The Unconstitutionality of SlaverySpooner, Lysander
Philosophy
The Unconstitutionality of Slavery
Spooner, Lysander
Slavery -- United States
The intentions of the framers of the constitution, (if we could have, as
we cannot, any _legal_ knowledge of them, except from the words of the
constitution,) have nothing to do with fixing the legal meaning of the
constitution. That convention were not delegated to adopt or establish a
constitution; but only to consult, devise and recommend. The instrument,
when it came from their hands, was a mere proposal, having no legal
force or authority. It finally derived all its validity and obligation,
as a frame of government, from its adoption by the people at large.[27]
Of course the intentions of the people at large are the only ones, that
are of any importance to be regarded in determining the legal meaning of
the instrument. And their intentions are to be gathered entirely from
the words, which they adopted to express them. And their intentions must
be presumed to be just what, and only what the words of the instrument
_legally_ express. In adopting the constitution, the people acted as
legislators, in the highest sense in which that word can be applied to
human lawgivers. They were establishing a law that was to govern both
themselves and their government. And their intentions, like those of
other legislators, are to be gathered from the words of their
enactments. Such is the dictate of both law and common sense.[28] The
instrument had been reported by their committee, the convention. But the
people did not ask this committee what was the legal meaning of the
instrument reported. They adopted it, judging for themselves of its
legal meaning, as any other legislative body would have done. The people
at large had not even an opportunity of consultation with the members of
the convention, to ascertain their opinions. And even if they had
consulted them, they would not have been bound at all by their opinions.
But being unable to consult them, they were compelled to adopt or reject
the instrument, on their own judgment of its meaning, without any
reference to the opinions of the convention. The instrument, therefore,
is now to be regarded as expressing the intentions of the people at
large; and not the intentions of the convention, if the convention had
any intentions differing from the meaning which the law gives to the
words of the instrument.
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