Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1819-07-02

now proceed 10 ehqu"e ~"
.;nles OF the common law apply 10 .ne
case Although I might cite from 'na'
code. examples of the extended eons'roc
80, ., the words of a grant tor the purpose
Of Implying what is not expressed,-As
that by the grant ola house, an oFcharo'
AMI curtiiage, may pass; ) (a) OF m'sn'
cite from II the must complete eVi1ehee
a., ,he intention is the most sacred rule
of Interpretation, am content to limit
nv observations to the phrases quoted oy
Hanpden
admit il to be principle OF common
law. THAT when man grants any thlng'-
no grants also tina, without which The gram
cannot have its efect;" and, by this vera
.etfect." understand, not stlnted nall
way effect, but full aud complete ehsc''
scc,rding 10 the intention OF tue paRieS'
,,5 10 their mutual accommodation. Thus,
a right OF way over the land OF another 'or
o particular purpose, whether gwen eX-
pressiy or by imelicanon, is to be SO exer'
cised as to effect ina; purpose completely
with con, enience to the grantee, and with
as little injury to the landholdef as is COM
patibie with the full enjoyment oil the
rjgh,. The same principle is lald down
by Lord Coke in the passage also quo'eu
by Hampien.-"For," says that great
lawyer, when the law doth give any
thing. it giveth, implied by whatsoever IS
necessary for the taking and enjoying OF
The same. And, therefore, the law gwen
an that which is convenient; viz Tree en-
try, egIess, and regress. as much as is ne
cessary." Hampden says The word con-
venient' is here convertible WIN 'neces'
sary." This is true. But it is not less
true that tue word necessary IS sere
convertible with convenient" Lord Coke
uses both words, as they are often used
m nearly the Same sense. when SO useu'
thew signify neither ieigned convenience,
nor strict necessity but reasonable
convenience, and qualified necessity :;
both to be regulated by the state oi the
parties. and tue nature OF the act 10 oe
done. In this case, according to Loro
Coke, the party having ingress' egfess'
and regress. in order to bring away his
own, is not obliged to take II away al
once or before it is ready; be may use a
reasonable convenience.
admit also, THAT the incident IS 10 oe
taken in reasonable and easy sense, ana
not strained to comprehend tsings remote,
unlikely, or unusual" By which l IN
derstand, that no strained construction ell
Their 10 include or exclude the incident, Is
admissible but that the natural construc-
ton is the true one. This is taking. the
incident in a reasonable and easy sense.
The doctrines of the common law then
OH this subj, ct, are not al variance Win
those more general principles which are
found i'm the laws OF nature ami natlons.
1lle rules prescribed by each are SUBJECT
ed 20 that great paramount law oil redson'
whicn peryades ana regulates all human
systems,
The object of language is to commuhi-
cate the ,rteuton Ut him who speaks, ana
the great duty of judge who conslrues an
instrument, is TO fad the intent on OF 'is
makers. There is no technical rule ap-
plicable to every case, which eUo,ns us
10 interpret arguments in uore restricted
sense than their words import. he ma
,ure of the instrument, the words that ere
employed, the object to be effected, are
all to be taken into consideration, and TO
have their due weight.
Although have demonstrated, as
trust, that the quotations OF Hampden
contradict, instead OF proving the Prlnci'
MI. he would extract from them, l should
not 30 Justice TO the subject, were to
dismiss it without further comment.
Tn, difference between the instruments
IN The examples taken IRON Vat'el. OF from
the books of the common law; and the con-
stituiion OF nation. is, | think, too appa-
rent to escape the observation OF any re-
fecting man.
Take that Of an invading army, which,
after advancing far into the country oil It's
enemy, stipulales for safe return home.
The parties 10 this contract are enemies
endsayoring 10 accomplish the ruin teach
other. The contract relates 10 single
operation, the mater circumstances con-