The Unconstitutionality of SlaverySpooner, Lysander
Philosophy
The Unconstitutionality of Slavery
Spooner, Lysander
Slavery -- United States
But why do the partizans of slavery resort to the debates of the
convention for evidence that the constitution sanctions slavery? Plainly
for no other reason than because the words of the instrument do not
sanction it. But can the intentions of that convention, attested only by
a mere skeleton of its debates, and not by any impress upon the
instrument itself, add any thing to the words, or to the legal meaning
of the words of the constitution? Plainly not. Their intentions are of
no more consequence, in a legal point of view, than the intentions of
any other equal number of the then voters of the country. Besides, as
members of the convention, they were not even parties to the instrument;
and no evidence of their intentions, at _that_ time, is applicable to
the case. They became parties to it only by joining with the rest of the
people in its subsequent adoption; and they themselves, equally with
the rest of the people, must then be presumed to have adopted its legal
meaning, and that alone--notwithstanding any thing they may have
previously said. What absurdity then is it to set up the opinions
expressed in the convention, and by a few only of its members, in
opposition to the opinions expressed by the whole people of the country,
in the constitution itself.
But notwithstanding the opinions expressed in the convention by some of
the members, we are bound, as a matter of law, to presume that the
convention itself, in the aggregate, had no intention of sanctioning
slavery--and why? Because, after all their debates, they agreed upon an
instrument that did not sanction it. This was confessedly the result in
which all their debates terminated. This instrument is also the _only_
authentic evidence of their intentions. It is subsequent in its date to
all the other evidence. It comes to us, also, as none of the other
evidence does, _signed with their own hands_. And is this to be set
aside, and the constitution itself to be impeached and destroyed, and
free government overturned, on the authority of a few meagre snatches of
argument, intent or opinion, uttered by a few only of the members;
jotted down by one of them, (Mr. Madison,) merely for his own
convenience, or from the suggestions of his own mind; and only reported
to us fifty years afterwards by a posthumous publication of his papers?
If any thing could excite the utter contempt of the people of this
nation for the miserable subterfuges, to which the advocates of slavery
resort, it would seem that their offering such evidence as this in
support of their cause, must do it. And yet these, and such as these
mere fragments of evidence, all utterly inadmissible and worthless in
their kind, for any legal purpose, constitute the warp and the woof, the
very _sine qua non_ of the whole argument for slavery.
Public-domain text, read in full here on John Shaqi.
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