The Unconstitutionality of SlaverySpooner, Lysander
Philosophy
The Unconstitutionality of Slavery
Spooner, Lysander
Slavery -- United States
The same rules of construction, that apply to statutes, apply also to
all those private contracts between man and man, _which courts actually
enforce_. But as it is both the right and the duty of courts to
invalidate altogether such private contracts as are inconsistent with
justice, they will admit evidence exterior to their words, _if offered
by a defendant for the purpose of invalidating them_. At the same time,
a plaintiff, or party that wishes to set up a contract, or that claims
its fulfilment, will not be allowed to offer any evidence exterior to
its words, to prove that the contract is contrary to justice--because,
if his evidence were admitted, it would not make his unjust claim a
legal one; but only invalidate it altogether. But as courts do not claim
the right of invalidating statutes and constitutions, they will not
admit evidence, exterior to their language, to give them such a
meaning, that they ought to be invalidated.
I think no one--no lawyer, certainly--will now deny that it is a legal
rule of interpretation--that must be applied to all statutes, and also
to all private contracts _that are to be enforced_--that an innocent
meaning, _and nothing beyond an innocent meaning_, must be given to all
language that will possibly bear such a meaning. All will probably admit
that the rule, as laid down by the supreme court of the United States,
is correct, to wit, that "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."
But perhaps it will be said that these rules, which apply to all
statutes, and to all private contracts that are to be enforced, do not
apply to the constitution. And why do they not? No reason whatever can
be given. A constitution is nothing but a contract, entered into by the
mass of the people, instead of a few individuals. This contract of the
people at large becomes a law unto the judiciary that administer it,
just as private contracts, (so far as they are consistent with natural
right,) are laws unto the tribunals that adjudicate upon them. All the
essential principles that enter into the question of obligation, in the
case of a private contract, or a legislative enactment, enter equally
into the question of the obligation of a contract agreed to by the whole
mass of the people. This is too self-evident to need illustration.
Public-domain text, read in full here on John Shaqi.
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