The Unconstitutionality of SlaverySpooner, Lysander
Philosophy
The Unconstitutionality of Slavery
Spooner, Lysander
Slavery -- United States
This latter is really the doctrine of some of the slave states--the
"state-rights" doctrine, so called. That doctrine holds that the general
government is merely a confederacy or league of the several states, _as
states_; not a government established by the people, _as people_. This
"state-rights" doctrine has been declared unconstitutional by reiterated
opinions of the supreme court of the United States;[22] and, what is of
more consequence, it is denied also by the preamble to the constitution
itself, which declares that it is "the people," (and not the state
governments,) that ordain and establish it. It is true also that the
constitution was ratified by conventions of the people, and not by the
legislatures of the states. Yet because the constitution was ratified by
conventions of the states _separately_, (as it naturally would be for
convenience, and as it necessarily must have been for the reason that
none but the people of the respective states could recall any portion of
the authority they had, delegated to their state governments, so as to
grant it to the United States government,)--yet because it was thus
ratified, I say, some of the slave states have claimed that the general
government was a league of states, instead of a government formed by
"the people." The true reason why the slave states have held this
theory, probably is, because it would give, or appear to give, to the
states the right of determining who should, and who should not, be
citizens of the United States. They probably saw that if it were
admitted that the constitution of the United States had designated its
own citizens, it had undeniably designated the whole people of the then
United States as such; and that, as a state could not enslave a citizen
of the United States, (on account of the supremacy of the constitution
of the United States,) it would follow that there could be no
constitutional slavery in the United States.
Again. If the constitution was established by authority of all "the
people of the United States," they were all legally parties to it, and
citizens under it. And if they were parties to it, and citizens under
it, it follows that neither they, _nor their posterity_, nor any nor
either of them, can ever be legally enslaved within the territory of the
United States; for the constitution declares its object to be, among
other things, "to secure the blessings of liberty to _ourselves, and our
posterity_." This purpose of the national constitution is a law
paramount to all state constitutions; for it is declared that "this
constitution, and the laws of the United States that shall be made in
pursuance thereof, and all treaties made, or which shall be made under
the authority of the United States, shall be the supreme law of the
land; and the judges _in every state_ shall be bound thereby, any thing
in the constitution or laws of any state to the contrary
notwithstanding."
Public-domain text, read in full here on John Shaqi.
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