Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1852-02-12
For the Freeman.
The Next Presidential Campaign

Freedom or Slavery or, in other words, political
life or death; presented, too, by their own SER
wants, whom they have elevated, by their sutlra-
ges, to stations of great power and influence.
The central point Of cohesion to elevate Slavery
in triumph over Freedom, is the Compromise
System, the forefront of which, in its operations,
Is the Fugitive Slave Law. Sufficient has been
said, and published, many times, concerning that
law, which never has been, and never can be
answered by solid argument, TO show it abso-
lutciy void, both by its being unconstitutional,
and by its being unjust aud oppressive; and by
its aggressive bearing upon the sovereignty and
people of the several States and the usurpation
of power by Congress, never yielded by the
people to the Federal Government.
Those welding over the people this usurped
power for the destruction of Liberty and the
support of Slavery, scout the idea of this stat
ute's being unconstitutona or of its being OBJ
jected to on that ground. eThey say, while ii is
a law, we must obey it; and they stuff this into
IhN "'Outlo vi huny P0oPlOS WIZ o""iiO" ~
without sufficient consideration. Can it be view
ed as strange thing, that Courts should decide
a statute void 1t is often done, and should
always be done, when the unconstltutionality Is
manifest. Congress have no right to enact any
law, unless that right is contained in the Consti-
tuition. And if they enact law without right,
or one not authorized by the Constitution, it is
ipso Jdcto void.
Chancellor Keu, upon this subject, VOL LIST,
page 42l, says, "The Constitution is the act Of
the people, and there can be no doubt on the
point with US, that every act of the legislative
power, contrary to the true intent and meaning
of the Constitution, is absolutely null and void "
Again, on page 400, sit has accordingly be-
come a settled principle in the legal policy OF
this country, that it belongs to the judicial pow
er, as matter Of right and duty, to declare ev-
cry act of the Legislature, made in violation Of
the Constitution, Or of any provision of it, null
and void." He cites several cases. In the year
l77l the Circuit Court of the United States IN
New York decided an act Of Congress to be un-
constitutional and void. The same act of Con.
gress was decided TO be unconstitutional and
void by the Circuit Court OF the United States
in Pennsylvania and North Carolina. In 1895
at Philadelphia, Judge Patterson of the Supreme
Court of the United States, affirmed and illus
trated this principle, in deciding a statute o.
Pennsylvania to be unconstitutional and void
This doctrine is fully affirmed and illustrated by
the Supreme Cont of the United States in the
case OF Marbury against Madison, reported in
LIST of Cranch, 1877.
now refer to Judge Story's Commentary
upon the Constitution of the United States, fol
rule of construction by which to decide whether
statute is authorized by 1t. On page 1875 he
says Of the Constitution, and of all written in
struments, they must be construed according
to the sense of the terms and the interest of thu
parties;" and he cites Judge Blackstone, " tina
the intention is to be gathered from the words
the context, the subject matter, The effects ant
consequences, or the reason and spirit of the
Instrument" and, if words happen to be dub
GUS, "by comparing them with other words ant
sentences in the same instrument" Again, OF
page 1856, he says, where the words are plair
and clear, and the sense distinct and perfec
arising on them, there is generally no necessity
of recourse to other means Of Interpretation.
Otherwise, "when there is obscurity, as to thu
meaning, from the doubtful character of thu
words, from other clauses in the same nstru
ment, or from an ncongruity or repugnancy be
tween the words, and the apparent intention de
rived from the whole instrument, or its avowet
object"
Again, on page 1873, he says, "The Constitu
ton of the United States is to receive as favor
able construction, as those Of the States.-
Neither is it to be construed alone, but eacf
with reference to the other. Each belongs t
the same system of government; each is limited
in its powers, and, within the scope of its pow
ers, is supreme. Each, by the theory OF ou
government, Is essential to the existence ant
due preservation of the powers and obligations
Of the other"
Again, after saying that the Constitution o
the United States is to receive 4 reasonable
construction, where the words are susceptible o
two different senses, he adds, on page lao, I" o
course we do not mean, that the words for thu
purpose are to be strained beyond their common
and natural sense" Again, after stating that
where the power is granted, in general terms
it is to be construed as co extensive with thos
terms, unless restrained by the context, he adds
"a restriction founded on conjecture is who'll
inadmissible. The reason is obvious; the tex
was adopted by the people in its obvious an
general sense"
Again, on page 144, he says, " it should neve
be lost sight of, that the government of th
United States is one of limited and enumerate
powers, and that departure from the true in
pmt and sense of its powers, is, pro tantO, Il
establishment of new Constitution"
Another rule, on page l45, which he says n
suits from the dictates of mere common sens
is, " that no construction of given power is
be allowed, which plainly defeats or mpars i
avowed objects"
: Again, on page l57, he says, Every VOL
: employed in the Constitution is to be expoundt
in its plain, obvious and common sense, unIe
the context furnishes some ground to contrt
qualify or enlarge it" Again, on the same pag
speaking of Constitutions, he says, " The pc
pie make them; the people adopt them; ii
people must be supposed to read them, with Il
) help of common sense; and cannot be presum,
to admit in them any reconcile meaning, or ar
extraordinary gloss
Again, on page 1853, after recitiDg the prear
} BILE to the Constitution and alluding to its co
ceded Importance in expoundlng its languag
he says, g. 1t is an admitted maxim in the ore