The Unconstitutionality of SlaverySpooner, Lysander
Philosophy
The Unconstitutionality of Slavery
Spooner, Lysander
Slavery -- United States
If the _whole_ people of the United States were not recognized as
citizens by the constitution, then the constitution gives no information
as to what portion of the people were to be citizens under it. And the
consequence would then follow that the constitution established a
government that could not know its own citizens.
We cannot go out of the constitution for evidence to prove who were to
be citizens under it. We cannot go out of a written instrument for
evidence to prove the parties to it, nor to explain its meaning, except
the language of the instrument on that point be ambiguous. In this case
there is no ambiguity. The language of the instrument is perfectly
explicit and intelligible.
Because the whole people of the country were not allowed to vote on the
ratification of the constitution, it does not follow that they were not
made citizens under it; for women and children did not vote on its
adoption; yet they are made citizens by it, and are entitled as citizens
to its protection; and the state governments cannot enslave them. The
national constitution does not limit the right of citizenship and
protection by the right of suffrage, any more than do the state
constitutions. Under the most, probably under all the state
constitutions, there are persons who are denied the right of
suffrage--but they are not therefore liable to be enslaved.
Those who did take part in the actual ratification of the constitution,
acted in behalf of, and, _in theory_, represented the authority of the
whole people. Such is the theory in this country wherever suffrage is
confined to a few; and such is the virtual declaration of the
constitution itself. The declaration that "we _the people_ of the United
States do ordain and establish this constitution," is equivalent to a
declaration that those who actually participated in its adoption, acted
in behalf of all others, as well as for themselves.
Any private intentions or understandings, on the part of one portion of
the people, as to who should be citizens, cannot be admitted to prove
that such portion only were intended by the constitution, to be
citizens; for the intentions of the other portion would be equally
admissible to exclude the exclusives. The mass of the people can claim
citizenship under the constitution, on no other ground than as being a
part of "the people of the United States;" and such claim necessarily
admits that all other "people of the United States" are equally
citizens.
That the designation, "We the people of the United States," included the
whole people that properly belonged to the United States, is also proved
by the fact that no exception is made in any other part of the
instrument.
Public-domain text, read in full here on John Shaqi.
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