Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1831-07-21

but with such exceptions, the rule will
force itself on the practical judgment Of
the most ardent theorist He will find
it impossible to adhere to, and act
officially upon, his solitary opinions as
to the meaning of the law or constitu-
ton, in opposition to construction re-
duced to practice, during reasonable
period Of time; more especially where
no prospect existed of change of con-
struction by the public or its agents.
And if reasonable period Of time,
marked with the usual sanctions, would
not bar the individual prerogative, there
could be no limitation to ns exercise,
although the danger Of error must in
crease with the increasing oblivion of
explanatory circumstances, and with
the continual changes in the import of
words and phrases.
\ Let it then be left to the decision OF
every intelligent and candid Judge,
which, on the whole, is most to be relied
on for the true and safe construction of
constitution, that which has the uni
form sanction of successive Legislative
bodies through a period of years, and
under the varied ascendancy Of parties;
or that which depends upon the opinions
of every new Legislature, heated as il
may be by the spirit Of party, eager in
the pursuit of some favoritc object, ol
led astray by the eloquencc and address
of popular statesmen, themselves, per-
haps, under the influence of the same
misleading causes.
/ 1t was in conformity with the view
here taken, of the respect due to dclb-
crate and reiterated precedents, that the
Bank ofthe United States, though on the
original question held to be unconsiau-
tional, received the Executive signature
in the year 1917. The act originally
establishing Bank had undergone am,
pie discussions in its passage through the
several branches of the government. |,
had been carried into execution through.
out period oftwenty years with annual
} legislative recognitions; in one instance
indeed, with a positive ramification of il
into new State; and with the entire
acquicscence of all the local authorities
as well as of the nation at large; to al
of which may be added, decreasing
prospect of any change in the public
opinion adverse TO the constitu.ionality
of such an institution A veto from the
Executive under these circumstances
with an admission of the cXpediency and
almost necessity of the measure, would
have been defiance of all the obliga-
tons derived from course of precedent.
amounting to the requisite evidence ol
the national Judgment and intention.
/. 1t has been contcnded that the author
! ity of prccedcnts was in that case inval'
idatcd by the consideration that they
| proved only respect for the stipulated
duration of the Bank, with federation
of it until the law should expire, and by
:. the casting vote given in the Senate by
the Vice President in 1911, agains
!. bill for establishing a National Bank
!, the vote being expressly given on the
I. ground of unconstitutlonalty. But il
the law itself was unconstitutional the
stipulation was void, and could not be
constitutionally fulfilled or tolerated.
! And as to the negative of the Senate by
the casting vote of the presiding officer
| it is fact well understood at the time
that it resulted not from an equality o
opinions in that assembly on the power
of Congress to establish Bank, bu
from junction ofthose who admitted the
power, but disapproved the plan, with
those who denied the power. On sim
pie question of constitutionality, there
was decided majority in favor Of it.
I JAMES MADISON.
II Mr. INGERsoLL.