The Unconstitutionality of SlaverySpooner, Lysander
Philosophy
The Unconstitutionality of Slavery
Spooner, Lysander
Slavery -- United States
Our courts would want no other authority than this truth, thus
acknowledged, for setting at liberty any individual, other than one
having negro blood, whom our governments, state or national, should
assume to authorize another individual to enslave. Why, then, do they
not apply the same law in behalf of the African? Certainly not because
it is not as much the law of his case, as of others. _But it is simply
because they will not._ It is because the courts are parties to an
understanding, prevailing among the white race, but expressed in no
authentic constitutional form, that the negro may be deprived of his
rights at the pleasure of avarice and power. And they carry out this
unexpressed understanding in defiance of, and suffer it to prevail over,
all our constitutional principles of government--all our authentic,
avowed, open and fundamental law.
CHAPTER VI.
THE STATE CONSTITUTIONS OF 1789.
Of all the state constitutions, that were in force at the adoption of
the constitution of the United States, in 1789, _not one of them
established, or recognized slavery_.
All those parts of the state constitutions, (i.e. of the old thirteen
states,) that recognize and attempt to sanction slavery, _have been
inserted, by amendments, since the adoption of the constitution of the
United States_.
All the states, except Rhode-Island and Connecticut, formed
constitutions prior to 1789. Those two states went on, beyond this
period, under their old charters.[14]
The eleven constitutions formed, were all democratic in their general
character. The most of them eminently so. They generally recognized, in
some form or other, the natural rights of men, as one of the fundamental
principles of the government. Several of them asserted these rights in
the most emphatic and authoritative manner. Most or all of them had also
specific provisions incompatible with slavery. Not one of them had any
specific recognition of the existence of slavery. Not one of them
granted any specific authority for its continuance.
The only provisions or words in any of them, that could be claimed by
any body as recognitions of slavery, are the following, viz.
1. The use of the words "our negroes" in the preamble to the
constitution of Virginia.
2. The mention of "slaves" in the preamble to the constitution of
Pennsylvania.
3. The provisions, in some of the constitutions, for continuing in force
the laws that had previously been "in force" in the colonies, except
when altered by, or incompatible with the new constitution.
4. The use, in several of the constitutions, of the words "free" and
"freemen."
As each of these terms and clauses may be claimed by some persons as
recognitions of slavery, they are worthy of particular notice.
Public-domain text, read in full here on John Shaqi.
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