The Unconstitutionality of SlaverySpooner, Lysander
Philosophy
The Unconstitutionality of Slavery
Spooner, Lysander
Slavery -- United States
This principle, that all "self-evident truths," though not enumerated,
make a part of all laws and contracts, unless clearly denied, is not
only indispensable to the very existence of civil society, but it is
even indispensable to the administration of justice in every individual
case or suit, that may arise, out of contract or otherwise, between
individuals. It would be impossible for individuals to make contracts at
all, if it were necessary for them to enumerate all the "self-evident
truths," that might have a bearing upon their construction before a
judicial tribunal. All such truths are therefore taken for granted. And
it is the same in all compacts of government, unless particular truths
are plainly denied. And governments, no more than individuals, have a
right to deny them in any case. To deny, in any case, that "self-evident
truths" are a part of the law, is equivalent to asserting that
"self-evident falsehood" is law.
If, then, it be a "self-evident truth," that all men have a natural and
inalienable right to life, liberty and the pursuit of happiness, _that
truth_ constitutes a part of all our laws and all our constitutions,
unless it have been unequivocally and authoritatively denied.
It will hereafter be shown that this "self-evident truth" has _never
been denied_ by the people of this country, in their fundamental
constitution, or in any other explicit or authoritative manner. On the
contrary, it has been reiterated, by them, annually, daily and hourly,
for the last sixty-nine years, in almost every possible way, and in the
most solemn possible manner. On the 4th of July, '76, they collectively
asserted it, as their justification and authority for an act the most
momentous and responsible of any in the history of the country. And this
assertion has never been retracted by us, as a people. We have virtually
re-asserted the same truth in nearly every state constitution since
adopted. We have virtually re-asserted it in the national constitution.
It is a truth that lives on the tongues and in the hearts of all. It is
true we have, in our practice, been so unjust as to withhold the
benefits of this truth from a certain class of our fellow men.--But,
even in this respect, this truth has but shared the common fate of other
truths. They are generally allowed but a partial application. Still,
this truth itself, _as a truth_, has never been denied by us, _as a
people_, in any authentic form, or otherwise than impliedly by our
practice in particular cases. If it have, say when and where. If it have
not, it is still law; and courts are bound to administer it, as law,
impartially to all.
Public-domain text, read in full here on John Shaqi.
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