Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-02-27

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be construed by its language alone. lt is
so with Magma Char5a: and, at least,
the eotennporsneous or precedenteir
stances. acts and words fade partially
away. and become dim and indisunct,
as TIE monument on which they cast
their light grows hoary and venerable
with age.
But still. history is 8. lawful and legiti-
mate aid in the Interpretation OF instru-
ments of q public character, and them
| selves features of history and expressive
! OF the intentions and evidences Of the
! compacls of nations. It, even, caanot
be heard to contradict the plain and I'M
ambiguous language, not itself Leading 10
absurdity, or to unreasonable, lmpQsslDle
or Incredible consequences, of any in
strument of public nature. But to ex-
plain DOUBTFUL provisions, 10 show the
| true nature Of a compact, when the lan-
eIIage leaves that in doubt, or TO coTilrm
| the conclusions naturally and logically
| flowing from the language used, 1t may
reasonably and properly be, and ought
| in the interest Of truth to be- called IN
aid and the proof made by its testimony
| may often be decisive.
Constitutional questions, depending
upon construction Of the constitution
itself must be considered by the aid of
legal rules aud legal principles: words
aud terms known to the law must have
| the meaning affixed to them by the law
and the scope, effect and extent OF agen-
cies and the nature and effects OF relations
between party and party OF principal ana
agent, must be examined and ascetlAlneo
bv means of the well established legal
rules and principles, of general, ordinary
and known application. To resort to
anv other rules. or to neglect the use Of
these, would be, not to seek 10 discover
Truth, but to unkennel and unelash
Error.
These, with the processes Of genuine
logic and dialectics, are the only leglu-
mate weapons of controversy. Inc
means by which victory, real or appa-
rent. is too often obtained at the TAR and
in the councils Of nations, are TO be eX-
cluaed and repudiated. If allowable
thew are not creditable or honorable,
even there. The common trickGries OF
bastard logic, the taking for grained, by
the skilful manRuveriug Of phrhses, OF
the Gerry matter to be proved, sometimes
called begging the question: the careful
omission of some element 0t lhe
question the springing Co conclusions
over unbridged gaps OF barriers unTe-
moved, between the premises and them
( e
by substitution Of new one, alien to the
matter in hand or by turning tie hank
Of Rn impregnable position; stalng IN
correctly the positions of your adyer-
sary. or imputiug TO bin such as he does
not assume, in order that you may
answer these and not in reality reply TO
him; and that dextrOus management
of words well cOllOcated, and phrases
and sentences sounding and We'll
modulated, which seem to mean some
thing and TO lead TO something when
really they mean nothing and lead 10
nothing and prove nOthing,-al these,
with which Judges become familiar and
courts are sometimes misled, are more
espaciallv efficacious in leading astray
and deceiving the unlearned com
PEOPLE, unskiiied in dIalectics, reliant on
common sense, aud 10 whom legal terms
and legal arguments are Odi0us, ana
sound theories from which the practices
of governments and the most moment
Gus consequences flow, are distractions
ami the follies of metaphysics. The
common sense of Ignorance is the most
unsafe of guides, next after the sophistry
and disengeuuous and unfair diaiecties OF
the mere lawyer.
When we speak of Interpretation by
| legal rules aud principles, We do not
mean "that stunted verbal nterpreta-
| tfon,D by whose feeble and pedantic aid
great questions are too often sought to be
resolved, - an Interpretation always
| " straining tipt0e 70 peep over the syl-
| liable which stands between il and the
meaning.U But there can be no sound
and true Interpretation Of the cOnstltu-
| ion. otherwise than by the light of the
great principles and rules of interpreta-
! ton OF instruments, as established by
| that Common Law which cane over the
! Atlantic with our fathers. u was their
| j,,s Ct norma lOgUeHdi, their law and rule
] OF speech The men Of Massachusetts,
when they Plesded, in l6SS, for their
! charters and liberty thereunder, " did
! much quote lord Coke;' and the
/ c.ared that the great charter OF
! EngIand. alias Magma Charta, is the
only rule, privilege and jOiut safety
Of every free-b0rn Englishmal." When
the writ OF HabeJs Corpus wss withheld
the Colonists pleaded Magma Charta.
And Tyranny never spoke more auda-
ciousIy, until recently, than when one OF
the Judges replied: " Do MT think that
he lars 0f TnG7and f0V0W yOutO the ends
Of the earth ~ OF this Common Law
the rules of legal Interpretation are s
4 part; and they apply as fully In the con
I struciion Of consultations, as Of charters
deeds and statutes But they must bt
applied honestly, fairly and iutelii
gently; for they are the lnaXims anC
deduction6-f { honesty, truth JUSTICE ano
cnFgHta1t common sense.
| FOllof9ng the order Of time, We may
with propriety first inquire Of history
what Is her testimony. "lt Is fortuE
ate" Mr. Madison wrote, in 1888, 'wheI
disputed theories can be decided by un
disputed facts.r And he averred tbs
upd.sputed fact to be, that the cOustitu
lion iCuS made by the People, but by tht
People "as embodied into the severa
States. who were parties to III" ant
that, therefore, it was "made by thi
states, in their highest authoritative
capacity.u IN 1921 he wrote: q" Gu
| governmental system is established by
compact, not between the Govern
ment of the United Suites and tn
State Governments, but between tn
STATES rs Sovereign Communities
f stipglaung, each with the other,
. surrender Of certain portions of their re
spective authorities, TO be exercised by
/ | Common Government, ald 2 resarva
/ ton, for their own exercise, OF all IN
other authorities In 1929 he wrote
.tThe real parties to the constitutions
compact of the United States are th
ri States, that is, the people thereof re
D spectively, in their Sovereign character
e and they alone"
+ Is This corroborated OF sontradicted b
D History; established or confuted b
p | constructions, or by the Language
r needing no construction, OF the constitr
; ton itself?
d