The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-08-17

| charter with The previous ascent 81 LoDgress p
"ridsd in respect 10 any State which shall mo-, :, s
first session Of the legislature thereof held AFTER t
passage Ofthis act by resolution other usual sg
'lative proceeding Internationally " Of.
sent to the establishment or such ofh-e u ice.
within IT. such assent Of the .aid State shall bether
AFTER presumed And pr0rided, nerertAe'ess TIL,
whenever IT shall become necessary and proper Fl
carrying into execution any Of the powers GRANTEE
by the Constitution to establish Office or ofiee.
'n any ofthe States whatever and the establishment
thereof sha be ireced 6y Law, shall be the Outs
of the said director. establish such Office u Offices
accordingly
il will be that by this clause The directors ~
invested with the fulesi power to establish branch
in any State which has yielded it, assent and having
once established such branch shall afterwards
be withdraw, e1cep, by order Of Congress socA
assent Is 10 be implied and TO have the force ana
sanction Of actually expressed assent provided N
respect 10 any State which shall the drst stssoh
Of the legislature thereof held after the passage 1t
this act by resolution other usual kgsiairs pro
eeedings, uneondtionakiy OF dissent the
Enlistment Of such Office offices within it. such
assent of said State shall be thereafter presumed
The assent dissent Is 70 be expressed uneondi0n-
ally al the first session Of the Legistature by some
formal legislative act and if expressed, It's
assent il To be implied and the directors ihereupon
invested with power, al such time thereafter as they
may please, to establish branches which after
wards be Withdrawn except by resolve Of Congress
No matter What may be the which may operatp
with the Legislature, which either prevents il fom
speaking, addresses itself its wisdom 10 induce
delay its is to be implied I his iron rule i 10
give way to no circumstances-it is unbending and
infeIibe. Ii is the language Of the 10 the
vassal-an unconditional answer rs claimed forthwith
and delay, posponement, ncapaeity answer pro-
duces implied assent, which il afier irreyoca
bic. Many OF the State elections have already taken
place, without any knowledge, the part Of the Peo
pie, that such question come up The repr,
sentayes may desire submission Of the question u
their constituents preparatory 10 final action upon
but this high privilege is denied whatever may be NE
motives and views entertained by the Representative
Of the people to induce delay their assent is Be pre-
sumed, and is afterwards binding unless Their az.
sent shall be Internationally expressed a, their first
session after the passage OF this bill into law They
may, by formal resolution, declare the question 81
sent dissent to be undecided and postponed; and
yet in opposition TO their express declaration the
trary, their assent is to be implied Cases nnumrrabe
inference, Let one in addition suffice The
popular branch of the Legislature may express its die
sent by an unanimous vote and its resolution may be
defeated by tie vote of The Senate and yet the as
sent is to be implied Both branches of the Legisla.
ture may concur in resolution Of decided dissent
and yet the Governor may the reto power con
ferred on him ny the State Constitution and their e
gative action be defeated and yet the the
legislative authority is implied and the directors al
this contemplated ins ution authorized establish
| branch or branches in such State whenever they
may find it conducive TO the interest of the s,ockhod
to do SO; and having established it, they can
under circumstances withdraw it, except by q
Congress. The State may afterwards protest against
such unjust inference, but its authority gone, Its
assent is implied by its failure inability at It's
first session, and its voice afterwards he
heard To differences violent, and, they seem
to me, irrational cannot yield my No court
of justice would could sanction them, without re
versng all that is established in judicial proceeding
by introducing presumptons at variance with fact and
differences at the expense of reason A State in a
condition Of duress would be presumed 10 speak as an
individual manacled and in prison. might be presumed
to be in the enjoymen, Of freedom Far better 10 say
70 the States boldly and iranky-Congress wills and
submission is demanded.
1t may be said that the directors NAV not establish
branches under such circumstances But this il
question of power and thu. bill invests them with full
authority to do Ii the Legislature Of New York
or Pennsy lvana, any other State should be found
TO be in such condition | have supposed could
there be any security furnished against such
step on the par, Of the directors Nay, is it not
fairly TO be presumed that this proviso introduced