The Unconstitutionality of SlaverySpooner, Lysander
Philosophy
The Unconstitutionality of Slavery
Spooner, Lysander
Slavery -- United States
This version of this provision of the constitution presents a fair
illustration of those new ideas of law and language, that have been
invented for the special purpose of bringing slavery within the pale of
the constitution.
We have thus examined all those clauses of the constitution, that have
been relied on to prove that the instrument recognizes and sanctions
slavery. No one would have ever dreamed that either of these clauses
alone, or that all of them together, contained so much as an allusion to
slavery, had it not been for circumstances extraneous to the
constitution itself. And what are these extraneous circumstances? They
are the existence and toleration, in one portion of the country, of a
crime that embodies within itself nearly all the other crimes, which it
is the principal object of all our governments to punish and suppress; a
crime which we have therefore no more right to presume that the
constitution of the United States intended to sanction, than we have to
presume that it intended to sanction all the separate crimes which
slavery embodies, and our governments prohibit. Yet we have
_gratuitously_ presumed that the constitution intended to sanction all
these separate crimes, as they are comprehended in the general crime of
slavery. And acting upon this gratuitous presumption, we have sought, in
the words of the constitution, for some hidden meaning, which we could
imagine to have been understood, by the initiated, as referring to
slavery; or rather we have presumed its words to have been used as a
kind of cypher, which, among confederates in crime, (as we presume its
authors to have been,) was meant to stand for slavery. In this way, and
in this way only, we pretend to have discovered, in the clauses that
have been examined, a hidden, yet legal sanction of slavery. In the name
of all that is legal, who of us are safe, if our government, instead of
searching our constitution to find authorities for maintaining justice,
are to continue to busy themselves in such prying and microscopic
investigations, after such disguised and enigmatical authorities for
such wrongs as that of slavery, and their pretended discoveries are to
be adopted as law, which they are sworn to carry into execution?
Public-domain text, read in full here on John Shaqi.
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