The Unconstitutionality of SlaverySpooner, Lysander
Philosophy
The Unconstitutionality of Slavery
Spooner, Lysander
Slavery -- United States
1. The preamble to the frame of government of the constitution of
Virginia speaks of negroes in this connexion, to wit: It charges George
the Third, among other things, with "prompting _our negroes_ to rise in
arms among us, those very negroes, whom, by an inhuman use of his
negative, he hath refused us permission to exclude by law."
Here is no assertion that these "negroes" were slaves; but only that
they were a class of people whom the Virginians did not wish to have in
the state, _in any capacity_--whom they wished "to exclude by law." The
language, considered as legal language, no more implies that they were
slaves, than the charge of having prompted "our women, children,
farmers, mechanics, or our people with red hair, or our people with blue
eyes, or our Dutchmen, or our Irishmen to rise in arms among us," would
have implied that those portions of the people of Virginia were slaves.
And especially when it is considered that slavery had had no prior
_legal_ existence, this reference to "negroes" authorizes no legal
inference whatever in regard to slavery.
The rest of the Virginia constitution is eminently democratic. The bill
of rights declares "that all men are by nature equally free and
independent, and have certain inherent rights,"* * * * "namely, the
enjoyment of life and liberty, with the means of acquiring and
possessing property, and pursuing and obtaining happiness and safety."
2. The preamble to the Pennsylvania constitution used the word "slaves"
in this connexion. It recited that the king of Great Britain had
employed against the inhabitants of that commonwealth, "foreign
mercenaries, savages and slaves."
This is no acknowledgment that they themselves had any slaves of their
own; much less that they were going to continue their slavery; for the
constitution contained provisions plainly incompatible with that. Such,
for instance, is the following: which constitutes the first article of
the "Declaration of Rights of the Inhabitants," (i.e. of _all_ the
inhabitants) "of the state of Pennsylvania."
1. "That all men are born equally free and independent, and have certain
natural, inherent and inalienable rights, among which are, the enjoying
and defending life and liberty, acquiring, possessing and protecting
property, and pursuing and obtaining happiness and safety."
The 46th section of the frame of government is in these words.
"The Declaration of Rights is hereby declared to be a part of the
constitution of this commonwealth, and ought never to be violated on any
pretence whatever."
Slavery was clearly impossible under these two constitutional
provisions, to say nothing of others.
2. Several of the constitutions provide that all the laws of the
colonies, previously "_in force_," should continue in force until
repealed, _unless repugnant to some of the principles of the
constitutions themselves_.
Public-domain text, read in full here on John Shaqi.
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