Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1841-08-19

The state may allerwsrd protest a.
gainst any such unjust inierence-but
\ its authority is gone. Its assent IL i'm
piled by lis failure or inability TO act a,
its first session, aod lis voice can never
aherward be beard. To inierences so
violent, and, as they seem 10 me, IRA
tional, l cannot yield my consent. No
court Of justice would or could sanction
them, without reversing all that Is estab
llshed in judicial proceeding, by intro
ducing presumptions nt variance To the
fact, and iDicrences ut the expense Of
reason. A state in a condition OF duress
would be presumed to speak, as an indi.
yidIal manacled and imprisoned, might
he presumed to be in the enjoyment Of
freedom. Far better 10 say TO The states
boldly md irankly-Consress wills, and
submission is demanded.
l II may be said, that the directors may
not establish branches under such CIR
cum mstances; but this is a question Of pow
er,and this bil'invests them with full pow
crs TO do so. If the Legislature Of New
York, or Pennsylvania, or any other
slate, should be found in such condition
as have supposed, could there be any
security furnished against such step on
the part of the directors? Nay, is it not
fairly to be presumed that this proviso
was introduced for tho sole Psrpose o!
meeting the contingency referred 10 p
!, Why else should it have been introduced! |!
And l would submit to the Senate,
whether it can be believed, that any
state would be likely to sit quietly down
under such state Of things? In II great
measure of public interest their patriot
ism may be successfully appealed Sto,
but 10 infer their assent from crcumsthh-
ces at war with such inference, cannot
but regard as calculated to excite feel
ing at fatal enmity with the peace and
harmony of the country. i must there
fore regard this clause ms asserting the
power to be in Congress to establish offi
ces Of discount in state, not only with
out its assent, hut az ainst 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 power and con-
trol, dcprvcs the transaction Of all pre-
tcnce To compact between them, and ter
inmates, as we have seen, in the total
abrogaiipn of freedom OF action on the
part Of the States. s.-But farther the
State may express, after the most Solemn
form of e9is!aiion. its dissent, which may
| from time to time there's after be repeated
in full view Of its own interest, which Gun
never be separated from tho wise and
beneficial operation Of this gOvernmen ;
and yet Congress may, by virtue Of the
last proviso, ovcrrule its law, and upon
grounds which, to such state, will appear
to rest upon constructive necessity and
proprieiy, and nothing more.
l Iregsrd the bill as asserting for Con-
gress The right to incorporate the United
States Bank, with power and rig ht to
establish Offices of discount and deposiie
in the several states OF this Union, with
or without their consent, q princip to
" which ] have already heretofore been
Il opposed, and which can never obtain my
sanction. And waving all other cons
sideraiions growing out Of its other pro-
visions, | return it to the House in which
/ il originated, with these my objections
to its approval. JOHN TYLER.
/ Washington, Aug. l6, ioAl.