The Unconstitutionality of SlaverySpooner, Lysander
Philosophy
The Unconstitutionality of Slavery
Spooner, Lysander
Slavery -- United States
One of the reasons of these stringent and inflexible rules, doubtless
is, that judges have always known that, in point of fact, natural
justice was itself law, and that nothing inconsistent with it could be
made law, even by the most explicit and peremptory language that
legislatures could employ.--But judges have always, in this country and
in England, been dependent upon the executive and the legislature for
their appointments and salaries, and been amenable to the legislature by
impeachment. And as the executive and legislature have always enacted
more or less statutes, and had more or less purposes to accomplish, that
were inconsistent with natural right, judges have seen that it would be
impossible for them to retain their offices, and at the same time
maintain the integrity of the law against the will of those in whose
power they were. It is natural also that the executive should appoint,
and that the legislature should approve the appointment of no one for
the office of judge, whose integrity they should suppose would stand in
the way of their purposes.--The consequence has been that all judges,
(probably without exception,) though they have not dared deny, have yet
in practice yielded the vital principle of law; and have succumbed to
the arbitrary mandates of the other departments of the government, so
far as to carry out their enactments, though inconsistent with natural
right. But, as if sensible of the degradation and criminality of so
doing, they have made a stand at the first point at which they could
make it, without bringing themselves in a direct collision with those on
whom they were dependent. And that point is, that they will administer,
as law, no statute, that is contrary to natural right, unless its
language be so explicit and peremptory, that there is no way of evading
its authority, but by flatly denying the authority of those who enacted
it. They (the court) will themselves add nothing to the language of the
statute, to help out its supposed meaning. They will imply nothing,
infer nothing, and assume nothing, except what is inevitable; they will
not go out of the letter of the statute in search of any _historical_
evidence as to the meaning of the legislature, to enable them to
effectuate any _unjust_ intentions not fully expressed by the statute
itself. Wherever a statute is supposed to have in view the
accomplishment of any unjust end, they will apply the most stringent
principles of construction to prevent that object's being effected. They
will not go a hair's breadth beyond the literal or inevitable import _of
the words_ of the statute, even though they should be conscious, all the
while, that the real intentions of the makers of it would be entirely
defeated by their refusal. The rule, (as has been already stated,) is
laid down by the supreme court of the United States in these words:
Public-domain text, read in full here on John Shaqi.
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