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The Unconstitutionality of Slavery

Spooner

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Book Excerpt: 
. . .Africa to America—however we may suppose it to have been designed to hint a personal approbation, on the part of parliament, of the actual traffic.

But lest I may be suspected of having either misrepresented the words of the statute, or placed upon them an erroneous legal construction, I give all the words of the statute, that make any mention of "negroes," or their importation, with so much of the context as will enable the reader to judge for himself of the legal import of the whole.

The act is entitled, "An Act to settle the Trade to Africa." Sec. 1 recites as follows:—

"Whereas, the Trade to Africa is highly beneficial and advantageous to this kingdom and to the Plantations and Colonies thereunto belonging."

The act contains twenty-one sections, regulating trade, duties. &., like any other navigation act. "Negroes" are mentioned only in the following instances and connexions, to wit:

Sec. 7. "And be it enac. . . Read More

Community Reviews

A fascinating little read. Starting from the colonial charters requiring colonial laws not to contradict British law and the Somerset case outlawing slavery, Spooner shows slavery really didn't have a legal leg to stand on (not a single state constitution mentioned slavery when the national constitu

Just Amazing. Go read it. it is short and beautiful. I have read it 3 or 4 times already and I am reading it again

While the constitutional theory itself is very interesting, it is pretty boring to read. We can all agree, however, that Lysander Spooner is one of the greatest names in history.

Spooner's Constitution sits precariously atop his idiosyncratic account of natural law. To the extent that this Constitution adheres to or enforces his conception of natural law - as natural justice - it is valid. To the extent that this Constitution, or any of the institutions it sustains, fails to

This book makes a very convincing case in regards to its ultimate goal, but Spooner occasionally goes so crazy in his effort to include every possible argument in its favor that the book is a longer and more tedious read than it needed to be. The weak arguments don't overpower the strong by any mean

A curious and remarkable book by a Massachusetts attorney, and proto-libertarian, Lysander Spooner, arguing in 1845 that slavery was unconstitutional. He takes the question from numerous angles, from English common law and statutes in the colonial period, colonial charters, state constitutions after