Southern Argus. [volume] (Columbus, Miss.) 1834-1842, 1841-06-02

II IL a reasonable and established axiom, that P
the good Of society requires that the rules Of b
conduct of its members should be certain and b
known. which would not be the case if any il
Judge. disregardng the decisions of his prede- 7
cessors should vary tile rule oflaw, according Ii
10 his individual Interpretation Of it. Miseri G
EST seruttuS ubijas est ala vagunl au incogni- t
tuua. Cd, because an exposition of the law, [
publicly made, and repeatedly confirmed by
The constituted authority, carries with it, by
fair inference, the sanctions of those who, hav-
ing made the Law through their legislative or
gan, appear under such circumstances TO have
determined its meaning through their Judicial
ny organ.
Gan it be of less consequence that the mea-
ming of a Constitution should be fixed and
known, than that the meaning of law should
be so! Can indeed law be fixed in its mea-
ming and operation, unless the Constitution be
so! On the contrary, if a particular Legisla-
ture, differing in the construction ofthe con-
stituton, from series of the preceding con-
structions, proceed to act on that difference,
they not only introduce uncertainty and insta. |
bility in the Constitution, but IN the laws |
themselves; inasmuch as all laws preceding |
the new construction, and inconsistent with it, |
are not only annuled for the future, but vrtu- |
ally pronounced utilities from the beginning.
But it is said that the legislator, having
sworn to support the constitution, must sop
port it in his own construction of it however
different from that put on it by his preIeces-
sors, Or whatever be the consequences OF the
construction. And is not the Judge under the
same oath to support the law. Yet has it ev-
er been supposed that he was required, or at
liberty to disregard all precedents, however
solemnly repeated and regularly observed; and
| by giving effect to his own abstract and indi-
vidual opinions, to disturb the established
course Of practice,in the business Of the COM
munity? Has the wisest and most conscien-
tious Judge ever scrupled to acquiesce to de-
cislOns IN which he has been overruled by the
matured opinions OF the majority of his col
leagues; and subsequently to conform himself
thereto, as to authoritive expositions of the
law. And is it not reasonable that the same
view of the official oath should be taken by a
legislator, acting under the Constitution, which
is his guide, as is taken by Judge, acting un-
der Il e law, which is his!
There Is, IN fact and in common understsn-
ding, a necessity of regarding a course of
practice as above characterized, in tina light of
a legal rule Of interpreting a law, and there is
a like necessity of considering it in a constitu
hona rule Of interpreting Constitution.
That there may be extraordinary aud pecu-
liar circumstances controlling the rule IN both
cases, may be admitted: but, with such excep.
TONS the rule will force itself on the practical
judgement OF the most ardent theorist He will
find it impossible to adhere to, and act Official
ly upon, his solitary opinions as to the meaning
oil the law or Constitution IN opposition to a
construction reduced to practice, during a rea-
) sonabe period of time; more especially where
) no prospect existed of change of constitution
by the public or its agents. And fla reasona.
Bile period OF time, marked with the usual sane.
tons, would not bar the individual prerogative
) there could be no limitation to its increasing
> oblivion of explanatory circumstances, anC
with the continual changes in the import O
words and phrases.
n Lett then be left to the decision of every
$ intelligent and candid Judge, which. on the
n whole, is most to be Yelled on for the true anr
G safe construction ola Constitution. that which
). has the uniform sanction of successive legisIa.
l. tive bodies through period of years, and un.
II der the varied asce1dercy of parties; or that
e which depends upon the opinions CT every new
;. Legislature, heated as ii may be by the spirit
# party eager in the pursuit of sonyp favorito
t. object OF led astray by the eloquence and ad-
= dress OF popular statesmen, themselves. ner-
SA4N VI lllC SAINT IfllSiedQ-
ing causes.
1t was IN conformity with the view here Ia
- ken OF the respect due TO deliberate and reite-
- rated precedents that the Bank of the United
S States, though on the original question held &c
= be unconstitutional, received the Executive
!. signature in the year 1917. The act original
- ly establishing Bank had undergone ampl
discussions in Its passage through the severa
= branches of the Government. 1t had been car
h RED INTO execution throughout period oftwen
4 ty years, with annual legislative recognitions
g IN one instance indeed, with positive ramif
cation oft into new state, and with the en-
tire acquiescence of all the local authorities,
y well as of the nation at large; TO all of whic
y may be addeda decreasing prospect of an
: charge in the public opinion adverse to tn
n consttutlonallty of such an institution A Vet
m rom the Executive, under these circumstar
ces, with an admission of the expedlency an
almost necessity of the measure, whould hav
&c been defiance ofall the obligations derive
from course of precedents amounting to III
requisite evidence OF the national judgemeI
S. and intention.
N 1t has been contended that the authority
n. precedents was in that case invalidated bv th
;, consideration that they proved only respe,
u for the stipulated duration of the Bank, with
,e federation of it until the law should expire. ar
r by the casting vote given in the Senate by Il
Z. Vice President, in the year 1911, against a b
for establishing National Bank, the vote b,
ing expressly given on the ground of unconst
IS tutlonahty. But iflhe law of itselfwas uncol
), shtuuonal, the stipulation was void, and con
: not be constitutionally fulfilled or tolerate
q And as to the negative of the Senate, by Il
casting vote of the presiding officer, it is IA
. well understood at the time, that it resulted n
J. from an equality of opinions in that assemb
d. on the power of Congress to establish Ban
but from junction of those who admitted ii
power, but dlsapproved the plan, with tho
who denied the power. On simple uuestir
OF constltutionahty there was decided maio
Ity IN favor of it. JAMES MADISON
or WOODLAND, DEC. 1881.
d. Dear sir--Your friendly letter, on the su
II, Iect of the United States Bank, has been r
r celved by the due course of mail. The OPT
. ION, which formed ofthe Bank of the Unite
bt states, when | was member of the Senat
We was the result ofa careful examination of Il
Constitution of the United States, mac
without any preconceived opinions. TIL
10 opinions is recorded in two speeches which
Il made IN the Senate, in the year 1911. Sin,
= that time, have had no occasion of reyiewlr
Al the question My OPINION REMAINS UNA
y. TERED.