The Unconstitutionality of SlaverySpooner, Lysander
Philosophy
The Unconstitutionality of Slavery
Spooner, Lysander
Slavery -- United States
This alleged design, on the part of the convention, to sanction slavery,
is obviously of no consequence whatever, unless it can be transferred to
the people who adopted the constitution. Has any such transfer ever been
shown? Nothing of the kind. It may have been known among politicians;
and may have found its way into some of the state conventions. But there
probably is not a little of evidence in existence, that it was generally
known among the mass of the people. And, in the nature of things, it was
nearly impossible that it should have been known by them. The national
convention had sat with closed doors. Nothing was known of their
discussions, except what was personally reported by the members. Even
the discussions in the _state_ conventions could not have been known to
the people at large; certainly not until after the constitution had been
ratified by those conventions. The ratification of the instrument, by
those conventions, followed close on the heels of their
discussions.--The population meanwhile was thinly scattered over the
country. The public papers were few, and small, and far between. They
could not even make such reports of the discussions of public bodies, as
newspapers now do. The consequence must have been that the people at
large knew nothing of the intentions of the framers of the constitution,
but from its words, until after it was adopted. Nevertheless, it is to
be constantly borne in mind, that even if the people had been fully
cognizant of those intentions, they would not therefore have adopted
them, or become at all responsible for them, so long as the intentions
themselves were not incorporated in the instrument. Many selfish,
ambitious and criminal purposes, not expressed in the constitution, were
undoubtedly intended to be accomplished by one and another of the
thousands of unprincipled politicians, that would naturally swarm around
the birth-place, and assist at the nativity of a new and splendid
government. But the people are not therefore responsible for those
purposes; nor are those purposes, therefore, a part of the constitution;
nor is its language to be construed with any view to aid their
accomplishment.
But even if the people intended to sanction slavery by adopting the
intentions of the convention, it is obvious that they, like the
convention, intended to use no language that should legally convey that
meaning, or that should necessarily convict them of that intention in
the eyes of the world.--They, at least, had enough of virtuous shame to
induce them to conceal this intention under the cover of language, whose
legal meaning would enable them always to aver,
"Thou canst not say I did it."
Public-domain text, read in full here on John Shaqi.
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