Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-08-19

tact, proved To he a fruitful source of f,yoritiSm an,
and to the general veal.
The capital invested in banks Of discoup, in m,
United Sta es, created by the States. at this Tim,
exceeds s35O,OOO.OOO, ami Il the discoup,iny NJ Ioc,
paper could have produced any beneficial effects
'no United states ought To possess the sound, NJ cur
the fact. ""'"'o'S
Is the measure now under consideration NJ m,
ooJseuonahle character TO which I have olIudedl /
u clearly so, unless by the l6,h fundamental ,,,;cL
OF the llh section i, is made otherwise IN 80
Gle Is IN the following words;
ne directors OF the said corporation shall rs,,.
oiiSh one competent office Of discount and denosi,,
IN any State in which two thousand shares SRI
have been subscribed, or may be hrlJ vb~ro.S,
upon Application OF the Legislature OF such STAT
congress may, 10y law, require the same. An,
the sllu directors may also establish one or NOR,
Sohpetcnt Offices at discount and depositc /, ans
Territory or District Of the United Sto,cs ,,j I,
any state, with The assent of such State; and xbcr
established, the said office or offices shall be onIy
whhdrawn or removed 10y the sa,d directors prior 10
the expiration OF this charter, with the preyiou,
assent OF Congress: PrSridsd, In respect 10 npv
state which shall not, at the FIRST session of m,
Legislature thereof held after the pass,.c nj ,b;.
act, ny resolution, or other usual legislative pro.
ceedins, Internationally assent or dissent n IN.
establishment of such office or offices within il Snrh
assent OF the said State shall be thereafter nre.
sunied. Ind, pr0ridtd, ntrerihslsss, That when,yr,
II snail become necessary and proper for CARVING
INV execution any OF the powers granted by tho
constitution 20 establish an office or Offices in anv
OF the States whatever, and In, est,bliSbn.n
thereof shall he directed Ly law, il shall be the 6u,v
OF 'hs said directors TO establish such office or Off
ces Accordingly"
II will be seen that by this clause the direction, or,
invested with the fullest power To establish n b,,ncS
IN any state which has yielded its assem-. and
having once established such branch. il shall moi
afterwards be Withdrawn except by order of Con.
steSs. such assent is To he implied. and In have III.
] luTCG ana sanction of nm artu,II. x.-.-- --.
provided IN respect to any STATE which shall NOT
AT The hrst session of the Legislature thereo, b,lJ
after the passage OF this act, by resolution or Other
usual legislative proceeding, unconditionnlIv ,Sscr,
y uISse'' 10 the establishment OF such office or of.
noes within II, such assent OF said States shall mo
thereafter presumed" The assent or disSent ia 10
DC expressed Internationally at the first { ssiop NJ
~ legislature, ny some formal legislative act, and,
" ""t SO expressed, ITS assent Is to De imnlied
and the directors are thereupop invested mi
power, at such time thereafter as they may plc,sc
10 establish branches, which cannot nft.ryy ,Tds hr,
Withdrawn, except by resolve of Congress. No
matter what may be tho cause which may onsr,ic
win the Legislature, which either prevents n rom
speaking, or addresses it,Cl. ~ its wisdom. IN in
uucc delay, It's assent is 10 be impliCd This ;ro,
Iue ; 10 give way TO no cIrcumstlnccs-i, IS un-
oe"u'nS ana IhheNiOie. ltis the language of tkg
master 10 the F1ssll-an uncOud iSna, n,.yer is
claimed forthwith; and delly, posiponemrnt. or
i"S 'iaclty 10 answer, produces an implied Assent
whleh Is ever after irrcrJc.Jle. Many Of the
"ln'I elections have already taken place, without
any knowledge, on the part of the pconl, tb,t
sue" a question was 20 come up. The Represen
uGV'es may desire a submission Of the question IN
1h,lf Constituents preparatory to hnal action upon
= uu' u'ls hlsh privilege Is denied; whatever may
:. '"s motives and views entertained by the Repre-
soh'AtNcs ct the people 10 induce DELAY. Their ms.
sent Is 10 be presumed, and is ever aTterSn,ds L,,d.
''E' unless Their dissent shall be uncondiri,paIIv
expressed at their first session after the r,ss,gc ~,
Shl' O"i into a law. They may 10y formal Tcso-
! AllInn IHHlATT La ..a-f.. ---
be undecided and postponed, and yct in orn,s.
non 10 their express declaration to the cnrntrv
Their assent is 10 be implied. Cases ippu,ncr.,
o.e might be cited to manifest the irrtional,tv
OF such an inference. Let one or two m ndiI.
u'n sufhce. The popular branch OF the Le,ls.
azure may express It's dissent by an unanimous
vote, anu H. resolution may be defeated nv ,
le vote OF the Senate, and yet the assent Is 10
DC implied. Both branches of the legislature
may c'ncur IN n resolution Of decided dissent
and yc; the Governor may exert the y,io noTc,,
conferred on him by the State Constitution. aud
tislr Legislative action be defeated. and 90, tb.
assent OF the legislative authority s ImDl,cF and
I { directors Of this contemplated institution aro
authorized TO esia5l'shG branch or branches in such
State whenever they may find il conducive 10 the
ilercs. OF The stockholders To 10 so; audhlying Crrc
Established u, they can under no circumstances
Withdraw II, except by actoi Congress. The Stat,
may niter"ards protest against such unjust info.
renee, bot IFS authority IS gone. It's assent is i'm.
pHcH Dy ~ failure or inability TO act NJ It's fist
session. and It's voice can never afterwards be heard.
o lh'eTences so violent, and, as they seem 20 me,
ilaUoha'' l cannot yied my consent. No cour; of
justice would or could sanction them. yiihout re-
versing all that IS established in judicial proceed.
lhs, oy Introducing presumplions at variance with
Tact, anu iniereGces at the expense OF reason. 4
state IN \ condition OF duress would be presumed 10
speak, as an IndIvIdunl, maraciCd and in prison
might De presumed to be in the enioymsnr al frsr.
dom. Far better - say to the States boldly and
ir2nkiy-Consrcss wills, and submission is demand.
ej.
1t may be said tina, the directors NAV no, es,o.
ollsh branches under such circumstances. But Mi,
Is a question OF po"er, and This bill invests them
with tuli authority to do so. 1t the Lcp,sI,r,re cr
New York, or Pennsylvania, or any other State.
should DE found TO be in such condition as | have
supposed, could there be any security furnished n
gainst such a step or the part OF the drectors1 PAY.
s Il not larrly to be presumed that this proviso was
introduced for the sole purpose Of meeting the con-
urgency referred TO? Why else should II have Lcgn
intruduccd' And | submit to the Scnn.s, whether il
can DE believed That any State would be likely 10 sit
quietly Down under such n state Of thincsj In n
great measure OF public interest their p1irio,ism
may he successfully appealed to, but to infer their
assent from circumstances at war with such lnfc-
renee, | cannot but regard rs calculated TO excite ,
leehnS at fatal cnml,y with the peace and harmony
OF the country. must, therefore, regard this
clause as asserting the power to be in Congress To
ca'loIish Offices OF discount IN a STATE, not only
, without ITS assent, bur against its dissent. and So
-'''f - q Na''iNH nHlARNFll u NflHtnFT0N nTNnH
cIpics, the rchlin Congress to prescribe terms IN
any St1'c, implies a superiority Of power and con.
troi, d6pnvCs the transaction Of all pfe,cncc 10 CONE
pact between them, and terminates as we hive
seen, IN the total abrOgntiOn Of freedom of nction
on the part Of the States. But further. the State
may express, after the most solemn form Of Iegrs.
ldi!On, its dissent, which may from time 10 time
thereafter be repeated, IN full view OF its own int.
rest, which can never be separated from the wise
and b]CnchcCnt operation Of this Governments; and
yet Congress may, by virtue OF the last proyiso.
override rs law, and upon grounds which, to such
State, will appear TO rest on a constructive nccessi.
bill as asserting for Congress the right 10 Incorp1.
rate 4 United States Bank, with power ard urht 10
establish Offices Of discount and deposife m the seyc.
raj States Of this Union with or without their con.
sent; a principle To- which | have always erCtoCnre
been opposed, and which can never obtain my sane.
lion. And waving all other considerations. grow
ing out Of IFS Other provisions, | return il to the
House in which II originated, with these my obisc-
tons to ~iisnpProval.
JOHN TYLER.
WAsHSoToN, Angus. &c, 1871.
At the close Of The reading Of the message there
wns a s. Ighl expression Of applause in the gentle.
mems gallery, by striking on the floor with canes,
which WAS instantly followed by one VI Two rather
IA Mt hIs,es
Several Senators rose simultaneously, and the
sJnoruus voice Of Nc SEWER, Of Arkansas, WIS
heard loudly demanding that the galleries be clear.
ed.
M BENTON rose NJ Tho same time, apparently
under strong excitement, ard stated that there had
been Kisses IN the gallery.
IAt this moment al marks, whether Of opprobl.
ton % the contrary, Immediately ceased, though n
UFHUu If rrmv4F..frHu ia flF WH|N.Fu VfH.HH. L