Page:Hawkins v. Filkins 01.pdf/37

322Rh themselves, from the language in which the law is expressed, and any one of them will enable us to avoid such an effect, that should be preferred which appears to be the most agreeable to the intention of the framers of the statute, for that would be most consistent with the true office of interpretation. ''Smith's Com. 637.'' Puffendorff says: "That which helps us most in the discovery of the true meaning of the law, is, the reason of it, or the cause which moved the legislature to enact it."

Let us, then, look to the reasons, which induced the people of Arkansas to declare this ordinance. In doing so, we must look to the political condition of the state, prior to, and at the time the ordinance was passed. As a matter of public history, we know, that, however unanimously the people of the state joined in repelling the invading armies, which were penetrating the country, when they did enter, and take possession of it, many remained at home, whilst others deserted the service in which they had entered, and came for protection within the federal lines. That being apprised of this, the president was induced, perhaps from motives of policy, as well as from cnnsiderations of humanity and justice, to encourage the people of the state to return to their allegiance, under a civil government in connection with that of the United States. It was within the limits of the country held by the federal army, and by the encouragement thus held out to the people, that the convention of 1864 assembled, in tbe language of the ordinance, "to establish a state government, loyal to the government of the United States." This was the great object to be accomplished, and for this purpose it became necessary to repeal, or declare void, the ordinances or acts of the convention of 1861, to the extent that they conflicted with the paramount law of the nation. To this extent the act would accord with the leading motive, but no further. That is, evidently, what was meant by the terms, "a constitution in conformity with the constitution of the United States," because there could possibly be no conformity in any other respect. It would be no "conformity" to the United States constitution, to