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
So, too, every man has, by nature, a right to judge of, and enforce, the
rights, and judge of, and redress the wrongs, of any and all other men.
This right is included in his natural right to maintain justice between
man and man, and to protect the injured party against the wrongdoer.
But, in doing this, he must act only in accordance with his own judgment
and conscience, and subject to his own personal responsibility for any
error he may commit, either through ignorance or design.
But, inasmuch as, in this case, as in the preceding one, he can neither
delegate nor impart his own judgment or conscience to another, he cannot
delegate his judicial power or right to another.
But not only were no lawmaking or judicial powers "delegated to the
United States by the constitution," neither were any executive powers so
delegated. And why? Because, in a case of justice or injustice, it is
naturally impossible that any one man can delegate his executive right
or power to another.
Every man has, by nature, the right to maintain justice for himself, and
for all other persons, by the use of so much force as may be reasonably
necessary for that purpose. But he can use the force only in accordance
with his own judgment and conscience, and on his own personal
responsibility, if, through ignorance or design, he commits any wrong to
another.
But inasmuch as he cannot delegate, or impart, his own judgment or
conscience to another, he cannot delegate his executive power or right
to another.
_The result is, that, in all judicial and executive proceedings, for the
maintenance of justice, every man must act only in accordance with his
own judgment and conscience, and on his own personal responsibility for
any wrong he may commit; whether such wrong be committed through either
ignorance or design._
The effect of this principle of personal responsibility, in all judicial
and executive proceedings, would be--or at least ought to be--that no
one would give any judicial opinions, or do any executive acts, except
such as his own judgment and conscience should approve, _and such as he
would be willing to be held personally responsible for_.
No one could justify, or excuse, his wrong act, by saying that a power,
or authority, to do it had been delegated to him, by any other men,
however numerous.
For the reasons that have now been given, neither any legislative,
judicial, nor executive powers ever were, or ever could have been,
"delegated to the United States by the constitution"; no matter how
honestly or innocently the people of that day may have believed, or
attempted, the contrary.
And what is true, in this matter, in regard to the national government,
is, for the same reasons, equally true in regard to all the State
governments.
Public-domain text, read in full here on John Shaqi.
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