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Lysander Spooner

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Beschreibung

In "A Letter to Grover Cleveland," Lysander Spooner, a pivotal figure in 19th-century American legal and political thought, presents a compelling critique of government power and the erosion of individual liberties. Written during Cleveland's presidency, Spooner's epistolary format blends sharp rhetoric with philosophical inquiry, challenging the status quo of governmental authority and highlighting the moral obligations of public servants. His work reflects the growing tensions of his time, where debates over democracy, civil rights, and the proper role of the state dominated American discourse, showcasing his unique position as an advocate for laissez-faire economics and individualism. Lysander Spooner, a self-taught lawyer and abolitionist, was deeply influenced by the socio-political climate of his era, particularly the injustices he perceived within governmental systems. His unyielding commitment to individual rights and skepticism of state power arose from his experiences in post-Civil War America, where he witnessed first-hand the implications of state overreach. Spooner's philosophical foundations, steeped in natural law and individual sovereignty, prime him as a radical thinker whose ideas predated and arguably paved the way for modern libertarian thought. This book is essential reading for anyone seeking to understand the roots of American libertarianism and the ongoing discourse surrounding government intervention. Spooner'Äôs articulate arguments resonate today, making this letter not only a historical artifact but a timeless appeal for personal freedom and responsibility. Readers who appreciate political philosophy, civil liberties, or American history will find Spooner's insights both provocative and enlightening.

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Veröffentlichungsjahr: 2019

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Lysander Spooner

A Letter to Grover Cleveland

On His False Inaugural Address, The Usurpations and Crimes of Lawmakers and Judges, and the Consequent Poverty, Ignorance, and Servitude Of The People
Published by Good Press, 2019
EAN 4064066189464

Table of Contents

Section I.
Section II.
Section III.
Section IV.
Section V.
Section VI.
Section VII.
Section VIII.
Section IX.
Section X.
Section XI.
Section XII.
Section XIII.
Section XIV.
Section XV.
Section XVI.
Section XVII.
Section XVIII.
Section XIX.
Section XX.
Section XXI.
Section XXII.
Section XXIII.
Section XXIV.
Section XXV.
Section XXVI.
Section XXVII.

Section I.

Table of Contents

To Grover Cleveland:

Sir—Your inaugural address is probably as honest, sensible, and consistent a one as that of any president within the last fifty years, or, perhaps, as any since the foundation of the government. If, therefore, it is false, absurd, self-contradictory, and ridiculous, it is not (as I think) because you are personally less honest, sensible, or consistent than your predecessors, but because the government itself—according to your own description of it, and according to the practical administration of it for nearly a hundred years—is an utterly and palpably false, absurd, and criminal one. Such praises as you bestow upon it are, therefore, necessarily false, absurd, and ridiculous.

Thus you describe it as "a government pledged to do equal and exact justice to all men."

Did you stop to think what that means? Evidently you did not; for nearly, or quite, all the rest of your address is in direct contradiction to it.

Let me then remind you that justice is an immutable, natural principle; and not anything that can be made, unmade, or altered by any human power.

It is also a subject of science, and is to be learned, like mathematics, or any other science. It does not derive its authority from the commands, will, pleasure, or discretion of any possible combination of men, whether calling themselves a government, or by any other name.

It is also, at all times, and in all places, the supreme law. And being everywhere and always the supreme law, it is necessarily everywhere and always the only law.

Lawmakers, as they call themselves, can add nothing to it, nor take anything from it. Therefore all their laws, as they call them—that is, all the laws of their own making—have no color of authority or obligation. It is a falsehood to call them laws; for there is nothing in them that either creates men's duties or rights, or enlightens them as to their duties or rights. There is consequently nothing binding or obligatory about them. And nobody is bound to take the least notice of them, unless it be to trample them under foot, as usurpations. If they command men to do justice, they add nothing to men's obligation to do it, or to any man's right to enforce it. They are therefore mere idle wind, such as would be commands to consider the day as day, and the night as night. If they command or license any man to do injustice, they are criminal on their face. If they command any man to do anything which justice does not require him to do, they are simple, naked usurpations and tyrannies. If they forbid any man to do anything, which justice would permit him to do, they are criminal invasions of his natural and rightful liberty. In whatever light, therefore, they are viewed, they are utterly destitute of everything like authority or obligation. They are all necessarily either the impudent, fraudulent, and criminal usurpations of tyrants, robbers, and murderers, or the senseless work of ignorant or thoughtless men, who do not know, or certainly do not realize, what they are doing.

This science of justice, or natural law, is the only science that tells us what are, and what are not, each man's natural, inherent, inalienable, individual rights, as against any and all other men. And to say that any, or all, other men may rightfully compel him to obey any or all such other laws as they may see fit to make, is to say that he has no rights of his own, but is their subject, their property, and their slave.

For the reasons now given, the simple maintenance of justice, or natural law, is plainly the one only purpose for which any coercive power—or anything bearing the name of government—has a right to exist.

It is intrinsically just as false, absurd, ludicrous, and ridiculous to say that lawmakers, so-called, can invent and make any laws, of their own, authoritatively fixing, or declaring, the rights of individuals, or that shall be in any manner authoritative or obligatory upon individuals, or that individuals may rightfully be compelled to obey, as it would be to say that they can invent and make such mathematics, chemistry, physiology, or other sciences, as they see fit, and rightfully compel individuals to conform all their actions to them, instead of conforming them to the mathematics, chemistry, physiology, or other sciences of nature.

Lawmakers, as they call themselves, might just as well claim the right to abolish, by statute, the natural law of gravitation, the natural laws of light, heat, and electricity, and all the other natural laws of matter and mind, and institute laws of their own in the place of them, and compel conformity to them, as to claim the right to set aside the natural law of justice, and compel obedience to such other laws as they may see fit to manufacture, and set up in its stead.

Let me now ask you how you imagine that your so-called lawmakers can "do equal and exact justice to all men," by any so-called laws of their own making. If their laws command anything but justice, or forbid anything but injustice, they are themselves unjust and criminal. If they simply command justice, and forbid injustice, they add nothing to the natural authority of justice, or to men's obligation to obey it. It is, therefore, a simple impertinence, and sheer impudence, on their part, to assume that their commands, as such, are of any authority whatever. It is also sheer impudence, on their part, to assume that their commands are at all necessary to teach other men what is, and what is not, justice. The science of justice is as open to be learned by all other men, as by themselves; and it is, in general, so simple and easy to be learned, that there is no need of, and no place for, any man, or body of men, to teach it, declare it, or command it, on their own authority.

For one, or another, of these reasons, therefore, each and every law, so-called, that forty-eight different congresses have presumed to make, within the last ninety-six years, have been utterly destitute of all legitimate authority. That is to say, they have either been criminal, as commanding or licensing men to do what justice forbade them to do, or as forbidding them to do what justice would have permitted them to do; or else they have been superfluous, as adding nothing to men's knowledge of justice, or to their obligation to do justice, or abstain from injustice.

What excuse, then, have you for attempting to enforce upon the people that great mass of superfluous or criminal laws (so-called) which ignorant and foolish, or impudent and criminal, men have, for so many years, been manufacturing, and promulgating, and enforcing, in violation of justice, and of all men's natural, inherent, and inalienable rights?

Section II.

Table of Contents

Perhaps you will say that there is no such science as that of justice. If you do say this, by what right, or on what reason, do you proclaim your intention "to do equal and exact justice to all men"? If there is no science of justice, how do you know that there is any such principle as justice? Or how do you know what is, and what is not, justice? If there is no science of justice—such as the people can learn and understand for themselves—why do you say anything about justice to them? Or why do you promise them any such thing as "equal and exact justice," if they do not know, and are incapable of learning, what justice is? Do you use this phrase to deceive those whom you look upon as being so ignorant, so destitute of reason, as to be deceived by idle, unmeaning words? If you do not, you are plainly bound to let us all know what you do mean, by doing "equal and exact justice to all men."

I can assure you, sir, that a very large portion of the people of this country do not believe that the government is doing "equal and exact justice to all men." And some persons are earnestly promulgating the idea that the government is not attempting to do, and has no intention of doing, anything like "equal and exact justice to all men"; that, on the contrary, it is knowingly, deliberately, and wilfully doing an incalculable amount of injustice; that it has always been doing this in the past, and that it has no intention of doing anything else in the future; that it is a mere tool in the hands of a few ambitious, rapacious, and unprincipled men; that its purpose, in doing all this injustice, is to keep—so far as they can without driving the people to rebellion—all wealth, and all political power, in as few hands as possible; and that this injustice is the direct cause of all the widespread poverty, ignorance, and servitude among the great body of the people.

Now, Sir, I wish I could hope that you would do something to show that you are not a party to any such scheme as that; something to show that you are neither corrupt enough, nor blind enough, nor coward enough, to be made use of for any such purpose as that; something to show that when you profess your intention "to do equal and exact justice to all men," you attach some real and definite meaning to your words. Until you do that, is it not plain that the people have a right to consider you a tyrant, and the confederate and tool of tyrants, and to get rid of you as unceremoniously as they would of any other tyrant?

Section III.

Table of Contents

Sir, if any government is to be a rational, consistent, and honest one, it must evidently be based on some fundamental, immutable, eternal principle; such as every man may reasonably agree to, and such as every man may rightfully be compelled to abide by, and obey. And the whole power of the government must be limited to the maintenance of that single principle. And that one principle is justice. There is no other principle that any man can rightfully enforce upon others, or ought to consent to have enforced against himself. Every man claims the protection of this principle for himself, whether he is willing to accord it to others, or not. Yet such is the inconsistency of human nature, that some men—in fact, many men—who will risk their lives for this principle, when their own liberty or property is at stake, will violate it in the most flagrant manner, if they can thereby obtain arbitrary power over the persons or property of others. We have seen this fact illustrated in this country, through its whole history—especially during the last hundred years—and in the case of many of the most conspicuous persons. And their example and influence have been employed to pervert the whole character of the government. It is against such men, that all others, who desire nothing but justice for themselves, and are willing to unite to secure it for all others, must combine, if we are ever to have justice established for any.

Section IV.

Table of Contents

It is self-evident that no number of men, by conspiring, and calling themselves a government, can acquire any rights whatever over other men, or other men's property, which they had not before, as individuals. And whenever any number of men, calling themselves a government, do anything to another man, or to his property, which they had no right to do as individuals they thereby declare themselves trespassers, robbers, or murderers, according to the nature of their acts.

Men, as individuals, may rightfully compel each other to obey this one law of justice. And it is the only law which any man can rightfully be compelled, by his fellow men, to obey. All other laws, it is optional with each man to obey, or not, as he may choose. But this one law of justice he may rightfully be compelled to obey; and all the force that is reasonably necessary to compel him, may rightfully be used against him.

But the right of every man to do anything, and everything, which justice does not forbid him to do, is a natural, inherent, inalienable right. It is his right, as against any and all other men, whether they be many, or few. It is a right indispensable to every man's highest happiness; and to every man's power of judging and determining for himself what will, and what will not, promote his happiness. Any restriction upon the exercise of this right is a restriction upon his rightful power of providing for, and accomplishing, his own well-being.

Sir, these natural, inherent, inalienable, individual rights are sacred things. They are the only human rights. They are the only rights by which any man can protect his own property, liberty, or life against any one who may be disposed to take it away. Consequently they are not things that any set of either blockheads or villains, calling themselves a government, can rightfully take into their own hands, and dispose of at their pleasure, as they have been accustomed to do in this, and in nearly or quite all other countries.

Section V.

Table of Contents

Sir, I repeat that individual rights are the only human rights. Legally speaking, there are no such things as "public rights," as distinguished from individual rights. Legally speaking, there is no such creature or thing as "the public." The term "the public" is an utterly vague and indefinite one, applied arbitrarily and at random to a greater or less number of individuals, each and every one of whom have their own separate, individual rights, and none others. And the protection of these separate, individual rights is the one only legitimate purpose, for which anything in the nature of a governing, or coercive, power has a right to exist. And these separate, individual rights all rest upon, and can be ascertained only by, the one science of justice.

Legally speaking, the term "public rights" is as vague and indefinite as are the terms "public health," "public good," "public welfare," and the like. It has no legal meaning, except when used to describe the separate, private, individual rights of a greater or less number of individuals.

In so far as the separate, private, natural rights of individuals are secured, in just so far, and no farther, are the "public rights" secured. In so far as the separate, private, natural rights of individuals are disregarded or violated, in just so far are "public rights" disregarded or violated. Therefore all the pretences of so-called lawmakers, that they are protecting "public rights," by violating private rights, are sheer and utter contradictions and frauds. They are just as false and absurd as it would be to say that they are protecting the public health, by arbitrarily poisoning and destroying the health of single individuals.

The pretence of the lawmakers, that they are promoting the "public good," by violating individual "rights," is just as false and absurd as is the pretence that they are protecting "public rights" by violating "private rights." Sir, the greatest "public good," of which any coercive power, calling itself a government, or by any other name, is capable, is the protection of each and every individual in the quiet and peaceful enjoyment and exercise of all his own natural, inherent, inalienable, individual "rights." This is a "good" that comes home to each and every individual, of whom "the public" is composed. It is also a "good," which each and every one of these individuals, composing "the public," can appreciate. It is a "good," for the loss of which governments can make no compensation whatever. It is a universal and impartial "good," of the highest importance to each and every human being; and not any such vague, false, and criminal thing as the lawmakers—when violating private rights—tell us they are trying to accomplish, under the name of "the public good." It is also the only "equal and exact justice," which you, or anybody else, are capable of securing, or have any occasion to secure, to any human being. Let but this "equal and exact justice" be secured "to all men," and they will then be abundantly able to take care of themselves, and secure their own highest "good." Or if any one should ever chance to need anything more than this, he may safely trust to the voluntary kindness of his fellow men to supply it.

It is one of those things not easily accounted for, that men who would scorn to do an injustice to a fellow man, in a private transaction—who would scorn to usurp any arbitrary dominion over him, or his property—who would be in the highest degree indignant, if charged with any private injustice—and who, at a moment's warning, would take their lives in their hands, to defend their own rights, and redress their own wrongs—will, the moment they become members of what they call a government, assume that they are absolved from all principles and all obligations that were imperative upon them, as individuals; will assume that they are invested with a right of arbitrary and irresponsible dominion over other men, and other men's property. Yet they are doing this continually. And all the laws they make are based upon the assumption that they have now become invested with rights that are more than human, and that those, on whom their laws are to operate, have lost even their human rights. They seem to be utterly blind to the fact, that the only reason there can be for their existence as a government, is that they may protect those very "rights," which they before scrupulously respected, but which they now unscrupulously trample upon.

Section VI.

Table of Contents

But you evidently believe nothing of what I have now been saying. You evidently believe that justice is no law at all, unless in cases where the lawmakers may chance to prefer it to any law which they themselves can invent.

You evidently believe that, a certain paper, called the constitution, which nobody ever signed, which few persons ever read, which the great body of the people never saw, and as to the meaning of which no two persons were ever agreed, is the supreme law of this land, anything in the law of nature—anything in the natural, inherent, inalienable, individual rights of fifty millions of people—to the contrary not withstanding.

Did folly, falsehood, absurdity, assumption, or criminality ever reach a higher point than that?

You evidently believe that those great volumes of statutes, which the people at large have never read, nor even seen, and never will read, nor see, but which such men as you and your lawmakers have been manufacturing for nearly a hundred years, to restrain them of their liberty, and deprive them of their natural rights, were all made for their benefit, by men wiser than they—wiser even than justice itself—and having only their welfare at heart!

You evidently believe that the men who made those laws were duly authorized to make them; and that you yourself have been duly authorized to enforce them. But in this you are utterly mistaken. You have not so much as the honest, responsible scratch of one single pen, to justify you in the exercise of the power you have taken upon yourself to exercise. For example, you have no such evidence of your right to take any man's property for the support of your government, as would be required of you, if you were to claim pay for a single day's honest labor.

It was once said, in this country, that taxation without consent was robbery. And a seven years' war was fought to maintain that principle. But if that principle were a true one in behalf of three millions of men, it is an equally true one in behalf of three men, or of one man.

Who are ever taxed? Individuals only. Who have property that can be taxed? Individuals only. Who can give their consent to be taxed? Individuals only. Who are ever taxed without their consent? Individuals only. Who, then, are robbed, if taxed without their consent? Individuals only.

If taxation without consent is robbery, the United States government has never had, has not now, and is never likely to have, a single honest dollar in its treasury.

If taxation without consent is not robbery, then any band of robbers have only to declare themselves a government, and all their robberies are legalized.

If any man's money can be taken by a so-called government, without his own personal consent, all his other rights are taken with it; for with his money the government can, and will, hire soldiers to stand over him, compel him to submit to its arbitrary will, and kill him if he resists.

That your whole claim of a right to any man's money for the support of your government, without his consent, is the merest farce and fraud, is proved by the fact that you have no such evidence of your right to take it, as would be required of you, by one of your own courts, to prove a debt of five dollars, that might be honestly due you.

You and your lawmakers have no such evidence of your right of dominion over the people of this country, as would be required to prove your right to any material property, that you might have purchased.

When a man parts with any considerable amount of such material property as he has a natural right to part with—as, for example, houses, or lands, or food, or clothing, or anything else of much value—he usually gives, and the purchaser usually demands, some written acknowledgment, receipt, bill of sale, or other evidence, that will prove that he voluntarily parted with it, and that the purchaser is now the real and true owner of it. But you hold that fifty millions of people have voluntarily parted, not only with their natural right of dominion over all their material property, but also with all their natural right of dominion over their own souls and bodies; when not one of them has ever given you a scrap of writing, or even "made his mark," to that effect.

You have not so much as the honest signature of a single human being, granting to you or your lawmakers any right of dominion whatever over him or his property.

You hold your place only by a title, which, on no just principle of law or reason, is worth a straw. And all who are associated with you in the government—whether they be called senators, representatives, judges, executive officers, or what not—all hold their places, directly or indirectly, only by the same worthless title. That title is nothing more nor less than votes given in secret (by secret ballot), by not more than one-fifth of the whole population. These votes were given in secret solely because those who gave them did not dare to make themselves personally responsible, either for their own acts, or the acts of their agents, the lawmakers, judges, etc.

These voters, having given their votes in secret (by secret ballot), have put it out of your power—and out of the power of all others associated with you in the government—to designate your principals individually. That is to say, you have no legal knowledge as to who voted for you, or who voted against you. And being unable to designate your principals individually, you have no right to say that you have any principals. And having no right to say that you have any principals, you are bound, on every just principle of law or reason, to confess that you are mere usurpers, making laws, and enforcing them, upon your own authority alone.

A secret ballot makes a secret government; and a secret government is nothing else than a government by conspiracy. And a government by conspiracy is the only government we now have.

You say that "every voter exercises a public trust."

Who appointed him to that trust? Nobody. He simply usurped the power; he never accepted the trust. And because he usurped the power, he dares exercise it only in secret. Not one of all the ten millions of voters, who helped to place you in power, would have dared to do so, if he had known that he was to be held personally responsible, before any just tribunal, for the acts of those for whom he voted.

Inasmuch as all the votes, given for you and your lawmakers, were given in secret, all that you and they can say, in support of your authority as rulers, is that you venture upon your acts as lawmakers, etc., not because you have any open, authentic, written, legitimate authority granted you by any human being—for you can show nothing of the kind—but only because, from certain reports made to you of votes given in secret, you have reason to believe that you have at your backs a secret association strong enough to sustain you by force, in case your authority should be resisted.

Is there a government on earth that rests upon a more false, absurd, or tyrannical basis than that?

Section VII.

Table of Contents

But the falsehood and absurdity of your whole system of government do not result solely from the fact that it rests wholly upon votes given in secret, or by men who take care to avoid all personal responsibility for their own acts, or the acts of their agents. On the contrary, if every man, woman, and child in the United States had openly signed, sealed, and delivered to you and your associates, a written document, purporting to invest you with all the legislative, judicial, and executive powers that you now exercise, they would not thereby have given you the slightest legitimate authority. Such a contract, purporting to surrender into your hands all their natural rights of person and property, to be disposed of at your pleasure or discretion, would have been simply an absurd and void contract, giving you no real authority whatever.

It is a natural impossibility for any man to make a binding contract, by which he shall surrender to others a single one of what are commonly called his "natural, inherent, inalienable rights."

It is a natural impossibility for any man to make a binding contract, that shall invest others with any right whatever of arbitrary, irresponsible dominion over him.

The right of arbitrary, irresponsible dominion is the right of property; and the right of property is the right of arbitrary, irresponsible dominion. The two are identical. There is no difference between them. Neither can exist without the other. If, therefore, our so-called lawmakers really have that right of arbitrary, irresponsible dominion over us, which they claim to have, and which they habitually exercise, it must be because they own us as property. If they own us as property, it must be because nature made us their property; for, as no man can sell himself as a slave, we could never make a binding contract that should make us their property—or, what is the same thing, give them any right of arbitrary, irresponsible dominion over us.

As a lawyer, you certainly ought to know that all this is true.

Section VIII.

Table of Contents

Sir, consider, for a moment, what an utterly false, absurd, ridiculous, and criminal government we now have.

It all rests upon the false, ridiculous, and utterly groundless assumption, that fifty millions of people not only could voluntarily surrender, but actually have voluntarily surrendered, all their natural rights, as human beings, into the custody of some four hundred men, called lawmakers, judges, etc., who are to be held utterly irresponsible for the disposal they may make of them.[2]

[2] The irresponsibility of the senators and representatives is guaranteed to them in this wise:

For any speech or debate [or vote] in either house, they [the senators and representatives] shall not be questioned [held to any legal responsibility] in any other place.—Constitution, Art. 1, Sec. 6.

The judicial and executive officers are all equally guaranteed against all responsibility to the people. They are made responsible only to the senators and representatives, whose laws they are to administer and execute. So long as they sanction and execute all these laws, to the satisfaction of the lawmakers, they are safe against all responsibility. In no case can the people, whose rights they are continually denying and trampling upon, hold them to any accountability whatever.

Thus it will be seen that all departments of the government, legislative, judicial, and executive, are placed entirely beyond any responsibility to the people, whose agents they profess to be, and whose rights they assume to dispose of at pleasure.

Was a more absolute, irresponsible government than that ever invented?

The only right, which any individual is supposed to retain, or possess, under the government, is a purely fictitious one—one that nature never gave him,—to wit, his right (so-called), as one of some ten millions of male adults, to give away, by his vote, not only all his own natural, inherent, inalienable, human rights, but also all the natural, inherent, inalienable, human rights of forty millions of other human beings—that is, women and children.

To suppose that any one of all these ten millions of male adults would voluntarily surrender a single one of all his natural, inherent, inalienable, human rights into the hands of irresponsible men, is an absurdity; because, first, he has no power to do so, any contract he may make for that purpose being absurd, and necessarily void; and, secondly, because he can have no rational motive for doing so. To suppose him to do so, is to suppose him to be an idiot, incapable of making any rational and obligatory contract. It is to suppose he would voluntarily give away everything in life that was of value to himself, and get nothing in return. To suppose that he would attempt to give away all the natural rights of other persons—that is, the women and children—as well as his own, is to suppose him to attempt to do something that he has no right, or power, to do. It is to suppose him to be both a villain and a fool.

And yet this government now rests wholly upon the assumption that some ten millions of male adults—men supposed to be compos mentis—have not only attempted to do, but have actually succeeded in doing, these absurd and impossible things.