Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/271

 CH. XXXIV.] and in esse, the charter becomes a contract with the corporators.

§ 1389. It has not been thought any objection to this interpretation, that the preservation of charters, and other corporate rights, might not have been primarily, or even secondarily, within the contemplation of the framers of the constitution, when this clause was introduced. It is probable, that the other great evils, already alluded to, constituted the main inducement to insert it, where the temptations were more strong, and the interest more immediate and striking, to induce a violation of contracts. But though the motive may thus have been to reach other more pressing mischiefs, the prohibition itself is made general. It is applicable to all contracts, and not confined to the forms then most known, and most divided. Although a rare or particular case may not of itself be of sufficient magnitude to induce the establishment of a constitutional rule; yet it must be governed by that rule, when established, unless some plain and strong reason for excluding it can be given. It is not sufficient to show, that it may not have been foreseen, or intentionally provided for. To exclude it, it is necessary to go farther, and show, that if the case had been suggested, the language of the convention would have been varied so, as to exclude and except it. Where a case falls within the words of a rule or prohibition, it must be held within its operation, unless there is something obviously absurd, or mischievous, or repugnant to the general spirit of the instrument, arising from such a construction. No such