The Unconstitutionality of SlaverySpooner, Lysander
Philosophy
The Unconstitutionality of Slavery
Spooner, Lysander
Slavery -- United States
If we are obliged, (as the slave argument claims we are,) to go out of
the constitution of the United States to find the class whom it
describes as "all other persons" than "the free," we shall, for aught I
see, be equally obliged to go out of it to find those whom it describes
as the "free"--for "the free," and "all other persons" than "the free,"
must be presumed to be found described somewhere in the same instrument.
If, then, we are obliged to go out of the constitution to find the
persons described in it as "the free" and "all other persons," we are
obliged to go out of it to ascertain who are the persons on whom it
declares that the representation of the government shall be based, and
on whom, of course, the government is founded. And thus we should have
the absurdity of a constitution that purports to authorize a government,
yet leaves us to go in search of the people who are to be represented in
it. Besides, if we are obliged to go out of the constitution, to find
the persons on whom the government rests, and those persons are
arbitrarily prescribed by some other instrument, independent of the
constitution, this contradiction would follow, viz., that the United
States government would be a subordinate government--a mere appendage to
something else--a tail to some other kite--or rather a tail to a large
number of kites at once--instead of being, as it declares itself to be,
the supreme government--its constitution and laws being the supreme law
of the land.
Again. It certainly cannot be admitted that we must go out of the United
States constitution to find the classes whom it describes as "the free,"
and "all other persons" than "the free," until it be shown that the
constitution has told us where to go to find them. _In all other cases_,
(without an exception, I think,) where the constitution makes any of its
provisions dependent upon the state constitutions, or state
legislatures, it has particularly described them as depending upon them.
But it gives no intimation that it has left it with the state
constitutions, or the state legislatures, to prescribe whom it means by
the terms "free persons" and "all other persons," on whom it requires
its own representation to be based. We have, therefore, no more
authority from the constitution of the United States, for going to the
state constitutions, to find the classes described in the former as the
"free persons" and "all other persons," than we have for going to Turkey
or Japan. We are compelled, therefore, to find them in the constitution
of the United States itself, if any answering to the description can
possibly be found there.
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