Sunbury American and Shamokin journal. [volume] (Sunbury, Northumberland Co., Pa.) 1840-1848, 1841-08-21

nonimous vote, and its resolutions may be defeated
by q tic vote of the Senate is 10 be implied.
Both branches of the legislature may concur in
q resolution Of decided dissent and yea The Cover.
nor may exert the peto power conferred on him by
the State Constitution, and their legislative action
be defeated and yet The assent of1he legislative a,-
thor, is Implied. and the directors Of this con,em.
plated institution are authorized to establish a
branch or branches in such Slate whenever they
may find it conducive to the interest Of the stock
holders to do so; and having once established it,
they can under no circumstance withdraw it, ex-
cept by act of Congress The State may after
wards protest against such unjust inference, but
its authority is gonc Its assent is implied by its
failure Of inability to act at its first session, and its
voice can never be hearJ.-To inierences violent
and. as they seem to me, irrational, cannot yield
consent No court of justice would or could sane.
ton them, without rcservng all that is established
in judicial proceeding, by introducing presumptions
at variance with fact, and inference at the expence
of reason. A State in condition of duress would
b, presumed to speak, individual, msnaced
and in prison, might be presumed to be in the en-.
ieymcnt offreedom. Far better TO say to the States
boldly and frankly-Congress wills and submission
is demanded.
II may be said that the directors may not estab-
lish branches under such circumstances But this is
question Of power, and this bill invests them with
full authority TO do SO. If the Legislature of New
York, OF Pennsylvania, or any other State, should
be found 10 be in such condition as | have sup
posed, could there be any security furnished asanst
such step on the part of the directors! Nay, is
it no, fairly 10 be presumed that this rroviso was
introduced for the sole purpose of meeting the
tingency referred to Why else should it have been
introduced! And submit to the Senate, wheth.
CT i, can be believed that any Stale would be like
ly to sit quietly down under such state of things
In great of public interest their patriot.
ism may be successfully appealed to: but to infer
their assent from circumstances at war with such
inference, cannot but regard calculated 10 eS-
cite feeling at fatal enmity with the peace and
harmony of the country. l must, therefore regard
'h's US aSSeiHhs Po"o' " 'e III SoibiCs~
TO establish offices of discount in State, not only
without its assent but against its dissent; and SO
regarding it. cannot sanction il.
On general principles, the right in Congress to
prescribe terms to any Slate, supplies a superiority
Of power and control, Jeprivos the Transaction Of all
pretence TO compact between them, and terminates
we have seen, in the local abrogation of freedom
of action on tho part Of tho States. But further
the State may express, after most solemn form OF
legislation, its dissent, which may from time to
time thereafter be repeated, in full view Of its own
int, rest, which be separated from the wise
and benefcent operation of this Government: and
yet Congress may, by virtue ofthe last prviso o.
verule its law and upon grounds which. to such
States will appear 10 rest on constructive necessity
and proprety, and no, anything more. regard
the bill asserting for Conges the ,gh, TO ncorpo
rate U. s. Bank with power and to establish office,
of discount and depose in the several States of lhi,
Union with without their consent, principle ic
which have always heretofore been opposed, anL
which can never obtain my sanction. And wal
wing oil other considerations growing out of its o
iher provisions return it to the House in which il
originated, with these my objections to its approval
JOHN TYLER.