Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1831-07-21

nstusei opinions NJ the majority Of bis col
! leagues aud subsequently ~ conform bi,nseif
thereto, ~ TO saiho itslise expeditions Of the
law Aud - II not rsasonable that the 50 me
view OF the ofi,iai oath should be taken by q
legislator, acting under tho Constitution.
which ~ hts guide. as Is taken by Judge, at
Tug Under the law, whieh Is his
There Is 10 tact aud IN common understand.
ING, Necessity oftegafdmg course of prsd-
ire. ss above characterized. in the light ofa
/ legal rule OF interpreting law aud ,here is a
like necessity of eonsidfr'og IT constitutional
rule OF interpreting contribution.
That there may DO extraordinary aud psca-
liar eifcum.lances controlling the rule in both
cases, may ba ADMITTED : but with such excep-
iion1. the rule will ioree aself on the practical
Judgment OF the most ardent iheoIisi lie
viii lind u impossible 10 adhere 10, aud act of
hcially upon, his solitary opinions ss 10 the
moaning oi the law or constitution, in opp0-
shion TO construction reduced TO practice.
during n reasonable pelod o time more es-
pecially where no prospect existed of a
change OF construction by the public or ifs
agents. Aud II q reasonable period oil iLne,
marked with the usuai sanctions, would NOT
bar the individual prcrogal,se. there could be
no Limitation 20 its eisrcrc, although tbs dan
ger OF error must increase with The increasing
oblivion OF explanatory circumstances, and
words aud phrases.
Lot II then be left 10 the danision Of every
Intelligent aud candid Judge, which, on the
whole, 10 most 20 be relied on Tor The true aud
saie eonsrnelion OF y constitution, that WHICH
has thu UNIFORM sanction OF successive legs
ia',ve bodies through period Of years, and
under The varied asoenhaoey OF parties or
hat which de ponds upon the opinions OF cy.
cry new legislature, heated rs II may be By
the spirit Of party, eager in the pursuit. of
some iaVoriie object. OF led asiray by the elo-
quenoe aud address Oh popular Statesmen,
themselves, perhaps, under tho inn fence OF
the same misleading eanses.
IL wns IN conformity with the view hero Ia
ken, of the respect due TO deliberate and ret.
Grated preoedene. that the Bank OF tho Unned
States, though on the original question held to
be unconstitutional, received the Executive zig
nature IN the year 1917. The act originally es-
iablishing Bank had undergone ample DISCUS
sions IA rs passage through the several bran
chrs oi the government.
II Ind been carried into execution through
out prod ot twenty years with annual lrgis-
lniive rccosniilonsi la one instance indeed,
with positive ra,n,bcnt,on OF II mo n new =
state aud with the entire eeqniescence OF aiI
he local authorities, ms we'll as OF the nation
a, large 10 all of which may be added, a
doc,easing prospeetoi a"y change in the pub
lie opinioa adverse TO ths cons tiutionslity Of
such an institution. A veto from the rxecuiiye
under hose circumstances, with al admis sion
Of the ex,'edioncy aud almo ceaity ol the
measure, would have beeo "A defiance oil oil
tho obligations derived from n course ii
pieceflenle amounting 10 the requisite evidence
Of the natosaI jndgmen, and intention.
IL has bern contrnded that the authority OF
preeedents was IN that case invalidated by the
Consideration. that they proved only ~ respect
Tor tho stipulated duration OF the Bank, with "A
federation Of II until tlfe law should expire,
and by the casting vote given IN the Seoato by
the Wee President IN the year 1871, against "a
bill Tor establishing National Back, tue vote
being expressly giyon ON tue groond u uneop-
But II the law iiself was uncon-
ibe stipulation WIS void, aud could
not bo constttutIDnaiiy fuIbtled ur tolerated.
And as 10 the negative OF the Senate 10y the
casting vote ol tho presiding Officer, II Is fact
well understood at the time, that II resulted not
from an equality OF opinions III that sssembly
on the power OF Congress 10 eNaDish a Bank,
but from junction Oi those who admitted Tho
power, but diaapproved the plan, with those
Who denied The power Cd siDple question
OF constifutonalhy, there was u decided ma OF
ity in favor of II.
Mrs. Madison joins me in hoping that you
Will not fail TO make the intended wait to Vr-
ginia. which promises US the pleasure Of vel
iomlug you to oar doncii aad IA n sneeie re-
lurn oi all the cool wishes yoa kindly express
Tor Us. JAMES MADISON.
Mn. INcERaoLL,