The Unconstitutionality of SlaverySpooner, Lysander
Philosophy
The Unconstitutionality of Slavery
Spooner, Lysander
Slavery -- United States
But it is constantly asserted, in substance, that there is "_no
propriety_" in the general government's interfering in the local
governments of the states. Those who make this assertion appear to
regard a state as a single individual, capable of managing his own
affairs, and of course unwilling to tolerate the intermeddling of
others. But a state is not an individual. It is made up of large numbers
of individuals, each and all of whom, amid the intestine mutations and
strifes to which states are subject, are liable, at some time or other,
to be trampled upon by the strongest party, and may therefore reasonably
choose to secure, in advance, some external protection against such
emergencies, by making reciprocal contracts with other people similarly
exposed in the neighboring states. Such contracts for mutual succor and
protection, are perfectly fit and proper for any people who are so
situated as to be able to contribute to each other's security. They are
as fit and proper as any other political contracts whatever; and are
founded on precisely the same principle of combination for mutual
defence--for what are any of our political contracts and forms of
government, but contracts between man and man for mutual protection
against those who may conspire to injure either or all of them? But
these contracts, fit and proper between all men, are peculiarly
appropriate to those, who, while they are members of various local and
subordinate associations, are, at the same time, united for specific
purposes, under one general government. Such a mutual contract, between
the people of all the states, is contained in this clause of the
constitution. And it gives to them all an additional guaranty for their
liberties.
Those who object to this guaranty, however, choose to overlook all these
considerations, and then appear to imagine that their notions of
"propriety" on this point, can effectually expunge the guaranty itself
from the constitution. In indulging this fancy, however, they
undoubtedly overrate the legal, and perhaps also the moral effect of
such superlative fastidiousness; for even if there were "_no propriety_"
in the interference of the general government to maintain a republican
form of government in the states, still, the unequivocal pledge to that
effect, given in the constitution, would nevertheless remain an
irresistible rebutter to the allegation that the constitution intended
to guaranty its opposite, slavery, an oligarchy, or a despotism. It
would, therefore, entirely forbid all those inferences and implications,
drawn by slaveholders, from those other phrases, which they quote as
guaranties of slavery.[25]
But the "propriety," and not only the propriety, but the necessity of
this guaranty, may be maintained on still other grounds.
Public-domain text, read in full here on John Shaqi.
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