Do you believe the lawmakers believe, assumed, understood or anticipated that the language they used in the U. S. Constitution to express their collective will was to be construed according to Pierre L'Enfant's plan for a national cathedral? If so, why?
The lawmakers probably believed, assumed, understood or anticipated that the language they used in the U. S. Constitution to express their collective will would be construed according to the common law rules of Construction.
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Evidence that the founders generally believed that legal instruments should be interpreted according to the common law rules of construction.Journals of the Continental Congress, 1774-1789
MONDAY, JUNE 17, 1782
Page 334
...The Committee [Mr James Madison, Mr Ezekiel Cornell, Mr Elias Boudinot] to whom the Report of the Commissioners for settling a Cartel &c. and also the Motions of Messrs. [James] Madison and [Arthur] Middleton were referred, Report,
That it appears to your Committee that the British Commissioners did refuse to accede to any measures for liquidating the accounts of past expenditures for the feeding of prisoners of war, or to make any provision for their future support.
That although by the articles of capitulation of York Town, the Capitulants were to be supplied with the same rations as were issued to our own soldiers, yet on every rational and known rule of construction, it must have been understood that the same was to have been done at the expence of the enemy, therefore,
Resolved, That His Excellency the Commander in Chief be instructed to acquaint the British General, that unless proper measures are taken for the payment of the Rations to be issued to the British Prisoners of War in possession of the United States, under the capitulation of York Town, as also for payment of the rations already issued to them, and that on or before the first day of August next, that orders will be given for reducing the ration to be issued in future to said Prisoners in such manner as Congress shall direct.
The Debates in the Several State Conventions on the Adoption of the Federal Constitution [Elliot's Debates, Volume 5]
Friday, August 17.
...The clause, "to declare the law and punishment of piracies and felonies," &c. &c., being considered, --
Mr. MADISON moved to strike out "and punishment," &c., after the words "to declare the law."
Mr. MASON doubts the safety of it, considering the strict rule of construction of in criminal cases. He doubted also the propriety of taking the power, in all these cases, wholly from the states.
Journals of the Continental Congress, 1774-1789
TUESDAY, OCTOBER 17, 1780
...No objection can be pretended against what is here said, except that the king of Great Britain was, at the time of the rupture with his Catholick Majesty, possessed of certain parts of the territory in question, and consequently that his Catholick Majesty had and still has a right to regard them as lawful objects of conquest. In answer to this objection, it is to be considered, 1. That these possessions are few in number and confined to small spots. 2. That a right founded on conquest being only coextensive with the objects of conquest, cannot comprehend the circumjacent territory. 3. That if a right to the said territory depended on the conquests of the British posts within it, the United States have already a more extensive claim to it than Spain can acquire, having by the success of their arms obtained possession of all the important posts and settlements on the Illinois and Wabash, rescued the inhabitants from British domination, and established civil government in its proper form over them. They have, moreover, established a post on a strong and commanding situation near the mouth of the Ohio: whereas Spain has a claim by conquest to no post above the northern bounds of West Florida, except that of the Natchez, nor are there any other British posts below the mouth of the Ohio for their arms to be employed against. 4. That whatever extent ought to be ascribed to the right of conquest, it must be admitted to have limitations which in the present case exclude the pretensions of his Catholick Majesty. If the occupation by the king of Great Britain of posts within the limits of the United States, as defined by charters derived from the said king when constitutionally authorized to grant them, makes them lawful objects of conquest to any other power than the United States, it follows that every other part of the United States that now is, or may hereafter fall into the hands of the enemy, is equally an object of conquest. Not only New York, Long Island, and the other islands in its vicinity, but almost the entire states of South Carolina and Georgia might, by the interposition of a foreign power at war with their enemy, be forever severed from the American confederacy, and subjected to a foreign yoke. But is such a doctrine consonant to the rights of nations, or the sentiments of humanity? Does it breathe that spirit of concord and amity which is the aim of the proposed alliance with Spain? Would it be admitted by Spain herself, if it affected her own dominions? Were, for example, a British armament by a sudden enterprise to get possession of a seaport, a trading town, or maritime province in Spain, and another power at war with Britain, should, before it could be re-conquered by Spain, wrest it from the hands of Britain, would Spain herself consider it as an extinguishment of her just pretensions? Or would any impartial nation consider it in that light? [As to the proclamation of the king of Great Britain of 1763, forbidding his governours in North America to grant lands westward of the sources of the rivers falling into the Atlantick ocean, it can by no rule of construction militate against the present claims of the United States. That proclamation, as is clear both from the title and tenor of it, was intended merely to prevent disputes with the Indians, and an irregular appropriation of vacant land to individuals; and by no means either to renounce any parts of the cessions made in the treaty of Paris, or to affect the boundaries established by ancient charters. On the contrary, it is expressly declared that the lands and territory prohibited to be granted, were within the sovereignty and dominion of that crown, notwithstanding the reservation of them to the use of the Indians.