Page:Harvard Law Review Volume 12.djvu/395

375 THE STATUS OF OUR NEW TERRITORIES. 375 defence and general welfare of the United States," * it seems to be used in its first or original sense, especially as "common defence" and "general welfare" are taken from the preamble.^ Certainly there is no pretence for saying it is used in its third sense. In the phrase, "throughout the United States," ' there is believed to be no doubt that it is used in its original sense,* though it may be claimed that it is used in its third sense/ That it is used in its original sense in one instance is certain ; ' and when the same phrase is used in different parts of the Constitution, a strong presumption arises that it is always used in the same sense. In the phrase, "resident within the United States," ^ there can be no doubt that "United States" is used in its original sense, the meaning being the same as if the words had been, "resident in one or more of the United States." The phrase, "one of the United States," affords a good instance of the use of "United States" in its original sense.* In the phrase, "shall not receive any other emolument from the United States or any of them," ' it is certain that "United States" is used in its second sense, though it is also certain that the draughts- man supposed he was using it in its original sense." ' Art. I, sect. 8, subsects. i and 4; Art. 2, sect, i, subsect. 3. onies" occurs in the Journal of Congress, it is in the phrase, "throughout the twelve United Colonies." The phrase, "throughout the United States" is also used in two instances in the 9th Article of Confederation ["the United States in Congress assem- bled shall have the sole and exclusive right and power of fixing the standard of weights and measures throughout the United States. . . establishing or regulating Post Offices /row one State to another throughout all the United States"], in neither of which can it possibly have any other meaning than throughout the thirteen United States. Can any reason then be given for supposing that the authors of the Constitu- tion attached a wholly different meaning to the same phrase, namely, "throughout all the territory within the sovereignty of the United States"? It is believed that there cannot; and yet the question depends entirely upon intention. For the reader should bear in mind the fact that, while the term "United States" may have its second mean- ing in the Constitution, though it was previously used in the same phrase with its original meaning (and that, too, without any change of intention), it cannot, in the Constitution or elsewhere, have its third meaning, in a phrase in which it had previously had its first meaning, without a corresponding change of intention. ' Art. 2, sect. I, subsect. 4 ["The Congress may determine the time of choosing the electors, and the day on which they shall give their votes ; which day shall be the same throughout the United States "]. '' Art. 2, sect, i, subsect. 5. '" At page 374, note 12, will be found an extract from the 4th Article of Confedera-
 * Art. I, sect. 8, subsect. i. ^ See supra, page 372, and notes i and 3.
 * It has been seen {supra, p. 365, n. 2) that the first time the term "United Col-
 * See infra, page 381.
 * Art. 2, sect. I, subsect. 7. * nth Amendment.