The Unconstitutionality of SlaverySpooner, Lysander
Philosophy
The Unconstitutionality of Slavery
Spooner, Lysander
Slavery -- United States
[Footnote 18: This language of the Supreme Court contains an admission
of the truth of the charge just made against judges, viz: that rather
than lose their offices, they will violate what they know to be law, in
subserviency to the legislatures on whom they depend; for it admits,
1st, that the preservation of men's _rights_ is the vital principle of
law, and, 2d, that courts, (and the Supreme Court of the United States
in particular,) will trample upon that principle at the bidding of the
legislature, when the mandate comes in the shape of a statute of such
"_irresistible clearness_," that its meaning cannot be evaded.]
[Footnote 19: "Laws are construed strictly to save a right."--_Whitney
et al._ vs. _Emmett et al., 1 Baldwin, C.C.R._ 316.
"No law will make a construction do wrong; and there are some things
which the law favors, and some it dislikes; it favoreth those things
that come from the order of nature."--_Jacob's Law Dictionary, title
Law._]
[Footnote 20: In the convention that framed the constitution, when this
clause was under discussion, "servants" were spoken of as a distinct
class from "slaves." For instance, "Mr. Butler and Mr. Pickney moved to
require 'fugitive slaves and servants to be delivered up like
criminals.'" Mr. Sherman objected to delivering up either slaves or
servants. He said he "saw no more propriety in the public seizing and
surrendering a slave or servant, than a horse."--_Madison Papers, p.
1447-8._
The language finally adopted shows that they at last agreed to deliver
up "_servants_," but _not "slaves"_--for as the word "servant" does not
mean "slave," the word "service" does not mean slavery.
These remarks in the convention are quoted, not because the intentions
of the convention are of the least legal consequence whatever; but to
rebut the silly arguments of those who pretend that the convention, and
not the people, adopted the constitution--and that the convention did
not understand the legal difference between the word "servant" and
"slave," and therefore used the word "service," in this clause, as
meaning slavery.]
[Footnote 21: Gibbons _vs._ Ogden.--(9 Wheaton, 1.)]
[Footnote 22: "The government (of the U.S.) proceeds directly from the
people; is 'ordained and established' in the name of the
people."--_M'Culloch_ vs. _Maryland_, 4 _Wheaton_, 403.
"The government of the Union is emphatically and truly, a government of
the people; and in form and in substance it emanates from them. Its
powers are granted by them, and are to be exercised directly on them,
and for their benefit."--_Same_, pages 404, 405.
"The constitution of the United States was ordained and established, not
by the United States in their sovereign capacities, but emphatically, as
the preamble of the constitution declares, by 'the people of the United
States.'"--_Martin_ vs. _Hunter's lessee_, 1 _Wheaton_, 324.]
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