The Unconstitutionality of SlaverySpooner, Lysander
Philosophy
The Unconstitutionality of Slavery
Spooner, Lysander
Slavery -- United States
And this consideration of certainty, as to the individuals and numbers
belonging to each of these two classes, "free" and "all other persons,"
acquires an increased and irresistible force, when it is considered that
these different classes of persons constitute also different bases for
taxation, as well as representation. The requirement of the constitution
is, that "representatives and _direct taxes_ shall be apportioned," &c.,
according to the number of "free persons" and "all other persons." In
reference to so important a subject as taxation, _accurate_ and _legal_
knowledge of the persons and numbers belonging to the different classes,
becomes indispensable. Yet under the slave construction this legal
knowledge becomes impossible. Under the other construction it is as
perfectly and entirely within the power of congress, as, in the nature
of things, such a subject can be--for naturalization is a legal process;
and legal records, prescribed by congress, may be, and actually are,
preserved of all the persons naturalized or made "free" by their laws.
If we adopt that meaning of the word "free," which is consistent with
freedom--that meaning which is consistent with natural right--the
meaning given to it by the Articles of Confederation, by the then
existing state constitutions, by the colonial charters, and by the
English law ever since our ancestors enjoyed the name of freemen, all
these difficulties, inconsistencies, contradictions and absurdities,
that must otherwise arise, vanish. The word "free" then describes the
native and naturalized citizens of the United States, and the words "all
other persons" describe resident aliens, "Indians not taxed," and
possibly some others. The representation is then placed upon the best,
most just, and most rational basis that the words used can be made to
describe. The representation also becomes equal and uniform throughout
the country. The principle of distinction between the two bases, becomes
also a stable, rational and intelligible one--one too necessarily
growing out of the exercise of one of the powers granted to
congress;--one, too, whose operation could have been foreseen and judged
of by the people who adopted the constitution--instead of one
fluctuating with the ever changing and arbitrary legislation of the
various states, whose mode and motives of action could not have been
anticipated. Adopt this definition of the word "free," and the same
legislature, (that is, the national one,) that is required by the
constitution to apportion the representation according to certain
principles, becomes invested--as it evidently ought to be, and as it
necessarily must be, to be efficient--with the power of determining, by
their own (naturalization) laws, who are the persons composing the
different bases on which its apportionment is to be made; instead of
being, as they otherwise would be, obliged to seek for these persons
through all the statute books of all the different states of the union,
Public-domain text, read in full here on John Shaqi.
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