Project Gutenberg's The Unconstitutionality of Slavery, by Lysander Spooner

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Title: The Unconstitutionality of Slavery

Author: Lysander Spooner

Release Date: March 31, 2010 [EBook #31844]

Language: English

Character set encoding: ASCII

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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