The Unconstitutionality of SlaverySpooner, Lysander
Philosophy
The Unconstitutionality of Slavery
Spooner, Lysander
Slavery -- United States
If the constitution had intended that any portion of "the people of the
United States" should be excepted from its benefits, disfranchised,
outlawed, enslaved, it would of course have designated these exceptions
with such particularity as to make it sure that none but the true
persons intended would be liable to be subjected to such wrongs. Yet,
instead of such particular designation of the exceptions, we find no
designation whatever of the kind. But on the contrary, we _do_ find, in
the preamble itself, a sweeping declaration to the effect that there are
no such exceptions; that the whole people of the United States are
citizens, and entitled to liberty, protection, and the dispensation of
justice under the constitution.
If it be admitted that the constitution designated its own citizens,
then there is no escape from the conclusion that it designated the
whole people of the United States as such. On the other hand, if it be
denied that the constitution designated its own citizens, one of these
two conclusions must follow, viz., 1st, that it has no citizens; or, 2d,
that it has left an unrestrained power in the _state_ governments to
determine who may, and who may not, be citizens of the _United States_
government. If the first of these conclusions be adopted, viz., that the
constitution has no citizens, then it follows that there is really no
United States government, except on paper--for there would be as much
reason in talking of an army without men, as of a government without
citizens. If the second conclusion be adopted, viz., that the state
governments have the right of determining who may, and who may not be
citizens of the United States government, then it follows that the state
governments may at pleasure destroy the government of the United States,
by enacting that none of their respective inhabitants shall be citizens
of the United States.
Public-domain text, read in full here on John Shaqi.
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