A man is none the less a slave because he is allowed to choose a new master once in a term of years. Neither are a people any the less slaves because permitted periodically to choose new masters.
Lysander SpoonerThe trial by jury is a trial by 'the country,' in contradistinction to a trial by the government. The jurors are drawn by lot from the mass of the people, for the very purpose of having all classes of minds and feelings, that prevail among the people at large, represented in the jury.
Lysander SpoonerIf it be said that the consent of the strongest party in a nation, is all that is necessary to justify the establishment of a government that shall have authority over the weaker party, it may be answered that the most despotic governments in the world rest upon that very principle, viz.: the consent of the strongest party.
Lysander SpoonerThe right and the physical power of the people to resist injustice, are really the only securities that any people ever can have for their liberties. Practically no government knows any limit to its power but the endurance of the people.
Lysander SpoonerTo measure prices by a currency that is called by the same names as gold, but that is really inferior in value to gold, and then - because those prices are nominally higher than gold prices - to say that they are inflated, relatively to gold, is a perfect absurdity.
Lysander SpoonerThe rescue of a person, who is assaulted, or restrained of his liberty, without authority of law, is not only morally, but legally, a meritorious act; for every body is under obligation to go to the assistance of one who is assailed by assassins, robbers, ravishers, kidnappers, or ruffians of any kind.
Lysander SpoonerBut for their right to judge of the law, and the justice of the law, juries would be no protection to an accused person, even as to matters of fact; for, if the government can dictate to a jury any law whatever, in a criminal case, it can certainly dictate to them the laws of evidence.
Lysander SpoonerChildren learn many principles of natural law at a very early age. For example: they learn that when one child has picked up an apple or a flower, it is his, and that his associates must not take it from him against his will.
Lysander SpoonerNow a slave is not 'held' by any legal contract, obligation, duty, or authority, which the laws will enforce. He is 'held' only by brute force. One person beats another until the latter will obey him, work for him, if he require it, or do nothing if he require it.
Lysander SpoonerIf any man's money can be taken by a so-called government, without his own personal consent, all his other rights are taken with it; for with his money the government can, and will, hire soldiers to stand over him, compel him to submit to its arbitrary will, and kill him if he resists.
Lysander SpoonerAll, or nearly all, the advantage there is in fixing any constitutional limits to the power of a government, is simply to give notice to the government of the point at which it will meet with resistance.
Lysander SpoonerNo man can delegate,... any right of arbitrary dominion over a 3rd person; for that would imply a right in the 1st person, not only to make the 3rd person his slave, but also a right to dispose of him as a slave to still other persons. Any contract to do this is necessarily a criminal one...To call such a contract a โconstitutionโ does not at all lessen its criminality, or add to its validity.
Lysander SpoonerVices are simply the errors which a man makes in his search after his own happiness. Unlike crimes, they imply no malice toward others, and no interference with their persons or property.
Lysander SpoonerDoing a thing by law, or according to law, is only carrying the law into execution. And punishing a man by, or according to, the sentence or judgment of his peers, is only carrying that sentence or judgment into execution.
Lysander SpoonerIt is a natural impossibility for any man to make a binding contract, by which he shall surrender to others a single one of what are commonly called his 'natural, inherent, inalienable rights.'
Lysander SpoonerAny 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.
Lysander SpoonerDoubtless the most miserable of men, under the most oppressive government in the world, if allowed the ballot, would use it, if they could see any chance of thereby ameliorating their condition.
Lysander SpoonerIt is with government paper, and bank paper, as it is with the paper of private persons; that is, it is worth just what can be delivered in redemption of it, and no more. We all understand that the notes of the Astors, and Stewarts, and Vanderbilts, though issued by millions, and tens of millions, are really worth their nominal values.
Lysander SpoonerThe constitution of the United States declares that "no State shall pass any law impairing the obligation of contracts."
Lysander SpoonerAll know the importance of sustaining the hopes of a sick man. The reason of this is that his nervous system is then, vastly more than in health, susceptible to the influence of particular states of the mind.
Lysander SpoonerAny number of scoundrels, having money enough to start with, can establish themselves as a 'government'; because, with money, they can hire soldiers, and with soldiers extort more money; and also compel general obedience to their will.
Lysander SpoonerA slave government is an oligarchy; and one, too, of the most arbitrary and criminal character.
Lysander SpoonerJesus never instructed men to do what was right because it was right; yet this is the true reason why they should do it.
Lysander SpoonerIf men were but to read the New Testament with the same tone and emphasis, with which they do other books, and were to keep out of mind the idea of its being sacred, they would be disgusted with the credulity, and the want of intellect, reason and judgment, that is apparent in it.
Lysander SpoonerThe single despot stands out in the face of all men, and says: I am the State: My will is law: I am your master: I take the responsibility of my acts: The only arbiter I acknowledge is the sword: If any one denies my right, let him try conclusions with me.
Lysander SpoonerA man's 'original and natural right' to make all contracts that are 'intrinsically obligatory,' and to coerce the fulfillment of them, is one of the most valuable and indispensable of all human possessions.
Lysander SpoonerAll governments, the worst on earth, and the most tyrannical on earth, are free governments to that portion of the people who voluntarily support them.
Lysander SpoonerAnd yet we have what purports, or professes, or is claimed, to be a contractโthe Constitutionโmade eighty years ago, by men who are now all dead, and who never had any power to bind us, but which (it is claimed) has nevertheless bound three generations of men, consisting of many millions, and which (it is claimed) will be binding upon all the millions that are to come; but which nobody ever signed, sealed, delivered, witnessed, or acknowledged; and which few persons, compared with the whole number that are claimed to be bound by it, have ever read, or even seen, or ever will read, or see.
Lysander SpoonerTo say that majorities, as such, have a right to rule minorities, is equivalent to saying that minorities have, and ought to have, no rights, except such as majorities please to allow them.
Lysander SpoonerIf the jury have no right to judge of the justice of a law of the government, they plainly can do nothing to protect the people against the oppressions of the government; for there are no oppressions which the government may not authorize by law.
Lysander SpoonerThere has been no clearer principle of English or American constitutional law than that, in criminal cases, it is not only the power and duty of juries to judge what are the facts, what is the law, and what is the moral intent of the accused; but that it is also their power, and their primary and paramount duty, to judge the justice of the law, and to hold all laws invalid, that are, in their opinion, unjust or oppressive, and find all persons guiltless in violating, or resisting the execution of, such laws.
Lysander SpoonerIf a jury have not the right to judge between the government and those who disobey its laws, and resist its oppressions, the government is absolute, and the people, legally speaking, are slaves.
Lysander SpoonerThe Rothschilds, and that class of money-lenders of whom they are the representatives and agents - men who never think of lending a shilling to their next-door neighbors, for purposes of honest industry, unless upon the most ample security, and at the highest rate of interest - stand ready, at all times, to lend money in unlimited amounts to those robbers and murderers, who call themselves governments, to be expended in shooting down those who do not submit quietly to being robbed and enslaved.
Lysander SpoonerSlavery, if it can be legalized at all, can be legalized only by positive legislation. Natural law gives it no aid. Custom imparts to it no legal sanction.
Lysander SpoonerAll legitimate government is a mutual insurance company, voluntarily agreed upon by the parties to it, for the protection of their rights against wrong-doers. In its voluntary character it is precisely similar to an association for mutual protection against fire or shipwreck.
Lysander SpoonerThe highwayman takes solely upon himself the responsibility, danger, and crime of his own act. He does not pretend that he has any rightful claim to your money, or that he intends to use it for your own benefit ... Furthermore, having taken your money, he leaves you, as you wish him to do ... He does not keep "protecting" you by commanding you to bow down and serve him; by requiring you to do this, and forbidding you to do that.
Lysander SpoonerOne essential of a free government is that it rest wholly on voluntary support. And one certain proof that a government is not free, is that it coerces more or less persons to support it, against their will.
Lysander SpoonerIt cannot be said that the Constitution formed 'the people of the United States,' for all time, into a corporation. It does not speak of 'the people' as a corporation, but as individuals. A corporation does not describe itself as 'we,' nor as 'people,' nor as 'ourselves.' Nor does a corporation, in legal language, have any 'posterity.'
Lysander SpoonerIf those persons, who fancy themselves gifted with both the power and the right to define and punish other men's vices, would but turn their thoughts inwardly, they would probably find that they have a great work to do at home; and that, when that shall have been completed, they will be little disposed to do more towards correcting the vices of others, than simply to give to others the results of their experience and observation.
Lysander SpoonerA man's natural rights are his own, against the whole world; and any infringement of them is equally a crime, whether committed by one man, or by millions; whether committed by one man, calling himself a robber, (or by any other name indicating his true character,) or by millions, calling themselves a government.
Lysander SpoonerThe imaginations of believers have dressed up and exaggerated the excellence of the style and matter of the New Testament generally, in the same manner, in which they have the moral instructions of Jesus.
Lysander SpoonerAll the great establishments, of every kind, now in the hands of a few proprietors, but employing a great number of wage laborers, would be broken up; for few or no persons, who could hire capital and do business for themselves would consent to labour for wages for another.
Lysander SpoonerThe apology, that is constantly put forth for the injustice of government, viz., that a man must consent to give up some of his rights, in order to have his other rights protected - involves a palpable absurdity, both legally and politically.
Lysander SpoonerBut whether the Constitution really be one thing, or another, this much is certain - that it has either authorized such a government as we have had, or has been powerless to prevent it. In either case, it is unfit to exist.
Lysander Spooner