The national era. [volume] (Washington [D.C.]) 1847-1860, 1855-03-22

STATE OF THE ACCOMMODATIONS or EX-
PoSITION-u1 "STRICT CONSTRUCTION
Esprit AND INTENrn-C3l RULE OF THE ST.
PRENTE COURT ----:::;:.., Or THESE Fatal. To
SLAVERY. Concluded
To the Friends Of american Liberty:
3. Modern jurisprudence has endeavored to
elaborate third rule of construction, middle
ground between the two preceding ones. 1t
admits that the "intentiOns " of the parties
must be ascertained but it allows no search
outside of the Instrument ITSELF into history or
tradition to prove their intentions* And instead
OF insisting, like the strict-construction theo-
ry, that every word, syllable. and letter, of the
instrument must stand entire, whatever the dis
crepancy or standardization nav be, it dis
poses of such cases by bringing the obscure
and doubtful into the light Of the indisputable
and certain, giving the latter It's full exercise,
whatever may become of the former. 1t exaltS
the declared objects Of the instrument above
its incidental details, and either construes or
displaces them by ii. 1t will allow no LEGAL in
strument to have bad meaning, if it will pos
slbly bear an innocent construction. Though
1t does not recognise the paramount authority
OF selfevident truths nor carry out the com
mon law doctrine, that statutes against fun
damental morality are void" yet INSISTS that
when statesmen and legislators undertake to
they must not skulk behind ambiguous phrases
and ingenious circumlocutions, so as to leave
any possible chance of installing their mean
ing. II they mean to act the part Of depreda-
tors upon their species, they must say so openly
and aboveboard, so as to give fair notice Of
their intentions beforehand. Otherwise they
must be content to let the courts construe their
language in such manner as to make patriots
and honest men of them The Supreme Court
of the United States gives expression to this
rule in the following language, which gives Us,
we may presume, the prevailing ethics of our
national Jurisprudence, on this point:
Where rights are infringed, where funda-
mental principles are overthrown, where the
general system of the laws is departed from,
the Legislative intention must be expressed iriiL
irresistible cledIness, to induce a court of lust
ice to suppose design to effect such objects"
The courts in other words, are not to over
throw justice, and promote injustice; are not
to condemn the innocent. and acquit the guilty;
are not to subvert the liberties Of their country,
nor enthrone despOtism, URieSs the Consitll-
tons and statutes they administer so plainly
require this at their hands, by erplicH laHgtage.
that they can put no other ineligible construc-
ton upon them!
Now undertake to say, that the proper ap-
plication of either Of these three theories 1.-THE
only ones we know of to the Consultation OF
the United States, will make 1t an Anti-Slavcry
instrument, an totO without any compromises
or guarantees in favor of Slavery, and plainly
requiring the Federal Government to guar.
anty to every State in this Union" entire ex-
emption from any such anti-republican and
despotic " institution"
The proof of this will appear, at every re-
naming step, in our discussions. A mere
glance In THIS letter may suffice to put the read
er upon the track of testing the truth of the
statement, for himself at his leisure.
l. Take up the Constitution and read it, care.
fully, from beginning to end, with the theory
and rules of " strict construction y distinctly i'm
your mind. Stick closely to the plain meaning
of the tcords Remember, you have nothing TO
do now with the pretence, whether true or
false, that "the Union could not have been
formed without a compromise" You are 10
k7iOIC nothing Of any understandings" /" ntcn-
tions," or compromises" not found expressly
in the bond. You find no mention of slaves or
of Slavery. You find nothing that describes
Slavery, except in the clauses that tOrBid it.
under the names Of "bills of attaiuder."
claws impairing the obligations of contracts"
and deprivation of liberty without due .pro-
cess of law" On the other hand. the proLibi
ton of these, by the ''strict construction Of
the language, are prohibitions of Slavery And
the guaranty, ITO every State in this Union "
of "a republican form of Government is a
guaranty against Slavery, if you abide By the
proper meaning of the language
2. Try, next the spirit and intent " theory,
taking along with you the antecedent and con
comitant historical facts, the action of the Con-
tinental Congress against Slavery, the /" Decla.
ration of independence" the Articles of Confed-
Grafton, the Anti-Slavery sentiments and labors
OF the principal framers-Jay, Franklin, Ham
iton, and others--Mr JefferSon's notes on Vir-
ginia, the general sentiment of the South; the
declarations of Madison, that the Convention
would not allow the Constitution to recognise
the possibility of right to property in man,
and of Patrick Henry in the Convention for its
ratification in Virginia, that the Constitution
clearly gave Congress the power to abolish Sla
very in the States. Take up the preamble Of
the Constitution, mark its declared objects and
aims, observe the general scope and drift Of
the instrument. See whether, in the light OF
all these, you can honestly make out "the spir-
1t and intent of the Constitution to be less in
favor OF Liberty, and against Slavery, than the
dead letter.
3. When you have tried the Constitution bv
the two preceding theories, take ND the tbird.
and see how much you can change the result.
Like strict construction" it forbids your look
ing into history or tradition for any "under-
standings intentions" or compromises. not
found explicitly in the instrument itself Like
the spirit and intent . theory, it sends you to
the indisputable aud the explicit for clue
wherewith to unravel the disputable and the
dubious. 1t bids you decide doubtful or dil6-
cult provisions by the declared object and In
tent. 1t forbids you to put any construction
upon the language of the instrument, which
should make it permit the Infringement of in
herent rights, or render it inconsistent with tho
general system Of our institutions and laws, IN
Guiding the common law. unless the meaning
be the only meaning the words will bear, and
unless they are expressed with Irresistible
clearness." 1t charges you not TO construe the
Constitution of your country so as to fasten
upon its founders the imputation of hypocrisy
and impiety in their Solemn appeal to Heaven
for the rectitude Of their intentions 10 snnnort
inalienable human rights. while their q ;nto,,-
tons were to crush them in the dust, unless,
win irreSlsuDie ciearness, their language de-
ciares 1t! WILLIAM GooDELL
The intention o the instrument nsusl prevail THIS
intention must be collected from The wonds-U s Sac
Court, l2 Wharton, 3S2