Samantha among the Brethren — Volume 7 by Marietta Holley
page 62 of 65 (95%)
page 62 of 65 (95%)
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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 |
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