The Unconstitutionality of SlaverySpooner, Lysander
Philosophy
The Unconstitutionality of Slavery
Spooner, Lysander
Slavery -- United States
It is obvious that the word "free" affords no argument for slavery,
unless a meaning correlative with slavery be _arbitrarily_ given to it,
for the very purpose of _making_ the constitution sanction or recognize
slavery. Now it is very clear that no such meaning can be given to the
word, _for such a purpose_. The ordinary meaning of a word cannot be
thus arbitrarily changed, _for the sake of sanctioning a wrong_. A
choice of meaning would be perfectly allowable, and even obligatory, if
made for the purpose of _avoiding_ any such sanction; but it is entirely
inadmissable for the purpose of giving it. The legal rules of
interpretation, heretofore laid down, imperatively require this
preference of the right, over the wrong, in all cases where a word is
susceptible of different meanings.
The English law had for centuries used the word "free" as describing
persons possessing citizenship, or some other franchise or peculiar
privilege--as distinguished from aliens, and persons not possessed of
such franchise or privilege. This law, and this use of the word "free,"
as has already been shown, had been adopted in this country from its
first settlement. The colonial charters all, (probably without an
exception,) recognized it. The colonial legislation generally, if not
universally, recognized it. The state constitutions, in existence at the
time the constitution of the United States was formed and adopted, used
the word in this sense, and no other. The Articles of Confederation--the
then existing national compact of union--used the word in this sense,
and no other. The sense is an appropriate one in itself; the most
appropriate to, and consistent with the whole character of the
constitution, of any of which the word is susceptible. In fact, it is
the only one that is either appropriate to, or consistent with, the
other parts of the instrument. Why, then, is it not the legal meaning?
Manifestly it _is_ the legal meaning. No reason whatever can be given
against it, except that, if such be its meaning, _the constitution will
not sanction slavery_! A very good reason--a perfectly unanswerable
reason, in fact--in favor of this meaning; but a very futile one against
it.
It is evident that the word "free" is not used as the correlative of
slavery, because "Indians not taxed" are "excluded" from its
application--yet they are not therefore slaves.
Public-domain text, read in full here on John Shaqi.
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