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came the fundamental law of the Territory of the peculiar creed of almost every religious Wisconsin. Numerous quotations are given by sect is based, and that such passages may reabim from the above documents, from the ulter- sonably be understood to incuicale the docances of Congress and Legislatures, and from trines predicated upon tben, an affirmative the writings of our early statesmen, to prove answer to the question sceins unavoidable. these propositions. That the learned counsel Any pupil of ordinary intelligence who listens have fairly demonstrated their accuracy is to be reading of tbe doctrinal portions of the freely conceded. More than tbat, counsel bave Bible will be more or less instructed thereby proved that many, probably most, of those in the doctrines of the divinity of Jesus Christ, charlers, and some of the State Constitutions, the eternal punishment of the wicked, the aunot only ordained and enforced some of the thority of the priest bood, the binding force and principles of the Christian religion, but secta- efficacy of the sacraments, and inany other conrian doctrines as well.

flicting sectarian doctrines. A most forcible They have also attempted, at considerable demonstration of the accuracy of this statement lengih, to slow that ibe Church of Rome is is found in certain reports of the American hostile to our common-school system. This Bible Society of its work in Catbolic countries court neither affirms por denies the accuracy of (referred to in one of the arguments), in which this position. Moreover, counsel on both sides instances are given of the couversion of several have argued, to some extent, as to wbether cer- persons from Romanism " through the readtain religious dogmas are true or false. ing of the Scriptures alone. That is to say,

None of these mallers are material or perti. the reading of the Protestant or King James pent to the questions to be determined on this version of the Bible converted Catholics to appeal. This case must be decided under the Protestants without tbe aid of comment or Constitution and laws of this state now in force, exposition. In those cases the reading of the and it is entirely iinmaterial to the decision Bible certainly was sectarian instruction. We thereof whether the interference of the courts do not know how to frame ad argument in supto compel a faithful execution of the law by part of the proposition that the reading thereof school boards is io voked by those who are hos- in the district schools is not also sectarian intile or friendly to our common-school system. struction. The question is. What is the law of the case? It should be observed in this connection that dot, What opinions are enlerlained by those tbe above views do not, as counsel seemed to who demand its enforcement? It is scarcely ibink they may, banisb from the district schools necessary to add that we have no concern with such text-books as are founded upon ibe fundathe truth or error of the doctrines of any sect. mental teachings of the Bible, or which conWe are only concerned to know whether in- tain extracts therefrom. Such teachings and struction in sectarian doctrines bas been or, exiracis pervade and ordament our secular litunder existing regulations, is liable to be, given erature, and are important elements in its value in the district schools of the State, and espe- and usefulness. . Such text-books are in the cially in tbe public schools of the City of Ed schools for secular instruction and righily so, gerton.

and the constitutional prohibition of sectarian 5. We come now to the more direct consid- instruction does not include them, even though eration of the merits of the controversy. The they may contain passages from which some term “sectarian instruction” in the Constitu- inferences of sectarian doctrive might possibly tion manifeslly refers exclusively to instruction be drawn. in religious doctrines, and the probibition is Furthermore, there is much in the Bible only aimed at such instruction as is sectarian, which can vot jus be characterized as sectathat is to say, instruction in religious doc rian. There can be no valid objection to the trines wbich are believed by some religious use of such matter in the secular instruction of sects and rejecied by others. Ilence, 10 leach the pupils. Mucb of it has greitt historical the existence of a Supreme Being of intinite and literary value wbich may be thus utilized wisdom, power and goodness, and ibat it is the without violating the coostitutional probibihighest clity of all men to adore, obey and love tion. It may also be used to inculcaie good Ilim, is noi sectarian, because all religious sects morals-that is, our duties to each otherso believe and teach. The instruction becomes which may and ought to be inculcated by sectarian when it goes further, and inculcates the district schools. No more complete code doctrine or doyma concerning which the re- of morals exists than is contained in the New ligious sccts are in conflict. Ibis we under. Testament, which reaffirms and emphasizes the sland to be the meaning of the constitutional moral obligations laid down in the Ten Comprobibition.

mandments. Concerning the fundamental That the reading from the Bible in the principles of moral ethics, the religious sects do schools, although unaccompanied by any com not disagree. ment on the part of tbe teacher, is “instruc- 6. It is urged on behalf of the School Board tion," seems 10 us too clear for argument. that the Constitution must be interpreted in the Some of the most valuable instruction a person light of the surrounding circumstances existing can receive may be derived from reading alone, when it was framed and adopted, and that conwithout any extrinsic aid by way of comment temp raneous exposition thereof is of great auor ex nosition. The question, therefore, seems thority. Cases in this court and elsewhere are to narrow down to this: Is the reading of the cited to these propositions. Undoubli dlyıbey Bible in the schools-not merely selected pasure correct rules of interpretation, aj plicable sages therefrum, but the whole of it-sectarian alike to constitutions, statutes and all writien instruction of the pupils? In view of the fact instruments, where the language employed is already mentioned, ilist the Bible containe mil. of uncertain import. But if the words of the merous doctrival passages, upon some of which I instrument are unambiguous, there is no room for construction outside the words themselves, / immigration had become very large, and was and tbe above rules cease to be controlling or coustantly iprreasing. The immigrants came important. It is proper, however, to consider from nearly all the countries of Europe, but the constitutional prohibition in the light of most largely from Germany and Ireland. As such rules of interpretation.

a class they were industrious, intelligent, honOn the subject of contemporaneous exposi est and thrifty-just the material for the detion, counsel refer us to the uniform action of velopment of a new State.

Besides they the department of public instruction in this brought with them, collectively, mucb wealth. Siate, from 1859 to the present time, recom. They were also religious and sectarian. Among mending the Bible as a text-book in the district them were Catholics, Jews and adberents of echools, as evidence that the constitutional prononny Protestant sects. These immigrants vision under consideration was not understood were cordially welcomed, and it is manifest the by the framers of that instrument, or the peo- convention framed the Constitution with referple who adopted it, as excluding from such ence to attracting them to Wisconsin. scbools the reading of the Bible. The action of Many, perbaps most, of these immigrants that department.upon the subject, showing, as came from countries in which a state religion it does, the opinions of the eminent scholars and was maiotained and enforced, wbile some of teachers who have presided over it for a long them were non-conformists and bad suffered series of years, is entitled to great weight, and under the disabilities resulting from their reon a doubtful question of construction would jection of the established religion. What more doubtless be held controlling. But we do not tempting indurement to cast their lot with us think the true interpretation of ibe constitu- could bave been held out to them than the astional provision under consideration is doubt- surance ibat, in addition to the guaranties of ful or uncertain, or that any extraneous aid is the right of conscience and of worship in their required in order to interpret it correctly. own way, the free district schools in which Hence cur judgment cannot properly be con- their children were to be, or might be, edu. trolled by the action of the department of pub- cated, were absolute common ground where lic inst. uction, or the opinions of its learned the pupils were equal, and wbere sectarian inchiefs. Tue faci probably is that the practice struction, and with it sectarian intolerance, of Bible reading in the district schools was not under which they had smarted in the old seriously challenged at the outset, and not sul country, could never enter. jected to close legal scrutiny until the policy of Such were the circumstances surrounding the department had become fixed. It was but the convention which framed the Constitution. natural that such policy should, 10 some extent In the light of them, and withi a lively appreat least, be thereafter adhered to.

ciation by its members of the horrors of seca It is further said that the practice of reading tarian intolerance, and the priceless value of the Bible iv the district schools prevailed gen- i perfect religious and seciarinn freetlom and erally after the adoption of the Constitution. equality, is it unreasonable to say that sectarian This is claimed to be a most persuasive fact instruction was thus excluded to the end that showing that it was not the intention of the the cbild of a Jew, or Catholic, or l'ni'arian, framers of the Constitutiou and the people to or Universalist, or Quaker, should not be comprohibit the practice. We do not know how pelled to listen to the stated reading of passages the fact was, but we must be permitted to of Scriplure, which are accepted by otbers as doubt whether the practice was ever a general giving the lie to the religious faith and belief one in the district schools of the State. We of their parents and themselves ? are quite contident that it is not so at the pres- It is argued that the reading of the Bible in ent time. It was said in argunient, and not the district schools is not included in the condenied, that the practice does not prevail in the stitutional probibition of seciariad instruction public schools in any of the larger cities in the therein, because the Bible is not specifically State. But were the fact otherwise, for the mentioned in the Constitution. It is said that reasons above stated, it would not be control. if it was intended that such reading was to be ling.

excluded, it wond bave been so provided in It may not be uninstructive to consider some direct terms. Tbe argument may be plausible, what certain other circumstances existing when but is believeil to be unsound. Constitutions the Constitution was adopted, which may fairly deal with general principles and policies, and be presumed to bave influenced the inserting do not usually descend to a specification of therein of the provision against ''sectarian in particulars. Such is tbe character of the prostruction" in the district schools.

vision in question. In general terms it excludes The early settlers of Wisconsin came chiefly sectarian instruction, and the exclusion infrom New England and the Middle Stales. cludes all forms of such instruction. Its force They represented the best religious, intellectual would or might have been weakened bad the and moral culture, and the business enterprise attempt geen made to specify therein all the and sagacity of the people of the States from methods by which such insiruction may be wbich they came. They found bere a Terri. imparted. tory possessing all the elements essential to the We bave a statute upon this gcneral subject development of a great State. They were in- which must not be overlooked. Sec. 3, chiap. tensely desirous that the future State should be 251, Laws 1883, amending $ 514, Rev. Siat., settled and developed as rapidly as possible. provides that io cilies "ro text-books shall hé They choose from their number wise, saga. permitted in any free public schools which will cious, Christian men, imbued with the senti- have a tendency to inculcate sectarian ideas." ments common to all, to frame their Constitu. Of course this applies to the public schools of tion.

the City of Edgerton. This statute certainly em. The convention assembled at a time when I phasizes the constitutional probibition, although it may not extend its scope. It is, in effect, a But however this may be, it may safely be legislative declaration that the use of text-books said, and nothing further need be said upon wbich bave “a lepdency to inculcate sectarian be subject, that when a man's conscience co ideas” is sectarian instruction, prohibited by incides with the law, and he obeys its dictates, the Constitution.

be will be protected. For the reasons above stated, we cannot 9. Wbether the reading of the Bible in the doubt that the use of the Bible as a text-book public schools is religious worship, and whether in the public schools, and the stated reading it constitutes the school-bouse for the time bethereof in such schools, without restriction, ing a place of worsbip, and, if so, whether bas a tendency to inculcate sectarian ideas," such reading during scbool hours as a school and is sectarian instruction, within the mean exercise against the consent of a taxpayer, ing and intention of the Constitution and the compels him to support a place of worship. Statute.

within the meaning of section 18 of the Bill of 7. The answer of the respondent states that Rights, are questions which will not be bere the relators' children are not compelled to re discussed. These questions are considered in main in the school-room wbile the Bible is be an opinion by Mr. Justice Cassoday tiled hereing read, but are at liberty to withdraw there with. from during the reading of the same. For 10. A number of cases in different States, this reason it is claimed that the relators have supposed to have a bearing upon the main do good cause for complaint, even ibough such question here considered and determined, have reading be sectarian instruction. We cannot been cited, and quotations made therefrom at give our sanction to this position. When, as considerable length by the respective counsel, in this case, a small minority of the pupils and by the circuit judge in bis elaborate opinin the public school is excluded for any cause ion overruling the demurrer to the answer. from a stated school exercise, particularly None of the States in which those decisions when such cause is apparent hostility to the were made seem to have in their Constitutions Bible, which a majority of the pupils have a direct probibition of sectarian instruction in been taught 10 revere, from that moment the the public schools. It is believed that this excluded pupil loses caste with bis fellows and State was the first which expressly embodied is liable to be regarded with a version, and sub-lhe prolibition in its fundamental law, and we jected to reproach and insult. But it is a sf. are not aware of any direct adjudication of the ficient refutation of the argument tbat the question under consideration, by any court practice in question tends to destroy the equal previously to Judge Benneit's decision in this ity of the pupils whicb the Constitution seeks case, except (as we are informed) the late Judge to establish and protect, and puts a portion of Stewart decided in some case before bin in the them 10 serivus disadvantage in many ways Circuit Court of Sauk County (but at what with respect to the others.

time we are not advised) that the Constitution 8. The foregoing views render unnecessary prohibits the reading of the Bible in the district any extended discussion of the question whether schools. Practically, therefore, we are now such reading of the Bible is or may be a viola- determining a question of first impression, and tion of the rights of conscience guaranteed by it must pecessariiy be determined upon general section 18 of the Bill of Rights art. 1, Const.). principles of law. Cases from which only There has been considerable discussion concern. mere inferences, more or less remote, can be Ing the limitations of that right. Tbat there deduced, afford but little aid to correct judg. are limitations thereto must be concedeil. For ment in this case. Hence, ihc cases cited bave example, a Mormon may believe that the prac not been specially referred to in this opinion. tice of polygamy is a religious duty, yet no Some of them are nearer iu point on the quescourt would regard bis conscience in ibat be lion considered by Mr. Justice Cassoday, and he balf for a moment should he put his belief into has referred to and commented upon them in practice.

bis opinion. The petition alleges that, in addition to their 11. The drift of some remarks in the arguobjections to the King James version, the rement of counsel for the respondent, and perlators bave conscientious scruples against the baps also in the opinion of Judge Bennett, is reading of any version of the Bible to their that the exclusion of Bible reading from the childıen, either in the district schools, or else district schools is derogatory to the value of where, without authoritative note, comment or tbe Holy Scriptures, a blow to their influence exposition, because the practice may lead their upon the conduct and consciences of men, and children 10 adopt dangerous errors, and irre-disastrous to the cause of religion. We must ligious faith, practice and worship. When we emphatically reject tbese views. The priceless remember that wise and good men have strug-truihs of the Bible are l'est langht to our youth gled and agonized through the centuries, to in the church, the sabbath and parochial schools, find the correct interpretation of the Scriptures, the social religious meetings, and above all by employing to that end all the resources of great parents in the home circle. There i hose truilis intellectual power, profound scholarsbip and may be explained and enforced, the spiritual exalted spiritual attainments, and yet with such welfare of the child guarded and protecied, widely divergent results; and furiber, that the and bis spiritual nature directed and cultivated relaiors conscientiously believe ibat their in accordance with the dictates of the parental church furnishes thn means, and the only conscience. The Constitution does not intermeans, of correct and infallible interpretation, fere will such teaching and culture. It only we can scarcely say their conscientiou 'scruples banishes theological polemics from the district agninst the realing of any version of the Bible schools. It does this, pot because of any hosto their children, unaccompanied by such in- tility to religion, but because the people who terpretation, are entitled to no consideration. adopted it believed that the public good would thereby be promoted, and they so declared in ing this sect," and persuaded "them concerning the preamble. Religion teaches obedience to Jesus both from the law of Moses and from the law, and flourishes best where good govern-propbets.” Of course “the sect of the Nazament prevails. The constitutional probibition renes,” subsequently acquired the more hovor. was adopted in the interests of good govern- able name of Christians." As the centuries ment, and it argues but little faith in the vital rolled on and Christians became more numerity and power of religion to predict disaster to ous, disputes arose among themselves, from its progress because a constitutional provision, time to time, in matters of faith, dortrine, prac. epacted for such a purpose, is faithfully exe- tice and interpretation of certain passages of cuted.

scriptures, and these led to repeated divisions The order of the Circuit Court overruling the and subdivisions until the different sects of demurrer of the relator8 to the answer of the Christians became very numerous. There is School Board must be reverserl, and the cause re- no purpose bere of indicating that the Holy manded with directions to that court to give Scriptures,—the Old and New Testament, - it judgment for the relators on the demurrer, considered as a whole and fully comprebended, awarding a peremptory writ of mandamus, as would exclude from the promises iberein con. prayed in the petition.

tained any of the human race complying with

The essential conditions therein prescribed; but Cassoday, J..

since every translation made by man must be The gravity of the questions involved this more or less imperfect, and since the applicacase are fully appreciated. They bave received tion of particular passages is liable to be made the careful consideration of all the members of with partial apprehension, and biased or even the court. The writing of the formal opinion distorted judgment, it is easy to perceive how bas fallen to the lot of Mr. Justice Lyon. At texts of scripture may be read with such an bis suggestion a separate presentation of one emphasis and tone as to become excessively seco brancb of the case is bere made. Before enter- tarian. While the members of any pariicular ing upon its direct discussion, however, but as sect may be willing to have one of their own leading to it, a few general observations may number read the Bible in the public schools, not be wholly unprofitable. It is undoubtedly yet they are not always willing to concede ihé true, as once observed by Mr. Justice Baldwin, ibe same to a member of a seci believing in an that “in the construction of the Constitution opposite faith or doctrine. But ibe law is im. we must look to the history of the times, and partial and bas given po rights to any one scet examine the state of things existing when it that are not equally secured to every other. was framed and adopied, to ascertain the old The relation of the church to the Scriptures law, the mischief and the remedy." Rhode Is- bas been a subject of controversy ever since land v. Massachusetts, 37 U. S. 12 Pet. 723 [9lbe Reformation. Upon that question even L. ed. 1260)

Protestants have differed. Some have gone A few years later Mr. Justice Story said: so far as to say that “the Bible and the "Ferhaps the safest rule of interpretation, af- Bible only is the religion of Protestants;" ter all, will be found to be, to look to the pat while ouers have declared tbat “the liv. ure and objects of the particular powers, duties ing church is more than the dead Bible, and rights, with all the lights and aids of con. for it is the Bible and somebing more. temporary bistory; and to give to the words of The relations of church and state have been each just such operation and force, consistent the subject of discussion for many centuries; with their legitimate meaning, as may fairly and at certain times and in certain nations of secure and aitain the ends proposed.' Prigg Europe one particular sect bas been the estabv. Pennsylrania, 41 U, S. 16 Pet. 610, 611 (10 lished church of the state, and at other times L. ed. 10871.

or in other pations the belief of some otber sect These observations were of course made with bas been the established religion,- while other reference to our Federal Constitution, but they sects, not so favored, were either exterminated are equally applicable to our State Constitu: altogether, or permitted to remain op condi. tion. In so far as the rules there suggested tions more or less disagreeable and humiliatmay aid in the construction of the provisionsing. These discriininations vaturally geper of our Constitution here involved, they may ated bitterness, epmities and even cruel war properly be invoked. It is probably in this among brethren. Many of the eariy immivicw ibat counsel have dwelt so extensively up grants to this country bad felt the despotism on the history of the Christian Church and its of such intolerance and came bither in consestatus under different charters and Constitu. quence of it. They came from different coun. tions, althougb much of it has a very remote, iries of Europe and consequently bad exif any, bearing upon the questions here pre perienced different types of intolerance. Some sented. All are familiar with the fact that the of them were as parrow-minded in such mat. Jews, in the time of the apostles, were divided ters as their oppressors bad been, and bence no into “the sect of the Sadducees” and “the sect sooner acquired civil power than they them. of the Pharisees.” Paul declared in the pres- selves became intolerant toward all sects except ence of Agrippa "that after the straitest sect their own. Such divisions, controversies and of their religion, he bad "lived a Pharisee;" contentions among professing Christians were and when Tertullus charged bim with being a supposed by many to be repugnant to the subring leader of the sect of the Nazarenes,” he lime teachings and fraternal spirit revealed to boldly confessed “that, after the way which the world through Jesus Christ. Many of the they." c lled “beresy,” or, as the new version colonists—especially when they came to the bas it, "a sect,” he liad worshiped or served the formation of state governments-proved to be God of bis fathers; and afterwards to the chief sufficiently broad and liberal to exact nothing of the Jews" at Rome, he discoursed “concern- i for themselves or their particular sect that

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they were nnwilling to grant to every other | Escanaba Co. v. Chicago, 107 U. 8. 678 (27 L. ed. citizen and bis particular sect. This benign 442]; Carduell v. American River Bridge Co. 113 spirit seemed to extend as its wisdom became U. 8. 205 (28 L. ed. 959); Huse v. Glover, 119 more manifest by experience. True, the Con-0. S. 543 (30 L. ed. 487]; Sands v. Manistee stitution of Souih Carolina, adopted in 1778, River Imp. Co. 128 U. S. 288 (31 L. ed. 149); declared that the "Christian Protestant Re- Willamette Iron B. Co. v. Latch, 125 U. 8. 9 ligion” was the “established religion" of that (31 L. ed. 632). Siate; hut ibat was modified in 1790 so as to The question therefore recurs whether the secure freedom and prevent discrimination or provisions of our State Constitution, bere inpreference in worsbip or religion. The Convolved, when construed with reference to the stitution of Nortb Carolina of 1776_excluded evils, or supposed evils, thereby sought to be from office all non-believers in the Protestant suppressed, and the object or purpose thereby religion or the divine authority of the Old or sought to be secured, permitted or probibited New Testament; wbile the Constitution of Del. the stated reading of the Bible as a text book aware, of the same yeur, made every official sub in the public schools. Wisconsin, as one of scribe to a confession of faith; but that was ab- the later States admitted into the Union, hav. rogated sixteen years afterwards, and equal pro-ing before it the experience of others, and tection was extended to all sects. So ihe first probably in view of iis heterogeneous populaConstitutions of Maryland, Massachusetts and iion, as mentioned in the opinion of my assoNew Hampsliire, and, later, of Connecticut, ciate, bas, in her Organic Law, probably furprovided for the support by taxation or other- nished a more complete bar to any preference wise, of the Cbristian or Protestant Christian for, or discrimination against, apy religious religion, with more or less toleration guuran- sect, organization or society, iban any other teed to other sects. Such direct sanction and State in the Union. Our State Constitution toleration seem to have been inspired by a lin. expressly prohibiis any religious test as a qualigering attachment for, or a sympathy with, the fication for office, or the exclusion of any witEuropean theory of union between church and dess in consequence of his religious opinion. state. But the several States of New Jersey, $ 19, art. 1. New York, Pennsylvania, Vermont and Vir: Aside from the clause just referred to, and gipia from the first, and later Maine and Rhode the one against sectarian instruction, so fully Island of the New England States, and every considered by my brother Lyon, our State or nearly every State admitted into the Union Constitution provides that, (1) "lhe right of after the organization of the federal govern every man to worship Almighty God according ment, expressly secured, in effect, in their re- lo tbe dictates of bis own conscience sball never spective Siate Constitutions, the equal freedom be infringed; (2) nor shall any man be comof every religious sect, organization and society, pelled to attend, erect or support any place of with a guaranty aguinst preference or discrim- worsbip, or to maintain any ministry, against ipation. So firm had become the public con bis consent; (3) por sball any control of or inviction in favor of a broad liberality and equal terference with the rights of conscience be perprotection in such matters, at the iime of the mitted, or any preference be given by law to organization of our national government, tbal, any religious establishments, or modes of woralthougb the Federal Constitution, as origin- ship; (4) pur sball any money be drawn from ally adopted, did not mention nor refer to the the treasury for the benefit of religious soci. subject, yet the first session of the first Con- eties, or religious or theological seminaries." gress proposed tbe first amendment to that in- $ 18, art. 1. strument probibiting Congress from making The decisions of courts in States having no any "law respecting an establishment of relig: such constitutional probibition, of course, can ion, or prohibiting the free exercise thereof,” bave no applicatico to the case at bar. The notwithstanding Do power bad therein been question tbus presented is not one of sectarian granted to enact such a law, and no such law predilection, nor of religious belief, por of theocould be legally enacted without such grant of logical conception, vor of sentiment, but one power first being made. The learned counsel of fundamental law. It is no part of the duty for the School Board contends, in effect. that of this court to make or upmake, but simply the third of the "articles of compact between to construe, this provision of the Constitution. the original States, and the people and States” | All questions of political and governmental carvell out of the old “Noribwest Territory," ethics—all questions of policy, -must be reis still in force in Wisconsin; and that under it garded as having been fully considered by the this State is required and bound to directly fos-convention which framed, and conclusively ter and encourage "religion” through schools determined by the people wbo adopted, the and education. Assuming such to be the Constitution more than forty years ago. The meaning of the article, which is, to say the oath of every official in the State is to support least, debatable, still it is only necessary bere to that Constitution as it is, and pot as it might say, in addition to what is said by my associ- have been. Wisconsin Cent. R. Co. v. Taylor ate, that, by the adoption of our State Consti Co. 52 Wis. 58; Lake Co. v. Rollins, 130 U. S. tution, and the admission of the Siate into tbe 672 (32 L. ed. 1063). Union, that article became superseded and That oath is to be kept sacred, with strict ceased to be longer in force. This has in effect integrity of purpose, and without any sectarian, been firmly settled by the repeated decisions of religious or political bias or equivocation. In the Supreme Court of the United States. Pol- considering the meaning of the section of the lard v. Hagon, 44 U. S. 3 How. 212 [11 L. ed. Constitution quoted, we are to remember that 565); Permoli v. First Municipality, 44 U. S. 3 canon of construction adverted by my asso How. 609 [11 L. ed. 742]: Strader v. Graham, ciate, and aptly expressed by Marshall, Ch. J., 51 C. S. 10 How. 94, 97 (13 L. ed. 341, 342]; I in these words: “Although the spirit of an in

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