The Unconstitutionality of SlaverySpooner, Lysander
Philosophy
The Unconstitutionality of Slavery
Spooner, Lysander
Slavery -- United States
It is sufficient for our purpose, if it be admitted that this principle
was the law of the country at that particular time, (1776)--even though
it had continued to be the law only for a year, or even a day. For if it
were the law of the country even for a day, it freed every slave in the
country--(if there were, as we say there were not, any legal slaves then
in the country.) And the burden would then be upon the slaveholder to
show that slavery had _since_ been _constitutionally_ established. And
to show this, he must show an express _constitutional_ designation of
the particular individuals, who have since been made slaves. Without
such particular designation of the individuals to be made slaves, (and
not even the present constitutions of the slave States make any such
designation,) all constitutional provisions, purporting to authorize
slavery, are indefinite, and uncertain in their application, and for
that reason void.
But again. The people of this country--in the very instrument by which
they first announced their independent political existence, and first
asserted their right to establish governments of their own--declared
that the natural and inalienable right of all men to life, liberty and
the pursuit of happiness, was a "_self-evident truth_."
Now, all "_self-evident truths_," except such as may be explicitly, or
by necessary implication, denied, (and no government has a right to deny
any of them,) enter into, are taken for granted by, and constitute an
essential part of all constitutions, compacts and systems of government
whatsoever.--Otherwise it would be impossible for any systematic
government to be established; for it must obviously be impossible to
make an actual enumeration of all the "self-evident truths," that are to
be taken into account in the administration of such a government. This
is more especially true of governments founded, like ours, upon
contract. It is clearly impossible, in a contract of government, to
enumerate all the "self-evident truths" which must be acted upon in the
administration of law. And therefore they are _all_ taken for granted,
unless particular ones be plainly denied.
Public-domain text, read in full here on John Shaqi.
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