The Unconstitutionality of SlaverySpooner, Lysander
Philosophy
The Unconstitutionality of Slavery
Spooner, Lysander
Slavery -- United States
But whatever may have been the cause of the fact, the fact itself is
conspicuous, that from some cause or other, either with the consent of
the slaveholders, or in defiance of their power, the constitutions of
every one of the thirteen states were at that time free ones.
Now is it not idle and useless to pretend, when even the strongest
slaveholding states had free constitutions--when not one of the separate
states, acting for itself, would have any but a free constitution--that
the whole thirteen, when acting in unison, should concur in establishing
a slaveholding one? The idea is preposterous. The single fact that all
the state constitutions were at that time free ones, scatters for ever
the pretence that the majority of the people of all the states either
intended to establish, _or could have been induced to establish_, any
other than a free one for the nation. Of course it scatters also the
pretence that they believed or understood that they were establishing
any but a free one.
There very probably may have been a general belief among the people,
that slavery would for a while live on, on sufferance; that the
government, until the nation should have become attached to the
constitution, and cemented and consolidated by the habit of union, would
be too weak, and too easily corrupted by the innumerable and powerful
appliances of slaveholders, to wrestle with and strangle slavery. But to
suppose that the nation at large did not look upon the constitution as
designed to destroy slavery, whenever its principles should be carried
into full effect, is obviously to suppose an intellectual impossibility;
for the instrument was plain, and the people had common sense; and those
two facts cannot stand together consistently with the idea that there
was any general, or even any considerable misunderstanding of its
meaning.
CHAPTER XII.
THE STATE CONSTITUTIONS OF 1845.
Of all the existing state constitutions, (excepting that of Florida,
which I have not seen,) not one of them contains provisions that are
sufficient, (or that would be sufficient if not restrained by the
constitution of the United States,) to authorize the slavery that exists
in the states. The material deficiency in all of them is, that they
neither designate, nor give the legislatures any authority to designate
the persons, who may be made slaves. Without such a provision, all their
other provisions in regard to slaves are nugatory, simply because their
application is legally unknown. They would apply as well to whites as to
blacks, and would as much authorize the enslavement of whites as of
blacks.
We have before seen that none of the state constitutions, that were in
existence in 1789, recognized slavery at all. Since that time, four of
the old thirteen states, viz., Maryland, North Carolina, South Carolina
and Georgia, have altered their constitutions so as to make them
recognize slavery; yet not so as to provide for any legal designation of
the persons to be made slaves.
Public-domain text, read in full here on John Shaqi.
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