The Unconstitutionality of SlaverySpooner, Lysander
Philosophy
The Unconstitutionality of Slavery
Spooner, Lysander
Slavery -- United States
Again. The argument, that the allowance of the "importation" of
"persons," implies the allowance of property in such persons, would
imply a recognition of the validity of the slave laws of other
countries; for unless slaves were obtained by valid purchase
abroad--which purchase implies the existence and validity of foreign
slave laws--the importer certainly could not claim to import his slaves
as property; but he would appear, at the custom-house, as a mere pirate,
claiming to have his captures legalized. So that, _according to the
slave argument_, the simple use of the word "importation," in the
constitution, as applied to "persons," bound our government, not only to
the sanction and toleration of slavery in our own country, but to the
recognition of the validity of the slave laws of other countries.
But farther. The allowance of the "importation" of slaves, as such,
under this clause of the constitution, would imply that congress must
take actual, and even the most critical cognizance of the slave laws of
other countries; and that they should allow neither the mere word of the
person calling himself the owner, nor any thing short of the fullest and
clearest legal proof, according to the laws of those countries, to be
sufficient to enable him to enter his slaves, as property, at the
custom-house; otherwise any masters of vessels, from England or France,
as well as from Africa, might, on their arrival here, claim their
passengers as slaves. Did the constitution, in this clause, by simply
using the word "importation," instead of immigration, intend to throw
upon the national government--at the hazard of making it a party to the
illegal enslavement of human beings--the responsibility of
investigating and deciding upon the legality and credibility of all the
evidence that might be offered by the piratical masters of slave ships,
to prove their valid purchase of, and their right of property in their
human cargoes, according to the slave laws of the countries from which
they should bring them? Such must have been the intention of the
constitution, if it intended, (as it must, if it intended any thing of
this kind,) that the fact of "importation" under the commercial
regulations of congress, should be thereafter a sufficient authority for
holding in slavery the persons imported.
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