The Unconstitutionality of SlaverySpooner, Lysander
Philosophy
The Unconstitutionality of Slavery
Spooner, Lysander
Slavery -- United States
"That all and every the subjects of us, our heirs and successors,"
(i.e. of the king of England granting the charter,) "which are
already planted and settled within our said colony of Providence
Plantations, or which shall hereafter go to inhabit within the said
colony, and all and every of their children which have been born
there, or which shall happen hereafter to be born there, or on the
sea going thither, or returning from thence, shall have and enjoy all
liberties and immunities of _free_ and natural subjects, within any
of the dominions of us, our heirs and successors, to all intents,
constructions and purposes whatsoever, as if they and every of them
were born within the realm of England."
The following enactment of William Penn, as proprietary and Governor of
the Province of Pennsylvania and its territories, illustrates one of the
common uses of the word "freeman," as known to the English law, and as
used in this country prior to the revolution--that is, as distinguishing
a native born citizen, and one capable of holding real estate, &c. from
a foreigner, _not naturalized_, and on that account subject to certain
disabilities, such as being incompetent to hold real estate.
"And forasmuch as it is apparent that the just encouragement of the
inhabitants of the province, and territories thereunto belonging, is
likely to be an effectual way for the improvement thereof; and since
some of the people that live therein and are likely to come
thereunto, _are foreigners, and so not freemen, according to the
acceptation of the laws of England, the consequences of which may
prove very detrimental to them in their estates and traffic_, and so
injurious to the prosperity of this province and territories thereof.
_Be it enacted_, by the proprietary and governor of the province and
counties aforesaid, by and with the advice and consent of the
deputies of the _freemen_ thereof, in assembly met, _That all persons
who are strangers and foreigners_, that do now inhabit this province
and counties aforesaid, _that hold land in fee in the same, according
to the law of a freeman_, and who shall solemnly promise, within
three months after the publication thereof, in their respective
county courts where they live, upon record, faith and allegiance to
the king of England and his heirs and successors, and fidelity and
lawful obedience to the said William Penn, proprietary and governor
of the said province and territories, and his heirs and assigns,
according to the king's letters, patents and deed aforesaid, _shall
be held and reputed freemen of the province and counties aforesaid,
in as ample and full a manner as any person residing therein_. And it
is hereby further enacted, by the authority aforesaid, That when at
any time any person, that is a foreigner, shall make his request to
the proprietary and governor of this province and territories
Public-domain text, read in full here on John Shaqi.
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