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
The mental capacity of a person to make reasonable contracts, is the
only criterion, by which to determine his legal capacity to make
obligatory contracts. And his mental capacity to make reasonable
contracts is certainly not to be determined by the fact that he is, or
is not, twenty-one years of age. There would be just as much sense in
saying that it was to be determined by his height or his weight, as
there is in saying that it should be determined by his age.
Nearly all persons, male and female, are mentally competent to make
reasonable contracts, long before they are twenty-one years of age. And
as soon as they are mentally competent to make reasonable contracts,
they have the same natural right to make them, that they ever can have.
And their contracts have the same natural "obligation" that they ever
can have.
If a person's mental capacity to make reasonable contracts be drawn in
question, that is a question of fact, to be ascertained by the same
tribunal that is to ascertain all the other facts involved in the case.
It certainly is not to be determined by any arbitrary legislation, that
shall deprive any one of his natural right to make contracts.
2. All the State laws, that do now forbid, or that have heretofore
forbidden married women to make any or all contracts, that they are, or
were, mentally competent to make reasonably, are violations of their
natural right to make their own contracts.
A married woman has the same natural right to acquire and hold property,
and to make all contracts that she is mentally competent to make
reasonably, as has a married man, or any other man. And any law
invalidating her contracts, or forbidding her to enter into contracts,
on the ground of her being married, are not only absurd and outrageous
in themselves, but are also as plainly violations of that provision of
the constitution, which forbids any State to pass any law impairing the
natural obligation of contracts, as would be laws invalidating or
prohibiting similar contracts by married men.
3. All those State laws, commonly called acts of incorporation, by which
a certain number of persons are licensed to contract debts, without
having their individual properties held liable to pay them, are laws
impairing the natural obligation of their contracts.
On natural principles of law and reason, these persons are simply
partners; and their private properties, like those of any other
partners, should be held liable for their partnership debts. Like any
other partners, they take the profits of their business, if there be any
profits. And they are naturally bound to take all the risks of their
business, as in the case of any other business. For a law to say that,
if they make any profits, they may put them all into their own pockets,
but that, if they make a loss, they may throw it upon their creditors,
is an absurdity and an outrage. Such a law is plainly a law impairing
the natural obligation of their contracts.
Public-domain text, read in full here on John Shaqi.
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