The Unconstitutionality of SlaverySpooner, Lysander
Philosophy
The Unconstitutionality of Slavery
Spooner, Lysander
Slavery -- United States
justice, reason, necessity and truth, as are other legal principles, and
are for that reason as inflexible as any other legal principles
whatever. They are also simple, intelligible, natural, obvious. Every
body are presumed to know them, as they are presumed to know any other
legal principles. No one is allowed to plead ignorance of them, any more
than of any other principle of law. All persons and people are presumed
to have framed their contracts, statutes and constitutions with
reference to them. And if they have not done so--if they have said black
when they meant white, and one thing when they meant another, they must
abide the consequences. The law will presume that they meant what they
said. No one, in a court of justice, can claim any rights founded on a
construction different from that which these rules would give to the
contract, statute, or constitution, under which he claims. The judiciary
cannot depart from these rules, for two reasons. First, because the
rules embody in themselves principles of justice, reason and truth; and
are therefore as necessarily law as any other principles of justice,
reason and truth; and, secondly, because if they could lawfully depart
from them in one case, they might in another, at their own caprice.
Courts could thus at pleasure become despotic; all certainty as to the
legal meaning of instruments would be destroyed; and the administration
of justice, according to the true meaning of contracts, statutes and
constitutions, would be rendered impossible.
What, then, are some of these rules of interpretation?
One of them, (as has been before stated,) is, that where words are
susceptible of two meanings, one consistent, and the other inconsistent,
with justice and natural right, that meaning, and _only that_ meaning,
which is consistent with right, shall be attributed to them--unless
other parts of the instrument overrule that interpretation.
Another rule, (if indeed it be not the same,) is, that no language,
except that which is peremptory, and no implication, except one that is
inevitable, shall be held to authorize or sanction any thing contrary to
natural right.
Another rule is, that no _extraneous or historical evidence_ shall be
admitted to fix upon a statute an unjust or immoral meaning, when the
words themselves of the act are susceptible of an innocent one.
Public-domain text, read in full here on John Shaqi.
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