The Unconstitutionality of SlaverySpooner, Lysander
Philosophy
The Unconstitutionality of Slavery
Spooner, Lysander
Slavery -- United States
Again. The word "free" cannot be presumed to be used as the correlative
of slavery--because slavery then had no _legal_ existence. The word must
obviously be presumed to be used as the correlative of something that
did _legally_ exist, rather than of something that did not legally
exist. If it were used as the correlative of something that did not
legally exist, the words "all other persons" would have no legal
application. Until, then, it be shown that slavery had a legal
existence, authorized either by the United States constitution, or by
the then existing state constitutions--a thing that cannot be shown--the
word "free" certainly cannot be claimed to have been used as its
correlative.
But even if slavery had been authorized by the _state_ constitutions,
the word "free," in the United States constitution, could not have been
claimed to have been used as its correlative, unless it had appeared
that the United States constitution had itself provided or suggested no
correlative of the word "free;" for it would obviously be absurd and
inadmissible to go out of an instrument to find the intended correlative
of one of its own words, when it had itself suggested one. This the
constitution of the United States has done, in the persons of aliens.
The power of naturalization is, by the constitution, taken from the
states, and given exclusively to the United States. The constitution of
the United States, therefore, necessarily supposes the existence of
aliens--and thus furnishes the correlative sought for. It furnishes a
class both for the word "free," and the words "all other persons" to
apply to. And yet the slave argument contends that we must overlook
these distinctions, necessarily growing out of the laws of the United
States, and go out of the constitution of the United States to _find_
persons whom it describes as the "free," and "all other persons." And
what makes the argument the more absurd is, that by going out of the
instrument to the _then existing state constitutions_--the only
instruments to which we can go--we can find there _no other_ persons for
the words to apply to--no other classes answering to the description of
the "free persons" and "all other persons,"--than the very classes
suggested by the United States constitution itself, to wit, citizens and
aliens; (for it has previously been shown that the then existing state
constitutions recognized no such persons as slaves.)
Public-domain text, read in full here on John Shaqi.
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