The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-04-18
ADDRESS or THE DEMOCRATIC
STATE CONVENTION TO THE
PEOPLE OF VIRGINIA.,
ADOPTED 81 FEBRUARY, 1874, alounoSD. VIRGINIA.

Constitution Of the United States csnDot be-
come the law Of The land, whatever may be the
precedents 20 support IL; and that courts, rs
well as other departments, are bound by tiat
instrument:"-(a) and that precedenIs not IN
harmony with IL are OF no validity the next in
quiry which presents itselfis
Whether the duty Of the Executive is fulfilled
as conlended for hy Mr. Van Buren) by con
forming 10 the uniform practice Of The Erecu-
tre since the establishment Of the Government,
by not Directing To appropriations on the sole
ground Of extravaganza, aud by merely request
ing such appropriations only a. the public ser
vice may be reasonably expected TO required
oris a mere practice, without right, and contra
~ to the express provisions of the Constitution
itself. of greater validity than the preceden,s,
which we have seen to have no effect in caus-
ing an act rcpu.nanl to the Constitution TO be-
come the law OF the land or, in other words,
is mere practice OF higher authority than prcce-
denll
In determining the force of precedent, we
have seen that an act passed by the first Con-
grcss, in which were many me,nbers of the
Convention which framed the Consti luton of
the United States, and many members of the
State Conventions which ratified il, and which
therefore must be deemed co,emporaneous
exposition of that instrument of not less valid
NV than the letters Of Publius themselves, tina,
this most authoritative and complete legislative
exposition, with the executive appreciation, aud
judicial sanction under il, having received the
universal, unquestioned, and uniform acquies-
cence OF the country, and all this, too, from the
very first foundation of the Government, ii
might with justice be asserted that all these con-
curing and important circumstances should be
deemed proper precedent. Yet we have seen
that such a precedent, when properly tested and
examined, and being found "not in pursuance
Of this Constitution" is not binding upon the
consciences Of public servants, and that their
oath is to "ihs Constitution" and not TO the
presidents. What, then, are the wonderful
and magic influences of practice, unsupported
by all these imposing circumstances Shall a
mere sub silento practice, which has crepi in
unawares, be deemed of greater validity than
the presidents TO which we have alluded The
mere statement Of such proposition shows its
d.formity. No instance hdpins occurred since
the establishment ofthe Government in ,rhich
The Erecuti,e has interposed an objection 10
an opproDriatiou bin ON The sole erouud of
ertraragance: ellis duty in this respect has
/. been considered fulfilled bv reouestipo such an.
. prop,iation only as the public service NAV be
4. reasonably expected TO reouiren
Here is an assertion. which s,r;tes from the
the orea, s.feguo,d or m. Vs,o
mower in cases whore f,o,n wh,,over o,,s.
extrayspan, lamentations shall be made nv
co,o,s.s Th.r. ,,o o.o ,rh;oh b.,
the forms of the Constitution can never
he brouobt before the ;,a;ci,I ,r;hu,,,s
and ,h;s : or or ,hor H., ,h co
guard of the Jpdic;,,v ca, never ;o,e,nos.
claim il ,ssor,..J ,o a,r,o,r;,,e r,orer 70
an chico, mn, sn.o;6sa :, rho Co,s,;,,,;o, and
~ " 49,
not necessary or proper 10 carry any enumerated
power into effect OF all the powers enumefa-
,.d IN cha co,.,;,r,ioo tho, or o,nror,;.,;,,
~ Wv
money, is unquestionably, one Oh Tue most mpor-
,ant For il IS evident that there is not single
III =. - :: - =
Po"e' """'e''' ""''" ''''' "0' :" sumo way
or other, require money 10 carry II into opera
ton and If, in this vital particular, the Execu-
tive safeguard OF inierPos'ng objections posi-
lively enJoln,d by the express words oil The
Constitution Is stricken out OF that instrument,
and the safeguard Of the Judiciary cannot IN
terpose in this case II is evident that The Treasu-
ry has then lost that defence and shield, by which
the Constitution intended 10 defend the money
oil the People from pecula'ion and Tlunder.-
The qualified negative, or veto power Is thus
stricken out OF The CONSTITUTION not by amend
men' bu, by mere practice OF furnishing est'-
mates
Ihe Constitution TO be amended requires
most tedious and dliiicult exertion', and con-