Page:Federal Reporter, 1st Series, Volume 3.djvu/285

 278 FEDERAIi EKPOBTEB. �ment than in the clause mentioned, the inference drawn therefrom would, to say the least, be a violent one. Most words possess different shades of meaning. In one connec- tion they may mean one thing, and in another and different connection another and quite a diiïerent thing. The same Word is often used with distinctly different meanings in the Bame statute ; and yet the courts give to it, in each connec- tion in which it is employed, the meaning which the legisla- ture intended it to have in that particular connection. An illustration of this is found in the constitution itself in the use of this very word "privilege." It is found elsewhere in that instrument than in the eleventh article. It frequently occurs in the constitution, and is so used as to involve every shade of meaning of which it is, according to lexieographers, susceptible. Now, if the framers of the constitution bave thus employed it, with one meaning in one place, and with another and different meaning in other places, what .be- comes of the hypothesis that its meaning bas been consti- tutionally defined by the eleventh article? It must fall to the ground. And this, out of the way, we are at liberty to interpret the terms "rights and privileges," as defined by judicial and lexical authorities. �Webster says that privilege is a right or immunity not enjoyed by others — an exemption from an evil or burden; Bome right or advantage, not enjoyed by others, etc. Crabbe says it signifies a law made in favor of an individual. It consists of some positive advantage, exemption, or immunity. In its more extended sense it comprehends every prerogative, exemption, and immunity. Abbott defines it to be a right or immunity by way of exemption from the general law. Bou- vier defines it as a private law in derogation of common right. Paschal says it is a special right belonging to an individual or class; properly an exemption from some duty — an immu- nity from some general burden or obligation. Mr. .Justice Washington says that an exemption from taxes is embraced by the general description of privileges. And in State v. Betts, 4: Zabriskie, 555-6, the court say : "The term privilege includes ����
 * hat under the Eoman law it denoted some peculiar benefit,