Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1829-06-12


engaged for years in his Practices withoutt The least
fuspIcon Jet has no man had the hardihood to inn
picate the Banks, the Executive, or the Auditor in
his guilt, because some or all of these might per-.
chance, have made an earlier discovery.
The Rule of Interpretations following re-
marks are extracted fonl.an able unpublished Ms.
on the Subject of appropriation, but which will pro
bably be published in the course of the summer. rhe
argument in favor of rejecting "contenporaneous c-
position, $50 much relied upon by those who can adj
vance nothing better and legislative precedent, in
constituting the constitution, appears to our minds, but
litfle If at all, shcrt of being unanswerabIe. The
views oftbe writer are original, at least to us, and
will be found interesting by those who are fond Of in.
vcstgating questions of constitutional law.
But although the idea of claiming general powers
OF legislation, under the preamble, or under This
clause, or under both, has been abandoned and re
peatedly dscaiined distinct proposition is ofirmsd
III relation exclusively, to the power OF appropriu-
ton, which is III part the subject ofte clause in oeS
TON 1t has been said and truly said that the now
or 10 raise money is not limited by the constitution:
and has been thence enormously inferred that the
power OF appropriation Nto pay the debts antproyide
Tor tho common defence and general welfare is
power TO appropriate money to any object the attain
meht OF winch Is conducive III the estimation of Con-
gress, TO tile comnon defence or general welfare
Inns proposition, under its various phases it is nv
purpose to eXotnlne In the process of this eyami-
nation, shall relieve myself from great labor and
the subject from infinite perplexity by ussu,ing as
an ndisputable truth, that the oath to supDort the
constitution, Is always obligatory, and makes il the
duty of every to support it. accordnp to his own
understanding and not according TO the understanding
OF another or others, or of many others IF this he
true 1t Is an inevitable coroary, that constitutional
questions as they have becn are now and forever will
be- open to discussion. Whether particular discus
sion shall be commenced or not, must be lett to the
discretion of each ilrividual; but in acting in yo,inr
there Is but one path to be pursued.
S shall not therefore trouble myseif to notice anv
argument founded what is called donternporaueo,ls
exposition il does not belong to constitutional IN
qures at least not to inquiries CONCERNING our writ
ten constitution. in municipal law the first exposi
ton OF statute long acquesced in, and constituting
perhaps the only security for the title by which ,ucR
property IS held s.susaned although it be not 1.-The
true exposition. 1t is sustained not because il ;s n
confemporaneous exposition, but because it has be-
come rule OF action of property, which il would
be public Injury ~ set aside. This idea Is fn,Iv
supported and illustrated by the S. Court, in s
Cranch, 81. -
But IN relation to the constitution O: tho o. States
every clause has been the subject of controversy and
on every point there have been two or pore conteu
poraneous and conflicting exposious. Thepape of
the Federalist filled with series of antagonispn
constructions To select construction, because
1t is contemporaueous, and to reject another equally
contemporaneous, is absurd. The seleetion must he
made on some other ground.
Further, contcmporaDeols decisions on r,lnicipal
statutes are carefully and deliberately made BY crave
and experienced men, generally under no influence
but that arising from sense of duty. ContenDora-
necus exposltions of constitutional law proceeded
from politicians. who all more or less under the
influence Of theories views, unfavorable to cor
rect decision single remark in illustration will be
nstn rnI I'm. 49,.
dcd mischief to the Union from the encroachn,ents
OF the general government. Another set equally ho
nest and intelligent anticipated disunion from the re-
iractory conduct of the states The latter therefore
iaVor that exposition, which tends to. augment the
power and jurisdiction of the general government II
Is apparent, that the former who discern or think
that they discern this centrpeta tendency in oIy svs
tenn, cannot always agree with those who are of OPT
mon, that the calamity of dsunon if produced INST
arise from tendency directly opposite.
There Is another reason against this adherence 70
jcontemporaneouse exposition. The constitution is bet
Ter understood now, than it at tbe period of ts
ADOPTION. Wehave been examining it for forty wears
ana IN that Tune, have seenn well az in peace
no" the machinery works. The mararers of ste,p,
boats, now, understand them better than even Fulton
their protector. "Trne only' SAYS the FederaIist
w. 243l can mature and perfect so compound svs
tem' !iqudate the meaning of all itsparts and adj
Just then 10 each other III harmonious and conss-
''tcnt WHOLE
And here may not be useless to that tbn,a
nave been many instances of contemporaneous eypo
s'tion, ana on very important points, which are now
admitted to be erroneous
~ is now believe conceded, notwithstanding the o.
plnlon OF the Federalis, and that of some dst
Gu contemporaries that portion oftbe indciaf pow
er OF the " States can be vested in the State trib
nas; although State magistrates may act nisteallv
IN arresting and committing offenders against the
Jaws OF the U. States and the s. Court has itself
decided that so much of the Judiciary act of Septr
1879 (passed during the first session Of Conrress ms
gives to that Court, original jurisdiction in certpin
cases,i void Cranch 1873.
Another remarkable instance occurred in the same
act Oh 1889. The Judges Of the s. Court were by
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
when was brought udically before them in 1903
Ehsy decided on the ground of conf empo raneous ex.
position and acquiescence. The real question is
avoided whether properly or not It is not NECESSARY
mere 10 say. But If Court sissnald atoi