Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-09-30
NO AMPToN. N. C.. sept. ssd.
To ruE Eprroas or rus wu,o

IL w AMfiONs ~. C., Sept. g3d.
To rnE EDIToRs or rus wnIa
Gent'emen-Alow me To offer YOU NV eop.,,,,
latons tor the work done by the Wines ,l,r,,, an
a'e extraordinary session OF Congress, ard to con
uole with you oytr that which HIS been 4, Il unt,one
no. however, am pleased to say, by any faul, O
-e wing members. President Tyler (for reasoni
oeSi known 10 himself. and which shall not now
yiseuss) has, by the unexpected application OF III,
Seo power, thrown black mantle over the hope
OF the Wings. 90 Tar as N,tion, Al Rank IL eonr.,n,l
i'r the residue Of his official term lie bsS how.
ever promised, that at the ensuing regular session
% congress, he will recommend such a Fisca
hEeh'' as ne may think necessary and proper"
nave no hea what this can he.
| MIR Tyler must bc sensible that one OF tho mo-,
| powerful causes which led to the overthrow OF IN,
| van buren party, and his own elevation TO power
was inc depreciation OF our currency and the inc.
luanty OF exchanges and that of the first fruits
OF victory was expected to have been tho
ment of some Fiscal Agent which, willis, il should
saey collect, keep and dlsbure the public revenue
Wou'c at the same time, give To the country SOUND
a''u UNIFORM currency, and regulate exchange be-
tween State and State.
Il this bc correct, and Mr. Tyler was no, prcsc.
o ueh 20 aposa',ze, we may, think, safely in-
recommend os Necessary and proper will be
clothed with sufficient power TO afford sound and
uniform currency aud regulate exchanges. In o.
Ger however, TO do this his Fiscal Agent must nm
tho power OF operating IN the States either bv
branches or Agencies, but this according to the Pre-
siocnt and has champion, MIR RIve. can no, bc done
"N'VuN tue expressed assent OF the States.
IL Is, MossJs Editors, chiefly for the purposc Of
calling your attention Ihi, doctrine of State assrn,
as taught by the President and his friend MIR Rtyes
that trouble you with this communication So far
as am informed, neither of these gentlemen, nor
those who act with them, have expressed any dispo.
siUon 10 subject the Branches of such Fiscal Agent
as the united wisdom Of Congress may establish TO
taxation by the Legislatures of the States in which
lney may ee located, and yet IT my views are cor
rect such would De the effect of any bull recurring
the consent OF the State to the location of btancb.
IN us limits. In 1919, the celebrated case of Nc
Culloch vs.. The State of Mary land, involving the
right OF the Legislature of Maryland TO imp9se n
tax on the Branch of the u. :. Bank in that Stat.
was decided by the Supreme Cour OF the Il. States
was, IN that case, declared 10y the Court SHAT
he tSht OF taxation IN the States, extends TO all
SUBJECTS over which its sovereign power ,Steuds
and no further. 1.-THE Sovereignty ola State rytcnJ
10 every thing which exists by ITS own nuihoritv or
IS iniTOdactd By lis permission" SC This decision
OF inc supreme Court has never been overruri !
and submit, MessrS Editors It under IT'S atrthor,tv
The Legislature ola Sovereign State could not RIGHT
iuUy impose tax on the Branch OF any Fiscal /
ASe-t winch was introduced by ITS permission" .
In my oplmon II clearly could. Ii Congress pos
SfsScs the power, (ot which entsrais no douhtl to
establish a FlScI Agent of general Character call
It Fiscal Bank, Fiscal Corporation IT, $ Bank.
pr any tim: else you please, the power eSisls with
D" 10 the wishes Of the States aud rests on the
act, that such an Institution IS an Ascht NECESSARY
ana proper ior the execution Of delegated trust |
,thc collection and disbursement OF the public reye.
lue) II II has the power to create General Agent
or THIS purpose, the right necessarily follows of Io
'at'nS braucheS at any point IN the Union where
hey may be necessary and proper" Nor is the |
assent of the State IN which they may he placed NJ
III more necessary than It would he 10 enable Con-
;ress to establish Branch Mint, u Custom House.
" fnSt Oihcc, all OF which are mere agents by
means OF which Congress executes dc Csated mowers
The power of the General Government to create
gents can not be made dependent on e character
u me Agent the only requisite Is, that the pro.
ls no a
Execution of delegated trust"
Inc relation between the Agent and the object 10
&c accomplished, Is the criterion ot constitution 'ity
mr. II should ever be remembered that although tho
General Government is one of limited powers It is
Notwithstanding, sovereign with regard to It's proper
meets, and 20 It's declared purposes and trusts
NcSsrs. Editors this doctrine OF = ate Assent can
o' think, be TOO severely reProbated; for If car.
led cut, 1t would lead TO consequences tho mos, a.
neniab.e.
Under It's hsneful operation, every ogsnt which
ne General Government may fnd necessary and
proper" for tho Performance Of its delegated trusts
would I've subjected TO ) ate taxation. a tax so
nerous, a. to be Incompatible with their eN .scnce
night be imposed and thus the declaration that "rhe
constitution ana laws made in pursuance thereof ,
nal. be The supreme law OF the land" would be (
mere verblagc, empty and unniouuing defamation
l! the States may tax ore Agent employed by the .
IenecaI Government, IN the execution Of ITS dele ,
aIed trusts, they may tax all they may tax the .
'ost Oihce tie Custom House, the Mini, the Mai:
nd the tax may be 50 oneTous as 10 defeat all the
nds OF Government
50 far as my knowledge extends this view Of the :
Doctrine OF State assent, and It's consequences was
ot taken during the debates on the Fiscal Agents
which have been vetoed. My professional engage :
nenis have, however, been TOO iabor.ous to admit :
my reading all that was said on that occasion | ,
may nave been advcrtcd to- and yet have escaped !
ny attention If so, have at least done no harm, ,
ave thai OF tresplssng unnecessarily on your va. :
liable tmc-ior which, Alessrs. Editors, | crave :
lrdon.
Accept Messrs. Editors, my mos, sincere wishes :
u the success ui the glorious WING cause in behalf
which you nave battled so long and so noby.- :
n this portion Of the "Old North State" | have ,
ever seen better spirit oervldins the whg ranks; .
or have | ever seen them more united! .'Princip 7,
on homines' IS borne aloit on their dag, and when
he time for action shall arrive, DO assured they
'I'l not disgrace their motto.
With sentiments OF high esteem,
Your obed't servant,