The Unconstitutionality of SlaverySpooner, Lysander
Philosophy
The Unconstitutionality of Slavery
Spooner, Lysander
Slavery -- United States
"Whereas, in his majesty's plantations in America, slavery has been
introduced and allowed; and the people commonly called negroes, Indians,
mulattos and mestizoes have (been) deemed absolute slaves, and the
subjects of property in the hands of particular persons; the extent of
whose power over such slaves ought to be settled and limited by positive
laws, so that the slaves may be kept in due subjection and obedience,
and the owners and other persons having the care and government of
slaves, may be restrained from exercising too great vigor and cruelty
over them; and that the public peace and order of this province may be
preserved: _Be it enacted_, That all negroes, Indians, (_free_ Indians
in amity with this government, and negroes, mulattos and mestizoes, _who
are now free, excepted_,) mulattos and mestizoes, who now are or shall
hereafter be in this province, and all their issue and offspring born or
to be born, shall be and they are hereby declared to be and remain
forever hereafter absolute slaves, and shall follow the condition of the
mother," &c.--_Grimke, p. 163-4. Brevard, vol. 2, p. 229._]
CHAPTER V.
THE DECLARATION OF INDEPENDENCE.
Admitting, for the sake of the argument, that prior to the revolution,
slavery had a constitutional existence, (so far as it is possible that
crime can have such an existence,) was it not abolished by the
declaration of independence?
The Declaration was certainly the constitutional law of this country for
certain purposes. For example, it absolved the people from their
allegiance to the English crown. It would have been so declared by the
judicial tribunals of this country, if an American, during the
revolutionary war or since, had been tried for treason to the crown. If,
then, the declaration were the constitutional law of the country for
that purpose, was it not also constitutional law for the purpose of
recognizing and establishing, as law, the natural and inalienable right
of individuals to life, liberty and the pursuit of happiness? The
lawfulness of the act of absolving themselves from their allegiance to
the crown, was avowed by the people of the country--and that too in the
same instrument that declared the absolution--to rest entirely upon, and
to be only a consequence of the natural right of all men to life,
liberty and the pursuit of happiness. If, then, the act of absolution
was lawful, does it not necessarily follow that the principles that
legalized the act, were also law? And if the country ratified the act of
absolution, did they not also necessarily ratify and acknowledge the
principles which they declared legalized the act?
Public-domain text, read in full here on John Shaqi.
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