The Unconstitutionality of SlaverySpooner, Lysander
Philosophy
The Unconstitutionality of Slavery
Spooner, Lysander
Slavery -- United States
Again. If we were permitted to go to the state constitutions, or to the
state statute books, to find who were the persons intended by the
constitution of the United States; and if, as the slave argument
assumes, it was left to the states respectively to prescribe who should,
and who should not, be "free" within the meaning of the constitution of
the United States, it would follow that the terms "free" and "all other
persons," might be applied in as many different ways, and to as many
different classes of persons, as there were different states in the
union. Not only so, but the application might also be varied at pleasure
in the same state. One inevitable consequence of this state of things
would be, that there could be neither a permanent, nor a uniform basis
of representation throughout the country. Another possible, and even
probable consequence would be, such inextricable confusion, as to the
persons described by the same terms in the different states, that
Congress could not apportion the national representation at all, in the
manner required by the constitution. The questions of law, arising out
of the different uses of the word "free," by the different states, might
be made so endless and inexplicable, that the state governments might
entirely defeat all the power of the general government to make an
apportionment.
If the slave construction be put upon this clause, still another
difficulty, in the way of making an apportionment, would follow, viz.,
that congress could have no _legal_ knowledge of the persons composing
each of the two different classes, on which its representation must be
based; for there is no legal record--known to the laws of the United
States, or even to the laws of the states--of those who are slaves, or
those who are not. The information obtained by the census takers, (who
have no legal records to go to,) must, in the nature of things, be of
the most loose and uncertain character, on such points as these. Any
accurate or _legal_ knowledge on the subject is, therefore, obviously
impossible. But if the other construction be adopted, this difficulty is
avoided--for congress then have the control of the whole matter, and may
adopt such means as may be necessary for ascertaining accurately the
persons who belong to each of these different classes. And by their
naturalization laws they actually do provide for a _legal_ record of all
who are made "free" by naturalization.
Public-domain text, read in full here on John Shaqi.
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