The Unconstitutionality of SlaverySpooner, Lysander
Philosophy
The Unconstitutionality of Slavery
Spooner, Lysander
Slavery -- United States
This is the only true definition that can be given of "a state." It is
merely an arbitrary name given to the territorial limits of power. And
if such be its true character, then it would follow, that the
boundaries, though but two feet square, within which the will and power
of a single individual are, _for the time being_, supreme, or
irresistible, are, for all _legal_ purposes, "a state"--and his will and
power constitute, for the time being, the law within those limits; and
his acts are, therefore, for the time being, as necessarily lawful,
without respect to their intrinsic justice or injustice, as are the acts
of larger bodies of men, within those limits where their will and power
are supreme and irresistible.
If, then, law really be, what this definition would make it, merely "a
rule of civil conduct prescribed by the supreme power of a state"--it
would follow, as a necessary consequence, that law is synonymous merely
with will and force, wherever they are combined and in successful
operation, for the present moment.
Under this definition, law offers no permanent guaranty for the safety,
liberty, rights or happiness of any one. It licenses all possible crime,
violence and wrong, both by governments and individuals. The definition
was obviously invented by, and is suited merely to gloss over the
purposes of, arbitrary power. We are therefore compelled to reject it;
and to seek another, that shall make law less capricious, less
uncertain, less arbitrary, more just, more safe to the rights of all,
more permanent. And if we seek another, where shall we find it, unless
we adopt the one first given, viz. _that law is the rule, principle,
obligation or requirement of natural justice_?
Adopt this definition, and law becomes simple, intelligible, scientific;
always consistent with itself; always harmonizing with morals, reason
and truth. Reject this definition, and law is no longer a science: but a
chaos of crude, conflicting and arbitrary edicts, unknown perchance to
either morals, justice, reason or truth, and fleeting and capricious as
the impulses of will, interest and power.
If, then, law really be nothing other than the rule, principle,
obligation or requirement of natural justice, it follows that government
can have no powers except such as individuals may _rightfully_ delegate
to it: that no law, inconsistent with men's natural rights, can arise
out of any contract or compact of government: _that constitutional law,
under any form of government, consists only of those principles of the
written constitution, that are consistent with natural law, and man's
natural rights_; and that any other principles, that may be expressed by
the letter of any constitution, are void and not law, and all judicial
tribunals are bound to declare them so.
Public-domain text, read in full here on John Shaqi.
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