Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1841-10-14

dangrr ot error fn'ist increase WIN the ~
lcrrssin2 oblivion of explanatory clrcu:n'lnn-
ces, aud With the continual changes ~ ib'
import "f words and Phrases.
\ Let u then he lett tu The decision oi every
/ Intelligent aud candid Judge, which, on li
whole, Is nosi Ia be relied on Tor the 'in'
and safe CONSTRUCTION OF the constitution, ibh'
which has The uniform sane ton "f successive
Legislative bodies ihrpugh period of years.
aud uudrr ilie vari-,i nscendancy "i parties
or that which depends upon III opinions oi
every new legislature, heated as II may be
by the splrit oi party, eager ~ the pursuit oi
some favnrile object, or bed nsray by the ell
oqncncc and address of popular statesmen
\ themselves, p"ih1ps, under ih" influence al
The same mi.eadlng causes.
\ II WIS in conformity with the view here
taken, of ,hc respect due Ia deliberate ant
rclicrai"d precedruts, that the Bank of TIN
/ United States. though on The original qnes'
ton held 10 bc unconstitutional, received the
\ Executive signature ~ tl" year lSl7. Tho
act originally cstablishlng n Bank had und,r
gone ample discussions IN Its pn.sage ihrn
the several branches Of The government. u
had been carried into execution throughout n
period OF twenty years with annnul legIsla'
!, live recogniiiOu; m one instance, indeed
with n positive ramiication OF II into new
| State; and with the entire acqui"sceuce %
nl the local authorities. as well " Of the ma
/ tion at large; to all of which may be added u
1 decreasing prospect of any change ~ tn
\ public opinion udvcrsc tu the constitutional
IIiy Of such an institution. A veto from the
II Executive under these circumstances, wuI
Nh admission of the cxp"dlency aud almost
necessity OF the measure, would have been a
defiance of hl the Obligations derived from
d course of prrcedrnts amounting 10 the re
quisiir evidence Of The national Judgment and
\ intention.
! II has been contendcd that the authority Of
preccdcns wns IN that case lnvaldntcd b.,
the consideration, that they proved only It
respect for the stipulated duration Of ih'
Bank, with tOlcra,ion Of II until the law
should expire, and by the casting vote given
in the 81 nate by the Vice Prcslden, IN lh'
year ISli, against bill for establishing u
, National Bank, the vote being cxprcssl,
given on the ground Of nc"n,tl,ulIonalriy
\ But If the law itself was unconstitutional, ih
\ stipulation was VOID. aud could not be consi
\ tuilonally fulfilled or tolerated. Aud as t'
\ the negative "f the Senate by the casting voii
of the presiding officer, II Is n fact, well IN
dersood AZ the time, that II resulted nos
from an equality of opinions IN thn, assenb't y
on the power of Congress to establish Bank
but from junction of those who admitted
The power, but disapproved the plan, viii
those who denied the power. On simp'
question Of con-lu'ionolity, there was de-
cIl' d nrninrity IN favor Of It.
/ Mrs. Madison Joins me in hoping that you
will not fail To make the intended visit Ia
\ Virginia, which promises rs the pleasure OF
welcoming you To our domlcll, aud IN sin
ccrc fcturn Of all the good wishes you kindly
express for us. JAMES MADISON.
| Mr.. INGERsoLL.