The Unconstitutionality of SlaverySpooner, Lysander
Philosophy
The Unconstitutionality of Slavery
Spooner, Lysander
Slavery -- United States
citizens by the adoption of the constitution, who were the _individuals_
that were thus made citizens? They were "the people of the United
States," of course--as the preamble to the constitution virtually
asserts. And if "the people of the United States" were made citizens by
the adoption of the constitution, then _all_ "the people of the United
States" were necessarily made citizens by it--for no discrimination is
made by the constitution between different individuals, "people of the
United States"--and there is therefore no means of determining who were
made citizens by the adoption of the constitution, unless _all_ "the
people of the United States" were so made. Any "person," then, who was
one of "the people of the United States" "at the time of the adoption of
this constitution," and who is thirty-five years old, and has resided
fourteen years within the United States, is eligible to the office of
president of the United States. And if every such person be eligible,
under the constitution, to the office of president of the United States,
the constitution certainly does not recognize them as slaves.
The other class of citizens, mentioned as being eligible to the office
of president, consists of the "natural born citizens." Here is an
implied assertion that _natural birth_ in the country gives the right of
citizenship. And if it gives it to one, it necessarily gives it to
all--for no discrimination is made; and if all persons, born in the
country, are not entitled to citizenship, the constitution has given us
no test by which to determine who of them are entitled to it.
Every person, then, born in the country, and that shall have attained
the age of thirty-five years, and been fourteen years a resident within
the United States, is eligible to the office of president. And if
eligible to that office, the constitution certainly does not recognize
him as a slave.
Persons, who are "citizens" of the United States, according to the
foregoing definitions, are also eligible to the offices of
representative and senator of the United States; and therefore cannot be
slaves.
_Ninth._ The constitution declares that "the trial of all crimes,
except in cases of impeachment, shall be _by jury_."--Also that
"Treason against the United States shall consist only in levying war
against them, or in adhering to their enemies, giving them aid and
comfort."
Public-domain text, read in full here on John Shaqi.
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