The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1841-05-13
From he Raleich Register.
Mr. MADIsoN-U. STATES BANK

Letter. addressed BY Mr.. Madison TO c.
}. Tncoysoll, ESQ. giving his reasons for
signing the Charter Of the late Bank of the
United States. Its republication al this
moment win, no doubt, prove interesting
10 the Country, and We therefore give 1t
10 our readers particularly, as il IS stated
that, on the subject Of a Bank, President
TYLER will t4ke Mr.. Madison for his
guide -
MoNrrELirR, June %, 1891.
DEAR Sal have received your
friendly letter Of the 18th inst. The few
lines which answered Your former one Of
The 2lsi OF January last, were written in
haste and IA bad health: but they expires.
sed, though without the attention in some
respects due to the occasion, a dissent from
Tie views Of the President, as to a Bank
Of the United States and a substitute for
ii. 10 which cannot but adhere. The Oh.
lecflous to the latter have appeared TO me
10 prepOndeTa,e greatly over the advanta-
ges expected from it, aud the constitution
atty Of the former | sill regard, as Sus-
tanned BY the considerations to which |
Welded, IN giving my assent to the exist
ing Bank.
The charge of Inconsistency between my
objection TO the conslitutionality Of such a
Bank IN 1901, and in 1917, turns On the
question, how far Legislative Pgecedeuts,
expounded in the Constitution, ought to
guide succeeding Legislatures, and 10 over.
rule individual opinions.
Some ollscurity has been thrown over
tae question, b. eonEounding 1t with the
respect due from cue Legislature to laws
passed b. preceding Legislatures. But
the two cases are essentially different. \
Cons,ituiion being derived fem a superior
authority, is 10 be eNpognded and obeycI,
not controlled OF varied By the subordinate
authority OF the Legislature. A law on
the other hand, resting on TO higher au
tBoIlty than that possessed BY every sue.
cessiye Legislature, lis exPedlency IS well
rs is meaning, IS within The scope Of the
after.
- -
o rae Obligation arising from judicial eA-
positions Of the law, on Succeeding J0dg-
e tie Constitution beng las to the
Legislator, as the law is rule al decision
- the Judge.
Aud WIS are judicial precedcnt7, when
formed ca true discussion and considera.
Ion, and deliberately sanctioned by reviews
ard repsiitIons, regarded as Of binding in.
a1eEce, or rather Of authoritative force, IN
s2tllllg the meaning q lav Il must
~ answered, st. becarsc il i a rcas0na.
BE and established axiom. ia, the good Of
s1cse,y requires that the III. of c1aGIct
81 = Ll1mJers should Be certain and known.
s. bi1a 5u.I Dot ue the case If any Judge.
dlsregari.ns mo decision, &C his Dredeces-
sors, sAo0.d vlr the rule Of las. accord.
ias - L.s la1Bilu2. Interpretation Of IT,
M4serl e. serr.tas 10. ~ ct oai sagam
az iseGg7iiuz. -, because an expos.
,soa q he ilv publicly made, and repeat.
ellt confirmed by iAl constituted aathor.
~ rarles wl;a i, By far inference, the
s4aeuon d those, 10 having made the
avs through their < -l-latlYe organ. appear
Under such circumstances O. have deter.
miaed q u.4aa.ns t4.aga ,ac.f Julicia~
organ.
Tan i b q less consequence that the
E-.lagng Il Constitution sa.4gld be fixed
aid Aa3au. than that the neaning Of Ias
-.l0a.1 b. - Caa iadeed lass be fixed
IA - raaal.Hg 4li operation, unless tie
Constitution bs - o. The contrary, If Al
particular Legislature, differing Ia the con. 4
sIlcloa # iae Cansfitatioa, from series
~ tss preceding CONSTRUCTIONS, proceed
&. g., ~ f..4i d.,ierence, they not ouly in.
'Foalce 4c raaty ard instability ~ the
E-a i,uilya, bgt IN the laws themse ives
.a4sasch e. al laws preceding the new
construction and inconsistent NIth 1t. are
not oa.7 snaY'isd for The future, bat yir.
taal.t Pronounced n4ilitlas from the begin.
r.ar.
e; It Is SAID the. the legislator, hayiag
sHsFa % Support the Constitution, must
lag1r !. A has ean construction Of it,
aoae7er different iron. that put On i. by bis
predecessors, OF EilateIer be the eonse.
ggcaces 81 tAe construction. Aud Is not
Tie Judge under the sanc oath to support
fLe law iet, has It ever been supposed
that be YVES required, or st liberty 10 DIS.
segard al pTeeedel,z, however sole,naIy
and regularly olare5 and b.
lf.gg effect 70 lis own aJT.uct a8d md.
, 4lal opinions, 70 disturb tie established
6 arse VI practice a. the business Of the
community Has lie Wlscst and most
Judge ever scrlFled to ac-
guescg 70 decisions IN which hs has been
by tie uialure4 opinions Of the
majority q a.s colleagues and sabsegaen,-
IN q conform hig2 slf thereto, as 70 al.
iaoniatTe expeditions og the iaa And
b Il not reasonable, that the same yiew Of
the Official oath .ho1id be taken by leg.
.s.ator, ac:ing under tie Constitution,
winch Is biz guide, az Is taken b Judge,
acting undef tbe Law, which & lis
There IS IN fact, and IL common under
s.aalln-, a necessity NJ regarding a course
q practice as above characterized, il the
#l.l.f 80 T.