The Unconstitutionality of SlaverySpooner, Lysander
Philosophy
The Unconstitutionality of Slavery
Spooner, Lysander
Slavery -- United States
Though this doctrine may make sad havoc with constitutions and statute
books, it is nevertheless law. It fixes and determines the real rights
of all men; and its demands are as imperious as any that can exist under
the name of law.
It is possible, perhaps, that this doctrine would spare enough of our
existing constitutions, to save our governments from the necessity of a
new organization. But whatever else it might spare, one thing it would
not spare. It would spare no vestige of that system of human slavery,
which now claims to exist by authority of law.[2]
[Footnote 1: It is obvious that legislation can have, in this country,
no higher or other authority, than that which results from natural law,
and the obligation of contracts: for our constitutions are but
contracts, and the legislation they authorize can of course have no
other or higher authority than the constitutions themselves. The stream
cannot rise higher than the fountain. The idea, therefore, of any
inherent authority or sovereignty in our governments, as governments, or
of any _inherent_ right in the majority to restrain individuals, by
arbitrary enactments, from the exercise of any of their natural rights,
is as sheer an imposture as the idea of the divine right of kings to
reign, or any other of the doctrines on which arbitrary governments have
been founded. And the idea of any necessary or inherent authority in
legislation, as such, is, of course, equally an imposture. If
legislation be consistent with natural justice, and the natural or
intrinsic obligation of the contract of government, it is obligatory: if
not, not.]
[Footnote 2: The mass of men are so much accustomed to regard law as an
arbitrary command of those who administer political power, that the idea
of its being a _natural_, fixed, and immutable principle, may perhaps
want some other support than that of the reasoning already given, to
commend it to their adoption. I therefore give them the following
corroborations from sources of the highest authority.
"Jurisprudence is the science of what is just and unjust."--_Justinian._
"The primary and principal objects of the law are rights and
wrongs."--_Blackstone._
"Justice is the constant and perpetual disposition to render to every
man his due."--_Justinian._
"The precepts of the law are to live honestly; to hurt no one; to give
to every one his due."--_Justinian & Blackstone._
"LAW. The rule and bond of men's actions; or it is a rule for the well
governing of civil society, to give to every man that which doth belong
to him."--_Jacob's Law Dictionary._
"Laws are arbitrary or positive, and natural; the last of which are
essentially just and good, and bind every where, and in all places where
they are observed.* * * * Those which are natural laws, are from God;
but those which are arbitrary, are properly human and positive
institutions."--_Selden on Fortescue, C. 17, also Jacob's Law
Dictionary._
Public-domain text, read in full here on John Shaqi.
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