The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1838-10-04
! f.-. n Tasra'ss.s Is.ta il3geaesr.
srr. Madison and n National
Rank.

N.,li...n's lester On Tie roassilaIIonslIly
At N.,na4l Bank. Il viii be seen that.
IA, srrsl and good man. =" Inc I.Ihsr
II lie cansula,l,n." me head and nrgan
q. .as sid Rrpub,Iesn parry. and liie att
,h.,f' d the reiebraged Virginia repnri
nj 1899. (,he crssd Of ne Stale Rights
,.nv.l A. ,hs tranquility 81 ais phil"so-
- ...,rrmenI, IsT frn.n the TsnelEJus
sr f. -. qary rOnaes's deliberately al
sd ,pe col. lila s,,asiiIs AID rNPsslI
esev I'll a Nam"nA Rank. TrsPsclini-
A. ram mead las ir,.sr - the candid ean
.,.ler,,.on al all I'D s!,tansI Re. uhli
cans, and e>,eciaay - Inc EXCLUSIVE
4. Drnacuas" al Ihe PRESENT d.I. l
haze they vii "a, tealure - dsnOunce
,he nlu.,r,aus Madison. ."G whom u Insy
h. sad. 18th no, mare brsuIy Than truth.
,ha, he vas =. S,srr than Cato and puTer
,h.n sr,sudes. y as q Federal Bank ARE
tocrs, aud an go ,puieni n"lHia.l qusckl'
! will just add that Mr.. CLAY fully con
surs win Mr. Madison:
foasneieFs June -oaa. aShi
"Desr Sir:-l hare received y"ur
friendly letter 81 the 18Th inst. The few
lines which snsusrtd your former Que Of
,he 2lsl Of Iaaary last. were written 90
haste and in bad health; but they express
I'd, though without a,senlian IN sumo re-
specls due 10 the "ccasH"n, a dlsseul irnm
The views uf the President as To Bank
oI the uniled States. aud a substitute for
It; 70 ahlch | cannot but adhere. (Mr.
Madison here alludes tn Grn. Jackson's
Government Bank.) The objections tn
The later have appeared Ia me tn prepnn-
lerae greatly over the advantages ex-
peeled from II, and the cnas'llullonalily
vi the former | sui regarl ss sustained
By The considerations 10 which ! yielded.
in giving my assenIh the existing Bank.
1.-The charge 81 inconsistency brIween
nv objection to the cnnstituIlonsli,y of
such bsns in 1891. aud my assent in
1917, turns on The question. how far le-
gislsuTe preceden1s, expanding The con-
s.ig;nn, saghs Ia guide succeeding lrsis-
tzmWs, and 10 "verruls individual opIn.
inns. $500 49,.
"Some ubscurty has been thrown o.
ser the question:, BY ennfpund,ng u with
The respect due iron ene legislature To
laws pas.eI by preceding legislatures.
But the Two rases are essentially differ
en,. A rons;,IHtInn beng derived from
superior .Uino1:y. Is TO he expnunded
and ohevrd nns controlled ar varied by
ths su50rl ia't authority nf a legislslure.
A lGw, nG GE- "I1-r hand. resting on nn
higher authU,.y ,Haa it.at possessed hy
even. sDrrsssiyr legs 4;uFe. IT, expedIen-
ey as we'll a. rs E-4.iag Is within The
scope 81 the laust.
The ease IN question has iIs true n
aslagy IN The "bi'g aunu arising from ju-
dIcisl xxpositinns Of the Las on succeed
ing Iudses; the constitution being a law
70 the leglsislan. a. The law is rule Of
decision. 10 the Judge.
=" And why are Judicial precedenis.
when formed on due discussion and con-
sideraiian, and deliberately ssnc,ioned by
reviews and repeiIti0ns. regarded as Of
binding lnhOenre, or rather of authori.
tstIEe force. IN setting the meaning Of
the Law! Ii must no answered, LIST, be-
cause n ia reasonable and established
axl"m. lhst he good OF sacisly requites
that ihs rules n( romduri af ,ts nenb-rs
sbnUIi he certain aud knnan, which
you'll not be Ihe Ease " sny Judge. DIS
Frgsri'ns the hecI.inus nf hs pTedeces.
snEs. should vary The rule of Law sccor-
ding 10 b.. individual interpretation Of H..
AistFn est serpiigs Lbi jus est am "a.
I'm" nia ihr"gniihaa. 81, because an
exposition 81 The lac puhltriy made, and
FepeasFdiy confirmed by tbs constituted
authority, carries sIlh IL, by lair infe-
renee, The ssnctinn Of iaose who. having
made The law through their legislative or
gan. appear under sach circumstances %
have determined lis meaning through
Their judiciary organ. >
"Csn IL be Of less consequence thai
the mesh'ag &c constitution shonld be
hxed and known. than lhs, the meaning
ct law shoald be 50! Can indeed !
." b fxed III its meaning and opera
Aaa, Mules. The Constitution ~ 50 | On
TIE contrary: IL a psE,isolar isg slsinre,
diirring In the construction Of the cnn-
sHasion. from sftses of preceding can-
sHur'ions, proceed 10 ACT on that differ
ence. they MI ooly introduce nncerainy
and insIablIiiyzi Ilhe constitution. bn,
J" she laws themselves; inas.nuch az all
laws preceding Tie new construction and
'neohsIs!ani with il, are not only snnnIl-
ca iof the future. bu, virtually pronoune.
gu utilities from the beginning
=. hus ii is satd that the legislator hsv.
's sworn TO support the consuuulion,
must support IL in his own construction
VI IT. however different ir1ir, that put on
u oy his predecessors. or whatever be
a'e consequences If the construction.
ana I" not the Judge under tie same oath
70 support The law! Yet has il ever been
supposed that he vas required, or a, lib.
cry 10 disregard all preceden,.. however
se'enniy repeated and regularly ob.erv-
' ana oy giving effect to bis own ab-