The Unconstitutionality of SlaverySpooner, Lysander
Philosophy
The Unconstitutionality of Slavery
Spooner, Lysander
Slavery -- United States
On the other hand, if the constitution be not of
this kind, it is equally wonderful that we have any slaves at all--for
the instrument offers no ground for saying that a colored man may be
made a slave, and a white man not.
Again. Slave acts were not "laws" according to any state constitution
that was in existence at the time the constitution of the United States
was adopted. And if they were not "laws" at that time, they have not
been made so since.
6. The constitution itself, (Art. 1. Sec. 2,) in fixing the basis of
representation, has plainly _denied_ that those described in Art. 4, as
"persons held to service or labor," are slaves,--for it declares that
"persons bound to service for a term of years" shall be "included" in
the "number of _free_ persons." There is no _legal_ difference between
being "bound to service," and being "held to service or labor." The
addition, in the one instance, of the words, "for a term of years," does
not alter the case, for it does not appear that, in the other, they are
"held to service or labor" beyond a fixed term--and, in the absence of
evidence from the constitution itself, the presumption must be that they
are not--because such a presumption makes it unnecessary to go out of
the constitution to find the persons intended, and it is also more
consistent with the prevalent municipal, and with natural law.
And it makes no difference to this result, whether the word "free," in
the first article, be used in the political sense common at that day, or
as the correlative of slavery. In either case, the persons described as
"free," could not be made slaves.
7. The words "service or labor" cannot be made to include slavery,
unless by reversing the legal principle, that the greater includes the
less, and holding that the less includes the greater; that the innocent
includes the criminal; that a sanction of what is right, includes a
sanction of what is wrong.
Another clause relied on as a recognition of the constitutionality of
slavery, is the following, (Art. 1. Sec. 2.):
"Representatives and direct taxes shall be apportioned among the
several states, which may be included within this union, according to
their respective numbers, which shall be determined by adding to the
whole number of _free_ persons, including those bound to service for
a term of years, and excluding Indians not taxed, three-fifths of all
other persons."
The argument claimed from this clause, in support of slavery, rests
entirely upon the word "free," and the words "all other persons." Or
rather it rests entirely upon the meaning of the word "free," for the
application of the words "all other persons" depends upon the meaning
given to the word "free." The slave argument _assumes_, _gratuitously_,
that the word "free" is used as the correlative of slavery and thence it
infers that the words, "all other persons," mean slaves.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account