The Unconstitutionality of SlaverySpooner, Lysander
Philosophy
The Unconstitutionality of Slavery
Spooner, Lysander
Slavery -- United States
And what is "a republican form of government?" It is where the
government is a commonwealth--the property of the public, of the mass of
the people, or of the entire people. It is where the government is made
up of, and controlled by the combined will and power of the public, or
the mass of the people--and where, of natural consequence, it will have,
for its object, the protection of the rights of all. It is indispensable
to a republican form of government, that the public, the mass of the
people, if not the entire people, participate in the grant of powers to
the government, and in the protection afforded by the government. It is
impossible, therefore, that a government, under which any considerable
number of the people, (if indeed any number of the people,) are
disfranchised and enslaved, can be a republic. A slave government is an
oligarchy; and one too of the most arbitrary and criminal character.
Strange that men, who have eyes capable of discovering in the
constitution so many covert, implied and insinuated guaranties of crime
and slavery, should be blind to the legal import of so open, explicit
and peremptory a guaranty of freedom, equality and right.
Even if there had really been, in the constitution, two such
contradictory guaranties, as one of liberty or republicanism in every
state of the Union, and another of slavery in every state where one
portion of the people might succeed in enslaving the rest, one of these
guaranties must have given way to the other--for, being plainly
inconsistent with each other, they could not have stood together. And it
might safely have been left either to legal or to moral rules to
determine which of the two should prevail--whether a provision to
perpetuate slavery should triumph over a guaranty of freedom.
Public-domain text, read in full here on John Shaqi.
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