Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-06-17

ciplss laid instrument given the guide TO
all. aud which all have sworn 10 dstend.
Who has thought OF testing the truth Of the Holy
Scriptures. the Revelation OF God by the opinions OF
sinful mani Who will pronounce them false, and quote
hs authority aud Justification, the opinions oil Hume aud
Ioaife Are the Scnpues to be Judged OF by the OPT
Mons Of these ndel.o those opinions TO be tried by
the Scriptures la politics in religion, then, let us go
tue fountain aud draw thence the pure, uDde
waters ct Truth instead OF receiving them tsecond hand
with all the contamination that human iraity may iniuse
into them.
History informs US, that before the Reformation, the
Pope, Bishops, and Priests iDerdcted the publishing or
reading OF the Bible by The La'iy upon the ground that
il nble TO them, and that they should
cetve IL eNpounded by the Priesthood. And the ar
gn'nent of the gentleman from ksnswha would place
the nieidicl the reading endeavouing to in
terpret the Constitution, because the People could
dsrs,snd tor that II was Tor each ton
interpret tor themselves their political B6ie-its
only aiming having been long settled them
by their predecessors, Cary the argument and the
Constitution would become sealed book to the People,
ana iey would be obliged 10 receive the interpretations oil
their serrGnfs as they would call themselves, but who
would then be their masters IN TACT.
But Glowing 10 names all the influence whicht he gen
teman claims Tor them, think IL would be easy shew
that the gh o testimony is against him. The sbest
arguments delivered against the constitutions oil
the Ba'.k OF The u States those OF individuals who
contend that Congress possesses The power
rate Bank. Need refer 10 the of Mr. Madison
IN 1891, aud Mr. Clay in ISll aud believe sir that
would he difficult TO find any prominent Republican
Der OF Congress who in favour OF the Bank, tba,
has not al ie been opposed tot This remark OF
course does not apply TO the Federaissihey have been
perfectly consistent and believe honestly they have
always conendej for the poweraDd according their
principles o il ID perfectly legitimate But
repeat tha, there is repubcs in favour OF the
Bank, Who might not, at other period, have been
called as witness the other sides and the authorities Of
the gentleman will therefore neuralise
opinion OF period will balance the opinion another
and leave the gen iemsn just where he started
Mr. Chairman, with this doctrine of the authority Of
nGmes L. closely allied that Of precedent The former
carries with only the weight oindivd the lat
ter has tue sanction OF the decisions OF msjories While,
then, il is equally fal'e in theory is much more mis-.
chievous aud alarming in practice IL is with pain and re-
gct, tina, find myself obliged refer this mi.che vous
doctriic 10 The vencraed adison. IL first promulpa
ted "a his message vetoing the Bank chate and coming
out with thu sanction OF such name il is calculated and
tear destined, produce lasting mischief IL lie painful
SIR TO speak OF an error committed by pure and illus
rous man; but no human being is endo with pc REC
iO" and am willing TO pass this. his first great
ror alter the formation OF the Federal M; for
his doctrines in the ConV been forgotten by
| others and presume long since sbjured by himself
nus doctrine perve''ing The first principle ofmorsl aud
political ethics makes wrong justify dn0thsr-'Ts
the plea OF the usurprr aud tyran that which has
once been done may be done agantiat power once as
s"Sa ana srquesced ~, must be p. rpetuste. IL
Stimulates our Government TO that OF far as
atcs 10 tue means used to those i'm au,horitv and
to guard and protect the rights OF governed are CON
cerned Ii annhlaies tDren Constitution the boas,
OF the American People, AID the envy the world ard
substitutes Tor the plain, written test in ended guide
10 all successive generations OF public
and uncertain iraditionihe unwrien and contradictory
law Of precedent II involves the paIpabIe abaurlity Of
making the Constitution be fixed and de fined by 4. yis
lsive instead oil limiting and controlling legislation by the
Constitution.
IN England, indeed, IN most OF the n atoms of the
O'd World, where they have written Constitution the
powers OF The Government altogether tradition and
-hen question arises IS TO whether particular pow
er can be exercised The only settling il is 10 ram
sack. their musiy records, whether the power
has been either rghtily wrongfulIy exercised
This suit the latitude OF monSrchirs and Il,
where the rights Of the governed weigh nothing ag .ns
the powers OF The governors; but utterly at war with
the genius and split oil our Tree institutions where every
precauton has been acopled, define with all possible
precision, the powers TO be conferred on those CHARGED
WIN the management OF public affairs. TO guard the
rights OF the governed from the grssping ambi ion
OF their aRens And trust that the Peope. ever lea
ious of the rights aud liberties boue hit at the urce G an
much blood and toll will irown Indignantly on every at
eupt to Introduce doctrine which makes one dssunp.
ton OF p0tcer the authority for another
Sir, beg you 10 look Tor mon.eu, what would he
the practical effects oil this doctrine IL womb
every abuse OF power that has been may hereafter be
perpeiraied. Ii would settle the constitutional son
Of the power OF The Federal Government 10 chatter
Bank TO make roads and canaIs-o impose prclective
tarfiahd TO pass The Alien and Sedon laws !-ior all
these have been solemnly sanctioned by all the depart
menis o! the government, and the eore entitled TO all
the force and validity OF precedent
The gentleman from Kanawha tells u.s. that il is ne cess
saty to seue constitutional questions they arise and that
when once settled they should be again and
ts scquiesceDce is recommended, il will nut
down strife and coGsnoon. trust, Mr. Chairman that
The time viii never come when the people will not be
ready and willing struggle for their righ,s from hat.
ever quarter they may be asssiled. When those rghs
are no longer worth striving for they longer worth
ssipg. Aud, unless shut yes against the
light OF all history, that the most fruitful
source oil danger the rights aud liberties OF free people
IS the grasping ambition OF their rulers.
Undoubtedly, is desideraium that the powers of
the government should be d-finite and clearly nderood
IL Is an evil 10 keep the country continued state of
excitement by The agitation OF grave constitutional aus
honsDut The true remedy for this evil not the
recommended hy The gentleman from Kanawhs but the
Immortal sentiment uttered by George Clinton when he
gave The casting vote against chartefipg the Bank in
1911, and 10 which referred day or two ago Let the
governments erery branch of H. conne itself 10 strict
conslruc ion OF s Constitution, and mpt 10 exercise
that is rot clearly conferred on them-et them
cease striving, they hare done 10 enlarge their
powers by free and liberal Interpretation of the charter
from Inch they derive them-and The evil TO bich 1
have alluded, aud Tor which, my friend ON KAnswha is
so anxious TO nd sremedy will 10 exist and be no
more he ard of.
The most sPecious argument that have ard urged in
favor OF tins doctrine OF precedent is the practice OF the
Cous IN which the Judges consider the law as settled nv
the decisions Of their predeces.orsTbis we are told l.
the practice both here and in Eogland we bor
rOwed it. Whether this habit be founded in wisdom and
expectancy, II Is not necessary enquire out
'hnk, SIR there can be great difficulty satisfying the
committee inst tie argument, founded upon more pau.
sible thaH sound. The psreIIcI-they are
uftefy diss8iar The Judge is impartial u1npre In
the mser-h having no induceme change-nay prompt
ed by rvery consideration OF and
TO CONFORM to e decision OF his predecessor reversal
OF this decision might affect the interests of
hugaH ~ TIE Court, but conld add nothing 10 the no ar
OF the Judge IL is The same thing him whether he
administers the law ia The way tile other. He is
40 party ~ the matter-tbe parties individuals. TO
whom II IS less important ,ohGt the idU is, than that il
should be settled and hnOton, when known, contracts
entered INTO under are made TO conforms Ioit. Frequent
changes OF The law nigh, operate injustice by tsking
parties by surprise.
You have then, sir, in the case Of The courts
III into l.