The Unconstitutionality of SlaverySpooner, Lysander
Philosophy
The Unconstitutionality of Slavery
Spooner, Lysander
Slavery -- United States
thereof, _for the aforesaid freedom_, the said person shall be
admitted on the conditions herein expressed, paying at his admission
twenty shillings sterling, and no more, any thing in this law, or any
other law, act or thing in this province, to the contrary in any wise
notwithstanding."
"Given at Chester," &c., "under the hand and broad seal of William
Penn, proprietary and governor of this province and territories
thereunto belonging, in the second year of his government, by the
king's authority. W. PENN."[16]
Up to the time of our revolution, the _only_ meaning which the words
"free" and "freemen" had, in the English law, _in the charters granted
to the colonies_, and in the important documents of a political
character, when used to designate one person as distinguished from
another, was to designate a person enjoying some franchise or privilege,
as distinguished from aliens or persons not enjoying a similar
franchise. They were never used to designate a free person as
distinguished from a slave--for the very sufficient reason that all
these _fundamental_ laws presumed that there were no slaves.
Was such the meaning of the words "free" and "freemen," as used in the
constitutions adopted prior to 1789, in the States of Georgia, North and
South Carolina, Maryland, Delaware and New York?
The legal rule of interpretation before mentioned, viz: that an innocent
meaning must be given to all words that are susceptible of it--would
compel us to give the words this meaning, instead of a meaning merely
correlative with slavery, even if we had no other ground than the rule
alone, for so doing. But we have other grounds. For instance:--Several
of these constitutions have themselves explicitly given to the words
this meaning. While not one of them have given them a meaning
correlative with slaves, inasmuch as none of them purport either to
establish, authorize, or even to know of the existence of slavery.
The constitution of Georgia (adopted in 1777) evidently uses the word
"free" in this sense, in the following article:
"Art. 11. No person shall be entitled to more than one vote, which
shall be given in the county where such person resides, except as
before excepted; _nor shall any person who holds any title of
nobility, be entitled to a vote, or be capable of serving as a
representative, or hold any post of honor, profit, or trust, in this
State, while such person claims his title of nobility; but if the
person shall give up such distinction_, in the manner as may be
directed by any future legislature, _then, and in such case_, he
shall be entitled to a _vote, and represent_, as before directed, and
enjoy all the other benefits of a FREE citizen."
The constitution of North Carolina, (adopted in 1776), used the word in
a similar sense, as follows:
Public-domain text, read in full here on John Shaqi.
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