Samantha Among the Brethren, Complete

by Marietta Holley

In the able address read by Bishop Merrill, containing the views of the Board of Bishops, he says:

“For the first time in our history several 'elect ladies' appear, regularly certified from Electoral Conferences, as lay delegates to this body. In taking the action which necessitates the consideration of the question of their eligibility, the Electoral Conferences did not consult the Bishops as to the law in the case, nor do we understand it to be our duty to define the law for these Conferences; neither does it appear that any one is authorized to decide questions of law in them. The Electoral Conferences simply assumed the lawfulness of this action, being guided, as we are informed, by a declarative resolution of the General Conference of 1872, defining the scope of the word 'laymen,” in answer to a question touching the classification and rights of ordained local and located ministers. Of course, the language of that resolution is carried beyond its original design when applied to a subject not before the body when it was adopted, and not necessarily involved in the language itself. This also should be understood, that no definition of the word 'laymen' settles the question of eligibility as to any class of persons, for many are classed as laymen for the purposes of lay representation, and have to do with it officially as laymen, who are themselves not eligible as delegates. Even laymen who are confessedly ineligible, who are not old enough to be delegates, or have not been members long enough, may be stewards, class-leaders, trustees, local preachers and exhorters, and, as such, be members of the Quarterly Conference, and vote for delegates to the Electoral Conference without themselves being eligible.

“The constitutional qualifications for eligibility cannot be modified by a resolution of the General Conference, however sweeping, nor can the original meaning of the language be enlarged. If women were included in the original constitutional provision for lay delegates, they are here by constitutional right. If they were not so included, it is beyond the power of this body to give them membership lawfully, except by the formal amendment of the Constitution, which cannot be effected without the consent of the Annual Conferences. In extending to women the highest spiritual privileges, in recognizing their gifts, and in providing for them spheres of Christian activity, as well as in advancing them to positions of official responsibility, ours has been a leader of the Churches, and gratefully do we acknowledge the good results shown in their enlarged usefulness, and in the wonderful developments of their power to work for God, which we take as evidences of the divine approval of the high ground taken. In all reformatory and benevolent enterprises, especially in the Temperance, Missionary, and Sunday-school departments of Church-work, their success is marvellous, and challenges our highest admiration. Happily no question of competency or worthiness is involved in the question of their eligibility as delegates. Hitherto the assumption underlying the legislation of the Church has been that they were ineligible to official positions, except by special provision of law. In harmony with this assumption, they have been made eligible, by special enactment, of the offices of steward, class-leader, and Sunday-school superintendent, and naturally the question arises as to whether the necessity for special legislation, in order to their eligibility to those specified offices, does not indicate similar necessity for special provision in order to their eligibility as delegates, and if so it is further to be considered that the offices of steward, class-leader, and Sunday-school superintendent may be created and filled by simple enactments of the General Conference itself; but to enter the General Conference, and form part of the law-making body of the Church, requires special provision in the Constitution, and, therefore, such provision as the General Conference alone cannot make.”

Now, sir, this language moves forward with a grasp of logic akin to that used by Chief Justice Marshall, or that eminent jurist, Cooley, from whom I beg leave to quote. Cooley, in his great work on “Constitutional Limitations,” says:

“A Constitution is not made to mean one thing at one time, and another at some subsequent time, when the circumstances may have changed as perhaps to make a different rule in the case seem desirable. A principal share of the benefit expected from written Constitutions would be lost, if the rules they establish were so flexible as to bend to circumstances, or be modified by public opinion.

“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.