Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1858-07-22
'Abolitionism Explained--No 6.
PREAMBLE.

The use of preamble is to explain the pur-
poses of an instrument and guard against its
misconstruction. Some extracts from Judge
Story are before me- In one he says 1t is
an admitted maxim in the ordinary admnistra-
ton of Justice, that the preamble of statute
is key to open the mind of the makers, as to
the mischiefs which are to be remedied, and to
objects which are to be accomplished by the
provisions Of the statute In another
" There does not seem any reason why, in
fundamental law or constitution of government
an equal attention should not be given to the
intentions of the trainers as expressed in the
preamble. Story's Comm. Const., p. 443-4
Now, would it not be great convenience to
statesmen and Judges by saving historical re-
search, if the Constitution had a preamble to
explain its own objects Most certainly. Well,
then, be it known to chief justice fancy and
all concerned, that the Constitution has this
same convenient thing, and here it is
"We the people of the United States, in order
to form more perfect Union, establish Justice,
insure domestic tranquility, provide for the COM
mon defence, promote the general Welfare, and
secure the blessings of Liberty to ourselves
and our Posterity, do ordain and establish this
constitution for the United States of Amer
ica'
do not claim for Abolitonsts that they are
the first dissa.srers Of this preamble, but ! will
state that thes. are trying to dig it up aud bring
it to notice AS far as they know, it is the
only record of intentions which the trainers of
our government agreed upon, and therefore the
only auMenticono. They believe it has an i'm
portant guiding use, and that it impresses the
stamp Of falsehood on all pretended intentions
in conflict with right.
Upon this preamble remark, that it con-
tians perfect definition of civil government.
1t proposes all that government can be bound
not to have noticed that my definition of gov
eminent was purposely framed to harmonic
with this preamble and was almost borrowed
| from it.
Again remark, the preamble shows that our
government was framed not primarily for the
United States, but for the States themselves,
and that it was intended to establish justice in
the States and not out of them. j." r. L. p, :"
thinks il is government of i" limited and
specific power He might have said this of
all constitutional governments, and then might
have added that our State Government are more
limited in their powers than the Federal Gov
eminent. If Government can administer
justice only where its jurisdiction is exclusive,
then there is no authority to administer justice
in the Union.
Once more. If it be necessary to know any
thing about the preamble {" historically" it was
framed by stakeholder, Mr.. Madison, and to
satisfy an objection of some OF the people, it
was represented to be equivalent to bill of
rights, because it would govern the construction
of the Constitution GoodeH's Slavery and
Anti-&argy, p. So.
| cannot accept the definitions of government
offered by R. l.. P, since neither of them con-
tain the two essential ideas of government. the
establishments bf Justice and the good of the
people. TRs Apostle represents the ruling
authority as bearing the sword of justice for
good to the governed. And in the two great
ideas of justice and the public good, the pream-
BILE of the Constitution harmonizes with the
Apostle. My purpose of argument required
me to define government as legtimately used,
without including its abuses and provisions
The acord government applies to the civil power,
whether used for good or bad purposes
meant to define thing and not word.
DR.. Bailey, in the extract which copied in
to my first number, statas the duties of gov
eminent in perfect harmony with what the pre-
amble of the Constitution would LEAD us to ex-
pect. He says e" Its true object is to protect
euery indiridual pithin its jurisdiction in the
enjoyment of life, liberty, property, and the
pursuit of happiness, thus securing peace Or
der, progress, the Principle which should
govern its action is equality of rights, which
is only another name for justice" Now,
understand that when the people of the United
States established General Government, they
intended its jurisdiction should be in the
United States and not out of them. Of course
every person in the United States is &C within
its jurisdiction - and entitled, according to
DR.. Bailey, to its protection. And yet on the
ground of State rights he denies the authority
of the General Government " to protect every
individual within its jurisdiction :" against
what he regards as outrageous State wrongs.
This is puzzle that | cannot understand, and
R. L. P, though he seems to defend the Doctor,
does not explain it.
When the remarks of R. L. P. appeared in
the Freeman of June II, my third, fourth, and
fifth Nos, were already at the Freeman Office,
and this is my first convenient opportunity Of
responding to him. hope my silence has not
seemed disrespecfful. I. SMITH.
EDITOR Fireman. request you to append
this to my No. 6, forwarded to you some
days before your issue of July Is. lam glad to
find R. L. P. stating objections against my
views, as it shows that at least one mind is ex-
aiming them. I hope to meet his objections as
proceed, but having already written several
Nos in advance, it would be inconvenient to
re-write for the sake of meeting them at once
But wish to correct an error which | think
leads him to misunderstood me. He evidently