The Yazoo Whig and political register. (Yazoo City, Miss.) 1840-1842, 1841-09-03


"a a Their irst session AFTER the passage o.
this SIN into q law. They may By formal
resomion declare che question Of assent Or
dissent 10 Be- undecided and postponed. and
vet IN oppositiOn 70 their express declaration
"a the contrary, their assent Is 70 be implied.
Gases Vulnerable might be cited to manifest
the irralionality of such an inference, Let
on or two in addition suffice.
The popular branch Of the Legislature may
express It's dissent BY an unanimous vote
and it's resolution may be defeated by a vote
in the Senate; and yet the assent Is % be
implied. Both branches of the Legislature
may concur Ia q resolution of decided dis-
sent, and yet the Governor may exert the
veto power conferred on him by the State
Constitution, and their legislative authority
is implied, and the directors Of this contem-
plated institution are authorised TO establish
branch or branches in such State whenever
they may find II conducive 10 the interests
Of the stockholders to do so; and having once
established il, they can, under no circum-
stances, withdraw il, except by act otCon-
gress. The State may afterwards protest
against such unjust inference, but its author
ity is gone. It's assent is implied by its fails
ure or inability to act at its first session, and
its voice can never afterwards be heard, To
differences so vital, and, as they seem to me,
irrational, cannot yield my consent. No
court of Justice would or could sanction them,
without reversing all that is established in
judicial proceeding by introducing presump-
tiOns at variance with fact, and inierences at
the expense of reason. A State in condi-
ton Of duresse would be presumed to speak,
as an individual, manacled and in prison,
might be presumed TO be in the enjoyment
r Iota To- ~ 80 Eon
boldly and frankly-Congress wills, and sub
mission is demanded.
It 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 power to do so. II
the Legislature of New York or PennsylVa-
mia, or any other State, should be found to
be in such condition as / have supposed,
could there be any security furnished against
such a step on the part of the directors!-
Nay, is il not fairly 10 be presumed that this
proviso was introduced for the sole purpose
Of meeting the contingency referred to!-
Why else should it have been introduced!
And submit to the Senate whether it can
be believed that any State would be likely TO
sit quietly down under such state Of things.
In a great measure of public interest, their
patriotism may be successfully appealed to;
but to infer their assent from circumstances
at war with such inference, cannot but re-
gard as calculated to excite a feeling at fatal
enmity with the peace and harmony of the
country. must, therefore, regard this clause
as asserting the power to be in Congress to
establish Offices of discount in a State not
only without its assent, but against its dis
senti and so regarding it, cannot sanction
it.
On general principles, the right in Con-
gress 10 prescribe terms TO any State, implies
a superiority of power and control, deprives
the transaction of all pretence to compac
between them, and terminates, as we have
seen, in the total abrogation o. freedom 0
action on the part Of the States. But furth
er, the State may express, after the mos
solemn form of legislation, its dissent, whic
may from time to time thereafter be repealed
in full view Of its own interest, which ca
never be separated from the wise and benz
fcent operation Of this Government; an
yet Congress may, by virtue of the last pre-
viso, override its law, and upon ground
which, to such State, will appear to rest o
a constructive necessity and propriety, an
nothing more. Iregard the bill as assertin
for Congress the right to incorporate a Unite
States Bank, with power and right to estal
lish Offices of discount and deposite in tn
several States of this Union with or withol
their consent; principle to which l have a
ways been opposed, and never can obtai
my sanction. And, waving all other col
siderations growing out of its other prov
siOns, return it TO the House in which
originated, with these my objections to
approval. JOHN TYLER.
Washington, Aug. 14th, 1841.