The Unconstitutionality of SlaverySpooner, Lysander
Philosophy
The Unconstitutionality of Slavery
Spooner, Lysander
Slavery -- United States
Among these provisions are the following:
_First._ Congress have power to lay a capitation or poll tax upon the
people of the country. Upon whom shall this tax be levied? and who must
be held responsible for its payment? Suppose a poll tax were laid upon a
man, whom the state laws should pretend to call a slave. Are the United
States under the necessity of investigating, or taking any notice of the
fact of slavery, either for the purpose of excusing the man himself from
the tax, or of throwing it upon the person claiming to be his owner?
Must the government of the United States find a man's pretended owner,
or only the man himself, before they can tax him? Clearly the United
States are not bound to tax any one but the individual himself, or to
hold any other person responsible for the tax. Any other principle would
enable the state governments to defeat any tax of this kind levied by
the United States. Yet a man's liability to be held personally
responsible for the payment of a tax, levied upon himself by the
government of the United States, is inconsistent with the idea that the
government is bound to recognize him as not having the ownership of his
own person.
_Second._ "The congress shall have power to regulate commerce with
foreign nations, and among the several states, and with the Indian
tribes."
This power is held, by the supreme court of the United States, to be an
exclusive one in the general government; and it obviously must be so, to
be effectual--for if the states could also interfere to regulate it, the
states could at pleasure defeat the regulations of congress.
Congress, then, having the exclusive power of regulating this commerce,
they only (if any body) can say who may, and who may not, carry it on;
and probably even they have no power to discriminate arbitrarily between
individuals.--But, in no event, have the _state_ governments any right
to say who may, or who may not, carry on "commerce with foreign
nations," or "among the several states," or "with the Indian tribes."
Every individual--naturally competent to make contracts--whom the state
laws declare to be a slave, probably has, and certainly may have, under
the regulations of congress, as perfect a right to carry on "commerce
with foreign nations, and among the several states, and with the Indian
tribes," as any other citizen of the United States can have--"any thing
in the constitution or laws of any state to the contrary
notwithstanding." Yet this right of carrying on commerce is a right
entirely inconsistent with the idea of a man's being a slave.
Public-domain text, read in full here on John Shaqi.
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