Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1858-08-05

EDITOR FREEMAN Your correspondent r.
L. P" in reply toI. Smith, in your paper of
July 18th refers. to me as having quoted Judge
Story on the authority of Preambles in exposi-
ton, and after citing the paragraph, admits that
d" taken by itself tits certainly very plausi-
BILE argument for the abolitonists. z But he
proceeds to say that g there is another remark
of Judge Story which seems to have equal
weight, but which they never quote, as it mar
rows them down to line of investigation quite
unfavorable tc their theory This passage he
he likewise quotes, but fail to perceive where
in it " narrows down " the use made of the
paragraph 1t certainly cannot, unless we are
to understand Judge Story as unsaying what he
had previously said, which is not my method OF
cxpounding that eminent jurist.-l under
stand him to guard against the idea that the
Preamble can " enlarge the powers of the Cen
eral Government, or any of its departments .
that l." it can convey any power-per 'e'-or
"by implication. enlarge any power expressly
given" Bur Judge Story, it seems, did not
think this contradiction of what he had said
before and which in substance, he here reterates
(as quoted by R. L. P.) viz
cts (the Preamble's) " true office is to
e1pound the nature of, and extent and Application
off, the po,oer actually conferred by the constitu-
ton, and not substantially to create them"
Those who read my pamphlet "Our Nation
al Charters ~ will sec that this, and nothing
else is precisely the use made of the Pream-
BILE. Ibid not claim that it enlarged the pow
ers of the General Government or any of its de-
partments,' &C., &c. that it enlarged any
powers expressly given" l did not use it in
stead of the specific provisions of the Conststu-
ton its habeas corpus-its " clear process OF
law'-its prohibitions to the States, of bills
of attainder, ex post facto laws-and laws i'm
pairing the obligations of contracts, its
guaranty, to every State in this Union, of a
Republican form of Government" | did not
claim that the Preamble either created or snlar-
qed these PROVISIONS | only claim that these
provisions should be SO expounded as to make
them harmonic with the Preamble. And in
this claim | am sustained as fully by Judge
Story's second paragraph as in his first The
repetition only adds strength to it, especially as
it is introduced after all the cautions that the
writer deemed needful | claimed further-and
l repeat the claim-that these several specliica-
tions or provisions of the Constitution cannot
be expounded in harmony with the Preamble
not otherwise than in harsh conflict with it
without proving them to be all claim to BE-
to wit, prohibitions of slavery existing under
State authority, clothing the Federal Govern
ment with authority, and charging it with the
duty of making those provisions eificaclous tor
securing the blessings of liberty to the people
of the United States" without distinction Ii
these provisions are not sufficient for this, they
are good for nothing, and might as well be blot
ted out of the instrument. Judge fancy re-
sorted to the only door of escape, when he ut
tered the atrocious sentiment that the black
race have "no rights which white man is
bound to respect WILLIAM GooDELL'
New York, July, 1858.