The daily union., 1856-12-27
PRECEDEETs.

Precedens often the trouble Of rSsorng reason
and argument especially amsng lawyers As law is q
rule Of action regularity and uniformity in It's Appoa
ton necessary and this is perhaps best attained by
following the lead Of those who have gone before II is
sort Of Indian trail often very Obscure but which
raby indicates the shortest at least safest route to the
point to be attained But in citing political peceden
authorities in system like that of the United States,
governments totally different from our own, state Of
society having few points Of resemblance Exam
Piles drawn from feudal times the despOtsm Of kings in
what ia called 1.-THE middle ages applicable to the
present day nor is what King OF England has done OF
may do any warrant for the conduct of President Of the
United States the proceedings of Parliament laying
claim to omnipoenee, guide to Congress strictly
strained by constitutional provisions Our and
legislators should therefore, be careful from whence they
draw their precedens and most especially how they apply
them.
One of the most distinguished orators--we will not
say satesmen-he United States ever had once fell into
this error in question relating solely the constitutional
power Of the President exercised in veteng act OF
Congress renewing the charter u the Bank of the United
States. He maintained II act of despotsm, and
sustained his proposition by asserting that King of
England had Of late years ventured to exert such pre-
rogatye This certainly true but the distinguished
orator should have recoeced that the widely
different and the precedent therefore nappeabe Since the
ne of the Long Parliament the kings of England have had
occasion to exercise the power for various
They have always commanded majority of both houses
of Parliament by their absolute power of bestowing hon.
and rewards by the support of the church and the
astocracy and by the influence of that hereditary defer
the person and authority of the monarch which is
part of the nature Of Engishmen If in instances
(and very they have bee the Crown in minority
any great question: II could prorogue the Parliament at
pleasure dissolve it and another in the antc
patton of its being obsequious The President Of the
United States do neither of these He is prohibited by
express provision of the constitution and other mode of
arresing what he deems unwse unconstitutional legis
aon is left him than the exercise of the veto power The
example of the King of England has, therefore, bearing
the subject and is entitled the honor of prece
dent
On the whole we think precedents a sort of two
edged sword-hey cut both If consult the past
history Of the world shall find abundance of prece
dents for every outrage the rights of the people and the
principles of humanity and surely, they ten times
numerous than they are, they would afford no us-
caton to arbitrary kings corrupt judges ambitious
priests And yet if investigate the subject closely and
ascend to the headwaters Of despotsm shall almost in
varaby find that act of tyranny and injustice is
the parent of offspring and that its having
been done once is the great argument for doing again
One of the best and most liberal of modern hsoransMr
briefly and eloquenty traces the progress of
despotsm through its various stages "But find in
the history of all usurpng governments time changes
anomaly into system and injury into right examples be-
get CUSTOM and custom rpens into law and the doubtful
precedent of generation becomes the fundamental
i'm OF another"