Wheeling times and advertiser. [volume] (Wheeling, Va. [W. Va.]) 1839-1849, 1841-08-21

and # not so expressed. its assent is to be implied
and the directors are thereupon invested with pow
eL. at such time thereafter as they may please. TO
establish branches, which cannot afterwards be
Withdrawn. except by the assent OF Congress. No
matter what may be the cause which may operate
With the legislature, which either prevents IL from
speaking or addesses itself 10 its wisdom, 10 induce
delay, its assent Is TO be implied. This iron rule is
10 give way to no circumsiancos-it is un5ending
aud inhexible. IL is the language oftho master to
the vassal-and unconditional answer Is Ciaimed
forthwith; and delay, posiponcmcnt. or incapacity
To answer, produces an implied assent, which Is
ever afterwards irrevOcable.
Many Of the State elections have already taken
place. without any knowledge on the part OF the
| people. that such n question was To come mp. The
Representative may desire n submission ofthe qucs-
rion On their constituents prcpauioy TO final action
upon II. but this high privilege - deRied; whatever
may be the motives and views entertained by the
representative Of the people 10 induce delay. their
assent is 10 be presumed, and is ever afterwards
afterwards binding. unless their dissent shall be I'M
condIionally expressed at their first session aitcr
the passage of this ball into a law. They may, by
formal resolution. declare the question Of assent or
dissent To be undecided and posipo-cd; and yet. in
opposition 60 their express declaration to the contra
ry. their assent - Ia be implied. Cases innumerable
might DO cited 20 manifest the irraiionallity Of such
an inference. Let one or two ia addition suffice.
The popular branch Of the Legislature mny express
Il It's dissent by an unanimous vUte. anu It's resolution
may be defeated Ivy n tie vote in the Senate, md yet
The assent is 10 be implied. Both branches Of the
Legislature may concur in n resolution of decided
dissent, and yet the Governor may exert the veto
power conferred upon him by the State Constitution
and their legislative action be defeated; and yet he
assent Of the legislative authority is implied, and the
directors Of this CONTEMPLATED institution nre author
ized to establish a branch or branches whenever
they may find il conducive to the interest Of the
stockholders TO do so; and having once established i
they can under no circumstances Withdraw II excep'
by act Of Congress.
The State may afterwards protest against such ar
unjust inference. but its authority is gone. is assem-
is implied by It's failure or inability To act ut its frs
session. and It's voice can never afterwards be heard
To differences - violent. ind, Is ley seem 60 me
irrational, ! cannot yield my consent. No court o
justice would or could sanction them, without re
versing all that is established in judicial proceed
ing. by introducing prcsumpiI1ns ut variance witt
fact. aud inlerenees at the expense Of reason. A
state in u condition OF dureSs would be presumed Il
speak, as an individual. manacIed and in prison
might be said to be in the enjoyment of freedom
dom. Far better To say Is the States boldly and frank
ly-Congress wills aud submission is demanded.
, II may be said that the directors may not establish
branches under such circumstances. Euf this is
question Of power. aud this bill invests them will
full authority To do so. IL tho Legislature of New
York or Pennsylvania. or any other State. should b
found To he in such condition rs ] have supposed
| Cuulu mere De any security luIutSitel .saiit-A hhti
a step oa the part cf The dIreciOrsi Nay. Is Il no
fairly o. be presumed that this proviso was inirodu
oe for the sole purpose Of meeting the cUnirngenc,
referred TOT Why else should 1t have been inirDdu
cedl Aud / submit To the Senate, whether IL Cut
be believed that any State would be likely 10 ST
quietly down under such a state Of Ihinssl In
great measure Of public interest their patriotism mal
he successfully appealed To; but 10 infer their Assem-
from circumstances at war with such inference,
C ,nnot but regard Us calculated To excite a feeling n
fatal enmiiy with the peace Oni harmony Of the
country.
1 must, therefore. regard this clause MS asserting
The power - be ia Congress 20 establish Offices OF
discount in n State, not only without its assent. buI
against its dissent; and so regarding H.. | cannot sane
ton It. On general principles. the right in Congress
to prescribe terms to any State, implies a superiority
Of power end control, deprives the Transaction Ofall
pretcnce To- compact between them, and terminates.
rs we have seen, ia the total abrogliion Of freedom
Of action on the part Of the States. Bni further. the
State may express. after the most solemn form Of
Legislation, its dissent. which may from time 10 time
thereafter be repeated. ia full view of its own in
teresf, which can never be separated from the wise
and bcnefceni operation of this Governments; and
yet Congress may. by virtue ofthe last provIsD. over
rule its law. and upon grounds which, To spch State,
will appear To rest on n constructive necessity and
proprieiy, and nothing mare. | regard the bill a.
asserting for Congess the right to incorporate u Uni
ted States Bank with power and right TO establish
Offices Of discount and dePUsit in The several States
Of this Union with or without their consent; n prin-
ciple 10 which ! have always heretofore been Op-
posed, and which can never obtain my sanction.
And waving all other considerations growing out Of
its other provisions, I return il to The House in
which it originated, with these my objections 10 its
approval. JOHN TYLER.
Washington, AygHa l6. 1871.