The Unconstitutionality of SlaverySpooner, Lysander
Philosophy
The Unconstitutionality of Slavery
Spooner, Lysander
Slavery -- United States
No one, I suppose, doubts that if the state governments were to abolish
slavery, the slaves would then, without further legislation, become
citizens of the United States. Yet, in reality, if they would become
citizens then, they are equally citizens now--else it would follow that
the state governments had an arbitrary power of making citizens of the
United States; or--what is equally absurd--it would follow that
disabilities, arbitrarily imposed by the state governments, upon native
inhabitants of the country, were, of themselves, sufficient to deprive
such inhabitants of their citizenship, which would otherwise have been
conferred upon them by the constitution of the United States. To suppose
that the state governments are thus able, arbitrarily, to keep in
abeyance, or arbitrarily to withhold from any of the inhabitants of the
country, any of the benefits or rights which the national constitution
intended to confer upon them, would be to suppose that the state
constitutions were paramount to the national one. The conclusion,
therefore, is inevitable, that the state governments have no power to
withhold the rights of citizenship from any who are otherwise competent
to become citizens. And as all the native born inhabitants of the
country are at least competent to become citizens of the United States,
(if they are not already such,) the state governments have no power, by
slave laws or any other, to withhold the rights of citizenship from
them.
But however clear it may be, that the constitution, in reality, made
citizens of all "the people of the United States," yet it is not
necessary to maintain that point, in order to prove that the
constitution gave no guaranty or sanction to slavery--for if it had not
already given citizenship to all, it nevertheless gave to the government
of the United States unlimited power of offering citizenship to all. The
power given to the government of passing naturalization laws, is
entirely unrestricted, except that the laws must be uniform throughout
the country. And the government have undoubted power to offer
naturalization and citizenship to every person in the country, whether
foreigner or native, who is not already a citizen. To suppose that we
have in the country three millions of native born inhabitants, not
citizens, and whom the national government has no power to make
citizens, when its power of naturalization is entirely unrestricted, is
a palpable contradiction.
But further. The constitution of the United States must be made
consistent with itself throughout; and if any of its parts are
irreconcilable with each other, those parts that are inconsistent with
liberty, justice and right, must be thrown out for inconsistency.
Besides the provisions already mentioned, there are numerous others, in
the constitution of the United States, that are entirely and
irreconcilably inconsistent with the idea that there either was, or
could be, any constitutional slavery in this country.
Public-domain text, read in full here on John Shaqi.
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