The Madisonian. [volume] (Washington City [D.C.]) 1837-1845, 1841-08-21

condition Of duress would be presumed TO speak an
individual, manacled and in prison. might be presumed
to be in the enjoyment of freedom Far better to say
TO the States boldly and frankly Congress wills and
submission is demanded .'
1t may be said that the directors may not establish
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.
or Pennsylvania any other State should be found
to be in suth condition have supposed, could
there be any security furnished against such
step on the part of the directors2 Nay, is it not
fairly to be presumed that this proviso introduced
for of meeting the contingency referred
to Why else should il have been introduced And
submit to the Senate, whether it can be believed
that any State would be likely to sit quietly down
der such a state Of things2 In great measure of
public interest their patriotism may be successfully
appealed to; but to inler their assent from circum
stances at war with such inference cannot but re-
gard as calculated to excite feeling at fatal enmty
with the peace and harmony Of the country. must,
therefore, regard this clause asserting the power to
State not only without its assent but against its dis
sent; and SO regarding it, cannot sanction it. On
general principles the right in Congress to prescribe
termsto any State implies superiority of power and
control deprives the transaction Of all pretence to
compact between them, and terminates, we have
SEEM in the total abrogation of freedom Of action
the part Of the States But further the State may
press after the most solemn form of legislation, its
dissent which may from time to time thereaf-
ter be repeated, in full view Of its interest,
which can never be separated from the wise and
benefcent operation of this Government; and
yet Congress may, by virtue of the last provi-
SO, overrule its law, and upon grounds which, to
such State will appear to rest constructive neces
sity and propriety, and nothing more. Iregard the
bill asserting for Congress the right to incorporate
a United States Bank with power and right to estab-
lish offices Of discount and deposit in the several
States of this Union, with without their consent;
principle to which have always heretofore been OPP
posed, and which can never obtain my sanction. And
waving all other considerations growing out of its
other provisions, return il to the House in which it
originated, with these my objections to its approval
aa " T11.3 %.R" @rf4@f1 VI JOHN TYLER. !
=, WASHINGTON, August l6, 184l. s.... F..
At the close of its reading, faint expressions of ap
probation, well disapprobaton, were heard in the
galleries, when debate arose between Messrs. Ben
ton Rives Preston and Buchanan, to what dispo-
sition should be made Of the actor actors in the
scene .f. 3. ...y.. ' ~ .1.rt..|H .. d.. f., a..,.
,.@ The man who was the principal actor in the dis
turbance here taken from the gallery under the
custody of the Sergeant alarms. f7.e
After further remarks by Messrs LINN, MER-
RICK, KING, PRESTON, RIVES, ALLEN, and
WALKER, upon the subject of ORDER and giving
their views ofthe extent of this disturbance very IL
mited and urging the Senator from Missouri not to
press his motion further, ..,.< iva g.. n- ,..
Mr. BENTON said his object had been accom-
pished by the clearing of the disturber from the gal
ery, who was now in custody at the of the Sci
geant- at-Arms. He had been informed by one of the
officers of the Senate that the prisoner had expressed
regret for what he had done and that he was not sem
sibe at the time gifts improperly, and was truly
sorry for it. Under these circumstances, as he had
been seized, and made an example of, which wonld be
liable to deter from future disturbances of this kind
he would that the Sergeant at arms be ordered
to discharge him. u
Mr. CLAY, of Kentucky, said the Message of the
President of the United States, which had just been
read returned to the Senate, in which it originated
bill which, having received the sanction of this body
was also passed by the House of Representatives;
and thus being concurred in by both branches Of Con-
gress presented for the appreciation OF the Presi
dent of the United States according to the direction
of the Constitution. The President had returned the
BILL with certain objections in the message, which had
lust been read.
1t was not his intention at this time, would it
be treating the subject with the gravity due to it, or
with the respect due to the coordinate department of
Government to this body, to proceed forthwith to
the consideration of the objections of the President
without an opportunity to that deliberate examination
which should precede any discussion consideration
They were sufficiently familiar with the course of
proceeding in of this kind, if the Constitution
had prescribed it; but the Constitution had pre-
scribed the course which ought to be pursued with
sufficient dstinctness and to leave doubt as
to what they were to do. The Constitution directed
that the contingency which hadi happened, of the
return of the BILL that the objections should be entered
at large upon the journal Of the body where the bill
originated and that the body should afterward pro-
coed the reconsideration of the BILL and it passed
by vote of twohIds it should be returned to the
other House, where if it also passed by vote of two
thirds it became law Of the land. II, the con-
trary, there was not vote of wo-thirds for the BILL
rejected, and that put an end to the measure.
He had risen, therefore, TO move that the Senate
proceed tomorrow at IL o'clock, to the consideration
Of the objections which the President had given, and
that in the mean time, the message be laid on the
table, and ordered to be printed.
Mr.. KING would suggest to the honorable Senator
from Kentucky, inasmuch the bill must be disposed
Of before they could 90 with other business, that
he to proceed with the subject at ten o'clock to-
morrow. He was in favor Of printing the message, as
it was a very important document which they should
have themselves and which should go to the country,
that the country might have opportunity to cons-
der the for 1T and he suggested that larger
number, say five thousand extra COPIES be ordered to
be printed, for the of the Senate, to distribute
throughout the land
Mr.. CLAY did not feel the necessity, which the
Senator from Alabama seemed 10 act on, of changing
the hour for the consideration Of the objections;
did he conclude with the Senator much he respect
ed his opinion in general to its being out of order
to proceed to any other business before they consider
ed this business. The Senator would find, by ree-
renee to the Senate Journal of 1892 in the late
of veto of bank charter that the objections
received on the 10Th, and finally decided on the
18th of the same month There was then a good
deal of intervening business. He had no doubt,
but the bill being before the Senate was sub
ject to their disposal as any bill would be- The
course pursued nine years ago had been adopted in
this instance motion was then made that the Senate,
at twelve o'clock on the next day. proceed to the BILL
He moved, therefore, that twelve o'clock tomorrow
should be fixed the time for reconsiderng this BILL
Mr.. CALHOUN concurred with the Senator from
that thsx.