A Compilation of the Messages and Papers of the Presidents - Volume 4, part 2: John Tyler by Unknown
page 63 of 684 (09%)
page 63 of 684 (09%)
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the States whatever, and the establishment thereof shall be directed by
law, it shall be the duty of the said directors to establish such office or offices accordingly. It will be seen that by this clause the directors are invested with the fullest power to establish a branch in any State which has yielded its assent; and having once established such branch, it shall not afterwards be withdrawn except by order of Congress. Such assent is to be _implied_ and to have the force and sanction of an actually expressed assent, "provided, in respect to any State which shall not, at _the first session_ of the legislature thereof held after the passage of this act, by _resolution_ or _other usual legislative proceeding, unconditionally_ assent or dissent to the establishment of such office or offices within it, such assent of said State shall be thereafter presumed." The assent or dissent is to be expressed _unconditionally at the first session of the legislature, by some formal legislative act;_ and if not so expressed its assent is to be _implied_, and the directors are thereupon invested with power, at such time thereafter as they may please, to establish branches, which can not afterwards be withdrawn except by resolve of Congress. No matter what may be the cause which may operate with the legislature, which either prevents it from speaking or addresses itself to its wisdom, to induce delay, its assent is to be implied. This iron rule is to give way to no circumstances; it is unbending and inflexible. It is the language of the master to the vassal; an unconditional answer is claimed forthwith, and delay, postponement, or incapacity to answer produces an implied assent which is ever after irrevocable. Many of the State elections have already taken place without any knowledge on the part of the people that such a question was to come up. The representatives may desire a submission of the question to their constituents preparatory to final action upon it, |
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