The Unconstitutionality of SlaverySpooner, Lysander
Philosophy
The Unconstitutionality of Slavery
Spooner, Lysander
Slavery -- United States
It may be supposed that here the word "free" is used as the correlative
of slavery; that it presumes the "whites" to be "free;" and that it
therefore implies that other persons than "white" may be slaves. Not so.
No other parts of the constitution authorize such an inference; and the
implication from the words themselves clearly is, that _some_ "white"
persons might not be "free." The distinction implied is between those
"white" persons that were "free," and those that were not "free." If
this were not the distinction intended, and if _all_ "white" persons
were "free," it would have been sufficient to have designated the
electors simply as "white" persons, instead of designating them as both
"free" and "white." If therefore it were admitted that the word "free,"
in this instance, were used as the correlative of slaves, the
implication would be that _some_ "white" persons were, or might be
slaves. There is therefore no alternative but to give to the word
"free," in this instance, the same meaning that it has in the
constitutions of Georgia, North Carolina and Pennsylvania.
In 1704 South Carolina passed an act entitled, "_An act for making
aliens FREE of this part of the Province._"--This statute remained in
force until 1784, when it was repealed by an act entitled "_An act to
confer the right of citizenship on aliens_"[17]
One more example of this use of the word "_freeman_." The constitution
of Connecticut, adopted as late as 1818, has this provision:
"Art. 6. Sec. 1. All persons who have been, or _shall hereafter_,
previous to the ratification of this constitution, _be admitted
freemen_, according to the existing laws of this State, shall be
electors."
Surely no other proof can be necessary of the meaning of the words
"free" and "freeman," as used in the constitutions existing in 1789; or
that the use of those words furnish no implication in support of either
the 'existence', or the constitutionality of slavery, prior to the
adoption of the constitution of the United States in that year.
I have found, in _none_ of the State constitutions before mentioned,
(existing in 1789,) any other evidence or intimation of the existence of
slavery, than that already commented upon and refuted. And if there be
no other, then it is clear that slavery had no legal existence under
them. And there was consequently no _constitutional_ slavery in the
country up to the adoption of the constitution of the United States.
[Footnote 14: The State Constitutions of 1789 were adopted as follows:
Georgia, 1777; South Carolina, 1778; North Carolina, 1776; Virginia,
1776; Maryland, 1776; Delaware, 1776; Pennsylvania, 1776; New Jersey,
1776; New York, 1777; Massachusetts, 1780; New Hampshire, 1783.
These early Constitutions ought to be collected and published with
appropriate notes.]
Public-domain text, read in full here on John Shaqi.
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