Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1838-10-15
POLITICAL.
From The Tuscaloosa hteii,gencer.

of the Constitution" the head and the organ of the
Old Republican party, and the author OF the colebta-
ted Nnginian Report of 90, Qhc creed OF the
State Rights party,) IN the tranquility OF his pho
sophie retirement iar from the iancorous si,Ics oil
party contests, deliberately affirmed the constitu
tonaliW aud cxped,enoy III a National Bank. re-
specially commend the letter To the candid cousld-
Grafton OF all old fashioned Republicans. md ospe.
cially tho EXCLUSIVE " Democrats" oi The pre-
sent day. | hope they wiltnnt venture To dcnounco
the illustrious MADISON (oi whom ii may be said,
with not more beauty than truth. that he was "wisc,
than Cato and puter than Arlsdes, } asa Federal
Bank Atisocral and an 'impudent political quack !"
Il will Just add that Nh CLAY fully coneurs with
MI. Madison
" Montpelier. June o5. 1881.
Dear Sir II have received your friendly letter
OF the 10Th inst. The few lines which answered yout
former one Of the 2lst OF January last written
IN haste and in bad health but they expressed,
though without the attention IN respects due 10
the OCCASION adssent from the views oi the President
as to a Bank of the United States, AMI substitute
for it To ,h,ch cannot but adhere. (Mr. Madi-
sou here aIudes to Gen. Jackson's Government
Bank) The objections To the latter have APP
reared 10 me to prcpnnderae greatly the advan-
iagcs expected from II. and the consIi,utonally OF
the former still regard rs sustained by the consldc-
rsiions which yielded. III giving my assent to the
existing Bank.
THE charge of inc consistency between my objcc-
ton TO the couslinoualtty oil such bank IN 1871,
anu my assent III Isl Turns on ine question: now lar
legislative prccedenls, expanding the constitution,
ought 10 guide succeeding legislatures, and 10 over
rule individual opinions.
Some obscurity has been thrown over the oucs-
ton bv confounding 1t with the respect due fiom
one legislature to laws passed by preceding cgisa-
lures. But the two cases essentially different.
constitution being derived from superior author.
i.v. is to he expounded and oheyed controlled or
varied BY the subordinate authority of legislature
A law, on the other hand, resting no higher au-
thorty than that possessed by every successive lc
aislaturc, its expcdicncy swell as its meaning is
within the scope of the latter.
"rhc case in question has its true analogy in the
obligation arising from judicial exposons of the law
succeeding Judges the constitution being lar
10 the legislator, as the law is n rRe of decision TO
the Judge.
"And why are Judicial presidents, when formed
on due discussion and consideration, and deber
atcy sanctioned by reviews and rerettons regard
ed rs offending influence. or rather of authoritative
force, IN settling the meaning Of the law 1t must
be answered, LIST. because II is reasonable and cs-
tablishcd axiom, that the good of society requires
that the rules of conduct Of It's members should be
certain and known, which would not be the case #
any Judge, disreearding the decisions of his prede
cessors, should vaiy the rule of law according TO
his individual Interpretation oft Mscra est sr,1;-
tus u6t jus est ant rdeum ant incoqniit,na. Cd be-
cause exposition Of the law publicly made and re
peaedlv confirmed by the constituted authority car
rIes with it, by fair inference, the sanction of those
who having made the law through their Legislative
organ. appear under such circumstances to have
determined its meaning through their judiciary or
gan.
4" Can it he Of less consequence that the meaning
Of constitution should he fixed and known, than
that the meaning of a law should be so Can IN
decd law be fixed in its meaning and operation nm
less he constitution be so 7 On the contrary il y
particular legislature differing in the construction Of
the constitution, from series Of preceding CON
oil IN net fiatI a.
not only introduce uncertainty and instability in the
constitution, but in the laws themselves /; inasmuch
as all laws preceding tire new construction in
consistent with il. are not only annnlled for the flI-
ure bui virtually pronounced nullnics from the be-
ginning.
But il is said that the legislator having sworn to
support the constitution. must support il in his own
construction of it., however different from that pu, on
il by his predecessors, whatever be the consc
quenccs of the construction. And is not The Judge
under the same oath TO support the law Yet has it
ever been supposed that he was required, lber
ly 10 disre gard all precedenis however solemnlv re-
pcatcd and regularly observed and by giving effect
10 his abstract and individual opinions TO dis
turb the established Of pra ctice in the bust
nrss Of The community Has The wises and most
conscientious Judge scrupled acquiesce in de-
cisons in which he has been overrnlcd by the ma
tured opoonS OF The majority Of his colleagues and
subsequently to conform himself thereto, To au.
rhoriiave cxposilions Of the law Andst not
reasonable that the same view Of the official oath
should he taken by legislator acting uHder the con
siitution, wi ch is his guide is taken by Judge,
acting under the Law. which is his :
"There is, in fact, and in common understand
ing, necessity Of regarding a Of Practice "a
above characterized, in the light Of legal rule of
interpreting law and there is like necessity of
considering it a constitutional rule of interpreting a
constitution.
"That there my be extraordinary and peculiar
circumstances controlling the rule in both cases.