Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1855-04-26
For the Green Mountain Freeman.

1t was lately alleged, in pamphlet, that, II
the rules of common law for the construction
OF written instruments were applied to the Con-
stitution ofsthe United States, it would afford
no sanction to slavery; but directly the reverse.
Is it SO! Well, let us sec. What Judges
Blackstone and Story have published as common
law willnot be disputed. We quote them when
we copy from the common law. In Story's
Commentaries, page 1856, sec. 1Sl, it is said -
" The first and fundamental rule in the inter-
probation Of all instruments is, to eonstrue them
according to the sense of the terms, and inten-
ton Of the PARTIES" This we will presently
apply to The clause about fugitives from service
or labor. Again. on page 1877, sec. 1874 =
:" Contemporary construction is properly resort
ed to, to illustrate and confirm the text, to ex-
plain doubtful phrase, Or to expound an OBJ
scure clause butt can never abrogate the text
it can mover fritter away its obvions sense it
can never narrow down its limitations; it can
never enlarge its natural boundaries"
Again, insec. 1888, pages 1870, after OBJ
serving that The constitution is to receiyea rea,
ssnabe interpretation Of its language and its1
powers, keeling ia view the objects and pur-
poses for wlleh those powers were conferred he
says (. ipcass the satas are. suseeptibie}
|of two senses, the one should'be adopted@hich
is most eonsonant with the apparent objects and
intent Of the Constitution = and then he adds,
" we do not mean, of course, that the words
for this are to be strained beyond their common
and natural sense"
Again, on page l57, sec. 2lo, he says -
/" Every word employed in the Constitution is
to be cxpounded in its plain, obvious, and COM
mon sense, unless the centext furnishes some
ground to control, qualify, or enlarge it,
Before proceeding further to cite authorities
or state the common law, we observe, that it is
well known that slavery was tolerated in almost
all the States, at the time the Constitution was
framed and adopted; and it is equally well
known that public sentiment was against slave
ry and the public expected slavery would soon
cease in all the States as it did in some of them;
and strong hope was entertained that Con-
stitution would be agreed upon and adopted
that would end It forthwith. But slavery had
SO strong and firm foothold in the Southern
States, that it could not be killed forthwith
The most that could be done was to wound it to
death, and bear with it silently while it was dy-
ing. a.
In this situation the people undertook to form
new government, and reform out all the evils
prevalent amopgthem. They began by telling
what they we've going to do. They tell that
plainly in the preamble to the Constitution
They do it in plain, familiar, common sense Ian
guage. "Wc, the people of the United States,
in order to form a more perfect union, establish
justice, insure domestic tranquility, provide for
common dcfencey promote the general welfare,
and secure the blessings of liberty to- ourselves
and our posterity, do ordain and establish this
Constitution ioAthe United States of America. p"
In this they ssllus what they are going to do
and it looks as fit told all they intended to do.
In this they seH nothing about bolstering up
slavery. They Ersat sas an outcast, dead, Or
dying .attaeea unity They
say they are gong 70 secure the blessings of lib
crty, not only for themselves, but for their pos
terity also. Now liberty and slavery cannot
grow together Whatever would secure the
blessings of liberty would remove the curses of
slavery. Now we ask, did the people perform
what they thus undertook Did the instrument
they adopted, as fulfilling this preamble, and
attached to it, pnrport to do what is therein
proposed!
For what is, or should be the influence Or
effect of the preamble in the construction of the
whole instrument, read Story's Commentaries,
page 1853, sec. 2l8. 1.-The Importance of ex-
aiming the preamble for the purpose of ex-
pounding the language of a statute, has been
long felt, and universally conceded in all judi
cial decisions The preamble of a statute is a
key to open the mind of the makers at to the
mischiefs which arc to be remedied, and the OBJ
iects which are to be accomplished by the pro-
visions of the statute"
And again, on page lS0, sec. 254 in speak
ing of the United States Constitution he says
-" The last clause in the preamble is to secure
the blessings of liberty to ourselves and our pos.
terity. And surely no object could be more
worthy of the wisdom and ambition of the best
men in any age"
NV, on examening the instrument made by
the people and fastened to this preamble, we do
not find the word slave or slavery any where in
the instrument. They must have considered it
so surely dead, and SO nearly dead, as not to be
worth notice, or they must have remembered to
forgot it, But they remembered the word lib
erty, and remembered to place around it a strong
guard against the strides of slavery. See arti-
Gle 9TH of the amendments Sc No person shall
be deprived Of life, liberty or property, without
due process Of law" Now nothing which inn
ports sanction Of slavery can stand in the same
instrument with this sentence of the constitution
A slaveis not held in slavery by any process ol
law yet he Is wssolly deprived Of liberty Moth
1 -
ing in the Constitution sanctions this. II /,
done by brute fcrce, executing the win Of the
master, or pretended owner.
It is believed there is no pretence that slavery
is sanctioned by any sentence tin he Constitution,
unless it be in the use Of the words service OF
labor That pretended sanction needs but to be
carefully looked at to be condemned.
The sentence reads as follows, to'wit $50 Nc
person, held to service or labor in one State
under the laws thereof, escaping into another
shall, in consequence of any law or regulation
therein, be discharged from such service or Ia
Dor, but shall be delivered up on claim of the
party to whom such service or labor may be DUE
Now. it is affirmed with assurance, that there is