The Unconstitutionality of SlaverySpooner, Lysander
Philosophy
The Unconstitutionality of Slavery
Spooner, Lysander
Slavery -- United States
The clauses mentioned, taken either separately or collectively, neither
assert, imply, sanction, recognize nor acknowledge any such thing as
slavery. They do not even speak of it. They make no allusion to it
whatever. They do not suggest, and, of themselves, never would have
suggested the idea of slavery. There is, in the whole instrument, no
such word as slave or slavery; nor any language that can legally be made
to assert or imply the existence of slavery. There is in it nothing
about color; nothing from which a liability to slavery can be predicated
of one person more than another; or from which such a liability can be
predicated of any person whatever. The clauses, that have been claimed
for slavery, are all, in themselves, honest in their language, honest in
their legal meaning; and they can be made otherwise only by such
gratuitous assumptions against natural right, and such straining of
words in favor of the wrong, as, if applied to other clauses, would
utterly destroy every principle of liberty and justice, and allow the
whole instrument to be perverted to every conceivable purpose of tyranny
and crime.
Let us now look at the _positive_ provisions of the constitution, _in
favor of liberty_, and see whether they are not only inconsistent with
any legal sanction of slavery, but also whether they must not, of
themselves, have necessarily extinguished slavery, if it had had any
constitutional existence to be extinguished.
And, first, the constitution made all "the people of the United States"
_citizens_ under the government to be established by it; for all of
those, by whose authority the constitution declares itself to be
established, must of course be presumed to have been made citizens under
it. And whether they were entitled or not to the right of suffrage, they
were at least entitled to all the personal liberty and protection, which
the constitution professes to secure to "the people" generally.
Who, then, established the constitution?
The preamble to the constitution has told us in the plainest possible
terms, to wit, that "We, _the people_ of the United States" "do ordain
and establish this constitution," &c.
By "the people of the United States," here mentioned, the constitution
intends _all_ "the people" then permanently inhabiting the United
States. If it does not intend all, who were intended by "the people of
the United States?"--The constitution itself gives no answer to such a
question.--It does not declare that "we, the _white_ people," or "we,
the _free_ people," or "we, a _part_ of the people"--but that "we, _the_
people"--that is, we the _whole_ people--of the United States, "do
ordain and establish this constitution."
Public-domain text, read in full here on John Shaqi.
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