The national era. [volume] (Washington [D.C.]) 1847-1860, 1855-04-12

LETTER XVII.
THE PREAMBLE OF THE CONSTITUTION. LIKE
! THE DECLARATION OF INDEPENDENCE, AL
THoRIZEs AND DEMANDS A NATIONAL ADO
LITION OF SLAVERY,
To the Friends of american Liberty:
l now propose to take up the Constitution in
order, and examine it in detail. Instead OF
beginning and ending, as some do, with the
minor and disputed provisions, shall begin
with the beginning of the instrument, and call
attention to its general scope and main fea-
lures, which will be found to be unmitakeable
and explicit-indisputable and hitherto undis-
puted. Having noted down these, / shall pro-
coed upon that well known rule of logical expo
sition which teaches that the minor details OF
any instrument, if obscure, disputed, or capable
of conflicting interpretations, shall be construed
in the light of the general scope and obvious
fintent and aim of the document, concerning
which there can be no mistake, and in respect
to which there has never been any dispute.
This rule is but an appropriate exemplifcation
of the universal process and conditions of all
! logical induction, wherein things already known
and undsputed are first stated and laid down
as premises from whence the things less GER
tain, doubtful, controverted, may be legiti-
mately deduced, proved, or ascertained Yet
shall not confne the discussion even to this
reasonable rule, but shall give my opponents
the benefit of any advantages they may be able
to gain from either of the three theories of expo
sition described in my last letter. the only ones
known or conceivable.
The PREAMBLE comes first. 1t is not only
first in order, but first in Importance and au-
thorty, as being the solemn declaration of the
people themselves, Whose the document isl
concerning the parties to the instrument, what
the instrument rs, and for what objects and
purposes it was intended. So far from admit
ting the dogma of some. that the Preamble,
containing such declarations, is no part of the
Constitution itself, insist that it is, by the
declaration of the people themselves, their own
authorized key to the whole, the very heart
and core of the Constitution, holding para
mount precedence aud authority over the
whole, insomuch that if any of the minor de-
tails Of the instrument could be questionable,
1t would be the prerogative of the Preamble to
decide, rs umpire, between the contending par
ties. | might go even further, and maintain
that if any of the minor details of the nstru-
ment were found to be in direct conflict with
the Preamble, they are to be set aside as nuga-
tory, on the ground of such conflict, because it
is not to be presumed that the people intended
by the instrument to defeat their own purpose
in framing it. But on this shall have no oc-
casion to insist, because no such conflict will
be found. The Preamble runs thus
"We the people of the United States, in or
der to form more perfect union, establish
Justice, insure domestic tranquility, provide for
the common defence, promote the general well
fare, and secure the blessings of liberty to our
selves and our posterity, do ordain and estab-
lish this Constitution for the United States of
America"
First. Notice the parties to this instrument.
1t is not We, the shareholders" nor /" We, the
free people," nor "We, the rhite people," but
I'VE, THE PEOPLE of the United Statesr-ALI.
of us, without distinction OF race, avocation, or
color. And, accordingly, the Constitution makes
no distinction of race, avocation, or color, from
beginning to end. This single phrase, ave,
the people of the United States" the very first
words of the Constitution, are conclusive of the
whole question. Nothing can be more certain
than that no one Of "the people of the United
States" can be legally enslaved, 80 long as this
Constitution remains "the supreme law of the
land" For all "the people" are parties to
the Constitution, and equally entitled to its
| benefits. The tchite people have no more right
to claim that the Constitution is exclusively for
them, than the colored people have to say that
it is exclusively for them. This ia certainly
| true, so far as the tcords are concerned The
dead letter rule of Interpretation (' strict
| construction can guide us to no other
results Neither can the rule of the Supreme
Court, before quoted, viz: "that the intention
of the instrument must prevail )" and that
this insertion must be collected from the
words.'-l2 Wheaton, 332. 1t would be diff
| cult to select ",cords" more perfectly adapted
| to express and declare the legal and constitu-
| tonal equality of all the people of the Uni
ted States The 100000 slaves outnumber
the shareholders (even counting the families
of the 347 ,525 shareholders, on an estimate OF
five to a family, or l,737,62 in proportion
of about 80 to IL. If the slaves form no part
of "the people of the United States,' what part
| of them can the shareholders form? If either
the one class or the other were to be miracu-
| lously blotted out of existence tomorrow or set
down in the deserts of Monomotapa, which
class could beat be spared? For the purposes
of cotton growing, so important in the eyes Of
Southern statesmen which class could best be
spared from the country? Taking, then, the
"spiru" Of the Constitution, in its guardianship
over "Me general tceltore' of the country, in
Guiding its agricultural products what states
man could construe away the coiored "people
of the United States booming them to politi
cal non-existence? Even by the customary
application of the tircc:ffths rule, every slave
must be put down three-ffths of man, which
would entitle a majority of the slaves to the
dignity of "people of the United States" Sc
rously, we must bring ourselves to deny the
| human nature of the slaves before We can keel
ourselves in countenance in denying that the,
. are to be reckoned among "t the people of tn,
United States Thus much for the first sever
, words of the Federal Constitution, which, o
themselves. are sufficient to warrant and de
mand the abolition Of Slavery.
. Second Notice the declared mature of tn
:, instrument. 1t is 'Constitution" Of Gorcr7l
ment. not articles of confederation between
absolutely sovereign States. 1t is the instru
ment of ave. the people," and not Of tn
States, primarily. 1t marks out cork for
, Government, and. of course for Government
. with the essential and universal prerogatve
a of all civil Government, T" to establish Justice,
TO execute justice between man and hi
$ neighbor ITO protect all our rights, an
take none of them from us."f
1t is, moreover, Constitution for the Ul,
: fed States of America" not for separate, ind,
4 pendent sovereignties-no for free States an
: slave States, recognising powers in part
. | the States, or their citizens, which do not pc
4 !! tain to all the States, and their citizens. Yer
manifestly it cannot pertain to such ConstitI
ton to protect Slavery and slaveholding in son,
;. of the States, without protecting Slavery an
! | slayeholding in all of them. As certainly as
cannot do the latter, it cannot do the former
/, and nothing can be constitutional in one of ii
States which is not constitutional in all of then
: | These are items to be noted and remembers
e when we may have occasion for them.
= Third. Notice the declared objects for whic
!, | the Constitution was framed and adopted |
| the peaple, in establishing their National Go
| llv foES nc VI