Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-07-22
president MADISON

PRESlDEN MADISON.
The sui iosd eier frou, Mr.. Nj ,dis, n to C. Ia
ger' H. Esq has besn sent TO u by the latter for pub
hca,ion. philadelphia SentiseL
MONTPELIER, jane Is, 1881
DEAR SIR Il have received your fsierdiy lie ter o.
The Is nsi The few lines which answered your t,r
mer one OF the 2lst OF January ias', written In
b ste end in lad hssh: but they expressed. though
without me al en ion n respects due 10 the occa
sion dissent from the views If the Pred, n, az to
Bunk OF tho United Satss and a pubs,iiuie Tor Il; 10
which cannot bu sdbrr' The OH SETON. TO the lat.
ter have appeared TO me 10 pfepondstate greatly owe
The advantages expected nom il, and hs siiu lien
ally Ct the form sl regard as sustained BY IN.
eousie ra'ion. which yielded 10 giving my
the existing Bank.
The charge of ineonsiseney between inv ohie cop
TO the cons,itn'ouaiy of such bank 1891. end my
assent in ISI7 turns the question how far lesis.
Iative precedentr, expanding the rou,ution ou ah
10 goid succeeding legislatures and 10 overruis ill.,
dvi iual opinions.
Sons obscuri has been IA yn over the Is s,ion
by con'ounding 1t with The respect due from one legie-
la'ure to laws passed by pr, ding l. gjsatures Blu,
tbs two cases are esseDeliy fIsFeni cous tuition
being derived from superior authory 10 to bs ex-
pounded and obeyed, not controlled " varied by the
subordinate authority of legislature. law on the
oiber band, resting on no higher hori,y than that
possessed by every successive legislature its exps.
diency as well az It's meaning within the scope OF the
latter.
The sasc in question has its true analogy in the OBJ
legation arising from judicial expostops OF the law Cd
succeeding Judges; the constitution being law 10 the
legislator the law rule OF dseisinu TO the Judge
And why are judicial precedsnis, when formed on
due discussion and consideration, and deliberately sane
toned by reviews and repeiopp, reg arjed OF bind
ing influence, rather OF authoritative in settling
the meaning OF Law? IL must be answered, Is, be-
cause its reasonable and established AXIOM, that the
good OF society requires that the rules OF duet of It's
Members Should be certsin and known, which woulo
net be he case II any judge, de gard ug the decisions
Of his prett should vary the rule of law aacor
ding 10 his individual Interpretation OF il. Msera est
rerVius ubi jus est sut vagum aut incog nium. 2nd
because exposition OF the law publicly made and Re
Peaediy confirmed by the constituted authority carries
with IT, by slr iurrence, the eGnc'isn Of those " no
having Gade the law through their legislative organ
appear under such circumstances TO have determine
is meaning through their judiciary organ.
Can it be o. tess consequence tina, the meaning Of
constitution should be fixed and Known than tha the
meaning oil law should be 80? Can indeed a law be
bSed IN its meaning ard operaiiou unless the con,,u-
ton be SO! On The contrary, IL particular legislature
Offering In the construction Of the constitution from
series oil preceding CONSTRUCTIONS on that
dherence hey not only int oduce es,aip.y and p-
stability n the constitution but ia the laws them
inasmush as all laws preceding the nsw construction
end Inconsistent with u, only aDnued for the
iu'ure bu, virtually pronounced nuiios from .he be.
sioing
Bd said that hs legislator having sworn TO sup
port The Constitution must support II in his own con-
s'rucion OF il, however dffren from that pu, on il by
bis predecessors or whatever be the co.'s auenees o.
the construction Ant 10 not the Judge under The
oath to support the law! We, has il ever been
that he was required, at liberty TO dsre gard ali
Gedents however solemnly repeated aud regularly OBJ
served; and by giving e-ct to bis own abstract and IN
dviduai opinions to disturb the esisbbed course Of
Prac lie ia the business Of the community f? Has the
~'ses and most conscientious Judge serupled to
aquesce in decisioDs in which he has been ov errued
by The mstnred opinions oil The joriy his colleagues
and subsequently 10 conform himself thereto, as to au
'boitAiive LexPo=ioDs Of the law? Ard is il no, rel
foDabe to suppOse toa the came view of the eff.
eial oath should be taken by a Legislature, sciing
under ihe Constitution, which is hi, guide, as is "a
k"n 10y judge, ac ing under the law, which is hi!
There s in ia 4, aud IN common understandinS pe-
eeSslty OF regarding course OF practice, az abov,
hrdctertzei in ,hs light OF legal rule OF Interpret
ing law; and there is like necessity Of cOniider-
ING II constitutional rule OF interpreting a consiu-
tiOn.
That there may be extraordinary and peculiar cir.
eumS'ances Controlling the rule in both eases NAV be
admitted; but with such exceptions the rule will fore,
itself the practical judgment OF the most rdent the
oii1 lie Will fiad IL impossible adhere TO- and aci
tfncai'y upon his sol tary opinions The me
OF he law or cons ilu,on, in opposition 10 eonsrus
ton reduced 10 Praece during reasonable period OF
time; more especially where no prospect existed of
change OF construction by the public or ito agents
And II reasonable period OF time marked with The
usual sanctions would bar the individual preroya
live. there could b. Limitation TO It's EXERCISE al.
though The danger OF Error must increase with the in.
c'easiDg oblivion Of explanatory ciTcunsiance,, and
with ihs continual changes ia the import OF words and
phrases.
Let il hsn be LEFT 10 the decision of every in,eli
gent ADD candid Judge which the whole is mosi TO
be relied on for the rue aud sale construction OF con-
siuiioD, that which has the uniform tancon of suces
give lsgisauvs bodsshrough period nd undo
The vafed ascendaoey OF parties; that which depends
upon tbs opinions OF every Legislatures heated a.
II be by the spirit Of party, eager 10 the pursuit. OF
some Svtre object or led asiray by he eloqnence and
address OF popular statesmen, themslge perhaps I'M
der the influence of The same misleading causes.
IL was in conformity wi b the view here lakep, Of
he respect due 10 deliberate and reiterated preced me-
that the Bank OF the United States though on the ORR
enai question held to be unconstuiions received ,he
Executive signature 10 the year 1917. The act origin.
ely es'abhng Bank had undergone ample discussions
In ~ passage through the several branches OF the 90
vefameD' IL ha9been carried into execution through
cut period Of twenty years with annual legislatjye
rscoaniiioDs; ia ore lost indeed, with posi,ivg
Tamii ration OF IL into Slate; and wi the entire
ssquiesceuse Of all the local authorities as well a.
the nation al large: to all Of which may bs added
desreasog prospect OF any change in the public opinion
adverse 10 tbs eonsliutonay OF such an institution
veto from the Executive under these circumstances,
with an admission of the exyedisncy and slmosl ne .
eessiiy OF The measure, would have been 6ance OF
all the obligations derived from a OF precedent
smounng to tbs requisite evidence OF the national
judgment and intention.
IL has b. coniendsd that the authority Ct preee-
denti WIS Ia ha' case nvada,sd by the
thai thcy proved OILY rsipect Tor The sipui usd du
rsiiou 81 t1e NJ, with federation tf il until he lsw
thouIi oitt, snd by he csiug given in the S..
Bais ~ the Vice-Plesdsni 80 the year 1911 sS.nst
bill Tor ssiabshiBg National BAok, the vote beips
txPfessiy given on the ground Of unsonsiiluiion.
sis y But II the law itself Unconstitutional the eli.
puisiiOn was void, and could not be consuopally tu
filled or tolerated Aud TO the negative Of ihs Sc.
Date by the casting vote Of the presiding officer, IL
fact well understood al the Tine that resulted not
from "a equality Of opinions 10 that assembly on the