Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1861-06-04
Construction and interpretation
the Constitution. a'e


It was common with those who, thirty years
ago, advocated the nullifcation doctrine, as il
is now with those who maintain the secession
dogma, to refer to the journals and debates IL
the Convention which framed the Federal Con-
stitution, in support Of their fsvorite theories
a Bot the difficulty with this Historical Evil
dence," as it is called, is that it may be used on
I, both sides of thel questions raised, aud tends
rather to unsettle than to settle the controversy
The true way of constituting and interpret
log the Constitution, as well as any other writ
ten instrument, is by attending to its letter and
spirit. The first question is, what have the
makers of the instrument said; and the next lie,
what was their intention 10 the language used,
as gathered from the context and the subject
matter. In constituting written contract be-
tween man and man, proof Of what the parties
said while making the contract and before y
was formally reduced to writing and signed
cannot be legally admitted in evidence to ex-
plain, vary or change the instrument. The writ
ten contract, as it stands, must speak Tor ITSELF
1t is we'll known that the trainers Of the Fed
eral Constitution, prior to as well as during their
session in Convention, entertained diverse opin-
kjns as TO what provisions should be incorpora-
ted into that instrument, and that several ol
them, before the draft Of the Constitution was
signed by them, modified or abandoned opn
ions which they had previously entertained and
defended The fact, therefore, that particu-
lar proposition was sustained or defeated By
such and such arguments, or BY the votes Of Ger
tain members, proves nothing as to the mean
ing and intention Of what was formally incorpo'
rated into the Constitution, or as to the reasor
why certain propositions we're rejected and lef
out of the instrument altogether 'i-a bog =.
~ The Constitution is to be regarded, not mere
ly as the work of men who met in Convention
to draft and submit it to the people, but as the
d work Of the peopS themselves, who, In Conyen
tions, 10 the several States, finally ratified and
I, adopted it. Prior to such ratification and adop
tion, IL had no force or validity whatever. This
ratification Of the people was the last solemn
act which made the Constitution perpetual
bond of union and of government between the
, people of the States so ratifJing the same, and
all that should thereafter unite Nth them, un-
der the terms and conditions Of the same bond
It was equivalent to the sealing and delivery of
q deed by the contracting partiee. But Il wac
ofa higher nature than any mere contract be-
tween individuals could possibly be. inasmuch
as ii was the establishment of a perpetual union
f and a constitutional government, mot by parties
TO a bond or contract, but by the whole people,
whose voice and intention to adopt the Consti
tuition as it then read, and as 1t now reads, was
manifested in Conventions in the several States
We shall be at sea without chart or compass
II we undertake to determine the meaning Of
3 the Constitution by the debatesin the Conven-
tion which framed the instrument, or in the
State Conventions which finally adopted It, and
put upon il the seal Of the peoples assent. AS
, between the two, we might with even more pro
2 priety look to the latter, as these State Con
ventions we're the bodies whose action alonel
gave the Constitution It's force aud validity
But in these Conventions, there was. a ever,
body knows, great diversity Of op,oiou. audi
members in each. before the dual vote Of "a
fcaiiou was taken chinged or rerae,ed their
former views. The sayitgs and votes III these
Conventions can, therefore. determine notbrg 4
asto ,be meapiog aod intent Of particular pro
visions In the Constitution. .saos
In reference TO Tsserling 10 external cotempo
rapeous history, for the purpose Of Calculating
and interpreting constitution or lSw, we may
here quote the words Of Judge Story. who oh
serves that "such a course would deliver thel
court over tointerminable doubts and difficult
ties, and we should be compelled 10 guess what
was the law from loose commentaries and de- \
bates, instead Of the precise enactments Of the|
! statnte.n This observation, II win be seen,|
applies With equal. II not greater force, TO the
Interpretation Of the Federal Constitution, than
IL does to that OF q legislative act. .7
Il isgenerally admitted that in the constrpc
ton Of the Constitution, as Of any other legal
instrument, the spirit and intention should
govern. But the spirit AID intention must be,