand directors may also establish one OF
more competent officeS of discount and deposit n
any Territory or District OF the URued States,
aud IN any State, with the assent OF such State;
aud when established, the said Office OF offices
shall be only Withdrawn or removed by the said
directors prior TO the expiration OF this charter,
with the previous assent OF Congress Proridsd,
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 as
sent OF dissent 70 the establishment of such office
or offices within il, such assent OF the said State
| shall DO thereafter presumed. .3ad Prortdsd' ner.
| erthsl,ss, That whenever Il shall become necess
airy and proper lor carrying into execution any Of
| the powers granite d by the Constitution TO esIab.
lsh an office OF offices in any Of the States what.
ever, and the establishment thereof shall be d.
reced by law, II shall be the duty Of the said d.
rectots 10 establish such Office or Offices accord
iagy"
II will be seon that by this clause the directors
are invested with the fullest power to establish
a branch IN any State which has yielded us assent
and having once established such branch, 1t shall
not afterwards be Withdrawn except by order OF
Congress. Such assent is to be implied, and to
have the force and sanction OF an actually on
pressed assent "provldad IN respect to any State
which shall not at The FIRST session OF the Legs
laue thereof held after the passage OF this acl'
by resolution or other usual 'egrSdlire proceed
ing, Internationally assent OF dissent 10 the
establishment of such Office or Offices within It,
I such assent of said States shall DO thereafter
presumed" The assent OF dissent Is to BIO tH-
pre ssed Internationally Il, the first session oil tho
Legislature, by some formal legislative act, ana
if not 50 expressed, its assent ls TO be implied
and the directors aie thsreupon invested with
power at such time thereafter as they may please,
to establish branches, Which cannot Afterwards be
, Withdrawn, except by resolve Of Cong ess' Ne
i matter what may be the cause which may ope
= late with the Legislature, WIN CHI either prevents
p il from spelUag, OF addresses itself TO rs wisdom
- 70 induce delay its assent Is to be implied lh
i IrOa rule - 10 give way Ia 40 cItcum'IGhces-' i
untcnilug uud nhexible. Ii - tao language Q
be The master to Tho vassal--an unconditional an
u swcr is claimed io,ihvirh ard delay, postpone
a meul or incapacity, IL answer, produces an I'M
Y phcd assent, which is ever after Irreyocable.
# MANY OF the State elections have already takel
: place, wih0ut any know edge, on the part OF Va
people, that such question was to come up h
. Relrp,entatives may desire a submission ol tn
question to their constituents preparatory 10 ina &C
y ton upon IT, but this high privilege IS denied, what
P ever nav be Tie motives and views entertained b
nr the Representatives Of The people TO induce delay
e their as cnt is presumed, aud Is ever aiterWa'd
ID binding, unless their dissent sha, be uuconduo0a
f w expressed at tIrr first session after the pas'ag
Of this bill into a law. They may by formal reSolu
, ton declare the question ot assent or dissent 10 y
" undecided and postponed, and yet, N opposition
u their express declaration 10 the contrary tGcras,eI
~ is 10 be implied. Cases Iunumcrabc might he eNt
I'd to manifest the rratonaty OF snch an inference
u. Let one or two suffice. The popular branch OF III
IN Legislature may express It's dissent by an IMAM
-, nous vote aud its resolution may be defeated by
= he vote in the Senate, and yet the assent IS to u
Nv IMPLIED Both branches Of the Legislature may cot
~ curina resolution oldec.dcd dissent, and yet u
nc Governor may exert the uet0 power conferred on W
OF by the Safe Constitution; aud their legislative acio
@. ne defeated AMI YET The assent OF the legislative az
nr thoriy is implied ami the directors III tins cohen
!, plated iustituuonarc authorized 10 establish branC
~ or branches in such State whenever they may hni
'9 conducive to the interest of The stockholders 10 d
gu So aud having once established II, they can und
IN no circumstances withdraw IT, except by aci Of Co
n gress The STATE may afterwards protest AGAIN
lis such unjust inference, but It's authority - gone
la. assent IS implied by It's failure or nably to act
he It's first session. and It's voice can never alterwar
=, be heard 10 differences so yloert, and as ,ht
seem to me, irrational, cannot yield my consent
No court ul justice would or could SANCTION 'heI
lat without reversn! all that is established IN lndlc
s proceeding. by introducing Prescriptions al Varlan
AS with fact and inietences at The expense reason
Sc. State in a condition OF duress would be prs'url
A 10 speak as an individual, manacled ana ~ pfla'
roc might be presumed to be IN the enjoyment OF fc
"A dom Far better 10 say 10 The States body 81
~ Gankly--ConEtess wills, and SUBMISSION is dem'n.
-, ed.
y, II NAV be said that the directors may not es,S
~ Usb branches under such circumstances But this
va question Of power, and this bill invests mem
es' FIJI authority to do so. II the Legislature oi NJ
iad York, OF PennsyVana or any othe o4dle' 'h""'"
tic, found to be IN such condition as have 5uPpos
n could there be srv security furnished against sucl
rl sep n the part sfthe directors Nay, islt not "a
-. w to be presumed that this provs0 was inlroduc
~" for the sole purpose Of meeting the cont agency
~ erred to- Why else should it have been introduce
RED And submit 10 the Senate, whether can bs be'
wn ell llat any State would be likely to iqnetly DO
ere under such state Of things Ina great meas'
or ofpubc interest their patriotism may be success
,,rv " appealed to; but TO infer their assent rom clfc
ex stances 81 wal WY. 'ueu ~. =, c,alaom
IDLE eato ~ ga II, ohe country i'm,
ore therefore tsgsrd this clause as asserting ae po'
'ere 10 BE- il Congr-s. establish Offices Of discount
nv Siaie tot on. without lis assent. but agalnst