Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1831-07-21
ID o lIG 5IIG.


From The Phtadtib hia SeatineL, JUN 10.
The snbjolned letter from Mr. Madison 10
c. J. inSersoIl. Esq. has been scnt 10 US by
the latter Tor publication
MoHrPELtEH, June %, 1891.
Dear Sir have received your lrieadIy
letter oil the ID lust. Inc few linss which
answered your former one of the 2It of
January l'si, were written IN haste aud Ia bad
health : but they expressed, though without
the Affection IN some respects due 10 .he oc.
casion, dissent from ihe views oil the PIE.
sident, as 10 u Bank OF the Uniied States aud n
substitute Tor II 10 which cannot but adhere
The objections to the latter have appeared to
me to piepOnderate greatly over the adyanta-
ges expected from IT, aud the eonsttntiunnlny
oil the former | still regard ~ sustained by
the considerations 10 which yielded IN giving
my assent 10 the existing Bank.
The charge OF Inconsistency between my
objection 10 the consliiulicnality of such a
bank in 1871, and my assent IN 1917, iarns
on the question. how tar legislative piecrdenis
eIpounding the consiiluilon, ought TO guide
succeeding legislatures, and to override ,ndi-
yidual opluIons.
Ssme oDsonriiy has been thrown over the
question:, Wy conlon0d'ng n with the respect
duo from one legislature 10 laws passed by
preceding legislatures. Bni the two cnses are
essentially dlffrTeai A constitution being de-
rived from superior authority, Is 10 he e1.
pounded aud obeyed, not controlled or varied
by the subordinate authority Of a legislature.
law on tho 9th hand, resting on no high
er authority than that possessed Ivy every sue.
gessiye Legislature, its expedlency az we'll ns
ia meaning 10 WITHIN tho scope 0itbe Latter.
Tue case In question has It's true analogy in
the oblg alton nrising from judIc,ol expos,llons
of,be law on succeeding Judges; the consis.
tuition being a law 10 the leglslaiur, as the law
IL rule Of decision 10 the Judge.
And why are Judicial precedens, when
formed on due discussion aud. considef alton
aud deliberately sanctioned by reviews and
repeti,ions, regarded as Of binding influence, or
rather OF hu hOrltatIye f1icr, IN settling the
meaning OF law Il must b. answered. LIST.
because Il 10 n reasonable aud established AZ.
iom, that the good Of society requires that the
rules Of conduct OF Its members should he
GER ala and known, which would not be the
case il any judge, disregardng the decisions
of his predecessors, should vary The rule OF law
according 10 his individual Interpretation OF it,
MseTa est servitus ubl jusest aut vsguln aut IN
| cognitum. 81. because an exposition oil the
| law publicly made, aud repeatedly confirmed
| by the constituted authority. carries with il,
| by fair inference, the sanction OF those who,
having made the la" through their legislative
| organ. appear under such circumstances 10
hive determined its u, anIng through their
Judiciary organ.
| Can 1t be of less consequence that the mean
| ing OF a constitution should be fixed and known
than that the meaning Of law should be 80 Z
| Can indeed a law be fixed in its meaning and
| operation, unless the coma tuition be so ! On
tn. contrary, ia particular legislature, differ.
| ing ia the construciiOn OF Tho conslitu ton,
| from a series OF preceding constructions, pro-
| coed TO act OH that difference, they not ool,
introduce uncertainty and instantly IN the COZ
stitution, but in tho laws themselves inas-
much as all laws preceding tha new constr1e'
lion add inconsistent with II, are hOt only
annulled for the future, but virtually pro-
nounced nnllnes from the beginning.
But il is said hat tho legislator having
| sworn TO support the Constitution, must sup
mort i, in his own construction Of II, however
different from that pat on il by his predeces
sors. or whatever he the consequence OF th'
/ construction. And is not the Judge under the
same oath TO support the law yet mas eve
bsen supposed that he was reqnhed, or a
liberty TO disregard all precedents, howsve
solemnly repeated and regularly observed
and by giving effect 10 his own abstract al
/ ,ndiyidnat oplnions, 10 disturb the estabshe
course OF practice IN the business Of the con
, ,nunity Has the wisest aud most conscier
itlous Judge every scrupled 10 acqussce IN De
& cisions in which ne has bsen oyenYlsd by II