The Unconstitutionality of SlaverySpooner, Lysander
Philosophy
The Unconstitutionality of Slavery
Spooner, Lysander
Slavery -- United States
All the arguments in favor of slavery, that have heretofore been drawn
from this clause of the constitution, have been founded on the
assumption, that if an act of a legislature did but purport to "hold
persons to service or labor"--no matter how, on what conditions, or for
what cause--that fact alone was sufficient to make the act
constitutional. The entire sum of the argument, in favor of slavery, is
but this, viz. the constitution recognizes the constitutionality of
"laws" that "hold persons to service or labor,"--slave acts "hold
persons to service or labor,"--therefore slave acts must be
constitutional. This profound syllogism is the great pillar of slavery
in this country. It has, (if we are to judge by results,) withstood the
scrutiny of all the legal acumen of this nation for fifty years and
more. If it should continue to withstand it for as many years as it has
already done, it will then be time to propound the following, to wit:
The state constitutions recognize the right of men to acquire property;
theft, robbery, and murder are among the modes in which property may be
acquired; therefore theft, robbery, and murder are recognized by these
constitutions as lawful.
No doubt the clause contemplates that there may be constitutional
"laws," under which persons may be "held to service or labor." But it
does not follow, therefore, that every act, that purports to hold
"persons to service or labor," is constitutional.
We are obliged, then, to determine whether a statute be constitutional,
before we can determine whether the "service or labor" required by it,
is sanctioned by the constitution as being lawfully required. The simple
fact, that the statute would "hold persons to service or labor," is, _of
itself_, no evidence, either for or against its constitutionality.
Whether it be or be not constitutional, may depend upon a variety of
contingencies--such as the kind of service or labor required, and the
conditions on which it requires it. Any service or labor, that is
inconsistent with the duties which the constitution requires of the
people, is of course not sanctioned by this clause of the constitution
as being lawfully required. Neither, of course, is the requirement of
service or labor, _on any conditions, that are inconsistent with any
rights that are secured to the people by the constitution_, sanctioned
by the constitution as lawful. Slave laws, then, can obviously be held
to be sanctioned by this clause of the constitution, only by
gratuitously assuming, 1st, that the constitution neither confers any
rights, nor imposes any duties, upon the people of the United States,
inconsistent with their being made slaves; and, 2d, that it sanctions
the general principle of holding "persons to service or labor"
arbitrarily, without contract, without compensation, and without the
charge of crime. If this be really the kind of constitution that has
been in force since 1789, it is somewhat wonderful that there are so few
slaves in the country.
Public-domain text, read in full here on John Shaqi.
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