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THE

UNCONSTITUTIONALITY

OF

SLAVERY.

BY LYSANDER SPOONER.

BOSTON:

PUBLISHED BY BELA MARSH,

NO. 25 CORNHILL.

1845.


ENTERED according to Act of Congress, in the year 1845, by LYSANDER
SPOONER, in the Clerk's Office of the District Court of Massachusetts.


DOW & JACKSON'S ANTI-SLAVERY PRESS.




CONTENTS.


CHAPTER I.--WHAT IS LAW?                              PAGE 5

   "   II.--WRITTEN CONSTITUTIONS,                        18

   "  III.--THE COLONIAL CHARTERS,                        24

   "   IV.--COLONIAL STATUTES,                            36

   "    V.--THE DECLARATION OF INDEPENDENCE,              42

   "   VI.--THE STATE CONSTITUTIONS OF 1789.
              (MEANING OF THE WORD "FREE,")               46

   "  VII.--THE ARTICLES OF CONFEDERATION,                61

   " VIII.--THE CONSTITUTION OF THE UNITED STATES,        65

   "   IX.--THE INTENTIONS OF THE CONVENTION,            135

   "    X.--THE PRACTICE OF THE GOVERNMENT,              145

   "   XI.--THE UNDERSTANDING OF THE PEOPLE,             147

   "  XII.--THE STATE CONSTITUTIONS OF 1845,             150

   " XIII.--THE CHILDREN OF SLAVES ARE BORN FREE,        153




THE
UNCONSTITUTIONALITY OF SLAVERY.




CHAPTER I.

WHAT IS LAW?


Before examining the language of the Constitution, in regard to Slavery,
let us obtain a view of the principles, by virtue of which _law_ arises
out of those constitutions and compacts, by which people agree to
establish government.

To do this it is necessary to define the term _law_. Popular opinions
are very loose and indefinite, both as to the true definition of law,
and also as to the principle, by virtue of which law results from the
compacts or contracts of mankind with each other.

What then is LAW? That law, I mean, which, and which only, judicial
tribunals are morally bound, under all circumstances, to declare and
sustain?

In answering this question, I shall attempt to show that law is an
intelligible principle of right, necessarily resulting from the nature
of man; and not an arbitrary rule, that can be established by mere will,
numbers or power.

To determine whether this proposition be correct, we must look at the
_general_ signification of the term _law_.

The true and general meaning of it, is that _natural_, permanent,
unalterable principle, which governs any particular thing or class of
things. The principle is strictly a _natural_ one; and the term applies
to every _natural_ principle, whether mental, moral or physical. Thus
we speak of the laws of mind; meaning thereby those _natural_, universal
and necessary principles, according to which mind acts, or by which it
is governed. We speak too of the moral law; which is merely an universal
principle of moral obligation, that arises out of the nature of men, and
their relations to each other, and to other things--and is consequently
as unalterable as the nature of men. And it is solely because it is
unalterable in its nature, and universal in its application, that it is
denominated law. If it were changeable, partial or arbitrary, it would
be no law. Thus we speak of physical laws; of the laws, for instance,
that govern the solar system; of the laws of motion, the laws of
gravitation, the laws of light, &c., &c.--Also the laws that govern the
vegetable and animal kingdoms, in all their various departments: among
which laws may be named, for example, the one that like produces like.
Unless the operation of this principle were uniform, universal and
necessary, it would be no law.

Law, then, applied to any object or thing whatever, signifies a
_natural_, unalterable, universal principle, governing such object or
thing. Any rule, not existing in the nature of things, or that is not
permanent, universal and inflexible in its application, is no law,
according to any correct definition of the term law.

What, then, is that _natural_, universal, impartial and inflexible
principle, which, under all circumstances, _necessarily