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 PeopleSpooner, Lysander
Philosophy
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
Spooner, Lysander
Cleveland, Grover, 1837-1908; United States -- Politics and government
All this is as much as to say that, when a man has voluntarily "come
into society," and has "surrendered" to society "his original and
natural right of coercing" the fulfilment of his contracts, and when he
has done this in the confidence that society will fulfil its pledge to
"give him a more safe and more certain coercion" than he was capable of
himself, "society" may then turn around to him, and say:
We acknowledge that you have a natural right to make your own
contracts. We acknowledge that your contracts have "an
intrinsic obligation." We acknowledge that you had "an original
and natural right" to coerce the fulfilment of them. We
acknowledge that it was solely in consideration of our pledge
to you, that we would give you a more safe and more certain
coercion than you were capable of yourself, that you
"surrendered" to us your right to coerce a fulfilment of them.
And we acknowledge that, _according to our pledge_, you have
now a right to require of us that we coerce a fulfilment of
them. But after you had "surrendered" to us your own right of
coercion, we took a different view of the pledge we had given
you; and concluded that it would be "mischievous" to allow you
to make such contracts. We therefore "prohibited" your making
them. And having prohibited the making of them, we cannot now
admit that they have any "obligation." We must therefore
decline to enforce the fulfilment of them. And we warn you
that, if you attempt to enforce them, by virtue of your own
"original and natural right of coercion," we shall be obliged
to consider your act a breach of "the general peace," and
punish you accordingly. We are sorry that you have lost your
property, but "society" must judge as to what contracts are,
and what are not, "mischievous." We can therefore give you no
redress. Nor can we suffer you to enforce your own rights, or
redress your own wrongs.
Such is Marshall's theory of the way in which "society" got possession
of all men's "original and natural right" to make their own contracts,
and enforce the fulfilment of them; and of the way in which "society"
now justifies itself in prohibiting all contracts, though "intrinsically
obligatory," which it may choose to consider "mischievous." And he
asserts that, in this way, "society" has acquired "_an unquestionable
right_" to cheat men out of all their "original and natural right" to
make their own contracts, and enforce the fulfilment of them.
Public-domain text, read in full here on John Shaqi.
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