Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-08-30

both branches Of the Legislature may concur in
resolution OF deeided dissent and yet the Cover
nor may exert the veto power" The unfortunate
case oi The State whose Legislative will should be
so checked by Executive authority, would not be
worse Than that Of the Union, the will Of whose Lee
gslaure, IN establishing this bank, is checked ami
controlled by the President
Bdtd did II not occur to him that extreme cases
brought forward on the side might bc 10y
extreme cases suggested ON the o;heR Suppose
The popular branch express its assent to the
establishment Oft branch bank by a unanimous
vote, which is oyctrulSd 10y equal vote IN the
Senate Or suppose that both branches Of
the legislature, by msiouies IN each exactly
wanting one vote 10 make them two thirds were Ia
concur in a esouton inviting the introduction OF
branch wthr the limits Of the State, and the Gov.
enor were To exercise the veto power and defeat
the resolution. Would II be very unreasonable in
these two cases to ler the assent Oi the State the
establishment OF a branchi
Extreme cases should never be reSorted to. Hap
piy Tor mankind their all airs but seldom affect
cd or influenced by them, IN consequence OF the
I rari'y ot their occurrence.
/ The plain, simple. unvarniShed statement of the
case is this: Congress believes itself invested with
constitutional power TO authorize, Internationally,
the establishment Of Bank ol the United States
and branches, any where IN the United States with
out asking any Other consent ct the States than that
which 10 already expressed IN the Constitution
The President does not concur II the existence of
that power and was supposed TO entertain an opin-
ion that the previous assent OF the States was ne
ceSsNry. Here unfortunate conflict of OPP.
mon. Here WAS n for compromise and mu-
ual concession, Il the difference could bo reconcied
Congress advanced SO far towards a compromise as
to allow the States express their or dissent
but then It thought that tins should be done within
some limited, but reasonable, time; and II believed
since the bank and It's branches established tor
the benefit of twenty SIX States II the authorities
OF any of them really could not make up their
mind within that limited time either TO assent or dis
sent to tins Introduction of branch, that II was not
unreasonable, after the lapse OF the appointed time
without any positive aston, che way or lhN other
on the part OF ne State, to proceed Il It lad as
sented. Now, II the power commended for ~ Con-
greSs really exists 1t must bo admitted that here
was a cOncessIon-a concession according 10 which !
~ unconditional power is p'ccd under temporary
reslTc,ionS-a privilege offered u the States VIII
eE'enued 10 them 10y either i the charters |
OF the former Banks OF the United States =
And am .ota at a loss to comprehend how the |
Pres lent reached the conclusion that II would have
been 'far better to sly to the States, boldly and
hanS,y, Congress wills, and submission is demand
cd" ut better tor the States that the pow er OF
branching should II eNerted without consulting
them at C'R Was Il nothing % afford them an OPP
portunlty of saying whetl sr they desired branches
mott How can II be believed that clause which
qualities restricts, and limits the branching power
IS more derosatory from the dignity, Independence
and sovereignty OF the States than 1t IL ineXorably
refused to the States any power whatever to debe-
rate and decide on the Introduction of branchesl
Limited as the time was, and Internationally as
they were required To express themselves still those
states N1tu Nlal pTOpibiy WnAlu nave been the |
case with the greater number) that chose to an.
their assent dissent could do So and get or
prevent the introduction OF a branch. But the Pre-.
sirent remrrks that 1.-THE States may express after
the most solemn form OF LEGISLATION. its dissent:
which may from time To time thereafter be repeat
ed m fan view Of it, interest," which can never
UG separated tIon the wise aud bencfsent opera
ton Of this Government, and yet Congress raw
by virtue OF the last Proviso, overrue ITS Jaw and
Epon stouuGS winch, 10 such State viii appear To
rest a constructive necessity aus pTogrety, aud
nothing more"
Even # the dissent OF a State should be overal.
et, IN the manner supposed by the Preslden., how
i he condition Of lhat State worse than IL would
have been fife branching power h.i heen abSo-
iu.ely and Internationally asserted IN the charter
There would have been at least the powc- OF dis.
seurng conceded, with high degree OF probability
that L the assent were expressed no bran n would
be introduced.
The last proyiso to which the President refers is
ia these words: "Aud T divided, nevertheless Tina,
whenever /, sha! become necessary and proper for
carTyIng into execution any If tn 20 sers granted
y the Constitution, tn establish an office or Offices
IN any OF the States Whatever, and the establish.
'meut hereof s0a be directed by law it shall be {
he duty OF the said directors TO establish such Office
'or offices Accordingly
This provlso wss intended to reserve a power t,
Congress 10 compel the bank csa ism branches #
the esiau ishment OF lem should he necessary 10
tie great purposes Of TINS Government, notw'th-
standing the dissent OF . State. II, tor example, .
state mo once Internationally Qssenied the
adjustment Of a branch, and afterwards assented
the bank could not have been compelled, without Z
this reservation OF power, to establish the branch, 1
however urgent the wants Of the Treasury might ,
be.
The President, | think, ought to have seen, in a
the form and language OF the provIso the spirit of
eoncauon in which II was drawn, as | know. 1t 81
does not assert the power; II employs the language
OF the Constitution ITSELF leaving every free TO
interpret Ihit language according TO his sense
Of the instrument Il
Why was It deemed necessary to speak of its I
beng "he language OF the master 10 the yassll" Of
this IRON rule" that Congress wills and submits
sion IS demanded ?" What Is this whole Federal {
Government but mass OF powers distracted from {
the sovereignty Of the several States, ana welded 9
by an organized Government for their common de- /
fence and general we.ffTe, according % the grants
OF the Constitution These powers necessa-
rIlY sup eme; the Constitution, the acts OF Congress
and treaties being 80 declared by the express words
of the Constitution. Whenever, therefore, this Go :
vernment acts within the powers gunled TO II by
the CONSTITUTIONS submission ard obedience are due
from all; from States as well as ON persons. And I
II this present the image Of a master and a yassa'
Of State subsection and CorgrcssIona. domination |
Il IS the Constitution, created or consented 10 by the
States, that Ordans these relations. Nor can Il be
SAID IN the contingency supposed, that act of
Congress hos repealed an act uf State legislation.
UndOuOted y, ~ case Of conflict between a State
Constitution or State Law, and the Constitution Of
the United States or m act OF Congress passed in
pursuance OF u, the STATE CouSttu ion or State law
would yield. But it could not al least be formally
or technically said, that the State Constitution or
law was repealed. Its operation would be suspend
ed aJrogttCd by the necessary predominancc Of
the paramount authority.
The President seems 10 have regarded as ohier.
uOnaDle that provision IN the clause which declares
that branch, beng once established il should not
afterwards be withd avn removed wIlhOutthc pre-
vious consent o. Congress. That provision was in
tended 10 operate OJ;h upon the blnk and the States
And, considering the changes and fluctuations IN
public sentiment IN some Of the States within lhc last
few yeas was the security aga INST them To he found
IN that prOu,ion unrCasUuIuol One Legislature /
might invite r bran b, which the next m ,ht A.
tempt by penal or o her lsgis ,tOn, 10 drive away.
We lave had s. Ch examples heretofore; and can. !
not think uatH was unwIss 10 prof. by experience.
Besides, an eX1ct sim ar provision "as contained
Or the scheme Of / INK w.tA was reported 10y o.. /
Secretary OF The Treasury, ard 10 which u was uL-
dlrtoo' the President had given 5Lsrsnt. But II /
understand this message that scheme could not .
have obtained his s1nston, Il Congress had passed
10 without any alteration whatever L. authorized /
wh0t IS termed by tho PrcsI-n. local discounts |
and he does rot believe the Constitution cDnfers on
Congress power 10 establish a bank havfog that .
faculty. Hcslys, indeed 81 re,ad the biII d. as
'5.rrg for Congress the right % incorporate Uni
ted States Bank, with power end right 20 establish
Offices Of discount aud der Ise in the several States
1f,his Union, With OF Wiih0ui their consent; min
ciDs 10 tChch Ihage niDaBf hcrsiofrc bssn opp,ssd
and iChirh can nsUSr obtain my 5aneitJH." pass
with pleasure from this painful theme; deeply re- |
gre'ung that | have been constrained so long T.