The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1841-05-20
Fs-a Rl,s=a Rsss,sr.


NIX. MADAnUN--Ns y. bANh~
In loskiag err . Gle q he Register
fsr 1881. ne esns srross he fslla-iag
Later. sadr-sssdby Mr. MaAisOn 10 C. ]
i-g,roH. Esq. sirirg his reasons fOF
s,guing The ehsrsr e II late Bank 81
shs Uaaed ssasss Us 70 Publicalioa a,
shis nsneas sill, no SOub,. prove inter
ssang V lhs eesnHy, and ve IhsEsfoss
give i % car rsadsrs; particularly, a i
- stated sh.l. On The ssh;ssI AZ Bank.
Prssidens Tyler uilI take Mf. Madison
f.s hs guide:
Naaipsass, laae Is. 1851.
nEsa Ss:-i have received yonr
tneadly islRf Of he lssh inst. The lev
asass shieh answered your former one
e The 2I-I Of January last, we're uri.leu
- haste and in bad healih; but Ihey ex
pressed. though uahoas The attention 10
ssms respects due 10 The occasion, . els
ssal lrOp The views Of The Prssidsnu - 20
= Bank Ofshs United States and substi
Ials for a. 70 shieh ] cannot but adhere.
lie 0Asesloastn the LATER have appeared
% nc 70 rrepandersIe greatly over The I'd
MANAGES expected from u. asd the cansii.
aalionsilIv Of the former | snll regard -
sEstEiaed b. Ihe considerations 10 which
I yielded. 10 giving my assent 90 The sx-
istiAg Bank.
Tss eha-se Of Inconsistency between
nv objection 10 the consliluiional,,y oI
such Bank in 1871. and in 1917. turns
On The question. how Car legislsIiye pre-
lseseRis, exrounIsi in the Constitution,
ought 70 guide suecssdiag Legislatures,
and % oEeuule individual opinions.
Ssns obseuriIy has bern thrown nver
the aaes,ian. by eahiaUnding u With the
Tespecs dse from one Legislature 10 lsw.
Fasscd by preceding Legislators. But
he ITO cases are essentially different. A
Constitution being derived from q supe
air authority. 10 10 he expounded and
beyei. no; controlled or aried by The sub
nrdinals authority Of The Legislature. A
lsw on The other hand, resting on NJ high.
sr ss,hoity shau that possesselby every
successive legislature, lis expeiiency a.
well As is meaning, is wishia The scope
VI The LATER.
TIE case in question has lie true ana
iaey IN the obligation arising from Judi
rlal exposiiions Of ibs Law. on succeed.
ing JSdge.; the Constitution being law
70 The Legislator. Is The Law il rule OF
decision 10 the Judge.
And why are Judicial presidents. when
formed on due discussion and eansidera-
siaa. deliberately sanelioaea by resisws
and rePetiiions, rsganaed n Of binding
iafsenee. or rather Of authoritative force,
- ssrling the mesaing Of Law! Il
must be answered. ln. because il 10 .
ssasonsble and established axiom. thai the
good Of society requires that the rules OF
eandnei OF lie members should be certain
sad known. which would moi be he case
II any Judge. disrsgsrdisg The decisions
OF his prsderessers. should vary The rule
nj lsw. according N his individual inter.
pf<xaiion Of u. Missra est serpiiKs ubi
jus est sat sagsm aui inco gniium. Cd.
because %. vrpas.,ion Of lhs law publicly
made. and repeatedly eon6rned by the
constituted au,hariIy. carries with il. by
CIR inlefenee. the sanction OF those, who
having made the Law through their lsgis-
lsiiss organ. appear under such eircum
slsnres 10 have determined lie meaning
throngh their judiciary Org.n.
Can il be Of less consequence that the
meaning Of . Constitution should be hx-
ed and known, Than tha, the meaning of
. Law should be sol Can. indeed, q law
be 6xsd in i,s meaning and operation. IN
iess the Constitution be so! On the con
srary, 4 . particular Legislature. differing
N The construction oi The Cons tuition
from series Of The preceding construc.
lions. proceed % act on ihaliiference, they
not omy inssjues uncertainty and INSTALL.
aIy 10 ihs CONSTITUTION. but in the Iaxs
iaemsslses; inssnuch az all Laws precet-
ing The nRv construction and incnasis
teht With i,. are net only snnuiled for
khe iuiure. but virtually psoaouaced nul.
lI,ies froE The bsginaing.
But il is cad that the legislator. has.
ing sworn 10 svpporI the Constitution.
musi support IL in bis own construction
az Il. however diifsrepi from that put nn
81 By his predecessors. or whatever be
abe consequences Of the construction.
And is not the Judge under The same oath
20 support The law! Yet. has il ever been
supposed that he was required. or al liber.
~ TO disssg,rt al presidents, howe er so
lemnly repeated and regularly observed;
aud BY giving effect to his own abstract
and Indirijual Opinions, 10 dis uTb the Is
sas'sbrG c"arse OF prariice 10 the busi-
nsss oil the Community. Has Ihe wises,
and most conscientious Judge ever scra
Piled TO acqniesre ia decisions ia shicb
be has been oserruled by The marured
"Riaians Of the majority Of his colleagues;
AID subsequently 10 conform himself
thereto. ~ 50 authoritative expositons Of
tha law And IL "a naf reasonable that IN o