Democratic standard. [volume] (Georgetown, Brown County, Ohio) 1837-1850, 1843-04-25

| hlChA VI NbN Douh an uUUM
State rights9 Were they to have resist.
ed, and howl By force? Upon the
change ofparIies in 1900. it must be well
recolIectea that the greatest caIamitieS
were predicted as consequences Of that
event. Intentions wsre ascribed TO the
new occupants Of power, of violating the
public faith, and prOstrat;ng national cred
it.-Under such circumstances, that they
should act with great circumspectioD,
was quite natural. They saw in full Op.
Grafton bank chartered by Congress
who had as much right TO Judge of their
constitutional powers as their SUCCESSORS.
Had they revoked the law which gave it
existence, the institution would, in all
probability, have continued 10 transact
business notwithstanding. The judiciary
would have been appealed TO, and from
the known opinions and predictions of
the judges then composing il, they would
have pronounced the act ofincOrporation
as in the nature Of contract, beyond the
repeating power Of any succeeding Leg
islsture. And, sir, what a scene of con.
fusion would such state Of things have
presented: an act of Congress which was
law in the statute book, and nullty on
the judicial records! Was it not wisest
to wait the natural dissolution of the cor
poration, rather than 10 accelerate that
event by repeating law involving so ma.
ny delicate considerations?
When gentlemen attempt TO carry this
measure upon the ground Of acquiescencs
or precedent, do they forget that we are
not in Westminster Hall? In courts Of
justice, the utility of uniformity of deci-
sion exa.ts of the Judge conformity TO
The ad publication of his predecessor. In
he Interpretation and administration OF
the law, this practice is wise and proper,
and without it, every thing depending up
on the caprice Of The judge, we should
have no security for our dearest rights.
1t is far otherwise when applied to the
source of legislation. Here no rule ex-
lists but the constitution; and 10 legislate
upon the ground merely that our JrJde-
cessors thought themselves authorized,
under similar circumstances, to legislate,
is to sanctify error and perpetuate usur-
patton. But if we ale 10 be subjected 10
the trammels of precedents, claim, on
the other hand, the benefit Of the restric-
tions under which the intelligent Judge
cautiously receives them. 1t lis an estab-
lished rule that, TO give 10 any preVi.
Gus adjudication any effect, the mind Of
the Judge who pronounced it must have
awakened to the subject, and it must
have been a deliberate opinion formed
after full argument. In technical Ian.
guage, It must have been sub silentiO.-
Now, the acts of 1904 and 1907, relied
upon as pledges Cor the re-chartering this
company, passed not only without any
discussion whatever of the constitution
al power of Congress TO establish bank,
but, Iventure to say, without single
member having had his attention drawn
10 this question. had the honor of a
seat in the Senate when the latter law
passed probably voted for it; and | de-
clare, with the utmost sincerity, that l
never thought once on that point. and |
appeal confidently to every honorable
member who was then present, to sayif
that was not his situation.
This doctrine of precedents, applied to
the Legisla ture, appears to me TO be
fraught with the most mischieVuos cOnss-
ouences. The great advantage of our
system of Government over all OF hers is,
that we have written constitution ,deGn-
inc its limits and prescribing its authofi-
lies: and that, however for time, fac
lion NAV convuIse the nation, and pas
sion and party prejudice sway its function
aries, the season of reflection will recur,
when calmly retracing their deeds, all
aberrations from fundamental principle
will bo corrected. But once substitute
practice for priHciple-the exposition of
The constitution for the text of the con
s,,tutien, and in vain shall we leok for
the instrument in The instrument itself!
II will be as difIused and intangible as
the pretended constitution Of England,
ard Il must be sought for in the statute
hook in the fugatVe journals of Con-
oress. and in reports of the Secretary of
1be Treasury! What would be our COM
di,ion five were to take the interpIeta-
tions given 10 that sacred book which is,
or ought 10 be riterion of faith, for
the book itse We should find the Ho-
" Bible buried beneath the interpreta-
lions, CLOSES and comments, of councils,
synods and learned divines, which have
produced swarms of intolerant and furi'
rious sects, partaking less ofthe mildnsss.
and meekness of their origin, than OF
yendictive spirit and hostility towards
each other! They ought 10 afford us a
solemn warning to make that constitution, ..
which we have sworn to support, .ourin.
variable guide.
/ conceive then, sir, that we are not
empowered by the constitution, nor
bound by any practice under it, TO renew
, the bank; and might here rest the ar.
) gument. BUT as ihOre are strong ObieC.