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several branches of the government. It had been carried into execution throughout pc riod of twenty years, with annual legislative recOxDitions: in one instance indeed, witi a positive ramifcatiOn of 1t into new state 1; and with the entire acquiescenee Of all the local authorities, as we'll as of the nation at large; to all of which may be added. de- creasing prospect of any change tn the public opinion adverse to the cOnstitutiOnaIity ot such an institution. A veto from the Execu- tive under these circumstances. with an ad- mission of the expediency and almost neces- sity of the measure, would have been den- ance of all the obligations derived from a course of precedents amounting to the requi- site evidence ofthe national judgment and in tentiOn. ., r,.

 It has been contended that the authority of precedents was in that case invalidated by the consideration, that they proved only respect for the stipulated duration of the Bank with tolcration of it until the law should expire, and by the casting vote given in the Senate by the Vice President in the year 1911, against bill for establishing the National Bank, the vote being expressly glv- en on the ground of uncOnstitntionality. Bntif the law itself was ncOnstitutional,t the stipuIa- ton was void, and could not be constitution ally fulfilled or tolerated. And as to the negative of the Senate by the casting vote of the presiding officer. it is fact well under stood at the time, that it resulted not from an equality of opinions in that assembly on the power of Congress to establish Bank. but from junction of those who admitted the power, but dlsapproved the plar, with those who denied the power. On simple question of constitutionality, there was de- cided majority in favor of it.

 JAMES MADISON.