FREE BOOKS

Author's List




PREV.   NEXT  
|<   126   127   128   129   130   131   132   133   134   135   136   137   138   139   140   141   142   143   >>  
l meaning should be carried into effect, its legal meaning would nevertheless remain the same; for no judicial tribunal could lawfully allow the parties to it to come into court and allege their dishonest intentions, and claim that they be substituted for the legal meaning of the words of the instrument. [Footnote 27: The Supreme Court say, "The instrument, when it came from their hands, (that is, the hands of the convention,) was a mere proposal, without obligation or pretension to it." "The people were at perfect liberty to accept or reject it; and their act was final."--_M'Cullock_ vs. _Maryland_,--4 _Wheaton_ 403-4.] [Footnote 28: The Supreme Court of the United States say: "The intention of the instrument must prevail: _this intention must be collected from its words_."--_Ogden_ vs. _Saunders_,--12 _Wheaton_, 332. "The intention of the legislature is to be searched for in the words which the legislature has employed to convey it."--_Schr. Paulina's Cargo_ vs. _United States_,--7 _Cranch_, 60.] [Footnote 29: "Elliot's Debates," so often referred to, are, if possible, a more miserable authority than Mr. Madison's notes. He seems to have picked up the most of them from the newspapers of the day, in which they were reported by nobody now probably knows whom. In his preface to his first volume, containing the debates in the Massachusetts and New York conventions, he says: "In the compilation of this volume, care has been taken to search into contemporary publications, in order to make the work as perfect as possible; still, however, the editor is sensible, from the daily experience of newspaper reports, of the present time, that the sentiments they contain may, in some instances, have been inaccurately taken down, and in others, probably too faintly sketched, fully to gratify the inquisitive politician." He also speaks of them as "rescued from the ephemeral prints of that day, and now, for the first time, presented in a uniform and durable form." In the preface to his second volume, which is devoted to the Virginia convention, he says the debates were reported by an able stenographer, David Robertson; and then quotes the following from Mr. Wirt, in a note to the life of Patrick Henry: "From the skill and ability of the reporter, there can be no doubt that the substance of the debates, as well as their general course, are accurately preserved." In his preface to the third volume, embracing the North C
PREV.   NEXT  
|<   126   127   128   129   130   131   132   133   134   135   136   137   138   139   140   141   142   143   >>  



Top keywords:

volume

 

preface

 

instrument

 

intention

 

Footnote

 

debates

 

meaning

 

legislature

 

perfect

 

United


Wheaton

 

States

 

convention

 
reported
 

Supreme

 

instances

 
experience
 
newspaper
 

sentiments

 

present


reports

 

search

 
contemporary
 

embracing

 

compilation

 

publications

 

editor

 

inaccurately

 

general

 

quotes


Robertson

 

stenographer

 

substance

 

Patrick

 

ability

 

reporter

 

Virginia

 

gratify

 

inquisitive

 

politician


sketched

 

preserved

 

faintly

 
accurately
 

speaks

 

durable

 

devoted

 

uniform

 
presented
 
rescued