The Delawarean., 1900-05-02
STATES DEPRIVED OF
STATES RIGHTS.
C0ntiaued from First Page

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vs. The United States, 156 U. s., 43)
In construction, when doubts exist
the context is to be looked at, and if nc
violence is done 10 the fair meaning od
the word or clause and you can aid the
purpose shown by the context, you are
bound to construe it.
Chief Justice Marshall, in Gibbons
VS. Ogden Go Wheaton, page Al, said:
If they contend for that narrow con-
struction which, in the support for some
theory not to be found in the Constitu-
ton, would deny to the Government
those powers which the words of the
grant, as usually understood, import
and which are consistent with the
general views and objects of the instru-
ment; for that narrow construction
which would cripple the Government
and render it unequal to the objects
for which it is declared to be instituted
and to which the powers given, as fair
ly understood render it competent,
then we cannot perceive the propriety
of this strict construction, nor adopt
1T as the rule by which the Constitution
is to be e£ed.
AS men whose Intentions require no
concealment generally employ the
words which most directly and aptly
express the ideas they intend to con-
vey, the enlightened patriots who
framed our Constitution and the people
who adopted it must be understood to
have employed words in their natural
sense and to have intended what they
have said. If from the imperfection of
human language there should be SER
ious doubts respecting the extent of
any given power, it is a well-settled
rule that the objects for which it was
given, especially when those objects
are expressed in the instrument itself,
should have great influence in the con-
struction."
In Story ON the Constitution, section
400 the rule is thus stated:
The first and fundamental rule in
the Interpretation of all instruments is
to construe them according to the
sense of the terms and the intention of
the parties. Mr.. Justice Blackstone
has remarked that the intention of a
law is to be gathered from the words,
the context, the subject-matter, the
effects and consequence, or the reason
and spirit of the law.
He goes ON to justify the remark by
stating that words are generally to be
understood in their usual and most
known Specification, not so much re-
garding the proprie of grammar as
their general Use; that if words hap
pen TO be dubious, their meaning may
be established by the context, or by
comparing them with other words and
sentences in the same instrument; that
illustrations may be further derived
from the subject-matter with reference
to which the expressions are used; that
the effect and consequence of particu-
lar construction is to be examined, be-
volve a manifest absurdity, it ought not
TO be adopted; and that the reason and
spirit Of the law, or the causes which
lead 10 its enactment, are often the
best eXponents of the words and limit
their application.
This clause giving the governor the
NJ Of ;-
part of Article l of the Constitution,
which, made by all the people of the
United States. created and provided
for the organization of the Legislative
department of the Government called
the Congress, and made it to consist of
the House of Representative and the
Senate 1t defined how the members of
each should be elected, the qualifications
of each member, and how many mem
bers should constitute each body Thu
election of members of the House ls
vested in the people, but those of the
Senate in the Legislature of each State,
and it provided not only for the cleo
ton of each member but for filling the
vacancies in each body.
In section of Article I it is provid
ed as to the House of Representatives
When vacancies happen in the re-
presentation from any States, the exc
cutive authority thereof shall issue
writes of election tofill such vacancies
Here first occurs the use of the word
happen. 1t is also used in connection
with vacancy. and il is not used to
denote moment of time when the
event originated or first occurred, but
to denote the event itself and its dura-
tion. Surely this is more pertinent
proof as to the sense in which the
word happen was used in the clause
now in question.
Then, in section Article I, comes
this provision:
The Senate of the United States shall
he composed of two Senators from each
State, chosen by the Legislature there
of, for six years; and each Senator
shall have orA Vote