Liberty advocate. [volume] (Liberty, Miss.) 1835-1866, 1837-10-03
POLITICAL.

LLoW-G1TIZENS--ln NY U.s. a. ~
was shown BY quotations from Mr.. Mad
or,s speech, that at the time OF its de-
Ivery. he not only held the opinion Of the
,;,,const;tntionality Of the United states
Bank.S but proved it by a tram Of sounu
,snd unsophistcal reasoning. :,
IN will now endeayor to prove, that MS
,or 70 Mr.. Ingersoll, in 1881, leaves I'M
SEVERED and unrefuted his arguments
Tainst the Bank in 1894; and Il IAN ~
RI i will be for want Of talents as q |
riter and rot for want Of materials, asg
bcust be abundantly evident to any one |
I'M read Mr.. Madison's speech and ietT
#er.
mr.. Madison, in MS letter to Mr. lnger-
koIl says!-"The charge Of inconsistency
between my objection to 1.-The constitution
kitty of such a bank in 1874, and my as
sent in 1917, turns on the question now
far legislative precedents, expoundmg the
Constitution, ought to guide succeeding
legislatures and to oyer-rule individual
bpnions. ''--Here it will be seen that "pre-
'cedents" are the only arguments used 70
leyade the charge Of Inconsistency, ME-
Madison truly says in this letter, tha'
nconstitution is to be expounded and obey
ed. not construed or varied by the subor-
dinate authority of a Legislature" Had
this maxim been adhered to by majority
Of the Federal Legislature, as 1t was III
1894 by Mr.. Madison and those VINO acteu
|with him, we would never have had the
bad "precedent" which ''over-ruled MS III
sdividual opinion'' in 1917.
MI Again, after reciting judicial presidents
s'in settling the meaning of law" Mr.
Madison asks, "Can it be OF less lmPor-
lance that the meaning of constitution
should be fixed and known, than that the
meaning of "a law should be soF NOW 1t
is freely admitted that the meaning OF the
Federal Constitution should be "tXed ana
known" But the only way to effect TINS
desirable object is to "keep close to our
chartered authorities" always recollec-
M tno that "the doctrine of implication is
always a TENDER oNE,n and liable, from Its
uncertainty, ''to destroy the main charac
# teristic of the Constitution" Mr.. Maui
son says:-"But it is said that the leglsla
tor having sworn to support the Constltu
ton, must support it in his own construc
ton ofit."--This is a SLY hit at the vet'
message of President Jackson stating nj
tM reasons for refusing his assent to the re
charter of the United States Bank. In
M doctrines of that message are IN unlsol
with Mr.. Madson's former political oPln
ions; and had Gen. Jackson continue
true to the political principles OF the dem
ocratc party, his election would have pre-
we'd blessing to the people of these States
III Mr.. Madison, however, is forced to az
NIT sthat there may be extraordinary an
peculiar circumstances controlling III
ruleo of presidents, in both cases 1t ma
he admitted; but with such exceptions
the rule will force itself upon the pract
cal iudcment of the most ardent theorls
On this point the letter should have pee
definite, and pointed out the "peculli
circumstances" alluded to. Now, II an
one will carefully read Mr.. Madison
speech and the opinion Of Judge Rowa
of kentucky, and then decide that Il
charter of the United States Bank DO
not come within the exception OF "extr
M binary and peculiar circumstances co
,@ trolling the ruler of precedents, ne W
M indeed, even with the aid OF this lette
be puzzled to invent one; for Congress c.
no more exercise undelegated power
passing a harmless and expedient la
than one which involves the most tai
consequences. Both cases would be equ
ly usurpations of the rights OF othe
though the consequences might not
s1,o E,r
Nal score of "precedents." This letter f
0 Their asserts, that "men eager in purs
of some favorite object, are not to be
0@ lied on as expounders of the Constitutlo
This assertion no doubt is too true. A
would ask if the advocates Of the &C
Fishery Bill, the Bank Bonus Bill, the
States Bank, the Alien and Sedition,
Proclamation and the Force Bill" w
i not men ''eager in the pursuit oil some
vorite Objects and for the same reas
not to be relied on as expounders OF
Constitution; particularly when we
fleet that every one Of these were advt
ted on the principles of that very I'm
cation" out Of which. Mr.. Madison
us in his bank speech, ga chain may
formed that will reach every object OF
gislation-every object within the WI
compass of national economy"
M In this letter we are further inform
that ''it was in conformity with the
here taken, of the respect due to the
M hberate and reiterated precedents,
the Bank of the United States, though
the original question held to be uncoI
tutional, received the executive sane
in 1917. 1t is clear, that if Congress
1894 had no constitutional right to char
bank, the usurpation Of that power ca
be fairly pleaded as good "precedenl
AM 1917 10 cnntinne the exercise Of undel