The Unconstitutionality of SlaverySpooner, Lysander
Philosophy
The Unconstitutionality of Slavery
Spooner, Lysander
Slavery -- United States
This question is, in reality, answered in the negative by what has
already been shown; for if slavery had no constitutional existence,
under the state constitutions, prior to the adoption of the constitution
of the United States, then it is absolutely certain that the
constitution of the United States did _not_ recognize it as a
constitutional institution; for it cannot, of course, be pretended that
the United States constitution recognized, as constitutional, any state
institution that did not constitutionally exist.
Even if the constitution of the United States had _intended_ to
recognize slavery, as a constitutional _state_ institution, such
intended recognition would have failed of effect, and been legally void,
because slavery then had no constitutional existence to be recognized.
Suppose, for an illustration of this principle, that the constitution of
the United States had, by implication, plainly taken it for granted that
the state legislatures had power--derived from the _state_
constitutions--to order arbitrarily that infant children, or that men
without the charge of crime, should be maimed--deprived, for instance,
of a hand, a foot, or an eye. This intended recognition, on the part of
the constitution of the United States, of the legality of such a
practice, would obviously have failed of all legal effect--would have
been mere surplussage--if it should appear, from an examination of the
state constitutions themselves, that they had really conferred no such
power upon the legislatures. And this principle applies with the same
force to laws that would arbitrarily make men or children slaves, as to
laws that should arbitrarily order them to be maimed or murdered.
We might here safely rest the whole question--for no one, as has already
been said, pretends that the constitution of the United States, by its
own authority, created or authorized slavery as a new institution; but
only that it intended to recognize it as one already established by
authority of the state constitutions. This intended recognition--if
there were any such--being founded on an error as to what the state
constitutions really did authorize, necessarily falls to the ground, a
defunct intention.
We make a stand, then, at this point, and insist that the main
question--the only material question--is already decided against
slavery; and that it is of no consequence what recognition or sanction
the constitution of the United States may have intended to extend to it.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account