The Unconstitutionality of SlaverySpooner, Lysander
Philosophy
The Unconstitutionality of Slavery
Spooner, Lysander
Slavery -- United States
[Footnote 4: The second charter to Virginia (1609) grants the power of
making "orders, ordinances, constitutions, directions and instructions,"
"so always as the said statutes, ordinances and proceedings, as near as
conveniently may be, be agreeable to the laws, statutes, government and
policy of this our realm of England."
The third charter (1611-12) gave to the "General Court" "power and
authority" to "make laws and ordinances" "so always as the same be not
contrary to the laws and statutes of our realm of England."
The first charter to Carolina, (including both North and South
Carolina,) dated 1663, authorized the making of laws under this
proviso--"Provided nevertheless, that the said laws be consonant to
reason, and as near as may be conveniently, agreeable to the laws and
customs of this our kingdom of England."
The second charter (1665) has this proviso. "Provided nevertheless, that
the said laws be consonant to reason, and as near as may be
conveniently, agreeable to the laws and customs of this our realm of
England."
The charter to Georgia, (1732,) an hundred years after slavery had
actually existed in Virginia, makes no mention of slavery, but requires
the laws to be "reasonable and not repugnant to the laws of this our
realm." "The said corporation shall and may form and prepare laws,
statutes and ordinances fit and necessary for and concerning the
government of the said colony, and not repugnant to the laws and
statutes of England."
The charter to Maryland gave the power of making laws, "So,
nevertheless, that the laws aforesaid be consonant to reason, and be not
repugnant or contrary, but (so far as conveniently may be,) agreeable to
the laws, statutes, customs, and rights of this our kingdom of England."
The charter granted to Sir Edward Plowden had this proviso. "So,
nevertheless, that the laws aforesaid be consonant to reason, and not
repugnant and contrary, (but as convenient as may be to the matter in
question,) to the laws, statutes, customs and rights of our kingdoms of
England and Ireland."
In the charter to Pennsylvania, power was granted to make laws, and the
people were required to obey them, "Provided nevertheless that the said
laws be consonant to reason, and be not repugnant or contrary, but, as
near as conveniently may be, agreeable to the laws, statutes, and rights
of this our kingdom of England."
I have not been able to find a copy of the charter granted to the Duke
of York, of the territory comprising New York, New Jersey, &c. But
Gordon, in his history of the American Revolution, (vol. 1. p. 43,)
says, "The king's grant to the Duke of York, is plainly restrictive to
the laws and government of England."
The charter to Connecticut gave power "Also from time to time, to make,
ordain and establish all manner of wholesome and reasonable laws,
statutes, ordinances, directions and instructions, not contrary to the
laws of this realm of England."
Public-domain text, read in full here on John Shaqi.
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