Book-bot.com - read famous books online for free

Samantha among the Brethren — Volume 7 by Marietta Holley
page 62 of 65 (95%)
different at any subsequent time."


This same great author says:

"Intent governs. The object of construction applied to a written
constitution is to give effect to the intent of the people in adopting
it. In the case of written laws it is the intent of the lawgiver that is
to be enforced.

"But it must not be forgotten in construing our constitutions that in
many particulars they are but the legitimate successors of the great
charters of English liberty whose provisions declaratory of the rights
of the subject have acquired a well understood meaning which the people
must be supposed to have had in view in adopting them. We cannot
understand these unless we understand their history.

"It is also a very reasonable rule that a State Constitution shall be
understood and construed in the light, and by the assistance of the
common law, and with the fact in view that its rules are still in force.

"It is a maxim with the Courts that statutes in derogation of the common
law shall be construed strictly."

Here, sir, we have the language of Judge Cooley himself. It is as clear
as the noonday's sun, and he utterly repudiates the pernicious doctrine
that the Constitution can grow and develop so as to mean one thing when
it is adopted, and something else at another time. You can never inject
anything into a Constitution by construction which was not in it when
adopted. And you are bound, according to all rules of construction, to
DigitalOcean Referral Badge