The Unconstitutionality of SlaverySpooner, Lysander
Philosophy
The Unconstitutionality of Slavery
Spooner, Lysander
Slavery -- United States
Another reason, which makes it necessary that this construction should
be placed upon the word "_importation_," is, that the clause contains no
other word that describes the immigration of foreigners. Yet that the
clause related to the immigration of foreigners _generally_, and that it
restrained congress, (up to the year 1808,) from prohibiting the
immigration of foreigners generally, there can be no doubt.
The object, and the only _legal_ object, of the clause was to restrain
congress from so exercising their "power of regulating commerce with
foreign nations, and among the several states, and with the Indian
tribes"--(which power has been decided by the supreme court of the
United States, to include a power over navigation and the transportation
of passengers in boats and vessels[21])--as to obstruct the introduction
of new population into such of the states as were desirous of increasing
their population in that manner. The clause does not imply at all, that
the population, which the states were thus to "admit," was to be a slave
population.
The word "importation," (I repeat,) is the only word in the clause, that
applies to persons that were to _come into_ the country from foreign
nations. The word "_migration_" applies only to those who were to _go
out from_ one of our own states or territories into another.
"_Migration_" is the act of _going out_ from a state or country; and
differs from immigration in this, that immigration is the act of _coming
into_ a state or country. It is obvious, therefore, that the
"_migration_," which congress are here forbidden to prohibit, is simply
the _going out_ of persons from one of our own states or territories
into another--(for that is the only "_migration_" that could come within
the jurisdiction of congress)--and that it has no reference to persons
_coming in_ from foreign countries to our own.
If, then, "migration," as here used, has reference only to persons
_going out_ from one state into another, the word "_importation_" is the
only one in the clause that is applicable to foreigners coming into our
country. This word "importation," then, being the only word that can
apply to persons coming into the country, it must be considered as
substantially synonymous with immigration, and must apply equally to
_all_ "persons," that are "imported," or brought into the country as
passengers. And if it applies equally to all persons, that are brought
in as passengers, it does not _imply_ that any of those persons are
slaves; for no one will pretend that this clause ever authorized the
state governments to treat as slaves _all_ persons that were brought
into the country as passengers. And if it did not authorize them to
treat all such passengers as slaves, it did not authorize them to treat
any of them as such; for it makes no discrimination between the
different "persons" that should be thus imported.
Public-domain text, read in full here on John Shaqi.
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