Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1829-06-12

gate. The late unhappy Treasurer of Virginia, was
engaged for years in his practices without the least
suspicious yet has no man had the hardihood TO i'm
picatc'thc Banks, the Executive, or the Auditor in
his Yilts~because some or oil of these might per-
chance, have made an earlier discovery.
NE hutc Of Interpretation. following re-
marks are extracted from an able unpublished Ms.
ON the subject of appropriation but which will pro-
badly be published in the course of the summer. The
argument in favor OF rejecting poranco,,s ex
position (so much relied upon by those who can ad-
vance nothing be,ter and legislative precedent, in
constituting the constitution appears to our minds but
iiuie' II ut all, short of being unanswerablc. The
views ofthe writer original, least to us, and
VIII be found interesting by those who are fond OF in
yeS'lgatmg Questions of constitutional law.
But although the idea oil CLAIMING rcneral nowers
OF legislation, under the preamble, or under This
clause, or under both, has been abandoned and re-
peateOy disclahned, distinct proposition is affirmed
III relation, exclusively 10 the power of appropria-
ton which is i'll part tho subject of the clause in queS
ton II has been said, and truly said, that the bow
cE 10 raise money Is not limited by the constitutions
ana IL has been thence enormously inferred that the
power OF appropriation ITO pay the debts and provide
Tor the common defence and general welfare" is. a
power TO appropriate money TO any object the attain
mcnt OF winch Is conducive in the estimation of Con-
gress, 10 the common defence or genera, welfare.
Inns proposition under Its various phases is my
purpose to examine In the process OF this exami-
nation, l shall relieve myself from great labor. and
the subject from Infinite perplcNty, by assulnnr rs
an mdisputable truth, that the oath to smppert the
constitutions is always obligatory, and makes it the
duty OF every man TO support it. ACCORDING To his own
understanding, and not according To the understanding
OF another, or others, Of many others II this be-
true, 1t Is inevitable corroary that constitutional
questions as they have been now aud forever will
be, open To discussion. Whether n parlicular Gsrus
SION snah De commenced or not must be left to the
discretion OF each individual; but in acting i'm yolin
there IS but one path TO be pursued
1 shall not therefore trouble rnyscf TO notice INV
argument founded on what is called contcmporaucois
exposition II docs not belong to constitutional in
qurIcs; at least not To inquiries CONCERNING our writ
ten constitution. III municipal law, the first eypoS
ton al statute, long acquesced in and constitutnr
perhaps the only security for tho title by which much
property IS held. is sustained although il be not tho
true exposition It's sustained, not because it is a
contcmporancous exposition, but because it has be.
come rule OF action of property which il would
be public injury to set aside. This idea is fully
supported and illustrated by the Is. Court, in S
Cranch g..
But in relation 20 the constitution OF the u States
every clause has been the subject of controversy
on every point, there have been two or more contcn
poraneous and conflicting expoSitios. The pares of
the Federast filled with srrlcs of nnta oon.iny
constructions. To select one constructions because
1t is contemporaueous and tn reject another eounilv
contcmperaneous, is absurd. The selection must be
made on some other ground.
Further, contcmporaneous decisions on municipal
siotutcsare carefully ard deliberately made by crave
and experienced men, generally under no Influence
but that arising from sense OF duty Contemno-a
necus cXpOstions of constitutional law proceeded
from politicians who were all more less under the
influence OF theories views, uniavorable TO cor
rect decision. single remark in illustration win be
offered. One set Of nen, entirely honest apprehen
ded mischief to the Union, from the cncroncbments
or the general government. Another sot equally no.
nest and intelligent anticipated disunion from the
iractory conduct of the states The latter therefore
favor that exposition, which tends to aurn,ent tho
power and jurisdiction of the general government II
Is apparent that tho former who discern. or think
that they discern this centr petal tendency in our
lem, cannot always agree with those who are of oni
nion that the calamity OF dsunon, if produced must
arise from tendency directly opposite.
There is another reason against this adherence IN
contemporancois exposition The constitution is bet
ter understood than it was Mt the period of ts
adoption we have been examining it for forty wears
and III that time, have in war as well as in neoce
how the machinery works. The manapers of steam
honis now, understand them better tban even F,,on
their protector. thine only" saws the Federast
u. 24J) can mature and perfect so compo6nd svs
item, iquidate the meaning of all It's parts and adj
lust them to each other in harmonois and con.is
"'tcnt whole"
And here it may not be useless to remark that there
nave DeeD many instances OF contcmpOrancous expo
sition and very important points, which arc no,,
admitted TO be erroneous.
Ut is now believe conceded, notwithstanding tho o.
pnion OF the Federais and that of some distinguish
ed contemporaries that no portion ofthc judicial pow.
er OF the u States can be vested i'll the State trbu-
nails; although State magistrates may act ministeriav
in arrcsting and committing offenders nrainst tho
laws OF the u. Sta,cs and tho S. Court has itself
decided That's SO much Of the judiciary act of Septr
1899 passed during the first session of Conrrcss) MS
gives to that Court original jurisdiction in certain
cases, isyoid. Cranch, 1913.
Another remarkable instance occurred in the snrno
act Of l78o. The Judges of the s. Court were bv
that act directed to perform the duties of Judges of
the Circuit Courts do not mean to discuss this
question. The judges would not themselves discuss
i when it was brought Judciay before them in 1908
They decided on the ground of contemporaneous ex.
position and acquiesccnce. The real question is
avoided, whether properly not it is not necessary
nero TO say: Butt new Court 5honld b. created,
and the Judges of the $. Court were directed bv
law TO perform It's duties, VIC should then soc tho