The Middlebury people's press. [volume] (Middlebury, Vt.) 1841-1843, 1841-08-24

declaration 10 the country, their assent is 70 be
implied. Gases innumerable might he cited 10
manifest The na;ionalty Of such an inference.
Let one or two in addition, suffi:c--the popular
branch of the Legislature may express the dis
sent By an u aniinouS vote, and It's Restitution
msy be dpfra ed by the voie of the Senate and
vet the assent is TO b. implied. Both branches
of /: e Legislature NAV concur IN a resolution OF
decided dissent, and yet the Governor may ex-
trt the veto powea conferred on him By the State
consIi utIon, and hair legislative acii n be de-
feated and vet the assent of the Legislative au-
IhoriIy is implied. and the Directors Of ttlS con-
tempt ned institution are au ho'ised TO establish
a branch or branches N such STATE, whenever
they NAV find il conclusive IN the interest of the
sto kholncIs 10 do ST. nd having once estab-
lisled il, tkey can, under no circumstances, with
draw II except by al act al Congress.
The Stale may alte, wards protest against any
such unjust inlerferehcc-but It's authority is
gone. Its assem- is implied by lis failure or in
ability To act at its first Session, and its Voice
can never afterwards be heard. TO inference so
violent, and as they serm to int, irrational, | ran-
not We'd nv consent. No court of Justice would
or could sanction them. without reveTs ng al
thai is established in judicial proceeding, by in
troducIn5 p~resumptoIS AT variance 10 the iact,
and inierences at the expense OF reason. A
sta e ia a condition oGaddrrss would b. presumed
to speak, as an individual manaclcd and impIis-
nned might be presumed to be in the enjoyment
Of freedom. Far better 10 say 10 The sta es bold
" and frankly-Congrsss wills, and submission
is demanded.
1t NAV be said that the directors may not
establish branches under such circumstances;
but this is a question of power, and this in
vests them with full power to do so. If the
legislature of New York or Pennsylvania, or
any other state, should be found in such con-
dition as | have supposed, could there be any
security furnished against such :. step on the
part of the directors! Nay, is it not fairly to
be presumed that this proviso was introduced
for the sole purpose of meeting the contingent
cy referred to- Why else should it have been
introduced!
And | would submit to the senate, whether
it can be believed, that any state would be
likely to sit quietly Town under such a state
of thingsl In a great measure of public in
} tereSt their patriotism may be successfully ap-
pealed to, but to infer their assent from cir
cumstances at wal with such inference, | cam
not 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 asserting the power TO be in Con-
grcss &c establish Offices of discount in a state,
not only without its assent, but against its dis
sent; and so regarding it | canno sanction it.
On general principles, the right IN congress
to prescribe terms TO any State, implies a SUI
periority of power and control, d~eprives the
transaction of all pretence TO compact between
them, and terminates, US We have seen, in the
total abrogation of freedom of action on the
part of the States But fourth; the State may
express, after 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 benoficent operation of this gov
eminent; and ct congress may, by virtue of
the last proviso, override its law, and upon
grounds which, 10 such state, will appear to
rest on a constructive necessity and nothing
more.
| regard the bill as asserting for congress the
right to incorporate a U. S. Bank, with power
and right TO establish Offices of discount and
deposite in the several States Of this Union,
with or without their consent, n principle to
which | have already heretofore been opposed
and which can never obtain my sanction.-
And waving all other provisions,1 return it to
the House in which / it originated, with these
my objections tc its approval.
JOHN TYLER.
Washington, Aug. l6, 1s4l.