Virginia free press & farmers' repository. [volume] (Charlestown, Va. [W. Va.]) 1827-1832, 1831-07-28


J. I>GERsoLL, Esq. has been sent To Us BY the
latter for publication. Phil. Sent.
MoNTrELIER, JUNE 25, 1851.
DEAR SIn-I have received your
friendly letter Of the 18th inst. The
few lines which answered your note Of
the 2lst Of January last, were written
in haste aud in bad health but they
expressed, though without the attention
In some respects due to the occasion,
a dissent from the views Of the Presi-
dent, as to Bank of the United States
and a substitute for it; to which can
not but adhere. The objections TO the
latter have appeared to me to prepon
derate greatly over the advantages ex-
pected from il, and the constitution.
ality Of the former l shall regard as
sustained by the considerations TO
which | yielded in giving my assent 20
the existing bank.
The charge OF Inconsistency between
my objection TO the constilutionality
of such bank in 1871 and my assent
IN 1917, turns on the question. how
far legislative presidents, czpoundiug
the constitution, ought TO guide sue
.ceeding legislatures, and TO override it,
dividual opinions.
Some obscurity has been thrown
over the question. by eonfoundiug it
with the respect due from ore legisla-
ture TO laws passed by preceding legs
laturcs. But the two cases are essen
TALLY different. A constitution being
derived from superior authority, is to
be expounded aud obeyed, not con
trolled or varied by the subordinate
authority Of legislature. A Law OF
the other hand, resting on no higher
authority than that possessed by every
successive legislature. its expedicncy
as well as its meaning is within the
scope Of tho latter.
The case in question has its true
analogy in the obligation arising from
judicial expositious Of the law of sue
ceeding Judges; the constitution be-
ing a law TO the legislator, as the law
is rule Of decision to the Judges.
And why are judicial presidents,
when formed on due discussion and
consideration, and deliberately sane.
toned by reviews aud repetitions, re-
garded as Of binding influence, or
rather OF authoritative force, in settling
the meaning OF law ! II must be an
swered, LIST. because il is a reasonable
and established axiom, that the good OF
society requires that the rules Of con-
duct Of its members should be certain
and known, which would not be the
case # any Judge, disregardiDg the de
cIsions OF his predecessors, should vary
the rule of law according to his indi.
Vidual Interpretation oft. Misera est
seryitus ubi jus est aut Vagum aut in.
cognItum. ID, because az exposition
Of the law publicly made, and repeat.
eddy confirmed BY the constituted au
thority, carries with it, By fair infer.
enee, the sanction Of those who. having
made the law through their Legislative
organ, appear under such oircumstan-
ces to have determined rs meaning
through their Judiciary organ.
Can u be at less consequence that
the meaning of constitution should
be liked and known. than that the
meaning Of law should be so Can
indeed a law be fixed ~ Its meaning
and operation, unless the constitution
be so: On the contrary, u a particular
legislature, differing N the censtruc-
iion Of ihe constitution, from a series
81 preceding constructions. proceed 10
act "n that difference, they not oniy
Introduce uncertainty and lnsiab Iiy IN
the consultation, bst m the Laws them
selves inasmuch as al laws preceding
TIE new construction and inC consistent
N1a ~ age not oniy AubgRel fW tie