The Unconstitutionality of SlaverySpooner, Lysander
Philosophy
The Unconstitutionality of Slavery
Spooner, Lysander
Slavery -- United States
Again. Even the allowance of the simple "_importation_" of slaves--(and
that is the most that is _literally_ provided for--and the word
"importation" must be construed to the letter,) would not, of itself,
give any authority for the continuance of the slavery _after_
"importation." If a man bring either property or persons into this
country, he brings them in to abide the constitutional laws of the
country; and not to be held according to the customs of the country from
which they were brought. Were it not so, the Turk might import a harem
of Georgian slaves, and, at his option, either hold them as his own
property, or sell them as slaves to our own people, in defiance of any
principles of freedom that should prevail amongst us. To allow this kind
of "importation," would be to allow not merely the importation of
foreign "persons," but also of foreign laws to take precedence of our
own.
Finally. The conclusion, that congress were restrained, by this clause,
only from prohibiting the immigration of a foreign population, and not
from prohibiting the importation of slaves, to be held as slaves after
their importation--is the more inevitable, from the fact that the power
given to congress of naturalizing foreigners, is entirely
unlimited--except that their laws must be uniform throughout the United
States. They have perfect power to pass laws that shall naturalize every
foreigner without distinction, the moment he sets foot on our soil. And
they had this power as perfectly prior to 1808, as since. And it is a
power entirely inconsistent with the idea that they were bound to admit,
and forever after to acknowledge as slaves, all or any who might be
attempted to be brought into the country as such.
One other provision of the constitution, viz: the one that "the United
States shall protect each of the States against domestic violence"--has
sometimes been claimed as a special pledge of impunity and succor to
that kind of "violence," which consists in one portion of the people's
standing constantly upon the necks of another portion, and robbing them
of all civil privileges, and trampling upon all their personal rights.
The argument seems to take it for granted, that the only proper way of
protecting a "_republican_" state (for the states are all to be
"republican,") against "domestic violence," is to plant men firmly upon
one another's necks, (about in the proportion of two upon one,) arm the
two with whip and spur, and then keep an armed force standing by to cut
down those that are ridden, if they dare attempt to throw the riders.
When the ridden portion shall, by this process, have been so far subdued
as to bear the burdens, lashings and spurrings of the other portion
without resistance, then the state will have been secured against
"domestic violence," and the "republican form of government" will be
completely successful.
Public-domain text, read in full here on John Shaqi.
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