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
To the correct decision of this case, it seemed indispensable that the
court should give a comprehensive, precise, and _universal_ definition
of "the obligation of contracts"; one by which it might forever after be
known what was, and what was not, that "obligation of contracts," which
the State governments were forbidden to "impair" by "_any law_"
whatever.
The cause was heard at two terms, that of 1824, and that of 1827.
It was argued by Webster, Wheaton, Wirt, Clay, Livingston, Ogden, Jones,
Sampson, and Haines; nine in all. Their arguments were so voluminous
that they could not be reported at length. Only summaries of them are
given. But these summaries occupy thirty-eight pages in the reports.
The judges, at that time, were seven, _viz._, Marshall, Washington,
Johnson, Duvall, Story, Thompson, and Trimble.
The judges gave five different opinions; occupying one hundred pages of
the reports.
But no one definition of "the obligation of contracts" could be agreed
on; _not even by a majority_.
Here, then, sixteen lawyers and judges--many of them among the most
eminent the country has ever had--were called upon to give their
opinions upon a question of the highest importance to all men's natural
rights, to all the interests of civilized society, and to the very
existence of civilization itself; a question, upon the answer to which
depended the real validity, or invalidity, of every contract that ever
was made, or ever will be made, between man and man. And yet, by their
disagreements, they all virtually acknowledged that they did not know
what "the obligation of contracts" was!
But this was not all. Although they could not agree as to what "the
obligation of contracts" was, they did all agree that it could be
nothing which the State lawmakers could not prohibit and abolish, _by
laws passed before the contracts were made_. That is to say, they all
agreed that the State lawmakers had absolute power to prohibit all
contracts whatsoever, for buying and selling, borrowing and lending,
giving and receiving, property; and that, whenever they did prohibit any
particular contract, or class of contracts, _all such contracts,
thereafter made, could have no "obligation"_!
They said this, be it noted, not of contracts that were naturally and
intrinsically criminal and void, but of contracts that were naturally
and intrinsically as just, and lawful, and useful, and necessary, as any
that men ever enter into; and that had as perfect a natural, intrinsic,
inherent "obligation," as any of those contracts, by which the traffic
of society is carried on, or by which men ever buy and sell, borrow and
lend, give and receive, property, of and to each other.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account