The Unconstitutionality of SlaverySpooner, Lysander
Philosophy
The Unconstitutionality of Slavery
Spooner, Lysander
Slavery -- United States
Natural law may be overborne by arbitrary institutions; but she will
never aid, or perpetuate them. For her to do so, would be to resist, and
even deny her own authority. It would present the case of a principle
warring against and overcoming itself. Instead of this, she asserts her
own authority on the first opportunity. The moment the arbitrary law
expires by its own limitation, natural law resumes her reign. If,
therefore, the government declare A to be a slave, natural law may be
practically overborne by this arbitrary authority; but she will not
herself perpetuate it beyond the person of A--for that would be acting
in contradiction to herself.--She will therefore suffer this arbitrary
authority to expend itself on the person of A, according to the _letter_
of the arbitrary law; but she will assert her own authority in favor of
the child of A, to whom the letter of the law enslaving A, does not
apply.
Slavery is a wrong to each individual enslaved; and not merely to the
first of a series. Natural law, therefore, as much forbids the enslaving
of the child, as if the wrong of enslaving the parent had never been
perpetrated.
Slavery, then, is an arbitrary institution throughout. It depends, from
first to last, upon the letter of the arbitrary law. Natural law gives
it no aid, no extension, no new application, under any circumstances
whatever. Unless, therefore, the letter of the arbitrary law explicitly
authorize the enslavement of the child, the child is born free, though
the parent were a slave.
If the views that have already been taken of our written constitutions,
be correct, no parent has ever yet been legally enslaved in this
country; and of course no child. If, however, any one thinks he can
place his finger upon any _constitutional_ law, that has enslaved a
parent, let him follow that law, and see whether it also expressly
authorized the enslavement of the child. If it did not, then the child
would be free.
It is no new principle that the child of a slave would be born free, but
for an express law to the contrary. Some of the slave codes admit the
principle--for they have special provisions that the child shall follow
the condition of the mother; thus virtually admitting that, but for such
a provision, the child would be free, though the mother were a slave.
Public-domain text, read in full here on John Shaqi.
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