The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1841-08-07

| WIN me right 10 eEtrn!SCat.
To the Opposite opinion, held by our
friends, we are disposed so far to con-
eide as to admit that the bank shall no, be
allowed, in the first instance, to establish
IN office OF discount and deposit in any
State, without the previous assent of It's
Legislature. But, then, we think it but
right and reasonable to refhirc That the
State should signify It's pleasure in some
specified time, and in some practicable
mode. Accordingly, the amendment.
which recognises the right of the State to
prevent the Introduction Of a branch with
in it, asks tliat this right SHOULD be exer-
ciscd at some time during the period OF
The first session Of the Legislature after
The passage OF this act; and requires that
It's dissent hh be opposed to the intro
ductIon of the branch should be announ-
ccd in uncquivocal and unconditional
terms. Is 1t unjust or improper, when.
concedmg 10 the State such power. the
amendment requires that it should be ex-
erclscd within reasonable time? Without
such a limitation, the question of the
establishment Of branches within the
States might be an agitating question du-
ring the whole period of the twenty years
OF the existence of the charter. With il.
inc question must be definitely settled in
less thana year from this time. Is il moi
a great and sufficient concession from
those who do not think that any assent
ol tho States Is necessary, to admit that
every orc OF the twcuty-six States may
prevent the introduction ola branch with
IN it upon two conditions: LIST. That they
dissent, and 2dly, dissent during the DC
Rod of the first session of their rcsncc,ivc
Legislatures Will any one say tina, the
question should remain an open and dis
turbIng question, for the long space of
twenty ycars2 Is it at all unreasonable
:, to require that it should be settled with
in that pcriod--which varies from Two to
SIX monlhs-of the first session oil the
Legislature? 1t may DC objected that the
amendment presumes the assent, if the
Legislature remains silent; or does not as
sent Internationally, or dissent. But is
1t unusual to infer assent from sleuce2 Is
1t unreasonable to suppose that, if a State
candot bring itself to dissent to the intro
ductlon of Il branch within IFS limits can
not be any very calami,ous eycn2
According to the amendment. ,b,re are
four cases in which Office. IF Iiscouu and
deposllc may be established Isl. Where
Il Legislature, whose ,.,tzcn: l.,,c subscri-
bed 1000 shares, require oar. III Where
any State asscnis. Sd. Where the first
session oltfIc legislature after The passage
OF tins act shall have expired witi out lis
declaring unconditionallv its assent or its
dissent And, 9TH. In any State. wheth-
or il has diSscntcd or not. within, whose
limits 1t may be necessary ard propcr to
establish a branch. to carry into effect any
OF the powers granted by the Constitution.
and Congress shall require II to be cslab-
lishcd. 1T may be said that this fourth |
case asserts the power. and recognises the
right IN Congress to establish branches
whenever il thinks proper to accomplish
the purposes OF any of the granted pow
ers ofthc Constitution, and so it does; but
1t asserts the power in the language of
the Constitution. If the Constitution has
granted the power, 1t asserts the power, if
1t has denied the power, it does not as
scrt the power, We think it has granted
the power; and, in using its language, we
mean distinctly to assert the power. But
those who do not think it grants the pow
or, may, nevertheless, well consent to the
use Of the language employed. 1t pro-
poses no immediate exercise of the power
to establish branches. That is not now
necessary. ltprovidcs for it contingent
ly; and, when the question of establishing
Offices actually arises in Congress, every
one may interpret the clause in the amend
mcnt according to his conscientious con-
vic.ions. Without the insertion of the
provision in the charter, recognising the
power of Congress to establish branches.
if a State dissented, Congress could no,
enforce on the bank the establishment of
branch within the limits of the dissent
ing State, however urgent the necessity.
without an express rcscrvatony of such
right, since. after granting charter, Con-
gress could not add new and oncrous con-
ditons to it.
What will be the practical operation of
the amendment The bank cannot be
| organized so as to commence business
before the LIST of January next. After it
is organized, it will require some two or
three months to make the necessary pre-
lmInary preparations to put the branches
into operation. Many, if not most, of the
State Legislatures begin their next scss-
ions on the first Monday in December
next The sessions of the greater num-
Der OF these will have terminated before
the bank is ready 10 locate its branches.
Most of the State Legislatures will pro-
badly readily and Internationally asscn,
to the establishment of branches within
their respective limits. Few, if any of
those who do not expressly assent will
dissent: so that. by the time that the bank