No Treason No. VI
The Constitution of No Authority
by Lysander Spooner, 1870
I.
The Constitution has no inherent authority
or obligation. It has no authority or obligation at all, unless as a contract
between man and man. And it does not so much as even purport to be a contract
between persons now existing. It purports, at most, to be only a contract
between persons living eighty years ago. And it can be supposed to have
been a contract then only between persons who had already come to years
of discretion, so as to be competent to make reasonable and obligatory
contracts. Furthermore, we know, historically, that only a small portion
even of the people then existing were consulted on the subject, or asked,
or permitted to express either their consent or dissent in any formal manner.
Those persons, if any, who did give their consent formally, are all dead
now. Most of them have been dead forty, fifty, sixty, or seventy years.
And the Constitution, so far as it was their contract, died with
them. They had no natural power or right to make it obligatory upon
their children. It is not only plainly impossible, in the nature of things,
that they could bind their posterity, but they did not even attempt
to bind them. That is to say, the instrument does not purport to be an
agreement between any body but "the people" then existing; nor does
it, either expressly or impliedly, assert any right, power, or disposition,
on their part, to bind anybody but themselves. Let us see. Its language
is:
We, the people of the United States
[that is, the people then existing in the United States], in order
to form a more perfect union, insure domestic tranquility, provide for
the common defence, promote the general welfare, and secure the blessings
of liberty to ourselves and our posterity, do ordain and establish
this Constitution for the United States of America.
It is plain, in the first place, that this
language, as an agreement, purports to be only what it at most really
was, viz., a contract between the people then existing; and, of necessity,
binding, as a contract, only upon those then existing. In the second
place, the language neither expresses nor implies that they had any right
or power, to bind their "posterity" to live under it. It does not
say that their "posterity" will, shall, or must live under it. It only
says, in effect, that their hopes and motives in adopting it were that
it might prove useful to their posterity, as well as to themselves, by
promoting their union, safety, tranquility, liberty, etc.
Suppose an agreement were entered into,
in this form:
We, the people of Boston, agree to maintain
a fort on Governor's Island, to protect ourselves and our posterity
against invasion.
This agreement, as an agreement,
would clearly bind nobody but the people then existing. Secondly, it would
assert no right, power, or disposition, on their part, to compel
their "posterity" to maintain such a fort. It would only indicate that
the supposed welfare of their posterity was one of the motives that induced
the original parties to enter into the agreement.
When a man says he is building a house
for himself and his posterity, he does not mean to be understood
as saying that he has any thought of binding them, nor is it to
be inferred that he is so foolish as to imagine that he has any right or
power to bind them, to live in it. So far as they are concerned,
he only means to be understood as saying that his hopes and motives, in
building it, are that they, or at least some of them, may find it for their
happiness to live in it.
So when a man says he is planting a tree
for himself and his posterity, he does not mean to be understood
as saying that he has any thought of compelling them, nor is it
to be inferred that he is such a simpleton as to imagine that he has any
right or power to compel them, to eat the fruit. So far as they are concerned,
he only means to say that his hopes and motives, in planting the tree,
are that its fruit may be agreeable to them.
So it was with those who originally adopted
the Constitution. Whatever may have been their personal intentions, the
legal meaning of their language, so far as their "posterity" was concerned,
simply was, that their hopes and motives, in entering into the agreement,
were that it might prove useful and acceptable to their posterity; that
it might promote their union, safety, tranquility, and welfare; and that
it might tend "to secure to them the blessings of liberty." The language
does not assert nor at all imply, any right, power, or disposition, on
the part of the original parties to the agreement, to compel their
"posterity" to live under it. If they had intended to bind their
posterity to live under it, they should have said that their objective
was, not "to secure to them the blessings of liberty," but to make slaves
of them; for if their "posterity" are bound to live under it, they are
nothing less than the slaves of their foolish, tyrannical, and dead grandfathers.
It 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."
It supposes itself to have, and speaks of itself as having, perpetual existence,
as a single individuality.
Moreover, no body of men, existing at any
one time, have the power to create a perpetual corporation. A corporation
can become practically perpetual only by the voluntary accession of new
members, as the old ones die off. But for this voluntary accession of new
members, the corporation necessarily dies with the death of those who originally
composed it.
Legally speaking, therefore, there is,
in the Constitution, nothing that professes or attempts to bind the "posterity"
of those who established it.
If, then, those who established the Constitution,
had no power to bind, and did not attempt to bind, their posterity, the
question arises, whether their posterity have bound themselves. If they
have done so, they can have done so in only one or both of these two ways,
viz. by voting, and paying taxes.
II.
Let us consider these two matters, voting and
tax paying, separately. And first of voting.
All the voting that has ever taken place
under the Constitution, has been of such a kind that it not only did not
pledge the whole people to support the Constitution, but it did not even
pledge any one of them to do so, as the following considerations show.
1. In the very nature of things, the act
of voting could bind nobody but the actual voters. But owing to the property
qualifications required, it is probable that, during the first twenty or
thirty years under the Constitution, not more than one-tenth, fifteenth,
or perhaps twentieth of the whole population (black and white, men, women,
and minors) were permitted to vote. Consequently, so far as voting was
concerned, not more than one-tenth, fifteenth, or twentieth of those then
existing, could have incurred any obligation to support the Constitution.
At the present time, it is probable that
not more than one-sixth of the whole population are permitted to
vote. Consequently, so far as voting is concerned, the other five-sixths
can have given no pledge that they will support the Constitution.
2. Of the one-sixth that are permitted
to vote, probably not more than two-thirds (about one-ninth of the whole
population) have usually voted. Many never vote at all. Many vote
only once in two, three, five, or ten years, in periods of great excitement.
No one, by voting, can be said to pledge
himself for any longer period than that for which he votes. If, for example,
I vote for an officer who is to hold his office for only a year, I cannot
be said to have thereby pledged myself to support the government beyond
that term. Therefore, on the ground of actual voting, it probably cannot
be said that more than one-ninth or one-eighth, of the whole population
are usually under any pledge to support the Constitution.
3. It cannot be said that, by voting, a
man pledges himself to support the Constitution, unless the act of voting
be a perfectly voluntary one on his part. Yet the act of voting cannot
properly be called a voluntary one on the part of any very large number
of those who do vote. It is rather a measure of necessity imposed upon
them by others, than one of their own choice. On this point I repeat what
was said in a former number, viz:
In truth, in the case of individuals,
their actual voting is not to be taken as proof of consent, even for
the time being. On the contrary, it is to be considered that, without
his consent having even been asked a man finds himself environed by a government
that he cannot resist; a government that forces him to pay money, render
service, and forego the exercise of many of his natural rights, under peril
of weighty punishments. He sees, too, that other men practice this tyranny
over him by the use of the ballot. He sees further, that, if he will but
use the ballot himself, he has some chance of relieving himself from this
tyranny of others, by subjecting them to his own. In short, he finds himself,
without his consent, so situated that, if he use the ballot, he may become
a master; if he does not use it, he must become a slave. And he has no
other alternative than these two. In self- defence, he attempts the former.
His case is analogous to that of a man who has been forced into battle,
where he must either kill others, or be killed himself. Because, to save
his own life in battle, a man takes the lives of his opponents, it is not
to be inferred that the battle is one of his own choosing. Neither in contests
with the ballot -- which is a mere substitute for a bullet -- because,
as his only chance of self-preservation, a man uses a ballot, is it to
be inferred that the contest is one into which he voluntarily entered;
that he voluntarily set up all his own natural rights, as a stake against
those of others, to be lost or won by the mere power of numbers. On the
contrary, it is to be considered that, in an exigency into which he had
been forced by others, and in which no other means of self- defence offered,
he, as a matter of necessity, used the only one that was left to him.
Doubtless 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 meliorating their condition.
But it would not, therefore, be a legitimate inference that the government
itself, that crushes them, was one which they had voluntarily set up, or
even consented to.
Therefore, a man's voting under the Constitution
of the United States, is not to be taken as evidence that he ever freely
assented to the Constitution, even for the time being. Consequently
we have no proof that any very large portion, even of the actual voters
of the United States, ever really and voluntarily consented to the Constitution,
even for the time being. Nor can we ever have such proof,
until every man is left perfectly free to consent, or not, without thereby
subjecting himself or his property to be disturbed or injured by others.
As we can have no legal knowledge as to who
votes from choice, and who from the necessity thus forced upon him, we
can have no legal knowledge, as to any particular individual, that
he voted from choice; or, consequently, that by voting, he consented, or
pledged himself, to support the government. Legally speaking, therefore,
the act of voting utterly fails to pledge any one to support the government.
It utterly fails to prove that the government rests upon the voluntary
support of anybody. On general principles of law and reason, it cannot
be said that the government has any voluntary supporters at all, until
it can be distinctly shown who its voluntary supporters are.
4. As taxation is made compulsory on all,
whether they vote or not, a large proportion of those who vote, no doubt
do so to prevent their own money being used against themselves; when, in
fact, they would have gladly abstained from voting, if they could thereby
have saved themselves from taxation alone, to say nothing of being saved
from all the other usurpations and tyrannies of the government. To take
a man's property without his consent, and then to infer his consent because
he attempts, by voting, to prevent that property from being used to his
injury, is a very insufficient proof of his consent to support the Constitution.
It is, in fact, no proof at all. And as we can have no legal knowledge
as to who the particular individuals are, if there are any, who
are willing to be taxed for the sake of voting, we can have no legal knowledge
that any particular individual consents to be taxed for the sake of voting;
or, consequently, consents to support the Constitution.
5. At nearly all elections, votes are given
for various candidates for the same office. Those who vote for the unsuccessful
candidates cannot properly be said to have voted to sustain the Constitution.
They may, with more reason, be supposed to have voted, not to support the
Constitution, but specially to prevent the tyranny which they anticipate
the successful candidate intends to practice upon them under color of the
Constitution; and therefore may reasonably be supposed to have voted against
the Constitution itself. This supposition is the more reasonable, inasmuch
as such voting is the only mode allowed to them of expressing their dissent
to the Constitution.
6. Many votes are usually given for candidates
who have no prospect of success. Those who give such votes may reasonably
be supposed to have voted as they did, with a special intention, not to
support, but to obstruct the execution of, the Constitution; and, therefore,
against the Constitution itself.
7. As all the different votes are given
secretly (by secret ballot), there is no legal means of knowing, from the
votes themselves, who votes for, and who against, the constitution.
Therefore, voting affords no legal evidence that any particular individual
supports the Constitution. And where there can be no legal evidence that
any particular individual supports the Constitution, it cannot legally
be said that anybody supports it. It is clearly impossible to have any
legal proof of the intentions of large numbers of men, where there can
be no legal proof of the intentions of any particular one of them.
8. There being no legal proof of any man's
intentions, in voting, we can only conjecture them. As a conjecture, it
is probable, that a very large proportion of those who vote, do so on this
principle, viz., that if, by voting, they could but get the government
into their own hands (or that of their friends), and use its powers against
their opponents, they would then willingly support the Constitution; but
if their opponents are to have the power, and use it against them, then
they would not willingly support the Constitution.
In short, men's voluntary support of the
Constitution is doubtless, in most cases, wholly contingent upon the question
whether, by means of the Constitution, they can make themselves masters,
or are to be made slaves.
Such contingent consent as that is, in
law and reason, no consent at all.
9. As everybody who supports the Constitution
by voting (if there are any such) does so secretly (by secret ballot),
and in a way to avoid all personal responsibility for the acts of his agents
or representatives, it cannot legally or reasonably be said that anybody
at all supports the Constitution by voting. No man can reasonably or legally
be said to do such a thing as assent to, or support, the Constitution,
unless he does it openly, and in a way to make himself personally
responsible for the acts of his agents, so long as they act within the
limits of the power he delegates to them.
10. As all voting is secret (by secret
ballot), and as all secret governments are necessarily only secret bands
of robbers, tyrants, and murderers, the general fact that our government
is practically carried on by means of such voting, only proves that there
is among us a secret band of robbers, tyrants, and murderers, whose purpose
is to rob, enslave, and, so far as necessary to accomplish their purposes,
murder, the rest of the people. The simple fact of the existence of such
a band does nothing towards proving that "the people of the United States,"
or any one of them, voluntarily supports the Constitution.
For all the reasons that have now been
given, voting furnishes no legal evidence as to who the particular individuals
are (if there are any), who voluntarily support the Constitution. It therefore
furnishes no legal evidence that anybody supports it voluntarily.
So far, therefore, as voting is concerned,
the Constitution, legally speaking, has no supporters at all.
And, as a matter of fact, there is not
the slightest probability that the Constitution has a single bona fide
supporter in the country. That is to say, there is not the slightest probability
that there is a single man in the country, who both understands what the
Constitution really is, and sincerely supports it for what it
really is.
The ostensible supporters of the Constitution,
like the ostensible supporters of most other governments, are made up of
three classes, viz.:
1. Knaves, a numerous and active class,
who see in the government an instrument which they can use for their own
aggrandizement or wealth.
2. Dupes -- a large class, no doubt --
each of whom, because he is allowed one voice out of millions in deciding
what he may do with his own person and his own property, and because he
is permitted to have the same voice in robbing, enslaving, and murdering
others, that others have in robbing, enslaving, and murdering himself,
is stupid enough to imagine that he is a "free man," a "sovereign"; that
this is "a free government"; "a government of equal rights," "the best
government on earth," and such like absurdities.
3. A class who have some appreciation of
the evils of government, but either do not see how to get rid of them,
or do not choose to so far sacrifice their private interests as to give
themselves seriously and earnestly to the work of making a change.
III.
The payment of taxes, being compulsory, of
course furnishes no evidence that any one voluntarily supports the Constitution.
1. It is true that the theory of
our Constitution is, that all taxes are paid voluntarily; that our government
is a mutual insurance company, voluntarily entered into by the people with
each other; that each man makes a free and purely voluntary contract with
all others who are parties to the Constitution, to pay so much money for
so much protection, the same as he does with any other insurance company;
and that he is just as free not to be protected, and not to pay tax, as
he is to pay a tax, and be protected.
But this theory of our government is wholly
different from the practical fact. The fact is that the government, like
a highwayman, says to a man: Your money, or your life. And many,
if not most, taxes are paid under the compulsion of that threat.
The government does not, indeed, waylay
a man in a lonely place, spring upon him from the roadside, and, holding
a pistol to his head, proceed to rifle his pockets. But the robbery is
none the less a robbery on that account; and it is far more dastardly and
shameful.
The 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. He does not pretend to be anything but a robber.
He has not acquired impudence enough to profess to be merely a "protector,"
and that he takes men's money against their will, merely to enable him
to "protect" those infatuated travellers, who feel perfectly able to protect
themselves, or do not appreciate his peculiar system of protection. He
is too sensible a man to make such professions as these. Furthermore, having
taken your money, he leaves you, as you wish him to do. He does not persist
in following you on the road, against your will; assuming to be your rightful
"sovereign," on account of the "protection" he affords you. 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; by robbing you
of more money as often as he finds it for his interest or pleasure to do
so; and by branding you as a rebel, a traitor, and an enemy to your country,
and shooting you down without mercy, if you dispute his authority, or resist
his demands. He is too much of a gentleman to be guilty of such impostures,
and insults, and villainies as these. In short, he does not, in addition
to robbing you, attempt to make you either his dupe or his slave.
The proceedings of those robbers and murderers,
who call themselves "the government," are directly the opposite of these
of the single highwayman.
In the first place, they do not, like him,
make themselves individually known; or, consequently, take upon themselves
personally the responsibility of their acts. On the contrary, they secretly
(by secret ballot) designate some one of their number to commit the robbery
in their behalf, while they keep themselves practically concealed. They
say to the person thus designated:
Go to A_____ B_____, and say to him that
"the government" has need of money to meet the expenses of protecting him
and his property. If he presumes to say that he has never contracted with
us to protect him, and that he wants none of our protection, say to him
that that is our business, and not his; that we choose to protect
him, whether he desires us to do so or not; and that we demand pay, too,
for protecting him. If he dares to inquire who the individuals are, who
have thus taken upon themselves the title of "the government," and who
assume to protect him, and demand payment of him, without his having ever
made any contract with them, say to him that that, too, is our business,
and not his; that we do not choose to make ourselves individually
known to him; that we have secretly (by secret ballot) appointed you our
agent to give him notice of our demands, and, if he complies with them,
to give him, in our name, a receipt that will protect him against any similar
demand for the present year. If he refuses to comply, seize and
sell enough of his property to pay not only our demands, but all your own
expenses and trouble beside. If he resists the seizure of his property,
call upon the bystanders to help you (doubtless some of them will prove
to be members of our band.) If, in defending his property, he should kill
any of our band who are assisting you, capture him at all hazards; charge
him (in one of our courts) with murder; convict him, and hang him. If he
should call upon his neighbors, or any others who, like him, may be disposed
to resist our demands, and they should come in large numbers to his assistance,
cry out that they are all rebels and traitors; that "our country" is in
danger; call upon the commander of our hired murderers; tell him to quell
the rebellion and "save the country," cost what it may. Tell him to kill
all who resist, though they should be hundreds of thousands; and thus strike
terror into all others similarly disposed. See that the work of murder
is thoroughly done; that we may have no further trouble of this kind hereafter.
When these traitors shall have thus been taught our strength and our determination,
they will be good loyal citizens for many years, and pay their taxes without
a why or a wherefore.
It is under such compulsion as this that
taxes, so called, are paid. And how much proof the payment of taxes affords,
that the people consent to "support the government," it needs no further
argument to show.
2. Still another reason why the payment
of taxes implies no consent, or pledge, to support the government, is that
the taxpayer does not know, and has no means of knowing, who the particular
individuals are who compose "the government." To him "the government" is
a myth, an abstraction, an incorporeality, with which he can make no contract,
and to which he can give no consent, and make no pledge. He knows it only
through its pretended agents. "The government" itself he never sees. He
knows indeed, by common report, that certain persons, of a certain age,
are permitted to vote; and thus to make themselves parts
of, or (if they choose) opponents of, the government, for the time being.
But who of them do thus vote, and especially how each one votes
(whether so as to aid or oppose the government), he does not know; the
voting being all done secretly (by secret ballot). Who, therefore, practically
compose "the government," for the time being, he has no means of knowing.
Of course he can make no contract with them, give them no consent, and
make them no pledge. Of necessity, therefore, his paying taxes to them
implies, on his part, no contract, consent, or pledge to support them --
that is, to support "the government," or the Constitution.
3. Not knowing who the particular individuals
are, who call themselves "the government," the taxpayer does not know whom
he pays his taxes to. All he knows is that a man comes to him, representing
himself to be the agent of "the government" -- that is, the agent of a
secret band of robbers and murderers, who have taken to themselves the
title of "the government," and have determined to kill everybody who refuses
to give them whatever money they demand. To save his life, he gives up
his money to this agent. But as this agent does not make his principals
individually known to the taxpayer, the latter, after he has given up his
money, knows no more who are "the government" -- that is, who were the
robbers -- than he did before. To say, therefore, that by giving up his
money to their agent, he entered into a voluntary contract with them, that
he pledges himself to obey them, to support them, and to give them whatever
money they should demand of him in the future, is simply ridiculous.
4. All political power, so called, rests
practically upon this matter of money. Any 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. It is with government,
as Caesar said it was in war, that money and soldiers mutually supported
each other; that with money he could hire soldiers, and with soldiers extort
money. So these villains, who call themselves governments, well understand
that their power rests primarily upon money. With money they can hire soldiers,
and with soldiers extort money. And, when their authority is denied, the
first use they always make of money, is to hire soldiers to kill or subdue
all who refuse them more money.
For this reason, whoever desires liberty,
should understand these vital facts, viz.: 1. That every man who puts money
into the hands of a "government" (so called), puts into its hands a sword
which will be used against him, to extort more money from him, and also
to keep him in subjection to its arbitrary will. 2. That those who will
take his money, without his consent, in the first place, will use it for
his further robbery and enslavement, if he presumes to resist their demands
in the future. 3. That it is a perfect absurdity to suppose that any body
of men would ever take a man's money without his consent, for any such
object as they profess to take it for, viz., that of protecting him; for
why should they wish to protect him, if he does not wish them to do so?
To suppose that they would do so, is just as absurd as it would be to suppose
that they would take his money without his consent, for the purpose of
buying food or clothing for him, when he did not want it. 4. If a man wants
"protection," he is competent to make his own bargains for it; and nobody
has any occasion to rob him, in order to "protect" him against his will.
5. That the only security men can have for their political liberty, consists
in their keeping their money in their own pockets, until they have assurances,
perfectly satisfactory to themselves, that it will be used as they wish
it to be used, for their benefit, and not for their injury. 6. That no
government, so called, can reasonably be trusted for a moment, or reasonably
be supposed to have honest purposes in view, any longer than it depends
wholly upon voluntary support.
These facts are all so vital and so self-evident,
that it cannot reasonably be supposed that any one will voluntarily
pay money to a "government," for the purpose of securing its protection,
unless he first make an explicit and purely voluntary contract with it
for that purpose.
It is perfectly evident, therefore, that
neither such voting, nor such payment of taxes, as actually takes place,
proves anybody's consent, or obligation, to support the Constitution. Consequently
we have no evidence at all that the Constitution is binding upon anybody,
or that anybody is under any contract or obligation whatever to support
it. And nobody is under any obligation to support it.
IV.
The Constitution not only binds nobody now,
but it never did bind anybody. It never bound anybody, because it was
never agreed to by anybody in such a manner as to make it, on general principles
of law and reason, binding upon him.
It is a general principle of law and reason,
that a written instrument binds no one until he has signed it. This
principle is so inflexible a one, that even though a man is unable to write
his name, he must still "make his mark," before he is bound by a written
contract. This custom was established ages ago, when few men could write
their names; when a clerk -- that is, a man who could write -- was so rare
and valuable a person, that even if he were guilty of high crimes, he was
entitled to pardon, on the ground that the public could not afford to lose
his services. Even at that time, a written contract must be signed; and
men who could not write, either "made their mark," or signed their contracts
by stamping their seals upon wax affixed to the parchment on which their
contracts were written. Hence the custom of affixing seals, that has continued
to this time.
The laws holds, and reason declares, that
if a written instrument is not signed, the presumption must be that the
party to be bound by it, did not choose to sign it, or to bind himself
by it. And law and reason both give him until the last moment, in which
to decide whether he will sign it, or not. Neither law nor reason requires
or expects a man to agree to an instrument, until it is written;
for until it is written, he cannot know its precise legal meaning. And
when it is written, and he has had the opportunity to satisfy himself of
its precise legal meaning, he is then expected to decide, and not before,
whether he will agree to it or not. And if he do not then sign it,
his reason is supposed to be, that he does not choose to enter into such
a contract. The fact that the instrument was written for him to sign,
or with the hope that he would sign it, goes for nothing.
Where would be the end of fraud and litigation,
if one party could bring into court a written instrument, without any
signature, and claim to have it enforced, upon the ground that it was
written for another man to sign? that this other man had promised to sign
it? that he ought to have signed it? that he had had the opportunity to
sign it, if he would? but that he had refused or neglected to do so? Yet
that is the most that could ever be said of the Constitution. The very
judges, who profess to derive all their authority from the Constitution
-- from an instrument that nobody ever signed -- would spurn any other
instrument, not signed, that should be brought before them for adjudication.
Moreover, a written instrument must, in
law and reason, not only be signed, but must also be delivered to the party
(or to some one for him), in whose favor it is made, before it can bind
the party making it. The signing is of no effect, unless the instrument
be also delivered. And a party is at perfect liberty to refuse to deliver
a written instrument, after he has signed it. The Constitution was not
only never signed by anybody, but it was never delivered by anybody, or
to anybody's agent or attorney. It can therefore be of no more validity
as a contract, then can any other instrument that was never signed or delivered.
V.
As further evidence of the general sense of
mankind, as to the practical necessity there is that all men's important
contracts, especially those of a permanent nature, should be both written
and signed, the following facts are pertinent.
For nearly two hundred years -- that is,
since 1677 -- there has been on the statute book of England, and the same,
in substance, if not precisely in letter, has been re-enacted, and is now
in force, in nearly or quite all the States of this Union, a statute, the
general object of which is to declare that no action shall be brought to
enforce contracts of the more important class, unless they are
put in writing, and signed by the parties to be held chargeable upon them.
The principle of the statute, be it observed,
is, not merely that written contracts shall be signed, but also that all
contracts, except for those specially exempted -- generally those that
are for small amounts, and are to remain in force for but a short time
-- shall be both written and signed.
The reason of the statute, on this point,
is, that it is now so easy a thing for men to put their contracts in writing,
and sign them, and their failure to do so opens the door to so much doubt,
fraud, and litigation, that men who neglect to have their contracts --
of any considerable importance -- written and signed, ought not to have
the benefit of courts of justice to enforce them. And this reason is a
wise one; and that experience has confirmed its wisdom and necessity, is
demonstrated by the fact that it has been acted upon in England for nearly
two hundred years, and has been so nearly universally adopted in this country,
and that nobody thinks of repealing it.
We all know, too, how careful most men
are to have their contracts written and signed, even when this statute
does not require it. For example, most men, if they have money due them,
of no larger amount than five or ten dollars, are careful to take a note
for it. If they buy even a small bill of goods, paying for it at the time
of delivery, they take a receipted bill for it. If they pay a small balance
of a book account, or any other small debt previously contracted, they
take a written receipt for it.
Furthermore, the law everywhere (probably)
in our country, as well as in England, requires that a large class of contracts,
such as wills, deeds, etc., shall not only be written and signed, but also
sealed, witnessed, and acknowledged. And in the case of married women conveying
their rights in real estate, the law, in many States, requires that the
women shall be examined separate and apart from their husbands, and declare
that they sign their contracts free of any fear or compulsion of their
husbands.
Such are some of the precautions which
the laws require, and which individuals -- from motives of common prudence,
even in cases not required by law -- take, to put their contracts in writing,
and have them signed, etc., to guard against all uncertainties and controversies
in regard to their meaning and validity. And yet we have what purports,
or professes, or is claimed, to be a contract -- the Constitution -- made
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. And of those
who ever have read it, or ever will read it, scarcely any two, perhaps
no two, have ever agreed, or ever will agree, as to what it means.
Moreover, this supposed contract, which
would not be received in any court of justice sitting under its authority,
if offered to prove a debt of five dollars, owing by one man to another,
is one by which -- as it is generally interpreted by those who pretend
to administer it -- all men, women and children throughout the country,
and through all time, surrender not only all their property, but also their
liberties, and even lives, into the hands of men who by this supposed contract,
are expressly made wholly irresponsible for their disposal of them. And
we are so insane, or so wicked, as to destroy property and lives without
limit, in fighting to compel men to fulfill a supposed contract, which,
inasmuch as it has never been signed by anybody, is, on general principles
of law and reason -- such principles as we are all governed by in regard
to other contracts -- the merest waste of paper, binding upon nobody, fit
only to be thrown into the fire; or, if preserved, preserved only to serve
as a witness and a warning of the folly and wickedness of mankind.
VI.
It is no exaggeration, but a literal truth,
to say that, by the Constitution -- not as I interpret it, but as it
is interpreted by those who pretend to administer it -- the properties,
liberties, and lives of the entire people of the United States are surrendered
unreservedly into the hands of men who, it is provided by the Constitution
itself, shall never be "questioned" as to any disposal they make of them.
Thus the Constitution (Art. I, Sec. 6)
provides that, "for any speech or debate [or vote], in either house, they
[the senators and representatives] shall not be questioned in any other
place."
The whole law-making power is given to
these senators and representatives [when acting by a two-thirds vote];
and this provision protects them from all responsibility for the laws they
make.
The Constitution also enables them to secure
the execution of all their laws, by giving them power to withhold the salaries
of, and to impeach and remove, all judicial and executive officers, who
refuse to execute them.
Thus the whole power of the government
is in their hands, and they are made utterly irresponsible for the use
they make of it. What is this but absolute, irresponsible power?
It is no answer to this view of the case
to say that these men are under oath to use their power only within certain
limits; for what care they, or what should they care, for oaths or limits,
when it is expressly provided, by the Constitution itself, that they shall
never be "questioned," or held to any responsibility whatever, for violating
their oaths, or transgressing those limits?
Neither is it any answer to this view of
the case to say that the men holding this absolute, irresponsible power,
must be men chosen by the people (or portions of them) to hold it. 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. What makes them slaves is the fact
that they now are, and are always hereafter to be, in the hands of men
whose power over them is, and always is to be, absolute and irresponsible.
The right of absolute and irresponsible
dominion is the right of property, and the right of property is the right
of absolute, irresponsible dominion. The two are identical; the one necessarily
implies the other. Neither can exist without the other. If, therefore,
Congress have that absolute and irresponsible law-making power, which the
Constitution -- according to their interpretation of it -- gives them,
it can only be because they own us as property. If they own us as property,
they are our masters, and their will is our law. If they do not own us
as property, they are not our masters, and their will, as such,
is of no authority over us.
But these men who claim and exercise this
absolute and irresponsible dominion over us, dare not be consistent, and
claim either to be our masters, or to own us as property. They say they
are only our servants, agents, attorneys, and representatives. But this
declaration involves an absurdity, a contradiction. No man can be my servant,
agent, attorney, or representative, and be, at the same time, uncontrollable
by me, and irresponsible to me for his acts. It is of no importance that
I appointed him, and put all power in his hands. If I made him uncontrollable
by me, and irresponsible to me, he is no longer my servant, agent, attorney,
or representative. If I gave him absolute, irresponsible power over my
property, I gave him the property. If I gave him absolute, irresponsible
power over myself, I made him my master, and gave myself to him as a slave.
And it is of no importance whether I called him master or servant, agent
or owner. The only question is, what power did I put in his hands? Was
it an absolute and irresponsible one? or a limited and responsible one?
For still another reason they are neither
our servants, agents, attorneys, nor representatives. And that reason is,
that we do not make ourselves responsible for their acts. If a man is my
servant, agent, or attorney, I necessarily make myself responsible for
all his acts done within the limits of the power I have intrusted to him.
If I have intrusted him, as my agent, with either absolute power, or any
power at all, over the persons or properties of other men than myself,
I thereby necessarily make myself responsible to those other persons for
any injuries he may do them, so long as he acts within the limits of the
power I have granted him. But no individual who may be injured in his person
or property, by acts of Congress, can come to the individual electors,
and hold them responsible for these acts of their so-called agents or representatives.
This fact proves that these pretended agents of the people, of everybody,
are really the agents of nobody.
If, then, nobody is individually responsible
for the acts of Congress, the members of Congress are nobody's agents.
And if they are nobody's agents, they are themselves individually responsible
for their own acts, and for the acts of all whom they employ. And the authority
they are exercising is simply their own individual authority; and, by the
law of nature -- the highest of all laws -- anybody injured by their acts,
anybody who is deprived by them of his property or his liberty, has the
same right to hold them individually responsible, that he has to hold any
other trespasser individually responsible. He has the same right to resist
them, and their agents, that he has to resist any other trespassers.
VII.
It is plain, then, that on general principles
of law and reason -- such principles as we all act upon in courts of justice
and in common life -- the Constitution is no contract; that it binds nobody,
and never did bind anybody; and that all those who pretend to act by its
authority, are really acting without any legitimate authority at all; that,
on general principles of law and reason, they are mere usurpers, and that
everybody not only has the right, but is morally bound, to treat them as
such.
If the people of this country wish to maintain
such a government as the Constitution describes, there is no reason in
the world why they should not sign the instrument itself, and thus make
known their wishes in an open, authentic manner; in such manner as the
common sense and experience of mankind have shown to be reasonable and
necessary in such cases; and in such manner as to make themselves (as
they ought to do) individually responsible for the acts of the government.
But the people have never been asked to sign it. And the only reason why
they have never been asked to sign it, has been that it has been known
that they never would sign it; that they were neither such fools nor knaves
as they must needs have been to be willing to sign it; that (at least as
it has been practically interpreted) it is not what any sensible and honest
man wants for himself; nor such as he has any right to impose upon others.
It is, to all moral intents and purposes, as destitute of obligations as
the compacts which robbers and thieves and pirates enter into with each
other, but never sign.
If any considerable number of the people
believe the Constitution to be good, why do they not sign it themselves,
and make laws for, and administer them upon, each other; leaving all other
persons (who do not interfere with them) in peace? Until they have tried
the experiment for themselves, how can they have the face to impose the
Constitution upon, or even to recommend it to, others? Plainly the reason
for absurd and inconsistent conduct is that they want the Constitution,
not solely for any honest or legitimate use it can be of to themselves
or others, but for the dishonest and illegitimate power it gives them over
the persons and properties of others. But for this latter reason, all their
eulogiums on the Constitution, all their exhortations, and all their expenditures
of money and blood to sustain it, would be wanting.
VIII.
The Constitution itself, then, being of no
authority, on what authority does our government practically rest? On what
ground can those who pretend to administer it, claim the right to seize
men's property, to restrain them of their natural liberty of action, industry,
and trade, and to kill all who deny their authority to dispose of men's
properties, liberties, and lives at their pleasure or discretion?
The most they can say, in answer to this
question, is, that some half, two-thirds, or three-fourths, of the male
adults of the country have a tacit understanding that they will
maintain a government under the Constitution; that they will select, by
ballot, the persons to administer it; and that those persons who may receive
a majority, or a plurality, of their ballots, shall act as their representatives,
and administer the Constitution in their name, and by their authority.
But this tacit understanding (admitting
it to exist) cannot at all justify the conclusion drawn from it. A tacit
understanding between A, B, and C, that they will, by ballot, depute D
as their agent, to deprive me of my property, liberty, or life, cannot
at all authorize D to do so. He is none the less a robber, tyrant, and
murderer, because he claims to act as their agent, than he would be if
he avowedly acted on his own responsibility alone.
Neither am I bound to recognize him as
their agent, nor can he legitimately claim to be their agent, when he brings
no written authority from them accrediting him as such. I am under
no obligation to take his word as to who his principals may be, or whether
he has any. Bringing no credentials, I have a right to say he has no such
authority even as he claims to have: and that he is therefore intending
to rob, enslave, or murder me on his own account.
This tacit understanding, therefore, among
the voters of the country, amounts to nothing as an authority to their
agents. Neither do the ballots by which they select their agents, avail
any more than does their tacit understanding; for their ballots are given
in secret, and therefore in such a way as to avoid any personal responsibility
for the acts of their agents.
No body of men can be said to authorize
a man to act as their agent, to the injury of a third person, unless they
do it in so open and authentic a manner as to make themselves personally
responsible for his acts. None of the voters in this country appoint their
political agents in any open, authentic manner, or in any manner to make
themselves responsible for their acts. Therefore these pretended agents
cannot legitimately claim to be really agents. Somebody must be responsible
for the acts of these pretended agents; and if they cannot show any open
and authentic credentials from their principals, they cannot, in law or
reason, be said to have any principals. The maxim applies here, that what
does not appear, does not exist. If they can show no principals, they have
none.
But even these pretended agents do not
themselves know who their pretended principals are. These latter act in
secret; for acting by secret ballot is acting in secret as much as if they
were to meet in secret conclave in the darkness of the night. And they
are personally as much unknown to the agents they select, as they are to
others. No pretended agent therefore can ever know by whose ballots he
is selected, or consequently who his real principles are. Not knowing who
his principles are, he has no right to say that he has any. He can, at
most, say only that he is the agent of a secret band of robbers and murderers,
who are bound by that faith which prevails among confederates in crime,
to stand by him, if his acts, done in their name, shall be resisted.
Men honestly engaged in attempting to establish
justice in the world, have no occasion thus to act in secret; or to appoint
agents to do acts for which they (the principals) are not willing to be
responsible. The secret ballot makes a secret government; and a secret
government is a secret band of robbers and murderers. Open despotism is
better than this. The 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 anyone denies my right, let him try conclusions with me.
But a secret government is little less
than a government of assassins. Under it, a man knows not who his tyrants
are, until they have struck, and perhaps not then. He may guess,
beforehand, as to some of his immediate neighbors. But he really knows
nothing. The man to whom he would most naturally fly for protection, may
prove an enemy, when the time of trial comes.
This is the kind of government we have;
and it is the only one we are likely to have, until men are ready to say:
We will consent to no Constitution, except such an one as we are neither
ashamed nor afraid to sign; and we will authorize no government to do anything
in our name which we are not willing to be personally responsible for.
IX.
What is the motive to the secret ballot? This,
and only this: Like other confederates in crime, those who use it are not
friends, but enemies; and they are afraid to be known, and to have their
individual doings known, even to each other. They can contrive to bring
about a sufficient understanding to enable them to act in concert against
other persons; but beyond this they have no confidence, and no friendship,
among themselves. In fact, they are engaged quite as much in schemes for
plundering each other, as in plundering those who are not of them. And
it is perfectly well understood among them that the strongest party among
them will, in certain contingencies, murder each other by the hundreds
of thousands (as they lately did do) to accomplish their purposes against
each other. Hence they dare not be known, and have their individual doings
known, even to each other. And this is avowedly the only reason for the
ballot: for a secret government; a government by secret bands of robbers
and murderers. And we are insane enough to call this liberty! To be a member
of this secret band of robbers and murderers is esteemed a privilege and
an honor! Without this privilege, a man is considered a slave; but with
it a free man! With it he is considered a free man, because he has the
same power to secretly (by secret ballot) procure the robbery, enslavement,
and murder of another man, and that other man has to procure his robbery,
enslavement, and murder. And this they call equal rights!
If any number of men, many or few, claim
the right to govern the people of this country, let them make and sign
an open compact with each other to do so. Let them thus make themselves
individually known to those whom they propose to govern. And let them thus
openly take the legitimate responsibility of their acts. How many of those
who now support the Constitution, will ever do this? How many will ever
dare openly proclaim their right to govern? or take the legitimate responsibility
of their acts? Not one!
X.
It is obvious that, on general principles of
law and reason, there exists no such thing as a government created by,
or resting upon, any consent, compact, or agreement of "the people of the
United States" with each other; that the only visible, tangible, responsible
government that exists, is that of a few individuals only, who act in concert,
and call themselves by the several names of senators, representatives,
presidents, judges, marshals, treasurers, collectors, generals, colonels,
captains, etc., etc.
On general principles of law and reason,
it is of no importance whatever that these few individuals profess
to be the agents and representatives of "the people of the United States";
since they can show no credentials from the people themselves; they were
never appointed as agents or representatives in any open, authentic manner;
they do not themselves know, and have no means of knowing, and cannot prove,
who their principals (as they call them) are individually; and consequently
cannot, in law or reason, be said to have any principals at all.
It is obvious, too, that if these alleged
principals ever did appoint these pretended agents, or representatives,
they appointed them secretly (by secret ballot), and in a way to avoid
all personal responsibility for their acts; that, at most, these alleged
principals put these pretended agents forward for the most criminal purposes,
viz.: to plunder the people of their property, and restrain them of their
liberty; and that the only authority that these alleged principals have
for so doing, is simply a tacit understanding among themselves that
they will imprison, shoot, or hang every man who resists the exactions
and restraints which their agents or representatives may impose upon them.
Thus it is obvious that the only visible,
tangible government we have is made up of these professed agents or representatives
of a secret band of robbers and murderers, who, to cover up, or gloss over,
their robberies and murders, have taken to themselves the title of "the
people of the United States"; and who, on the pretense of being "the people
of the United States," assert their right to subject to their dominion,
and to control and dispose of at their pleasure, all property and persons
found in the United States.
XI.
On general principles of law and reason, the
oaths which these pretended agents of the people take "to support the Constitution,"
are of no validity or obligation. And why? For this, if for no other reason,
viz. that they are given to nobody. There is no privity (as the
lawyers say) -- that is, no mutual recognition, consent, and agreement
-- between those who take these oaths, and any other persons.
If I go upon Boston Common, and in the
presence of a hundred thousand people, men, women and children, with whom
I have no contract upon the subject, take an oath that I will enforce upon
them the laws of Moses, of Lycurgus, of Solon, of Justinian, or of Alfred,
that oath is, on general principles of law and reason, of no obligation.
It is of no obligation, not merely because it is intrinsically a criminal
one, but also because it is given to nobody, and consequently pledges
my faith to nobody. It is merely given to the winds.
It would not alter the case at all to say
that, among these hundred thousand persons, in whose presence the oath
was taken, there were two, three, or five thousand male adults, who had
secretly -- by secret ballot, and in a way to avoid making themselves
individually known to me, or to the remainder of the hundred thousand
-- designated me as their agent to rule, control, plunder, and, if need
be, murder, these hundred thousand people. The fact that they had designated
me secretly, and in a manner to prevent my knowing them individually,
prevents all privity between them and me; and consequently makes
it impossible that there can be any contract, or pledge of faith, on my
part towards them; for it is impossible that I can pledge my faith, in
any legal sense, to a man whom I neither know, nor have any means of knowing,
individually.
So far as I am concerned, then, these two,
three, or five thousand persons are a secret band of robbers and murderers,
who have secretly, and in a way to save themselves from all responsibility
for my acts, designated me as their agent; and have, through some other
agent, or pretended agent, made their wishes known to me. But being, nevertheless,
individually unknown to me, and having no open, authentic contract with
me, my oath is, on general principles of law and reason, of no validity
as a pledge of faith to them. And being no pledge of faith to them,
it is no pledge of faith to anybody. It is mere idle wind. At most, it
is only a pledge of faith to an unknown band of robbers and murderers,
whose instrument for plundering and murdering other people, I thus publicly
confess myself to be. And it has no other obligation than a similar oath
given to any other unknown body of pirates, robbers, and murderers.
For these reasons the oaths taken by members
of Congress, "to support the Constitution," are, on general principles
of law and reason, of no validity. They are not only criminal in themselves,
and therefore void; but they are also void for the further reason that
they are given to nobody.
It cannot be said that, in any legitimate
or legal sense, they are given to "the people of the United States"; because
neither the whole, nor any large proportion of the whole, people of the
United States ever, either openly or secretly, appointed or designated
these men as their agents to carry the Constitution into effect. The great
body of the people -- that is, men, women, and children -- were never asked,
or even permitted, to signify, in any formal manner, either openly
or secretly, their choice or wish on the subject. The most that these members
of Congress can say, in favor of their appointment, is simply this: Each
one can say for himself:
I have evidence satisfactory to myself,
that there exists, scattered throughout the country, a band of men, having
a tacit understanding with each other, and calling themselves "the people
of the United States," whose general purposes are to control and plunder
each other, and all other persons in the country, and, so far as they can,
even in neighboring countries; and to kill every man who shall attempt
to defend his person and property against their schemes of plunder and
dominion. Who these men are, individually, I have no certain means
of knowing, for they sign no papers, and give no open, authentic evidence
of their individual membership. They are not known individually
even to each other. They are apparently as much afraid of being individually
known to each other, as of being known to other persons. Hence they ordinarily
have no mode either of exercising, or of making known, their individual
membership, otherwise than by giving their votes secretly for certain
agents to do their will. But although these men are individually unknown,
both to each other and to other persons, it is generally understood in
the country that none but male persons, of the age of twenty-one years
and upwards, can be members. It is also generally understood that all
male persons, born in the country, having certain complexions, and (in
some localities) certain amounts of property, and (in certain cases) even
persons of foreign birth, are permitted to be members. But it appears
that usually not more than one half, two-thirds, or in some cases, three-fourths,
of all who are thus permitted to become members of the band, ever
exercise, or consequently prove, their actual membership, in the only mode
in which they ordinarily can exercise or prove it, viz., by giving their
votes secretly for the officers or agents of the band. The number
of these secret votes, so far as we have any account of them, varies greatly
from year to year, thus tending to prove that the band, instead of being
a permanent organization, is a merely pro tempore affair with those
who choose to act with it for the time being. The gross number of these
secret votes, or what purports to be their gross number, in different localities,
is occasionally published. Whether these reports are accurate or not, we
have no means of knowing. It is generally supposed that great frauds are
often committed in depositing them. They are understood to be received
and counted by certain men, who are themselves appointed for that purpose
by the same secret process by which all other officers and agents of the
band are selected. According to the reports of these receivers of votes
(for whose accuracy or honesty, however, I cannot vouch), and according
to my best knowledge of the whole number of male persons "in my district,"
who (it is supposed) were permitted to vote, it would appear that
one- half, two-thirds or three-fourths actually did vote. Who the men were,
individually, who cast these votes, I have no knowledge, for the
whole thing was done secretly. But of the secret votes thus given for what
they call a "member of Congress," the receivers reported that I had a majority,
or at least a larger number than any other one person. And it is only by
virtue of such a designation that I am now here to act in concert with
other persons similarly selected in other parts of the country. It is understood
among those who sent me here, that all persons so selected, will, on coming
together at the City of Washington, take an oath in each other's presence
"to support the Constitution of the United States." By this is meant a
certain paper that was drawn up eighty years ago. It was never signed by
anybody, and apparently has no obligation, and never had any obligation,
as a contract. In fact, few persons ever read it, and doubtless much the
largest number of those who voted for me and the others, never even saw
it, or now pretend to know what it means. Nevertheless, it is often spoken
of in the country as "the Constitution of the United States"; and for some
reason or other, the men who sent me here, seem to expect that I, and all
with whom I act, will swear to carry this Constitution into effect. I am
therefore ready to take this oath, and to co-operate with all others, similarly
selected, who are ready to take the same oath.
This is the most that any member of Congress
can say in proof that he has any constituency; that he represents anybody;
that his oath "to support the Constitution," is given to anybody,
or pledges his faith to anybody. He has no open, written, or other
authentic evidence, such as is required in all other cases, that he was
ever appointed the agent or representative of anybody. He has no written
power of attorney from any single individual. He has no such legal knowledge
as is required in all other cases, by which he can identify a single one
of those who pretend to have appointed him to represent them.
Of course his oath, professedly given to
them, "to support the Constitution," is, on general principles of law and
reason, an oath given to nobody. It pledges his faith to nobody. If he
fails to fulfil his oath, not a single person can come forward, and say
to him, you have betrayed me, or broken faith with me.
No one can come forward and say to him:
I appointed you my attorney to act for me. I required you
to swear that, as my attorney, you would support the Constitution.
You promised me that you would do so; and now you have forfeited
the oath you gave to me. No single individual can say this.
No open, avowed, or responsible association,
or body of men, can come forward and say to him: We appointed you
our attorney, to act for us. We required you to swear
that, as our attorney, you would support the Constitution. You promised
us that you would do so; and now you have forfeited the oath you
gave to us.
No open, avowed, or responsible association,
or body of men, can say this to him; because there is no such association
or body of men in existence. If any one should assert that there is such
an association, let him prove, if he can, who compose it. Let him produce,
if he can, any open, written, or other authentic contract, signed or agreed
to by these men; forming themselves into an association; making themselves
known as such to the world; appointing him as their agent; and making themselves
individually, or as an association, responsible for his acts, done by their
authority. Until all this can be shown, no one can say that, in any legitimate
sense, there is any such association; or that he is their agent; or that
he ever gave his oath to them; or ever pledged his faith to them.
On general principles of law and reason,
it would be a sufficient answer for him to say, to all individuals, and
to all pretended associations of individuals, who should accuse him of
a breach of faith to them:
I never knew you. Where is your evidence
that you, either individually or collectively, ever appointed me
your attorney? that you ever required me to swear to you,
that, as your attorney, I would support the Constitution? or that
I have now broken any faith that I ever pledged to you? You may,
or you may not, be members of that secret band of robbers and murderers,
who act in secret; appoint their agents by a secret ballot; who keep themselves
individually unknown even to the agents they thus appoint; and who,
therefore, cannot claim that they have any agents; or that any of their
pretended agents ever gave his oath, or pledged his faith, to them.
I repudiate you altogether. My oath was given to others, with whom you
have nothing to do; or it was idle wind, given only to the idle winds.
Begone!
XII.
For the same reasons, the oaths of all the
other pretended agents of this secret band of robbers and murderers are,
on general principles of law and reason, equally destitute of obligation.
They are given to nobody; but only to the winds.
The oaths of the tax-gatherers and treasurers
of the band, are, on general principles of law and reason, of no validity.
If any tax gatherer, for example, should put the money he receives into
his own pocket, and refuse to part with it, the members of this band could
not say to him: You collected that money as our agent, and for our uses;
and you swore to pay it over to us, or to those we should appoint to receive
it. You have betrayed us, and broken faith with us.
It would be a sufficient answer for him
to say to them:
I never knew you. You never made yourselves
individually known to me. I never game by oath to you, as individuals.
You may, or you may not, be members of that secret band, who appoint agents
to rob and murder other people; but who are cautious not to make themselves
individually known, either to such agents, or to those whom their agents
are commissioned to rob. If you are members of that band, you have given
me no proof that you ever commissioned me to rob others for your benefit.
I never knew you, as individuals, and of course never promised you that
I would pay over to you the proceeds of my robberies. I committed my robberies
on my own account, and for my own profit. If you thought I was fool enough
to allow you to keep yourselves concealed, and use me as your tool for
robbing other persons; or that I would take all the personal risk of the
robberies, and pay over the proceeds to you, you were particularly simple.
As I took all the risk of my robberies, I propose to take all the profits.
Begone! You are fools, as well as villains. If I gave my oath to anybody,
I gave it to other persons than you. But I really gave it to nobody. I
only gave it to the winds. It answered my purposes at the time. It enabled
me to get the money I was after, and now I propose to keep it. If you expected
me to pay it over to you, you relied only upon that honor that is said
to prevail among thieves. You now understand that that is a very poor reliance.
I trust you may become wise enough to never rely upon it again. If I have
any duty in the matter, it is to give back the money to those from
whom I took it; not to pay it over to villains such as you.
XIII.
On general principles of law and reason, the
oaths which foreigners take, on coming here, and being "naturalized" (as
it is called), are of no validity. They are necessarily given to nobody;
because there is no open, authentic association, to which they can join
themselves; or to whom, as individuals, they can pledge their faith. No
such association, or organization, as "the people of the United States,"
having ever been formed by any open, written, authentic, or voluntary contract,
there is, on general principles of law and reason, no such association,
or organization, in existence. And all oaths that purport to be given to
such an association are necessarily given only to the winds. They cannot
be said to be given to any man, or body of men, as individuals, because
no man, or body of men, can come forward with any proof that the
oaths were given to them, as individuals, or to any association of which
they are members. To say that there is a tacit understanding among a portion
of the male adults of the country, that they will call themselves "the
people of the United States," and that they will act in concert in subjecting
the remainder of the people of the United States to their dominion; but
that they will keep themselves personally concealed by doing all their
acts secretly, is wholly insufficient, on general principles of law and
reason, to prove the existence of any such association, or organization,
as "the people of the United States"; or consequently to prove that the
oaths of foreigners were given to any such association.
XIV.
On general principles of law and reason, all
the oaths which, since the war, have been given by Southern men, that they
will obey the laws of Congress, support the Union, and the like, are of
no validity. Such oaths are invalid, not only because they were extorted
by military power, and threats of confiscation, and because they are in
contravention of men's natural right to do as they please about supporting
the government, but also because they were given to nobody. They
were nominally given to "the United States." But being nominally given
to "the United States," they were necessarily given to nobody, because,
on general principles of law and reason, there were no "United States,"
to whom the oaths could be given. That is to say, there was no open, authentic,
avowed, legitimate association, corporation, or body of men, known as "the
United States," or as "the people of the United States," to whom the oaths
could have been given. If anybody says there was such a corporation, let
him state who were the individuals that composed it, and how and when they
became a corporation. Were Mr. A, Mr. B, and Mr. C members of it? If so,
where are their signatures? Where the evidence of their membership? Where
the record? Where the open, authentic proof? There is none. Therefore,
in law and reason, there was no such corporation.
On general principles of law and reason,
every corporation, association, or organized body of men, having a legitimate
corporate existence, and legitimate corporate rights, must consist of certain
known individuals, who can prove, by legitimate and reasonable evidence,
their membership. But nothing of this kind can be proved in
regard to the corporation, or body of men, who call themselves "the United
States." Not a man of them, in all the Northern Stats, can prove by any
legitimate evidence, such as is required to prove membership in other legal
corporations, that he himself, or any other man whom he can name, is a
member of any corporation or association called "the United States," or
"the people of the United States," or, consequently, that there is any
such corporation. And since no such corporation can be proved to exist,
it cannot of course be proved that the oaths of Southern men were given
to any such corporation. The most that can be claimed is that the oaths
were given to a secret band of robbers and murderers, who called themselves
"the United States," and extorted those oaths. But that is certainly not
enough to prove that the oaths are of any obligation.
XV.
On general principles of law and reason, the
oaths of soldiers, that they will serve a given number of years, that they
will obey the orders of their superior officers, that they will bear true
allegiance to the government, and so forth, are of no obligation. Independently
of the criminality of an oath, that, for a given number of years, he will
kill all whom he may be commanded to kill, without exercising his own judgment
or conscience as to the justice or necessity of such killing, there is
this further reason why a soldier's oath is of no obligation, viz., that,
like all the other oaths that have now been mentioned, it is given to
nobody. There being, in no legitimate sense, any such corporation,
or nation, as "the United States," nor, consequently, in any legitimate
sense, any such government as "the government of the United States," a
soldier's oath given to, or contract made with, such a nation or government,
is necessarily an oath given to, or contract made with, nobody. Consequently
such an oath or contract can be of no obligation.
XVI.
On general principles of law and reason, the
treaties, so called, which purport to be entered into with other nations,
by persons calling themselves ambassadors, secretaries, presidents, and
senators of the United States, in the name, and in behalf, of "the people
of the United States," are of no validity. These so-called ambassadors,
secretaries, presidents, and senators, who claim to be the agents of "the
people of the United States" for making these treaties, can show no open,
written, or other authentic evidence that either the whole "people of the
United States," or any other open, avowed, responsible body of men, calling
themselves by that name, ever authorized these pretended ambassadors and
others to make treaties in the name of, or binding upon any one of, "the
people of the United States," or any other open, avowed, responsible body
of men, calling themselves by that name, ever authorized these pretended
ambassadors, secretaries, and others, in their name and behalf, to recognize
certain other persons, calling themselves emperors, kings, queens, and
the like, as the rightful rulers, sovereigns, masters, or representatives
of the different peoples whom they assume to govern, to represent, and
to bind.
The "nations," as they are called, with
whom our pretended ambassadors, secretaries, presidents, and senators profess
to make treaties, are as much myths as our own. On general principles of
law and reason, there are no such "nations." That is to say, neither the
whole people of England, for example, nor any open, avowed, responsible
body of men, calling themselves by that name, ever, by any open, written,
or other authentic contract with each other, formed themselves into any
bona fide, legitimate association or organization, or authorized
any king, queen, or other representative to make treaties in their name,
or to bind them, either individually, or as an association, by such treaties.
Our pretended treaties, then, being made
with no legitimate or bona fide nations, or representatives of nations,
and being made, on our part, by persons who have no legitimate authority
to act for us, have intrinsically no more validity than a pretended treaty
made by the Man in the Moon with the king of the Pleiades.
XVII.
On general principles of law and reason, debts
contracted in the name of "the United States," or of "the people of the
United States," are of no validity. It is utterly absurd to pretend that
debts to the amount of twenty-five hundred millions of dollars are binding
upon thirty-five or forty millions of people [the approximate national
debt and population in 1870], when there is not a particle of legitimate
evidence -- such as would be required to prove a private debt -- that can
be produced against any one of them, that either he, or his properly authorized
attorney, ever contracted to pay one cent.
Certainly, neither the whole people of
the United States, nor any number of them, ever separately or individually
contracted to pay a cent of these debts.
Certainly, also, neither the whole people
of the United States, nor any number of them, every, by any open, written,
or other authentic and voluntary contract, united themselves as a firm,
corporation, or association, by the name of "the United States," or "the
people of the United States," and authorized their agents to contract debts
in their name.
Certainly, too, there is in existence no
such firm, corporation, or association as "the United States," or "the
people of the United States," formed by any open, written, or other authentic
and voluntary contract, and having corporate property with which to pay
these debts.
How, then, is it possible, on any general
principle of law or reason, that debts that are binding upon nobody individually,
can be binding upon forty millions of people collectively, when, on general
and legitimate principles of law and reason, these forty millions of people
neither have, nor ever had, any corporate property? never made any corporate
or individual contract? and neither have, nor ever had, any corporate existence?
Who, then, created these debts, in the
name of "the United States"? Why, at most, only a few persons, calling
themselves "members of Congress," etc., who pretended to represent "the
people of the United States," but who really represented only a secret
band of robbers and murderers, who wanted money to carry on the robberies
and murders in which they were then engaged; and who intended to extort
from the future people of the United States, by robbery and threats of
murder (and real murder, if that should prove necessary), the means to
pay these debts.
This band of robbers and murderers, who
were the real principals in contracting these debts, is a secret one, because
its members have never entered into any open, written, avowed, or authentic
contract, by which they may be individually known to the world, or even
to each other. Their real or pretended representatives, who contracted
these debts in their name, were selected (if selected at all) for that
purpose secretly (by secret ballot), and in a way to furnish evidence against
none of the principals individually; and these principals were really
known individually neither to their pretended representatives who
contracted these debts in their behalf, nor to those who lent the money.
The money, therefore, was all borrowed and lent in the dark; that is, by
men who did not see each other's faces, or know each other's names; who
could not then, and cannot now, identify each other as principals in the
transactions; and who consequently can prove no contract with each other.
Furthermore, the money was all lent and
borrowed for criminal purposes; that is, for purposes of robbery and murder;
and for this reason the contracts were all intrinsically void; and would
have been so, even though the real parties, borrowers and lenders, had
come face to face, and made their contracts openly, in their own proper
names.
Furthermore, this secret band of robbers
and murderers, who were the real borrowers of this money, having no legitimate
corporate existence, have no corporate property with which to pay these
debts. They do indeed pretend to own large tracts of wild lands, lying
between the Atlantic and Pacific Oceans, and between the Gulf of Mexico
and the North Pole. But, on general principles of law and reason, they
might as well pretend to own the Atlantic and Pacific Oceans themselves;
or the atmosphere and the sunlight; and to hold them, and dispose of them,
for the payment of these debts.
Having no corporate property with which
to pay what purports to be their corporate debts, this secret band of robbers
and murderers are really bankrupt. They have nothing to pay with. In fact,
they do not propose to pay their debts otherwise than from the proceeds
of their future robberies and murders. These are confessedly their sole
reliance; and were known to be such by the lenders of the money, at the
time the money was lent. And it was, therefore, virtually a part of the
contract, that the money should be repaid only from the proceeds of these
future robberies and murders. For this reason, if for no other, the contracts
were void from the beginning.
In fact, these apparently two classes,
borrowers and lenders, were really one and the same class. They borrowed
and lent money from and to themselves. They themselves were not only part
and parcel, but the very life and soul, of this secret band of robbers
and murderers, who borrowed and spent the money. Individually they furnished
money for a common enterprise; taking, in return, what purported to be
corporate promises for individual loans. The only excuse they had for taking
these so-called corporate promises of, for individual loans by, the same
parties, was that they might have some apparent excuse for the future robberies
of the band (that is, to pay the debts of the corporation), and that they
might also know what shares they were to be respectively entitled to out
of the proceeds of their future robberies.
Finally, if these debts had been created
for the most innocent and honest purposes, and in the most open and honest
manner, by the real parties to the contracts, these parties could thereby
have bound nobody but themselves, and no property but their own. They could
have bound nobody that should have come after them, and no property subsequently
created by, or belonging to, other persons.
XVIII.
The Constitution having never been signed by
anybody; and there being no other open, written, or authentic contract
between any parties whatever, by virtue of which the United States government,
so called, is maintained; and it being well known that none but male persons,
of twenty-one years of age and upwards, are allowed any voice in the government;
and it being also well known that a large number of these adult persons
seldom or never vote at all; and that all those who do vote, do
so secretly (by secret ballot), and in a way to prevent their individual
votes being known, either to the world, or even to each other; and consequently
in a way to make no one openly responsible for the acts of their agents,
or representatives -- all these things being known, the questions arise:
Who compose the real governing power in the country? Who are the
men, the responsible men, who rob us of our property? Restrain us
of our liberty? Subject us to their arbitrary dominion? And devastate our
homes, and shoot us down by the hundreds of thousands, if we resist? How
shall we find these men? How shall we know them from others? How shall
we defend ourselves and our property against them? Who, of our neighbors,
are members of this secret band of robbers and murderers? How can we know
which are their houses, that we may burn or demolish them? Which
their property, that we may destroy it? Which their persons,
that we may kill them, and rid the world and ourselves of such tyrants
and monsters?
These are questions that must be answered,
before men can be free; before they can protect themselves against this
secret band of robbers and murderers, who now plunder, enslave, and destroy
them.
The answer to these questions is, that
only those who have the will and power to shoot down their fellow men,
are the real rulers in this, as in all other (so-called) civilized countries;
for by no others will civilized men be robbed, or enslaved.
Among savages, mere physical strength,
on the part of one man, may enable him to rob, enslave, or kill another
man. Among barbarians, mere physical strength, on the part of a body of
men, disciplined, and acting in concert, though with very little money
or other wealth, may, under some circumstances, enable them to rob, enslave,
or kill another body of men, as numerous, or perhaps even more numerous,
than themselves. And among both savages and barbarians, mere want may sometimes
compel one man to sell himself as a slave to another. But with (so-called)
civilized peoples, among whom knowledge, wealth, and the means of acting
in concert, have become diffused; and who have invented such weapons and
other means of defence as to render mere physical strength of less importance;
and by whom soldiers in any requisite number, and other instrumentalities
of war in any requisite amount, can always be had for money, the question
of war, and consequently the question of power, is little else than a mere
question of money. As a necessary consequence, those who stand ready to
furnish this money, are the real rulers. It is so in Europe, and it is
so in this country.
In Europe, the nominal rulers, the emperors
and kings and parliaments, are anything but the real rulers of their respective
countries. They are little or nothing else than mere tools, employed by
the wealthy to rob, enslave, and (if need be) murder those who have less
wealth, or none at all.
The Rosthchilds, 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.
They lend their money in this manner, knowing
that it is to be expended in murdering their fellow men, for simply seeking
their liberty and their rights; knowing also that neither the interest
nor the principal will ever be paid, except as it will be extorted under
terror of the repetition of such murders as those for which the money lent
is to be expended.
These money-lenders, the Rosthchilds, for
example, say to themselves: If we lend a hundred millions sterling to the
queen and parliament of England, it will enable them to murder twenty,
fifty, or a hundred thousand people in England, Ireland, or India; and
the terror inspired by such wholesale slaughter, will enable them to keep
the whole people of those countries in subjection for twenty, or perhaps
fifty, years to come; to control all their trade and industry; and to extort
from them large amounts of money, under the name of taxes; and from the
wealth thus extorted from them, they (the Queen and Parliament) can afford
to pay us a higher rate of interest for our money than we can get in any
other way. Or, if we lend this sum to the emperor of Austria, it will enable
him to murder so many of his people as to strike terror into the rest,
and thus enable him to keep them in subjection, and extort money from them,
for twenty or fifty years to come. And they say the same in regard to the
emperor of Russia, the king of Prussia, the emperor of France, or any other
ruler, so called, who, in their judgment, will be able, by murdering a
reasonable portion of his people, to keep the rest in subjection, and extort
money from them, for a long time to come, to pay the interest and the principal
of the money lent him.
And why are these men so ready to lend
money for murdering their fellow men? Solely for this reason, viz., that
such loans are considered better investments than loans for purposes of
honest industry. They pay higher rates of interest; and it is less trouble
to look after them. This is the whole matter.
The question of making these loans is,
with these lenders, a mere question of pecuniary profit. They lend money
to be expended in robbing, enslaving, and murdering their fellow men, solely
because, on the whole, such loans pay better than any others. They are
no respecters of persons, no superstitious fools, that reverence monarchs.
They care no more for a king, or an emperor, than they do for a beggar,
except as he is a better customer, and can pay them better interest for
their money. If they doubt his ability to make his murders successful for
maintaining his power, and thus extorting money from his people in future,
they dismiss him unceremoniously as they would dismiss any other hopeless
bankrupt, who should want to borrow money to save himself from open insolvency.
When these great lenders of blood-money,
like the Rothschilds, have loaned vast sums in this way, for purposes of
murder, to an emperor or a king, they sell out the bonds taken by them,
in small amounts, to anybody, and everybody, who are disposed to buy them
at satisfactory prices, to hold as investments. They (the Rothschilds)
thus soon get back their money, with great profits; and are now ready to
lend money in the same way again to any other robber and murderer, called
an emperor or king, who, they think, is likely to be successful in his
robberies and murders, and able to pay a good price for the money necessary
to carry them on.
This business of lending blood-money is
one of the most thoroughly sordid, cold-blooded, and criminal that was
ever carried on, to any considerable extent, amongst human beings. It is
like lending money to slave traders, or to common robbers and pirates,
to be repaid out of their plunder. And the men who loan money to governments,
so called, for the purpose of enabling the latter to rob, enslave, and
murder their people, are among the greatest villains that the world has
ever seen. And they as much deserve to be hunted and killed (if they cannot
otherwise be got rid of) as any slave traders, robbers, or pirates that
ever lived.
When these emperors and kings, so-called,
have obtained their loans, they proceed to hire and train immense numbers
of professional murderers, called soldiers, and employ them in shooting
down all who resist their demands for money. In fact, most of them keep
large bodies of these murderers constantly in their service, as their only
means of enforcing their extortions. There are now, I think, four or five
millions of these professional murderers constantly employed by the so-called
sovereigns of Europe. The enslaved people are, of course, forced to support
and pay all these murderers, as well as to submit to all the other extortions
which these murderers are employed to enforce.
It is only in this way that most of the
so-called governments of Europe are maintained. These so-called governments
are in reality only great bands of robbers and murderers, organized, disciplined,
and constantly on the alert. And the so-called sovereigns, in these different
governments, are simply the heads, or chiefs, of different bands of robbers
and murderers. And these heads or chiefs are dependent upon the lenders
of blood-money for the means to carry on their robberies and murders. They
could not sustain themselves a moment but for the loans made to them by
these blood-money loan-mongers. And their first care is to maintain their
credit with them; for they know their end is come, the instant their credit
with them fails. Consequently the first proceeds of their extortions are
scrupulously applied to the payment of the interest on their loans.
In addition to paying the interest on their
bonds, they perhaps grant to the holders of them great monopolies in banking,
like the Banks of England, of France, and of Vienna; with the agreement
that these banks shall furnish money whenever, in sudden emergencies, it
may be necessary to shoot down more of their people. Perhaps also, by means
of tariffs on competing imports, they give great monopolies to certain
branches of industry, in which these lenders of blood-money are engaged.
They also, by unequal taxation, exempt wholly or partially the property
of these loan-mongers, and throw corresponding burdens upon those who are
too poor and weak to resist.
Thus it is evident that all these men,
who call themselves by the high-sounding names of Emperors, Kings, Sovereigns,
Monarchs, Most Christian Majesties, Most Catholic Majesties, High Mightinesses,
Most Serene and Potent Princes, and the like, and who claim to rule "by
the grace of God," by "Divine Right" -- that is, by special authority from
Heaven -- are intrinsically not only the merest miscreants and wretches,
engaged solely in plundering, enslaving, and murdering their fellow men,
but that they are also the merest hangers on, the servile, obsequious,
fawning dependents and tools of these blood-money loan-mongers, on whom
they rely for the means to carry on their crimes. These loan-mongers, like
the Rothschilds, laugh in their sleeves, and say to themselves: These despicable
creatures, who call themselves emperors, and kings, and majesties, and
most serene and potent princes; who profess to wear crowns, and sit on
thrones; who deck themselves with ribbons, and feathers, and jewels; and
surround themselves with hired flatterers and lickspittles; and whom we
suffer to strut around, and palm themselves off, upon fools and slaves,
as sovereigns and lawgivers specially appointed by Almighty God; and to
hold themselves out as the sole fountains of honors, and dignities, and
wealth, and power -- all these miscreants and imposters know that we make
them, and use them; that in us they live, move, and have their being; that
we require them (as the price of their positions) to take upon themselves
all the labor, all the danger, and all the odium of all the crimes they
commit for our profit; and that we will unmake them, strip them of their
gewgaws, and send them out into the world as beggars, or give them over
to the vengeance of the people they have enslaved, the moment they refuse
to commit any crime we require of them, or to pay over to us such share
of the proceeds of their robberies as we see fit to demand.
XIX.
Now, what is true in Europe, is substantially
true in this country. The difference is the immaterial one, that, in this
country, there is no visible, permanent head, or chief, of these
robbers and murderers who call themselves "the government." That is to
say, there is no one man, who calls himself the state, or even emperor,
king, or sovereign; no one who claims that he and his children rule "by
the Grace of God," by "Divine Right," or by special appointment from Heaven.
There are only certain men, who call themselves presidents, senators, and
representatives, and claim to be the authorized agents, for the time
being, or for certain short periods, of all "the people of the
United States"; but who can show no credentials, or powers of attorney,
or any other open, authentic evidence that they are so; and who notoriously
are not so; but are really only the agents of a secret band of robbers
and murderers, whom they themselves do not know, and have no means of knowing,
individually; but who, they trust, will openly or secretly, when the crisis
comes, sustain them in all their usurpations and crimes.
What is important to be noticed is, that
these so-called presidents, senators, and representatives, these pretended
agents of all "the people of the United States," the moment their
exactions meet with any formidable resistance from any portion of "the
people" themselves, are obliged, like their co-robbers and murderers in
Europe, to fly at once to the lenders of blood money, for the means to
sustain their power. And they borrow their money on the same principle,
and for the same purpose, viz., to be expended in shooting down all those
"people of the United States" -- their own constituents and principals,
as they profess to call them -- who resist the robberies and enslavements
which these borrowers of the money are practising upon them. And they expect
to repay the loans, if at all, only from the proceeds of the future robberies,
which they anticipate it will be easy for them and their successors to
perpetrate through a long series of years, upon their pretended principals,
if they can but shoot down now some hundreds of thousands of them,
and thus strike terror into the rest.
Perhaps the facts were never made more
evident, in any country on the globe, than in our own, that these soulless
blood-money loan-mongers are the real rulers; that they rule from the most
sordid and mercenary motives; that the ostensible government, the presidents,
senators, and representatives, so called, are merely their tools; and that
no ideas of, or regard for, justice or liberty had anything to do in inducing
them to lend their money for the war. In proof of all this, look at the
following facts.
Nearly a hundred years ago we professed
to have got rid of all that religious superstition, inculcated by a servile
and corrupt priesthood in Europe, that rulers, so called, derived their
authority directly from Heaven; and that it was consequently a religious
duty on the part of the people to obey them. We professed long ago to have
learned that governments could rightfully exist only by the free will,
and on the voluntary support, of those who might choose to sustain them.
We all professed to have known long ago, that the only legitimate objects
of government were the maintenance of liberty and justice equally for all.
All this we had professed for nearly a hundred years. And we professed
to look with pity and contempt upon those ignorant, superstitious, and
enslaved peoples of Europe, who were so easily kept in subjection by the
frauds and force of priests and kings.
Notwithstanding all this, that we had learned,
and known, and professed, for nearly a century, these lenders of blood
money had, for a long series of years previous to the war, been the willing
accomplices of the slave-holders in perverting the government from the
purposes of liberty and justice, to the greatest of crimes. They had been
such accomplices for a purely pecuniary consideration, to
wit, a control of the markets in the South; in other words, the privilege
of holding the slave-holders themselves in industrial and commercial subjection
to the manufacturers and merchants of the North (who afterwards furnished
the money for the war). And these Northern merchants and manufacturers,
these lenders of blood-money, were willing to continue to be the accomplices
of the slave-holders in the future, for the same pecuniary considerations.
But the slave-holders, either doubting the fidelity of their Northern allies,
or feeling themselves strong enough to keep their slaves in subjection
without Northern assistance, would no longer pay the price which these
Northern men demanded. And it was to enforce this price in the future --
that is, to monopolize the Southern markets, to maintain their industrial
and commercial control over the South -- that these Northern manufacturers
and merchants lent some of the profits of their former monopolies for the
war, in order to secure to themselves the same, or greater, monopolies
in the future. These -- and not any love of liberty or justice -- were
the motives on which the money for the war was lent by the North. In short,
the North said to the slave-holders: If you will not pay us our price (give
us control of your markets) for our assistance against your slaves, we
will secure the same price (keep control of your markets) by helping your
slaves against you, and using them as our tools for maintaining dominion
over you; for the control of your markets we will have, whether the tools
we use for that purpose be black or white, and be the cost, in blood and
money, what it may.
On this principle, and from this motive,
and not from any love of liberty, or justice, the money was lent in enormous
amounts, and at enormous rates of interest. And it was only by means of
these loans that the objects of the war were accomplished.
And now these lenders of blood-money demand
their pay; and the government, so called, becomes their tool, their servile,
slavish, villainous tool, to extort it from the labor of the enslaved people
both of the North and South. It is to be extorted by every form of direct,
and indirect, and unequal taxation. Not only the nominal debt and interest
-- enormous as the latter was -- are to be paid in full; but these holders
of the debt are to be paid still further -- and perhaps doubly, triply,
or quadruply paid -- by such tariffs on imports as will enable our home
manufacturers to realize enormous prices for their commodities; also by
such monopolies in banking as will enable them to keep control of, and
thus enslave and plunder, the industry and trade of the great body of the
Northern people themselves. In short, the industrial and commercial slavery
of the great body of the people, North and South, black and white, is the
price which these lenders of blood money demand, and insist upon, and are
determined to secure, in return for the money lent for the war.
This programme having been fully arranged
and systematized, they put their sword into the hands of the chief murderer
of the war, and charge him to carry their scheme into effect. And now he,
speaking as their organ, says: "Let us have peace."
The meaning of this is: Submit quietly
to all the robbery and slavery we have arranged for you, and you can have
"peace." But in case you resist, the same lenders of blood-money, who furnished
the means to subdue the South, will furnish the means again to subdue you.
These are the terms on which alone this
government, or, with few exceptions, any other, ever gives "peace" to its
people.
The whole affair, on the part of those
who furnished the money, has been, and now is, a deliberate scheme of robbery
and murder; not merely to monopolize the markets of the South, but also
to monopolize the currency, and thus control the industry and trade, and
thus plunder and enslave the laborers, of both North and South. And Congress
and the president are today the merest tools for these purposes. They are
obliged to be, for they know that their own power, as rulers, so-called,
is at an end, the moment their credit with the blood-money loan-mongers
fails. They are like a bankrupt in the hands of an extortioner. They dare
not say nay to any demand made upon them. And to hide at once, if possible,
both their servility and crimes, they attempt to divert public attention,
by crying out that they have "Abolished Slavery!" That they have "Saved
the Country!" That they have "Preserved our Glorious Union!" and that,
in now paying the "National Debt," as they call it (as if the people themselves,
all of them who are to be taxed for its payment, had really and
voluntarily joined in contracting it), they are simply "Maintaining the
National Honor!"
By "maintaining the national honor," they
mean simply that they themselves, open robbers and murderers, assume to
be the nation, and will keep faith with those who lend them the money necessary
to enable them to crush the great body of the people under their feet;
and will faithfully appropriate, from the proceeds of their future robberies
and murders, enough to pay all their loans, principal and interest.
The pretense that the "abolition of slavery"
was either a motive or justification for the war, is a fraud of the same
character with that of "maintaining the national honor." Who, but such
usurpers, robbers, and murderers as they, ever established slavery? Or
what government, except one resting upon the sword, like the one we now
have, was ever capable of maintaining slavery? And why did these men abolish
slavery? Not from any love of liberty in general -- not as an act of justice
to the black man himself, but only "as a war measure," and because they
wanted his assistance, and that of his friends, in carrying on the war
they had undertaken for maintaining and intensifying that political, commercial,
and industrial slavery, to which they have subjected the great body of
the people, both black and white. And yet these imposters now cry out that
they have abolished the chattel slavery of the black man -- although that
was not the motive of the war -- as if they thought they could thereby
conceal, atone for, or justify that other slavery which they were fighting
to perpetuate, and to render more rigorous and inexorable than it ever
was before. There was no difference of principle -- but only of degree
-- between the slavery they boast they have abolished, and the slavery
they were fighting to preserve; for all restraints upon men's natural liberty,
not necessary for the simple maintenance of justice, are of the nature
of slavery, and differ from each other only in degree.
If their object had really been to abolish
slavery, or maintain liberty or justice generally, they had only to say:
All, whether white or black, who want the protection of this government,
shall have it; and all who do not want it, will be left in peace, so long
as they leave us in peace. Had they said this, slavery would necessarily
have been abolished at once; the war would have been saved; and a thousand
times nobler union than we have ever had would have been the result. It
would have been a voluntary union of free men; such a union as will one
day exist among all men, the world over, if the several nations, so called,
shall ever get rid of the usurpers, robbers, and murderers, called governments,
that now plunder, enslave, and destroy them.
Still another of the frauds of these men
is, that they are now establishing, and that the war was designed to establish,
"a government of consent." The only idea they have ever manifested as to
what is a government of consent, is this -- that it is one to which everybody
must consent, or be shot. This idea was the dominant one on which the war
was carried on; and it is the dominant one, now that we have got what is
called "peace."
Their pretenses that they have "Saved the
Country," and "Preserved our Glorious Union," are frauds like all the rest
of their pretenses. By them they mean simply that they have subjugated,
and maintained their power over, an unwilling people. This they call "Saving
the Country"; as if an enslaved and subjugated people -- or as if any people
kept in subjection by the sword (as it is intended that all of us shall
be hereafter) -- could be said to have any country. This, too, they call
"Preserving our Glorious Union"; as if there could be said to be any Union,
glorious or inglorious, that was not voluntary. Or as if there could be
said to be any union between masters and slaves; between those who conquer,
and those who are subjugated.
All these cries of having "abolished slavery,"
of having "saved the country," of having "preserved the union," of establishing
"a government of consent," and of "maintaining the national honor," are
all gross, shameless, transparent cheats -- so transparent that they ought
to deceive no one -- when uttered as justifications for the war, or for
the government that has succeeded the war, or for now compelling the people
to pay the cost of the war, or for compelling anybody to support a government
that he does not want.
The lesson taught by all these facts is
this: As long as mankind continue to pay "national debts," so-called --
that is, so long as they are such dupes and cowards as to pay for being
cheated, plundered, enslaved, and murdered -- so long there will be enough
to lend the money for those purposes; and with that money a plenty of tools,
called soldiers, can be hired to keep them in subjection. But when they
refuse any longer to pay for being thus cheated, plundered, enslaved, and
murdered, they will cease to have cheats, and usurpers, and robbers, and
murderers and blood-money loan-mongers for masters.
APPENDIX
Inasmuch as the Constitution was never signed,
nor agreed to, by anybody, as a contract, and therefore never bound anybody,
and is now binding upon nobody; and is, moreover, such an one as no people
can ever hereafter be expected to consent to, except as they may be forced
to do so at the point of the bayonet, it is perhaps of no importance what
its true legal meaning, as a contract, is. Nevertheless, the writer thinks
it proper to say that, in his opinion, the Constitution is no such instrument
as it has generally been assumed to be; but that by false interpretations,
and naked usurpations, the government has been made in practice a very
widely, and almost wholly, different thing from what the Constitution itself
purports to authorize. He has heretofore written much, and could write
much more, to prove that such is the truth. But 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.
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