Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1859-01-20
Abali.ianism Exolained---No. a.
RIFLES or NATURALIZATION.

RULES OF INTERPRETATION.
In this numbir and tae next propose to give
some of the received rules of interpretation,
copying them, together with authorities and
references, from work of Lysander Spooner
entitled The Unconstitutionallty OF Slavery. 1t
will strike every mind that the rules are per-
fectly natural and reasonable. They are just
such as any seusbls and upright magistrate or
jury would naturally act upon whether con-
scious of doing 50 or not. In administering
justice, if they do not suggest themselves in
form, their influence at least is sure to be felt
from the Consideration that right is the sole end
of law and government.
One rule is that the intention of the Constl-
tuition must BE- collected from its words. | un-
dfrstand this rule to be laid down by the Sn-
preme Court of the Unit ted St,tcs.-l2 Wheaton,
1872.
Story says: eve must take it to be true
that the legislature intend precisely what they
say. ''-Story's Circuit Court Rep, 653.
I" The intention Of the legislature is to be
SEARCHED for in the words which the legislature
has employed to convey it Craneh, 60.
Surely this rule needs no defense. What law
less abuses must result from the principle that
you may ascertain the intention of law or
constitution from something else besides ITSELF
The F sIsrll C@latitnt,n exposes its intentions
with remarkable clearness and IN perfect har-
mony with iiustics and light. None but bad
purpose, therefore. can BE- answered by going
out Of thas instrument to find its meaning some
where else. Bat when an instrument is ambig-
uous, suggesting different meanings, without
setting either Of them, We may, for the pnr-
pose Of asc 'rtaining dou'tful rights, 'rt to
what Mr.. Colamer in lis speech of April 3,
1886 called q Dntemporane0us construction,
or construction based on the history Of the in
strument. Yet never should such construction
b rtsorted to for the purpose of sustaining a
violation Of the laws of morality and the nn'
questionable rights Of nature. And never should
we countenance such construction for such a
plrpose, in thos1 whom we authorize to re- r =
sent Us in Congress.
Another rlle is that Instruments must b, sc
Construed as to give no shelter or effect to fraud
The clause Of the Constitution relating to fu.
gitve servants, beng just in ter MS and dascrip
tive only Of p,rsons from whom service is duc,
and not of persons robbed of service by ldwl SIS
| E,rnn fir, nd t,o NJ # tb
trived its insertion. Mr.. Madison in TIE Con.
vtntion that framed the Constitution opposed it,
admitting the idea that there could BE- proper y
in man. But in the Virginia State Conver
ton, called to rAtify the Constitution, he in or
der t, remove an ohj ,ction that the Constitution
c,ntlinad n security Grs slave prop rty, explain
cd IT, provision r,lstins t. fagitv, servants u,
securing that property. In bus arguments ho
adopting the Constitution, Published in III,
Fed,raia and intended for the North as well AZ
the South. he left Northern people to take tn
impression which the trims of tic clause wer,
calculated to give.
A fraudulent use is made of the word free il
the Constitution. At the very time that in
strument was i'll framing, the Ordnanc. exclu
ding sllvery iron, the territories WAS passed. II
fixing the basis of ripre .ntltion the Ordinance
uses the term "frce male Inhabitants tlrat
times. How does it use the word free? Ger.
tainly not to distinguish any class from slaves
Tor it fJrbils slavery What, then, does " free
mean? The word was used to distinguish per
sons entitled to the full privileges Of citizenship
froli others not entitled. Spooner has shown
what | presume lawyers generally understand
that this use Of the word was prevalent down t,
the time when the Constitution was adopted
and the use of FIRE lis opposed to s'are was new
and singular in that instrument. Sliding TIL
word from its old to new and bad use has beel
too easily done and too readily permitted, W
need the word for it's better U.s..
/. SMITH.