The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1838-10-04

l. y NrAG rs ~ AeNAs ~ - Nss-s--%s-
underslsadine. q nenessily Of Ergardlng
course Of practice. - above eharaelsris-
ed. in The light Of legal rule Of inter-
prrlinga lsw: and there Is Ike nsees-
siIy Of considering il a constitutional rule
nj interpreting . constitution.
"ThaI there NAV be extraordinary ard
peculiar Circumstances controlling tie
rule 20 both cases. mar be admillsa: but
with such exceptions. the rule uill laIer
iIself On the prsrIiral judgment af the
most ardent ihsorisi. lie Will End % i'm
Posslhls la adhere 10. and act officially
uP.sn. his solitary opinions asst" shr mean
ing nf lhs law ar constitution. IN nprosI-
lion IN = cans rnriinn ErdErrd IN prscaiee.
during a reasonable period nf time; mere
espsci-lly where no prnsaseI existed If
change nf Construction by the ;.ahl'r ar
lIs sseais. Add IL . reasonable pennd
az time. marked wiIh The usual sanslions.
. Sald moi bar Ihe individual preTogauEe,
there Gould be no limitation 20 Us exeT-
rise. although the danger af errnr must
increase With the Increasing oblivion 0l
explanatory circumstances. aud with the
cnnlInned changes ln The Import of wards
aud PHRASES.
LEI it.lhrn hr lcfi 10 the ,ierisian of
every intelligent aud candid Judge. h'rh,
a. Iiie whnie. l. most 10 he ulrd "n tnT
the true and SAFE. CONSTRUCTION 81 ths can
sIiuI,Oa. that Hhrh has lhs uniform
sanrpinn &c successive legislative h"d,rs
through prrlnd al years. and under the
~arriI ascrndancy Of parties; ar that ON
which depea,is the nplnI"ns 81 every new
legislature. heated a. IL may he hy the
spirrl al party. eager in the pursuit of
some far"rile object, 81 I'D away by The
eInqusnre aLd address Of popular STATES
men, themselves, perhaps. under the IN
lluencs If Ihe same misleading causes.
1t was in conformity To the siew here
taken. of the respecl due 10 ,leilher-ls aud
reiterated preredenls. Ihat the BANK of
the United States, though on The origi-
nal question held 10 he unconstitutional.
received the Executive Signature in the
wear 1917. Tn. act originally eslab-
fishing bank had undergone ample dis
cussi0n in its passing through the sever
al branches of The government IL hal
been carried into execution through a
period nf twenty wears with The annual
Legislative reeagalhnu; in one instance.
indeed. with positive ramliirs,Inn OF Il
into a new state; and with tie entire ac-
qatrscenre If all The local authorizes, as
well as 0llhe nation al large: Ia all which
may be added, decreasing prospect Of
any change IL the public npInioa adverse
tn The consil,utnnalIly uf such an ins'i-
inuon. A sriu from the executive under
Iilrse circumstances, with an admission
81 the expejlency aud almost necessity
nf The measure, would base been den
anre OF all the Obligations derived from a
course Of precedenIs amounting I" the
requisite evidence Of The national judg-
meet and intent pc.
.,.s.;lI has been commended that The su-
shorty OF precedenIs was, in tina. ease,
insslldaed By the consideration, that they
proved only a respect for the stipulated
duration OF the Bank. with tolerstton Of
il unuI the law should expire. aud BY The
Vice President in 1911, against bill for
establishing National Bask, the vnie
beng expressly given on The ground of
unconsuluuonsliiy. But If the law H.
SELF was Unconstitutional, the stipulation
was vpid. and could not be constitution
zlly fulfilled or tolerated. And as to the
negative Of the Senate by the casting vote
Of the presiding officer, it is fact, well
understood al the nmt, that il resulted.
TO. from an equality Of opinions in that
assembly an the power Of Congress 10
establish a Bank, but from a junction Of
thuse who admitted the power. but dis
approved the plan, with those vino de-
med The power. On Simple question
Of consuturiuuslity there was a decided
majority IN favor al IL.
JAMES MADISON"
Mr. iSeEEsuLL."
Ia another letter TO the SAME gentle
! man, Of sboa! The sane dale, Mr. Mad
ison says, d" A virtual, and II Is hoped, al
adequate remedy tagsns, a deprecated
currency may hereafter be found IN ihe
refusal 81 Sale paper when deb4sr,l, in
any Of the federal Iransacuons, aud lie
control OF The federal Bank"
Such ls NJ. Madlson's unanswerabIe
argument in favor Of the consli,ulionsl-
Ivy Of Mammal Bsnk-an srgumel,
which is ,epfuld stronger r!9,o Than Al
vas IN 1917. Since thar lime. the Bank
has bcen SANCTIONED by Congress Tor
twenly years I've all know thst il wss
rechsi<ered in 1882 BY d-ridcd lnalnl
lies in both houses 81 Congress. and y a.
vetoed by The President. by lire sue
cessise Administrations; BY some Eileen
cOnruHigg drcIsioas Of he highest Stale
Courls; By three sole,nn and uusaImeus
sdjudicauons. sll lee elaborate o. gunenl, By
thei august Tribunal. ite Supreme Court
VI lie United States, the final arbiler Of
all constitutional questions, and BY the
continued aequiesceace Of a vast majority
Of the American people. / have noi q
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