, 1841-08-28

SEES innumerable might be cited to manifest
the nationality Of such an inference. Let
one or two snfice. .
ne popular branch Of the Legislature
ma express its dissent by unanimous vote,
ano It's resolution may be defeated by a tie
sote OF the Senate, and yet the assent is to
oe implied. Both branches of the Legisla.
ture may concur in a resolution of decided
Ilssent and yet the Governor may exert
tne c:to power conferred On him by the State
constitution. and their legislative action be
defeated; and yet the assent of the legisIa.
tive authority is implied. and directors Of this
contemplated institution are authorised to
established a branch or branches in such
State whenever they find it conductive to
the interest of the stockholders to do 50;
and having once established it, they can I'm.
der No circumstances withdraw II, except
by an act of Congress.
The State may afterwards protest against
such unjust interference, hut its authority is
gone. Its assent implied by its failure or in.
ability to act at its first session, and its voice
can never afterwards be heard. To infer.
ences 80 violent, 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
y judicial proceeding, by introducing pre-
SYMPTOMS at variance with fact, and infer
ences at the expense Of reason. A state in
a condition Of duress would he presumed to
speak, as an individual, manalced and in
prison, might be presumed to be in the en-
|joyment at freedom. Far better say to tire
States boldly snd frankIy-Congrtss " i'll and
submission is demanded.
II may be said that the directors may not
establish bra inches under such circumstan.
ces. But this is a question of power. and
this bill invests them with full authority t.
do SO. II the Legislature of New York, or
Pennsylvania, "r any other Stale, should be
found to be in such condition as | have sup
posed. could there BY any security furnished
against such a step on the part Of The direc-
tors! Nay. i. is not fairly to be presumed
that this proviso was introduced for the sole
purposes Of meeting the contingency refer
red to? Why else should il have been in
troducedi And ] submit to the Senate,
whether it can be believed that anv State
would likely TO sit quietly down under such
a state Of things? In a great measure Of
public interest their patriotism NAV be sue
cessiully appealed TO; but to inference, |
but regard as calculated to excite a
feeling at fatal enmity with the peace and
harmony of the country.
must, therefore, regard this clause as as
sertlng the power to be in Congress to es-
tablish offices Of discount in a State. not onlv
without its assent. but against rs dissent; and
SO regarding it. ! cannor sanction it. On
general principles. the right IN Congress to
prescribe terms to nny Stale, implies a supe-
rioriiy of power and control, jeprives the
transaction of all pretence TO compa be-
tween them. and terminates, as we have
seen. in the total ~abrogation OF freedom of
action on the part Of the States. But fur.
ther-the State may express. after the most
solemn form Of legislation, its dissent, which
may from time TO time thereafter be repeated.
in full view of its own interest, which can
never be separated from the wise and ben
efcent operation of this Government, and
yet Congress may, by virtue of the last
proviso. overruled its law. and upon grounds
which, % such st .ta, will appear TO rest on
"A constructive necessity and prop'iety. and
more. lre:a'd the bill as asserting
tor Congress the right 10 incorporate n Uni
ted States Bank with power and right to IS
tabiish rfficeS Of discount and deposit in the
several Sra'es "f tits Union with or without
their c"ns"nt; a principe which can new
er obtain my sane IN. And waving all
nther corsid ra'ion growing out os It's other
p divisions, | return it to the House in which
originated, with these my objections To its
approval.
JOHN TYLER.
Washington, August I6, I84I.