Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-09-10

requires The concurrence OF ir0 Houses to enact law
by which alone right can be conferred, we cannot
suppose Congress to BE- guilty of the presumption of
declaring that the act of of the two Houses shall
have he force of law, and confer rights accordingly
This degree of arrogance will not attribute even To
The authors Of the Bank Bill
Now, according to that bill, if House adopts n
resolution protesting against the introduction of
branch, and the other ecs It, or divided, and
does adopt =; this division is 10 have the effect oil
opening wide the door to the Bank. But HOW does
this 10 pass Either the Bank would have the
right To establish the branch independently of the
thorIty of the State, it would not. f not, then
can only acquire 1t by exercise of the authority OF
the State, in the form prescribed by the State Cons
lution II this can be dispensed with; and If right
IS TO be exercised in State under an act of Congress-
and without the sanction of the law of the State then
the right conferred by the act of Congress- and the
authority of the State is held for nought Mr. Claws
bill naniiestly considers the branching power of the
Bank, not as mere faeahy conferred Ivy the charter
awaiting the authority of lao Of the State TO gre the
righ 10 exercise that Jaruity within her limits but as
right complete and perfect by Of Tie of Con-
Sress, the exercise of which is by The authority
suspended on certain conditions.
Examples may be found, in State legislation Of re-
guations which II is left TO such counties approve
mem to adopt Such provision is often found conve-
heht IN poor laws, road laws and laws for the esta-
olishment OF free schools. But more perfect ana.
ioSy would be found in the of State Bank Law
ing power TO establish branches in certain places and
IN any others TO which they might he invited BY mer
chants trading on given amount of capital
These analogies show the true nature of this proy
SION but they do not illustrate the mschievous conse
quences oil this precedent But what If Congress should
declare, that, from and after the next session of the
Legislature OF any State, the right of primogenilure
shai be JorhnM and rrerocaJiy established in such
State, unless the State shall dissent the manner pre-
scrioed ny Tins bull resolution Of dissent passes both
ii"nses, but is rejected by astocratic Governor
u merely the right Of Prlmogenure is in fact esla-
psnea Deg to know whether II is established BY law
OF tht state or by law of Congress These cases differ
widely IN many particulars but, the point under con-
sheraton, they are precisely alike.
This Bank bill, therefore, Just as much atfrms the
right OF the Bank undcr The authority Of Congress
dtone-o establish branch in any State without the
consent OF the State, If this famous clause Of COM
promise iad not been introduced 1t provides for the
exercise oil The right under restriction urauitously
imposed by the authority Of Congress and which NAV
be relaxed at the pleasure Of Congress Ii amounts
10 nothing more than an Injunction on its creature the.
Bank, 10 forbear the Of its right TO establish
branches, at pleasure, favor Of any State which NAV
De so violently opposed to the measure as 10 protest
against u at the next session Of the Legislature Ii
aversion 10 the scheme be less bitter it is TO be dis
regarded. But the State treated as having any
right IN the matter and this clause IS therefore to he
considered but as limitation to the powers Of the
Bank which Congress may remove at pleasure
! But We shall be told, Sir, that this compromise was
quite satisfactory to Messrs Barrow and Merrck and
It will be asked why not equally so TO YOU do not
pretend TO know the which Influenced those
gentlemen. claim no right to keep their conscien.
ces, and deny their jurisdiction yours But
owe II to them TO suppose, that they believe Congress
have the constitutional power establish branches at
pleasure, in any State bu, deem il unkind ungracous
or generally 'mpotAtc, 10 establish them in contempt OF
that sort OF aversion which wond be indicated by
protest coming back at the echo TO the law
1t may be SEEM that if such their of the mat,
ter, this famous compromise exactly adapted 10
their case For The reason, affords solvo to the
conscience of one who utterly and absolutely denies the
competency OF Congress TO charter Bank with power
TO establish branches in any State without the assent
IF such State. Holding that opinion, it impossible
Tor you TO give your sanction TO Mr. Clay 5 bill, with
out committing wifu and deliberate perjury.
For myself. Sir, repeat that, had you held the OF.
posIie opinion; had il not been notorious that in
your judgment Bank Of the u. S. is decidedly IN
constitutional, | am too sensible of the difficulties OF
your situation, 10 have harrasscd you with these let,
tiers. would have yielded to the necessities of the
time, respecting your rights of conscience; and ac
qulescng, We Of the South have learned 10 acqu.
Psce IN violations Of The Constitution repeated until
they have become habit, and claim themselves the
authority of precedens. For the like reason, have
claimed The right TO encourage you to the performance
Of what knew yon felt to BE- yonr duty and now,
that you have done it, 10 defend and sustain yon in il.
STATE RIGHTS MAN