Samantha among the Brethren — Volume 7Holley, Marietta
General
Samantha among the Brethren — Volume 7
Holley, Marietta
Methodism -- Humor; Women in church work -- Methodist church -- Humor; Women's rights -- Humor
"The meaning of the Constitution is fixed when it is adopted, and is not
different at any subsequent time."
This same great author says:
"Intent governs. The object of construction applied to a written
constitution is to give effect to the intent of the people in adopting
it. In the case of written laws it is the intent of the lawgiver that is
to be enforced.
"But it must not be forgotten in construing our constitutions that in
many particulars they are but the legitimate successors of the great
charters of English liberty whose provisions declaratory of the rights
of the subject have acquired a well understood meaning which the people
must be supposed to have had in view in adopting them. We cannot
understand these unless we understand their history.
"It is also a very reasonable rule that a State Constitution shall be
understood and construed in the light, and by the assistance of the
common law, and with the fact in view that its rules are still in force.
"It is a maxim with the Courts that statutes in derogation of the common
law shall be construed strictly."
Here, sir, we have the language of Judge Cooley himself. It is as clear
as the noonday's sun, and he utterly repudiates the pernicious doctrine
that the Constitution can grow and develop so as to mean one thing when
it is adopted, and something else at another time. You can never inject
anything into a Constitution by construction which was not in it when
adopted. And you are bound, according to all rules of construction, to
give it the construction which was intended when adopted. No man of
common honesty and common sense dares to assert on this floor that it
was the intent when the Constitution was amended to admit women as lay
delegates. It follows inevitably that they are not constitutionally
eligible, and to admit them is to violate the Constitution of the
Church, which, as a Court, we are in honor bound not to do.
It has been asserted with gravity that the right to vote for a person
for office carries with it the right to be voted for unless prohibited
by positive enactment. This proposition is not true, and never has been.
We have seen, when the Constitution and Restrictive Rules were amended,
the intent was to admit men only as lay delegates. No General Conference
can, by resolution or decision, change the Constitution and Restrictive
Rules. Grant, if you please, that the General Conference, by its action
in 1880, had power to make women eligible in the Quarterly Conference as
stewards and class-leaders, this could not qualify her to become a lay
delegate in the law-making body of the Church. The qualifications of lay
delegates to this body must inhere in the Constitution and Restrictive
Rules, according to their intent and meaning when adopted. It is
fundamental law that where general disabilities exist, not simply by
statute, but by common law, the removal of lesser disabilities does not
carry with it the removal of the greater ones.
Public-domain text, read in full here on John Shaqi.
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