Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1874-12-24

be ascertaincd from their own language, inter-
preted by the tribunal they established for this
purpose in accordance with tbs objects and
purposes Of the great charter OF liberty, equali-
ty, justice and progress which those masters Of
political science framed.
II the meaning of the constitution Is to be
certained from extrinsc sources, how are we
to determine what considerations ought and
What ought not to control its construction!
Why may not laws authorizing the unishment
OF spiritual manifestations, SO called rs witch
erait.-or the erection Of the whipping post In
our public squares, as legitimate mode OF
punishment. receive the sanction Of the con-
stilutionf The history Of the parent common
wealth furnishes precedents for such enact
ments. even under the domain of the comm IN
law. How long would our statues removing
the disabilities Of married women and OF par
ties 10 be witnesses, and our prohibitory liquor
law, stand the test now relied upon TO debar
women from the right to hold the office of jus
tice OF the Peaces What advantages, in fine,
has our written constitution. thus construed,
over the unwriten constitution Of England.
II is obvious that they are more mythical than
real.-eyer liable TO vanish from their grasp
wlwn the people approach them for protection
IT such principle OF construction, up IN so
vital question Is allowed TO obtain, there Is
great reason 10 fear that written constitutions
will soon come 10 be of little value. and the ex-
pertinent OF setting limitations 10 power speed
lily prove abortiye. Indeed. the history of jur-
isprudence, unfortunately. Is not without such
Inc precedent OF Outiawlug the
freedmen b cause. by such rule Of constrtIe-
ton. their race had no rights that the domin-
ant race was bound To respect l. no less repug-
II mt Ia the judic nj than the phiianthropic
mind. and deserves TO be Stunned as pcryer-
sion OF the law, rather than followed rs author
ty. The constitution Il it,el the rule for test
ing the validity of customs. usases and laws,
and not they the rule for interpreting the con
stitution.
This principle Of Interpretation is In strict
fl,a rttlr l,.t.l
Justice Marshall in Gibboa rS. ogden, q, Wheat,
Isl we know Of no rule" says that eminent
luri>t. for interpreting the extent Of the powers
conferred by the constitution. other than il
given by the language of the instrument that
coniers them. taken IN connection with the pur-
poses for which they were conferred"
III VIII not answer To strain, subordinate and
dwarf the constitution Of this state. That in
strumcnt does not bind the people TO the per-
pvthai observance OF pre-existing customs
u>agcs, constructions and laws which form no
part oi 1t, but IL rather emancipateS them from
the cNclu>lveness, monopocs. Inequalities and
injustice. II any there BE-. that arise therrfrou.
Aside from the single discrimination in respect
Ia suffrage In certain specific eases the eon,ti-
tuition does not determine the rights Of the peo-
Die, according 10 caste. color or sex, but leaves
them Tree within specified limitations. to secure
the objects stated IN its preamble in the best
possible manner. The plain people need no
judicial handbook to enable them TO learn
their rights under the organic law OF their gov
eminent; II Is so plain in this respect that he
that runs may read, and understand his rights
fhere ~. In hue, one brief aud conclusive
answer TO the questions propoanded to the
III mb3rs of the court; IL i that the burden is
upon those who ny the right Of women 10
holi the ofhc' IN question To show afiirmatiyelv
thtt the constitution prohibits them from so
dong. This they certainly have not done
Ihcr being no constitutional inhibition the
right 10 bold hat Office attaches alike to both
female aud male citizen.
|. therefore. answer the first question in the
Affirmative. aud the 'coni also though | am
Of the opinion that further legislation is nee
ss>ary 10 authorize the appointment in qucs-
ton. have the honor TO BE-,
Yours faithfully. c. DfCKEEsox,