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Proceedings and Acts of the General Assembly, March 30, 1868
Volume 142, Page 265   View pdf image (33K)
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1868.] OF THE HOUSE OF DELEGATES. 265

T. Hamilton, as Senator elect for this State, for six years
from the Fourth day of March, 1869," I have the honor to
state, that so far as I have been able to ascertain, the election
of Mr. Hamilton by the present Legislature, was, in every
respect, in accordance with the requirements of the Act of
Congress, of July, 1866, chapter 245, which was passed
under authority expressly delegated in the fourth section of
the first Article of the Constitution of the United States, and
is the supreme law of the land. The only question as I am
informed, respecting the validity of Mr. Hamilton's election,
has arisen out of a supposed conflict with the Act of the
General Assembly of Maryland, of 1867, chapter 11, passed
on the 24th January, 1867. The first section of that Act re-
pealed the 74th section of Article 35, of the Code of Public
General Laws, which declared that "one of the Senators shall
be always an inhabitant of the Eastern, and the other of the
Western shore." The second section enacted "that in the
first election of Senator to represent this State in the Senate
of the U. S., which shall be held after the first day of April,
in the year 1867, the person elected shall be an inhabitant
of the Eastern shore of this State, and one of the Senators to
he thereafter elected shall always be an inhabitant of the
Eastern shore, and the other of the Western shore of this
State," by section third the Act took effect from the date of
its passage.

In arriving at the true construction and interpretation
of a statute, several things are to be considered, as 1st.
The object to be attained. 2d. The means employed.
3d. The intent of the Legislature. 4th. Contemporaneous
exposition, &c. It is certain from the very terms of
the Act of 1867, that the Legislature did not intend a
total and absolute repeal of the 74th section of Article 35.
It is apparent from its terms that the object to be attained
was a temporary repeal. The surrounding circumstances are
also to be considered. A Senator was to be elected to repre-
sent this State in the Senate of the United States. The
State, from the first election of United States .Senators in
1788, had been virtually divided into two Senatorial districts,
the Eastern and Western. According to this division, and
the said section 74, the Senator then to be elected was re-
quired to he an inhabitant of the Eastern Shore, The Leg-
islature repealed that requirement as to that election only ;
for it is not reasonable to suppose that they then contemplated
two elections of United States Senator at that session. The re-
quirement that at the first election to be held after the 1st
day of April, 1867, the person to be elected should be an
inhabitant of the Eastern Shore, was evidently intended to
secure to the Eastern Shore the next Senator to be elected
after the election then about to be held. But an unexpected
event hastened the accomplishment of this purpose. The

 

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Proceedings and Acts of the General Assembly, March 30, 1868
Volume 142, Page 265   View pdf image (33K)
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