A government that can at pleasure accuse, shoot, and hang men, as traitors, for the one general offence of refusing to surrender themselves and their property unreservedly to its arbitrary will, can practice any and all special and particular oppressions it pleases.
No principle, that is possible to be named, can be more self-evidently false than this; or more self-evidently fatal to all political freedom. Yet it triumphed in the field, and is now assumed to be established. If it really be established, the number of slaves, instead of having been diminished by the war, has been greatly increased; for a man, thus subjected to a government that he does not want, is a slave.
Majorities, as such, afford no guarantees for justice. They are men of the same nature as minorities. They have the same passions for fame, power, and money, as minorities; and are liable and likely to be equally - perhaps more than equally, because more boldly - rapacious, tyrannical and unprincipled, if intrusted with power.
Vices are simply the errors which a man makes in his search after his own happiness. Unlike crimes, they imply no malice toward others, and no interference with their persons or property.
If our fathers, in 1776, had acknowledged the principle that a majority had the right to rule the minority, we should never have become a nation; for they were in a small minority, as compared with those who claimed the right to rule over them.
Now a slave is not 'held' by any legal contract, obligation, duty, or authority, which the laws will enforce. He is 'held' only by brute force. One person beats another until the latter will obey him, work for him, if he require it, or do nothing if he require it.
A slave government is an oligarchy; and one, too, of the most arbitrary and criminal character.
But that the people are stronger than the government, and will resist in extreme cases, our governments would be little or nothing else than organized systems of plunder and oppression.
Martyrdom is evidence only of a man's honesty - it is no evidence that he is not mistaken. Men have suffered martyrdom for all sorts of opinions in politics and in religion; yet they could not therefore have all been in the right; although they could give no stronger evidence that they believed themselves in the right.
No body of men can be said to authorize a man to act as their agent, to the injury of a third person.
The secret ballot makes a secret government; and a secret government is a secret band of robbers and murderers.
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.
Those who deny the right of a jury to protect an individual in resisting an unjust law of the government, deny him all defence whatsoever against oppression.
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.
All, or nearly all, the advantage there is in fixing any constitutional limits to the power of a government, is simply to give notice to the government of the point at which it will meet with resistance.
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.
Slavery, if it can be legalized at all, can be legalized only by positive legislation. Natural law gives it no aid. Custom imparts to it no legal sanction.
For a government to declare a vice to be a crime, and to punish it as such, is an attempt to falsify the very nature of things. It is as absurd as it would be to declare truth to be a falsehood, or falsehood a truth.
The very idea of law originates in men's natural rights. There is no other standard, than natural rights, by which civil law can be measured. Law has always been the name of that rule or principle of justice, which protects those rights. Thus we speak of natural law.
The commerce of a free people is many times more valuable than that of slaves. Freemen produce and consume vastly more than slaves. They have therefore more to buy and more to sell. Hence the free states have a direct pecuniary interest in the civil freedom of all the other states. Commerce between free and slave states is not reciprocal or equal.
If two individuals enter into a contract to commit trespass, theft, robbery or murder upon a third, the contract is unlawful and void, simply because it is a contract to violate natural justice, or men's natural rights.
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.' ... 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.
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.
A traitor is a betrayer - one who practices injury, while professing friendship. Benedict Arnold was a traitor, solely because, while professing friendship for the American cause, he attempted to injure it. An open enemy, however criminal in other respects, is no traitor.
Doing a thing by law, or according to law, is only carrying the law into execution. And punishing a man by, or according to, the sentence or judgment of his peers, is only carrying that sentence or judgment into execution.
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