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
Not one of these sixteen lawyers and judges took the ground that the
constitution, in forbidding any State to "pass any law impairing the
obligation of contracts," intended to protect, against the arbitrary
legislation of the States, the only true, real, and natural "obligation
of contracts," or the right of the people to enter into all really just,
and naturally obligatory contracts.
Is it possible to conceive of a more shameful exhibition, or confession,
of the servility, the baseness, or the utter degradation, of both bar
and bench, than their refusal to say one word in favor of justice,
liberty, men's natural rights, or the natural, and only real,
"obligation" of their contracts?
And yet, from that day to this--a period of sixty years, save
one--neither bar nor bench, so far as I know, have ever uttered one
syllable in vindication of men's natural right to make their own
contracts, or to have the only true, real, natural, inherent, intrinsic
"obligation" of their contracts respected by lawmakers or courts.
Can any further proof be needed that all ideas of justice and men's
natural rights are absolutely banished from the minds of lawmakers, and
from so-called courts of justice? Or that absolute and irresponsible
lawmaking has usurped their place?
Or can any further proof be needed, of the utter worthlessness of all
the constitutions, which these lawmakers and judges swear to support,
and profess to be governed by?
SECTION XVIII.
If, now, it be asked, what is this constitutional "obligation of
contracts," which the States are forbidden to impair, the answer is,
that it is, and necessarily must be, the _natural_ obligation; or that
obligation, which contracts have, on principles of natural law, and
natural justice, as distinguished from any arbitrary or unjust
obligation, which lawmakers may assume to create, and attach to
contracts.
This natural obligation is the only _one_ "obligation" which _all_
obligatory contracts can be said to have. It is the only _inherent_
"obligation," that any contract can be said to have. It is recognized
all over the world--at least as far as it is known--as the one only
_true_ obligation, that any, or all, contracts can have. And, so far as
it is known--it is held valid all over the world, except in those
exceptional cases, where arbitrary and tyrannical governments have
assumed to annul it, or substitute some other in its stead.
Public-domain text, read in full here on John Shaqi.
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