Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1858-07-15
R. L. Pin Reply to Ithamer Smith.

EDITOR f1SsAssy-s-I have read Nos 3, and
5 of. SmithAp' Abolitionism Explained, - with
as much interest as did No. |, to which you
published short reply of mine. My objections
to No. l were is ipdefniteness as an Explain
alton of Abolitonism, - in resting upon general
definitions of government for our guide, when
we can have no other rule in the matter than
what the Ge4ustttution affords. If Aboltionists
accept the Constitution, as Mr.. Smith asserts
that they do, then why go outside of it?
But in the subsequent numbers of his series
Mr. Smith comesson to the true ground of dis
cussion, In No. 5, especially, he gives us the
very gist Of the matter. The great foundation
of the doctrine. of Abolitionism is here given
with sufficient elearness to be understood by ev-
cry one. call this the very foundation of the
doctrine, because find it to be the great leading
argument in all the works upon the subject that
l have ever read. A prominent Abolitonist in
the State handsd ne few days since, the little
pamphlet entitled "Our National Charters, .
by W lillian Gopdell, which I suppose to be a
standard work among Ahohtionists, and it is
certainly writtda,with great ability, with moth
ing of isnaticism about it. 1t is purely con-
stitutional argument upon the question of the
right of the general government to abolish
Slavery in.the States. The question is treated
with as much gRdor n any constitutional ar
,a4 ssusaA e,.f, - - k.ra on
with me would b in determining whether to
adopt the sentiments ofsit OF not-whether as
an argument it is satisfactory. The work occu-
pies hundred and forty-two pages, but it is
substantially Development Of the proposition
laid down by Mr.. Smith, in No. of his series,
namely: that On important legal rule requires
the constitution to be so Interpreted as to carry
out the intentions stated in the preamble The
preamble to the 3onsttution reads as follows
" We the people of the Inited States, in or
der to form more perfect union, establish JUS
tice, insure domestic Tranquility, provide for
the common defence, prom9te the general wei
fare, and secure the blessing Of Liberty to our
selues ard oar poauity, d. ordain and establish
this constitution far the United States of Amer
ica."
Now the words that aro,gven in italics above
constitute the great basis upon which abolition
lists have constructed their theory. They say
that, however any of tho enactng clauses of
the constitution which follow may read, the
whole NEUTRALITY-SUSPICIOUS. be so construed as to
carry out the intentions expressed IN the pre-
amble. And in support of this theory they cite
the opinions of themtst eminent jurists in this
country and ENGLAND, But the substance Of
all these opinions is embodied in the following
language of Judge Story, which I copy from
the first volume-ef his Commentaries on the
Constitution, page PEE, second edition:
/" The Importance of examining the preamble
for the purpose of.Qxpounding the language Of
a statute, has been long felt, and UNIVERSAL Y
conceded in all jtsdeia1 discussions. 1t is an
admitted maxim in the ordinary course of the
administration of justice, that the preamble OF
statute is key @.open the mind of the ma
died, and the objects which are to be accom-
plished, by the provisions of the statute"
Mr.. Goodell has laid great stress upon this
language of judge Story, and taken by itself it
is certainly very jahsible argument for the
Abolitionaus.sss mother remark Of
Judge Story on tbe.oppOsite page, which seems
to me to be of equal weight, but which they
never quote, as it narrows them down to line
of investigation quite unfavorable to their the
DRY. The other remark referred to is as fol-
lows:
And, here, we must guard ourselves against
an error which is too often allowed to creep into
the discussions upon this subject The preamble
never can be resorted to to enlarge the PoloerS
confded 10 the general government, or any Of ITS
departments. 1t eannot. confer any power pen
Sc, 1t can never amount, by implication, to an
enlargement of any power expressly given. Ii
can never be the legitimate source of any mn
piled power when otherwise Withdrawn from
the constitution. Tbs true office is to eapound
The natureof, and efient and application Of The
power actually conferred by the constitution, ana
not substantially to create Them
If this opiniou is sound, (and why not as
likely to be as the one first quotedO we have
only to inquire wisrser among all the powers
conferred upon the general government there is
the power to abolish Slavery in the States. If
we find such powg, this preamble may aid us
in determining the limits of the power, and the
mode of executing il; but we have no right to
infer such power when we find no mention of
it elsewhere. RL.P.
Stowe, July 8, 1858,
Amnnr III, mn Ln,,In as,,nL .Inlv 9Th Nns NM