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

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future, but virtually pronounced null.
ties from the beginning.
But It Is said that the legislator hav-
ing sworn to support the constitution.
must support IL IN his own con.truc-
ton. And is not the Judge under the
same oath To support the law Yet has
It ever been supposed that be was re
CURED, or at liberty to disregard all
Precedenfs, however solemnly repeated
and regularly observed and by giving
effect TO his own abstract aud in,h
ridual oplnIons,to di,tur b the establish
ell course OF practice in the bushes.
OF the community: Has the wis.,t
and most conscientious Judge ever scru-
pied to acquiesCe ~ decisions III whicl,
he has been o,errulcd by the maturcd
opinions of the majority of his col
leagues; and subsequently to conform
himself thereto, as tn authoritative ex-
positions Of the law ? And ia IL not
reasonable that the same view of the
official oath should be taken by lecis
iaior. acting under the Constitution.
which is his guide, as il taken by 4
Judge, acting under the law, which is
his?
There IS in fact and in common un
derstandlng. necessity Of regarding
course of practice, - above charac
teriZed, IN the light Of a legal rule of
interpreting law: and there j. n Ike
necessity OF considering it a constitu-
tionai rule oil interpreting a constitution.
That there may be extraordinary
and peculiar circumstances controlling
The rule IN both cases, may be admit
ted butwith such RECEPTIONS. the rule
wall force itself on the practical ind.
ment OF the most ardent theorist. He
will lind IT impossible to adhere TO.
and act officially upon, his solitary
opinions as 10 the meaning of the law
or constitution, IN opposition 20 n coz
structIon reduced to practice, during
a reasonable period Of time; more Is
pecially where no prospect existed OLA
change OF construction by the public or
ITS agents. Aud If reasonable peri
Oh OF time, marked with the usual
sanctions, would not bar the indiyidu
al prerogative, there could he no I.mita
ton TO ITS exercise, although the dan.
ger oil error must increase with the in
creasinS oblivion Of explanatory cir
cumstances, and with the continual
changes IN the impor, Of words and
phrases.
Let II then be left 20 the decision of
every intelligent and candid Judge
which, on the whole can be relied on
for the true and safe construction of :,
constitution, that which has the unifnrr,
sanction Of successive sislatvc bodje,
through period cf years, and under
tie varied asCendancy Of parties:
or that which depends upon the op,n
ions Of every new Legislature. hca,c,i
as 1t may be by the spirit OF party.
eager ia pursuit Of some iavorite ubicct.
or led astray by the eloquencc and adj
dress VI popular statesmen. the,nsrivo.
perhaps undcr the same m,slcad.n.,
causes.
Ii was in conformity with tie view
here taken. OF the respect due 20 dc.
hberate and reiterated precedcnt.. lhat
the bank ct the United States, thOuch
Oh the original question held % be un-
constitutional, received the evecutiN,
signature IA the year 1917. The act
originally establishing bank had un-
I'D
sage through the several brahcLe. az
the government. 1t had been Carried
INTO execution throughout a period or
twenty years with annual leg slah.e
recognItIons IN one instance indeed,
with a positive ramllioation of IL INTO
new state and with the entire aco1i
esoence of all the local authorities, a.
we'll a. OF the nation at large; to a.!
ct which may be added, drcTeasinL
prospect at any change IN the pubic
opinion adverse 10 the cOnstitutionality
at such ala Institution. 4 veto fruC
the executive under these Circumstsr
oes, With sn admission 1T the c1peGi-
eboy and almost necessity IT The
measure, would have been a dedancs
OF all the obligations derived from a
course Of prceedents amounting 10 the
requisite evidence 81 the national iudc
ment and intention.
II has been commended that The su.
thOTity of preeedents Wss ~ hat case
InvalIdated by the tOnsidetauon that
they proved only a respect Tor the
stipulated Duration Of the bank, with
a liberation uf u until the law should
expire, aud by the casting vote gwen
IN the senate by the VICE president, iu
the year 1911, against bill for esiab
lshing national bank, the vote beinp
given on the ground Il uncons,ltut,on
atty. But It the law Itself vas on
constitutional the stipulation Vas Void,
and could not be cOustit6tionaliy I'll
filled 80 tolerated. And o. thc mega
"a" Of tlie senate by tbc essiirg vote
q the presiding officer, - fact