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 make any contract binding, obligatory, and effectual for conveying
and transferring rights of property, these three conditions only are
essential, _viz._, 1. That it be entered into by parties, who are
mentally competent to make reasonable contracts. 2. That the contract be
a purely voluntary one: that is, that it be entered into without either
force or fraud on either side. 3. That the right of property, which the
contract purports to convey, be such an one as is naturally capable of
being conveyed, or transferred, by one man to another.
Subject to these conditions, all contracts whatsoever, for conveying
rights of property--that is, for buying and selling, borrowing and
lending, giving and receiving property--are naturally obligatory, and
bind such rights of property as they purport to convey.
Subject to these conditions, all contracts, for the conveyance of rights
of property, are recognized as valid, all over the world, by both
civilized and savage man, except in those particular cases where
governments arbitrarily and tyrannically prohibit, alter, or invalidate
them.
This _natural_ "obligation of contracts" must necessarily be presumed to
be the one, and the only one, which the constitution forbids to be
impaired, by any State law whatever, if we are to presume that the
constitution was intended for the maintenance of justice, or men's
natural rights.
On the other hand, if the constitution be presumed not to protect this
_natural_ "obligation of contracts," we know not _what_ other
"obligation" it did intend to protect. It mentions no other, describes
no other, gives us no hint of any other; and nobody can give us the
least information as to what other "obligation of contracts" was
intended.
It could not have been any "obligation" which the _State_ lawmakers
might arbitrarily create, and annex to _all_ contracts; for this is what
no lawmakers have ever attempted to do. And it would be the height of
absurdity to suppose they ever will invent any _one_ "obligation," and
attach it to _all_ contracts. They have only attempted either to annul,
or impair, the natural "obligation" of _particular_ contracts; or, _in
particular cases_, to substitute other "obligations" of their own
invention. And this is the most they will ever attempt to do.
SECTION XIX.
Assuming it now to be proved that the "obligation of contracts," which
the States are forbidden to "impair," is the _natural_ "obligation"; and
that, _constitutionally speaking_, this provision secures to all the
people of the United States the right to enter into, and have the
benefit of, all contracts whatsoever, that have that _one natural_
"obligation," let us look at some of the more important of those State
laws that have either impaired that obligation or prohibited the
exercise of that right.
1. That law, in all the States, by which any, or all, the contracts of
persons, under twenty-one years of age, are either invalidated, or
forbidden to be entered into.
Public-domain text, read in full here on John Shaqi.
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