The Unconstitutionality of SlaverySpooner, Lysander
Philosophy
The Unconstitutionality of Slavery
Spooner, Lysander
Slavery -- United States
"Where rights are infringed, where fundamental principles are
overthrown, where the general system of the law is departed from, the
legislative intention must be expressed with _irresistible clearness_,
to induce a court of justice to suppose a design to effect such
objects."--(_United States_ vs. _Fisher et al., 2 Cranch_, 390.)[18]
Such has become the settled doctrine of courts. And although it does not
come up to the true standard of law, yet it is good in itself, so far as
it goes, and ought to be unflinchingly adhered to, not merely for its
own sake, but also as a scaffolding, from which to erect that higher
standard of law, to wit, that no language or authority whatever can
legalize any thing inconsistent with natural justice.[19]
Another reason for the rules before given, against all constructions,
implications and inferences--except inevitable ones--in favor of
injustice, is, that but for them we should have no guaranty that our
honest contracts, or honest laws would be honestly administered by the
judiciary. It would be nearly or quite impossible for men, in framing
their contracts or laws, to use language so as to exclude every possible
implication in favor of wrong, if courts were allowed to resort to such
implications. _The law therefore excludes them_; that is, the ends of
justice--the security of men's rights under their honest contracts, and
under honest legislative enactments--make it imperative upon courts of
justice to ascribe an innocent and honest meaning to all language that
will possibly bear an innocent and honest meaning. If courts of justice
could depart from this rule for the purpose of upholding what was
contrary to natural right, and could employ their ingenuity in spying
out some implied or inferred authority, for sanctioning what was in
itself dishonest or unjust, when such was not the _necessary_ meaning of
the language used, there could be no security whatever for the honest
administration of honest laws, or the honest fulfilment of men's honest
contracts. Nearly all language, on the meaning of which courts
adjudicate, would be liable, at the caprice of the court, to be
perverted from the furtherance of honest, to the support of dishonest
purposes. Judges could construe statutes and contracts in favor of
justice or injustice, as their own pleasure might dictate.
Another reason of the rules, is, that as governments have, and can have
no legitimate objects or powers opposed to justice and natural right, it
would be treason to all the legitimate purposes of government, for the
judiciary to give any other than an honest and innocent meaning to any
language, that would bear such a construction.
The same reasons that forbid the allowance of any unnecessary
implication or inference in favor of a wrong, in the construction of a
statute, forbids also the introduction of any _extraneous or historical_
evidence to prove that the intentions of the legislature were to
sanction or authorize a wrong.
Public-domain text, read in full here on John Shaqi.
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