Establish

This word occurs frequently in the constitution of the United States, and it is there used in different meanings: (1) To settle firmly, to fix unalterably; as, to establish justice, which is the avowed object of the constitution. (2) To make or form; as, to establish a uniform j-ule of naturalization, and uniform laws on the subject of bankruptcies, — ^which evidently does not mean that these laws shall be unalterably established as justice. (3) To found, to create, to regulate; as, congress shall have power to establish post roads and post offices. (4) To found, recognize, confirm, or admit; as. Congress shall make no law respecting an establishment of religion. (5) To create, to ratify, or confirm; as, "We, the people, etc., do ordain and establish this constitution." 1 Story, Const. § 454.

This word occurs frequently in the constitution of the United States, and it is there used in different meanings. 1. To settle firmly, to fix unalterably: as, to establish justice, which is the avowed object of the constitution. 2. To make or form: as, to establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies, — which evidently does not mean that these laws shall be unalterably established as justice. 3. To found, to create, to regulate: as, Congress shall have power to establish post-roads and post-offices. 4. To found, recognize, confirm, or admit: as, Congress shall make no law respecting an establishment of religion. 5. To create, to ratify, or confirm: as, We, the people, etc., do ordain and establish this constitution. 1 Story, Const. § 454. For decisions upon the scope and meaning of the word, see Ketchum v. City of Buffalo, 14 N. Y. 356; People v. Lowber, 28 Barb. (N. Y.) 65; Wartman v. City of Philadelphia, 33 Pa. 202; Com. v. Simonds, 11 Gray (Mass.) 306; Smith v. Forrest, 49 N. H. 230; Succession of Weigel, 18 La. Ann. 49. The Established Church in England is the Church of England; so of Wales. The Irish Church has been disestablished.

This word occurs frequently in the constitution of the United States, and it is there used in different meanings: (1) To settle firmly, to fix unalterably; as to establish justice, which is the avowed object of the constitution. (2) To make or form; as to establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies, which evidently does not mean that these laws shall be unalterably established as justice. (3) To found, to create, to regulate; as: "Congress shall have power to establish post-roads and post-offices." (4) To found, recognize, confirm, or admit; as: "Congress shall make no law respecting an establishment of religion." (5) To create, to ratify, or confirm; as: "We, the people," etc., "do ordain and establish this constitution." 1 Story, Const. § 454. Establish ordinarily means to settle certainly, or fix permanently, what was before uncertain, doubtful, or disputed. 49 N. H. 280.

* To settle certainly, fix permanently, what was before Uncertain, doubtful, or disputed; as, to establish a boundary line.^ To set or fix firmly, settle or found permanently, erect something.* Authority to establish a thing contains authority to do acts which shall produce or bring into existence something; as, authority to establish a market." In a grant of power " to establish " a market, a dispensary, etc., means to permanently create or found.' To establish a company for any business means to make complete and permanent provision for carrying on that business. 8 A county seat i$ permanently established at a place when placed there with the intention that it shall remain.* See County. The right to establish a market includes the right to shift it from place to place, as convenience demands; but gives no right to build one on the public highway. '" Compare Peemanbkt. Power to establish includes the power to discontinue post-offices, unless the exercise is restrained by In the Constitution the word is used in somewhat different senses: "to establish justice" seems to mean to settle firmly, fix unalterably, dispense or administer justice; "to establish a uniform rule of naturalisation, and uniform laws on the subject of bankruptcy," is equivalent to to make or to form, and not to fix or settle imalterably or forever; "to establish post-offices and post-routes " means to create, found, and regulate; to "establish this Constitution" signifies to create, ratify, confirm it.** See further Religion. 1 See 1 Bl. Com. 406. 2 F. essoine, excuse. » See 3 Bl. Com. 277. * F. establir: L. stabilis, steady, firm: stare, to stand. » Smith V. Forrest, 49 N. H. 237 (1870), Nesmith, J. » [Ketchum v. City of Buffalo, 21 Barb. 298, 296 (1854); 27 id. 260; 28 id. 65. ' Ketchum v. City of Buffalo,- 14 N. T. 361 (1856). 8 Davidson v. Lanier, 4 Wall. 455 (1866). » Newton v. Mahoning County, 100 U. S. 562 (1879); Mead v. Ballard, 7 Wall. 290 (1863); Wright v. Nagle, 101 U. S. 796 (1879); 13 HI. 463. J» Wartman v. Philadelphia, 33 Pa. 210 (1859).