Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1841-08-23


The directors OF the said corporaion shall ~s-
"iablish one competent office Of tiscauui and do
"pps,ie in any State III which Two thousand shares
shall have been subscribed, may be held, WHEN
ever. up0n application oi lie Legislature III such
stale, Congress may by Law" require The san~.-
Aud the said directors may alsv estsblisli one Of
''tnore competent Offices OF discount aud drpUsitc
IN any Territory District o the Un.,ef Slsirs
aud IN any State, with the assent u such State,
= MI when established. the sad Office oflices sall
be only wuhdrawu or removed by the SAID dmsrs
'l.ns, prior to tho expiration of this charter. with
'.Ihe previous assent Of Congress Projected. ~
''fesie.t to any State which shalt MT, NJ the icst
session Of HE Legislature thereof held after III.
passage oIthis actby resolution or other usual legs
"ldwe proceeding, uncondnionalty assent or dissent
10 the establishment OF such office oll es with
IN II, such assent Of the SAID Safe shall be lhrIs.
"afer presumed: And ptopided, ncrcrtlciess, That
whenever II shall become necessary aud proper.
Mn carrying ,nto execution any Of The powers
"gtaated by tie Constitution, 10 abIis an oics
-, Offices N any OF the States whatever. aud the
establishment thereof shall be directed by law. u
shall be the duty Of the said dfectofs establish
such Office offices accofdiney."
II will be seen that by ,his clause tho directors
are vested with the fullest power 10 establish, -
b,aach IN any ) ate which has yelled assent i;
and, hn'ns once established such br ,ncl,. u shalt
moi afterwards he withdraw except by otGrr &c Con
efe-s, Such assent is 10 be ,mPiitd. aud 10 live
The iotce AID sanction Of an actually expressed as
sent provided, IN respect 10 any SIaes~ eh shall
not AZ NE htSt session Of the Legislature thereof
held alter The hssage Of this act, by resolution ~
other usual legislature proceeding, uaeoadtLondHy.@
assent 81 dissent 10 lc establishment of such ufIi y
81 "ihfos wuhn II, such assent Of the said State
shall be thereafter presumed" The assent or dis
'"n ~ I" he expressed uecondaionaiiy. al HE frsi
"sf'on n NE Lesistdtare by some FORMAL iegi,ta-
Hte dff and II not 81 expressed, is dssen IL 10 be
lM.aed, apd tie directors ire tlicrepp n infested
"nh poser, Al such time thereafter ~ they
may please, 10 establish, which cannui after.
wails be Withdrawn, except by resolve III Con-
g,ess. No matter hat may be Tie which may
opeiaic W Ii the Legislature, which eiIer prevents
II from spcakIag OF addresses lIsef to is w,sdom.
10 induce delay, lis assent To be Implied. Thn
non rule IS 10 give way TO circumsian est Is
/ nhbending aud lnn Niblc. il is the language Of
the master 10 the vassal. An unconditional an
s"ef is claimed forthwith; aud delay. postpone
menI, ~ ihcapacuy 10 answer, Produces an I'M
plitd assent, winch Is ever after i,revocable. Ma
ny III The State elections have already tah pn
place without any knowledge. on the pri Of ,hs
People, tn II such question was to cote up The
| Representatives, may desire u submission Of tho
question 10 Their constituents, preparatory TO hnal
action upon II, but this high privilege is deurd-
! Whatever may be the motives aud views entertain
ed by the Representatives of thu people 10 ,njue1
dc'a., their assent Is TO be presumed. and - ever
afterwards binding, unless their dissent shall b. I'M
eondi'ionay expressed III their first session after
tho pa sage Of lis bill INTO law They NAV nv
orhal 'esouion d. clare the question OF assent ~
dissent TO be Undecided and postponed. an YET, ~
opposition to then express declaration 10 the con.
nary, then assent Is to be implied. Cases ,pnu,ur-
aole might be cited ~ manifest The trat,onaIny Of
such an Inference. Lei Que or two 10 aJd,i,on
suffice.
The opu'ar branch of the Legislature may es-
pr s. hs dissent by aa unanimous vote, aud 10
resolution may be defeated by a lie vote Ia tho
senate; and yet the assent is TO be in,pl,ed.
u 9th b'aaches Of the Legislature may concur ~ .
resolution Of decide dissent, aud yet Tho Cover nor
aay exert the reto power conferred HIM by tn.
Siae constitution. aud their legislative action bs
del aied aud yet The assent of The legislative ,ui,o
fiiy aplIed, and the directors o; tins ernpated
ma tuition are anAor z ID to establish n branch or
bR nctts IN sueh State whenever they may fluid il
conducive to The interest oithe siockholdes 10 do soI
" having once established H. they under no CIR
cu"sancrs Withdraw it, except BY act Of Congress.
Tie State may afterwards protest az ainsl SUCH aus
Just inference, but its authority is gone. lis assent
IS implied ny It's ihilure inability act al its first
session. ana It's voice can never afterwards be ard.
10 nlerences So violent, and they seem to ne :.
iiallonal,l cannot yield my No court Of ius-
ice would or could sanction them wihou, reversing
all that IS established in Judicial proceeding by u
Producing piesumpions nj Variance With fact, and
nteren.cs III he expense Of reason. A Safe ~ ~
condition al duIrsse would be presumed 10 speak.
as an individual. mandcled and prsou. mig M ha
presumed 10 be IN the joy mcni Of fraedotn. Fur
better 10 say ~ the States boldly aud lrankly-Cuu-
girss wills. aud Submission Is demanded. .
1t may be SAID That the directors may nut estulp.
lsh branches under such circumstances but ttis
Is question o power and This bill invests them with
lull power 10 do SO. II the Legislature oi New 9TH.
or PenDsy sania, ,r any other State, should be
found to be IN such condition as have supposed.
could there be any security furnished against su.n
asrp on the part Of The directors! Nay, is ii not
aitly 10 be presumed that this provso was lnrodu.
ced Tor the sole purpose OF meeting the c.rlio.epet
referred to :! Why else should il Lave been jmt..
dnced! And submit to The Senate mhe.netn can
be bcitved that ary State would be likely 10 SIT H-
ely down under snc.i n state Of things. In grrat
measure OF Pulnc interest. .helr pa IIoiism may be
successful, appealed to- but to Iuier their assent
tom circumstances at war with such inirieBc', l
cannot but regard calculated TO excite feeling
iatal enuiiy with The pence and harmony Vi the
country. must therefore re gard this clause
serving The powertO be III Congress 10 establish III.
Aces OF discouut in Stale, Only without its
sent, but against It's di sent. and So regarding il,
cannot sanction Ga general principles. the right
III Congress To prescribe terms 10 any Sta e, Implies
superiority Of power nd control deprwes the transact
t.n # all prcence 10 compact between the IN, aud ter
inmates rs We have SEEM in the total abrogati0n of
freedom OF aclon an the plr 0l The Satrs. But luu.
thci: the State may express, after The most solemn
form ui eglsia ION, lis di> sent, which frum time
To time thereafter be repeated, IN iuit view Of It's
own Interest, winch can uevtr be separated iron, the
wise and beneficial operation OF this Government:
aud yet Congress may by virtue Of the last prOvisO,
ovefrule IT'S law, aud upon grounds which. 20 such
State, will appear 10 rest uctive necessity
md urOpriely, and nulhlnp mure. l re0a,d tia