The Unconstitutionality of SlaverySpooner, Lysander
Philosophy
The Unconstitutionality of Slavery
Spooner, Lysander
Slavery -- United States
4. No other meaning can be given to the word "free" in this case,
without making the sentence an absurd, or, at least, a foolish and
inconsistent one. For instance,--The word "free" is joined to the word
"citizen." What reason could there be in applying the term "free" to the
word "citizen," if the word "free" were used as the correlative of
slavery? Such an use of the word would imply that _some_ of the
"citizens" were, or might be slaves--which would be an absurdity. But
used in the other sense, it implies only that some citizens had
franchises not enjoyed by others; such, perhaps, as the right of
suffrage, and the right of being elected to office; which franchises
were only enjoyed by a part of the "citizens." All who were born of
English parents, for instance, were "citizens," and entitled to the
protection of the government, and freedom of trade and occupation, &c.,
&c., and in these respects were distinguished from aliens.--Yet a
property qualification was necessary, in some, if not all the States, to
entitle even such to the franchises of suffrage, and of eligibility to
office.
The terms "free inhabitants" and "people" were probably used as
synonymous either with "free citizens," or with "citizens" not
"free"--that is, not possessing the franchises of suffrage and
eligibility to office.
Mr. Madison, in the 42d No. of the Federalist, in commenting upon the
power given to the general government by the new constitution, of
naturalizing aliens, refers to this clause in the Articles of
Confederation; and takes it for granted that the word "free" was used in
that political sense, in which I have supposed it to be used--that is,
as distinguishing "citizens" and the "inhabitants" or "people" proper,
from aliens and persons not allowed the franchises enjoyed by the
"inhabitants" and "people" of the States.--Even the privilege of
residence he assumes to be a franchise entitling one to the denomination
of "free."
Public-domain text, read in full here on John Shaqi.
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