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


conf1agfa,on OF city under their Immediate ;nrs
I.licon IN Which they have countrymen friends nnd
kins'ncn Cutting their sutton, they rush 10 the
ana OF lhe poor, who may be ruined, and of tho rich
who may be reduced to poverty. They ret,rr ex.
hausted by fatigue, and affected by the calamity and
sutenngs which they have witnessed. In this safe
OF excitement, they plead, eoqnenly plead the cause
OF the sqierersof the widow and tho children, who
nave none to help them. In all these cases relief
has been afforded Are the acts afforing this relief
Iexpostons of the constitution, from which pener,i
prclpe is to be deduccd, in favor of The Unlimited
ligh. Oh appropriation 1t would be absurd to say
So as would DC useless to luydown in the TRANQUIL
y Oh closet meditation, rule of action for CONGRESS-
TO which they were to adhere in the midst of earth
quakes, nis'irrection and coniagraton. The man 10
o. sunk IN tne Legislator and when moral and ply
sicai' commissions of this awful character occur the
most rigorous expounder of the constitution will
sometimes transcend his powers, soothing II moi de-
uding his conscience with the hope or the belief that
upon emergencies SO appalling, humanity alone may
But even when sympathy does not mislend sthere
are other considerations, which impair the value ana
importance OF legislative precedents. Legisatorsare
poiitlc1ans who frequently take part in discussion
to effect particular object Tile expounder og fbe
constitution rs often lost in the representative rhe
wishes OF his constitute ns, founded on Their own vieu
OF ,neir own interest, generally govern his conduct
ana he easily persuades himself tobeeve at least 10
act as he believed, that Congress have l,o,ye, ~ do
thaf which y done will contribute to their benefit or
grathcaton, and of courseto his own popuIarftv and
q eff
Congress, who considers himself as the represeuts
i've OF district, or at most of the Statc aud menu,
per OF State Legislature, the interests of srlos,
constituents, are with few exceptions the interests
nI ole' az leads to very Important rcallts
but the development of them belongs not ID
inquiry 49,. .,s y s,s = ''l'
LAWYERS, nilqnestouaSiy us men of business are
among the most useful and active members of society
Dut whei tbey become politicians they se|dorn fail
to carry into the Hall of Legislation a ortion of
technca,y belonging to the bar, Thev have been &C.,
custonied to argpe from adudged cases in in.nicin
lF IRON precedcnts,s as authority The habi con-
ftnues when the t}ieatres changed They remember
That It Is part of the law Itself that nrfsceSents
should be foowed butthey forge, that this rule Is no
part OF the Constitution Tey forget that the CON
ssttion is atone to be consulted In municipal Law,
there Is no great Supreme Code by wi,ic, preceent,
themselves may be tested But IN the cnpstitrfian
wehave the code. We should adhere to Il Therefore,
through all times and circumsances and meyer 70,
M Wha. mas ueen said or done by others, except
2i me PURPOSE OF intorInng our minds; Of ena-
ming ourselves, after the most extended research
ana democratic examination, to pronounce our oxv ~
Judgment Ia every case inwhich ee are called 10
1t was the observation of great LAWYER md
'ucge' tiiat " was OF much Importance that the
Law should be settled, than that it should he settle
IN any particular way. Stare decisi is therefore one
OF the maxims Of the COURTS and they adhere To-
pTecedents But in constitutional law the matter e
real, never varying and never ending innor,anc
that 1t should be. correctly expoundsd The dffi,.
enee between the two systems is iminence Munici
on Individuals and where its principle or
ITS policy IS wrong the error is promDtlv nrreeiad b,
an act OF ordinary legislation The Constitut;on on
crates on The whole nation: and an error once
ensrafted upon it, can he corrected ONLY thro,rh
ene very difficult and lnborious process of an
amendment. We must therefore always looh - q
our Political Bible. That alone should poyer,,
our creed: 1t instead of drawing it from that
nigh, and in reference to right nny add thai
noly source we suffer ourselves to be governed By
presidential messages, the opinion of distipc,,jsbed
men, ana by preccdents, Legislative or even judicial
we shaii be as completely bewildered in darkness
us We're our forefathers for upwards of a Thousand
VARS m matters OF religion They suffered them
selves to be led and nnscd by the decretas of the
popes TIC opinions of the fathers and the decision,
OF the councils The bible was thrown out of aioht
ana Intentionally kept out of sight The protestants
~ thclr reformation of the church, discarded all fa
lumber. and drew, or protested 10 draw tbe,r d
trnes from the bible itself We should be- ali pro-
cstant republicans. ~ gs.~
Mp F'ae6ro'ra--sThe public are apprised TINT
this gentleman, a clerk in the Navy Department WA.
lately removed by the Hero, and that n,mediatelv t
telegraph for the purpose of justjfyng the procee
aing' charged him with permitting his name to be !
used for drawing $4,000 improperly out of the TYea.
snry, Mr. Fillebrown immediately instituted s,,t
against the Editor for libel.
This $4,000 is the sum paid Mr.. Newton e., NJ
site OF the Navy Hospital at Norfolk, the c,cur,.
stances attending which transaction, we explained an
lucsday. The Law had passed Congress-, but had
not been signed by the President, and as Mr.. Nev
ton wished to leave Washington on the day, and as
The signature OF the President was matter ofeou,ss
tne proper officer Tor the accommodation Of Mr.
wtonand knowing that the specific appropriation
Tor his payment would be ready the next day to re-
place the money thus paid him; agreed to paw hin
oeiofe Inc Preside mt had affixed his signature. This
is-the ground OF tho statement involving Mr.. File
browns character and honesty We solernnly'
oeleve' that SO audacious system of defamation is
unprecedented in any age or country. No mao can
escopeit. ~