The Middlebury people's press. [volume] (Middlebury, Vt.) 1841-1843, 1842-10-11


certainty what the law is. In this way,
and in this way only, can statute continue
TO be the same uniform law. Otherwise it
must have the same effect as various and
contradictory laws on the same subject
The effects are the same, nay worse, If the
construction of a written constitution must |
forever remain unsettled.
Fortunately it is not so, but it has been
settled by the highest authority, by the SUI
preme Court ofthe United States. that a
comtemporaneous construction of a written
constitution, continued and acquiesced in
for period of wears, settles The construc
ton, and the Interpretation is no longer
questionable. For obvious reasons, a prac'
tical construction of written constitution.
becomes more binding and is not so readi'
ly set aside as Judicial Interpretation of a
statute.
There is always degree of safety in fol-
loving practical construction it leaves
things as they are, no disappointment. no
violation of rights follows. But 6y setting
aside such practical construction, acts of
the legislature may be set aside, which have
been in force for years.
This accounts for the strong language
made use of by the SupIeme Court of the
United States in delivering their opinion IN
the case of Stuart rs. Laird l Cranch, 299.
This case was decided in the year 1903
IA years after the adoption of the constiiu-
ton of the United States. The court in
delivering their opinion say "another rea-
son for the reversal of the Judgment of the
Circuit Court, is, that the Judges of the
Supreme Court, have no right TO sit as cir
cult Judges, not being appointed as such, or
in other words, that they ought to have dis
tinct commissions for that purpose. To
this objection, which is of recent date, it is
sufficient to observe, that practice and ac-
quiescence under it for period of several
years, commencing with the organization
of the Judicial system, affords an rressta-
bic answer, and has, indeed, fixed the con-
struction. 1t is n contemperaneous inter-
probation of the most forcibe nature. This
practical exposition is too strong and Obsti
nate TO De shaken or contradicted. OF
course the question is trest, and ought not
now 10 be disturbed.
The opinion of Mr.. Madison on this sub
ject in accordance with the opinion of the
supreme court, is contained in his letter 10
Mr.. Ingersol, and IN his letter to Mr.. CabelI,
both of which are in the appendix to Chip
man on Government
would make an extract from both let
tiers, but fearing that sufficient space could
not be allowed in your paper. | will con-
cIude with the following extract from the
letter from Mr.. Madison TO Mr.. Cabell.
"a further evidence in support of the con-
sttutional power TO protect and foster man.
ufacturers by regulations Of trade, an evi-
dence that ought, of itself, 10 settle the
question, is the uniform and practical sane
ton given TO the power, by the general
government, for nearly forty years with a
concurrence or acquicscence of every state
government, throughout the same period ;
and, 1t may be added, through all the vici-
tudes of party which marked the period
No novel construction, however ingenious
ly devised, or however respectable and pa
triotic its patrons, can withstand the weight
of such authorities, or the unbroken current
of so prolonged and universal Practice
And well it is that this cannot be done,
without the intervention of the same au-
thority which made the constitution. If it
could be so done, there would be an end to
that stability in government and in laws,
which is essential TO good government and
goUd laws, a stability, the want of which is
the imputation which has at all times been
levelled against republicanism, with most
effect, by its most dexterious adversaries.
The imputation ought never therefore, to
be countenanced by inovating construc-
tons without any plea of precipitancy or
a paucity of the constructive presidents
they oppose, without any appeal to material
facts newly brought to light; and without
any claim TO better knowledge Of the o.
rginal evils and Inconvenience, for which
remedies were needed, the very best keys
to the true object and meaning of all laws
! and constitutions.
sand may it not be fairly left to the IN
biased judgment of all men of experience
and of intelligence, to decide, which is
most TO be relied on for a sound and safe
! test of the meaning of constitution, uni
form Interpretation by all the successive
| authorities under il, commencing with its
birth, and continued for long period, thro'
the varied state of political contests or the
oPIhioh Vi every lie" ieSIStdtuic, hedtou as
it may be by the strife ofparties-or warp
ed, as often happens, by the eager pursuit
Of some favorite object-or carried away,
possibly, by the powerful eloquence or cap
tivating address ola few popular statesmen,
themselves, perhaps, influenced by the same
misleading causesl If the latter test is to
prevail, every new Legislative opinion might
make a new constitution, as the foot of ev-
cry new chancellor would make new STAN
dard of measure"
DANIEL CHIPMAN.
o. We have received the Oct. number
of the UNIvERsaLIsT & LADIES REPosITo-
49, . -. D.. NJ