"--_Chicago Legal News_, vol.
iv., No. 15.
It has been said, with how much or how little truth I do not know, that
the subject of securing to women the elective franchise was not
considered in the preparation, or in the adoption of these amendments.
It is wholly immaterial whether that was so or not. It is never possible
to arrive at the intention of the people in adopting constitutions,
except by referring to the language used. As is said by Mr. Cooley, "the
intent is to be found in the instrument itself" (p. 55), and to that I
have confined my remarks. It is not a new thing for constitutional and
legislative acts to have an effect beyond the anticipation of those who
framed them. It is undoubtedly true, that in exacting _Magna Charta_
from King John, the Barons of England provided better securities for the
rights of the common people than they were aware of at the time,
although the rights of the common people were neither forgotten nor
neglected by them. It has also been said, perhaps with some truth, that
the framers of the original Constitution of the United States "builded
better than they knew;" and it is quite possible that in framing the
amendments under consideration, those engaged in doing it have
accomplished a much greater work than they were at the time aware of.
Pages:
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72