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
1. They say that, if a law forbids any particular contract to be made,
such contract, being then an illegal one, can have no "obligation."
Consequently, say they, the law cannot be said to impair it; because the
law cannot impair an "obligation," that has never had an existence.
They say this of all contracts, that are arbitrarily forbidden;
although, naturally and intrinsically, they have as valid an obligation
as any others that men ever enter into, or as any that courts enforce.
By such a naked trick as this, these courts not only strike down men's
natural right to make their own contracts, but even seek to evade that
provision of the constitution, which they are all sworn to support, and
which commands them to hold valid the _natural_ "obligation" of all
men's contracts; "anything in the constitutions or laws of the States to
the contrary notwithstanding."
They might as well have said that, if the constitution had declared that
"no State shall pass any law impairing any man's natural right to life,
liberty, or property"--(that is, his _natural_ right to live, and do
what he will with himself and his property, so long as he infringes the
right of no other person)--this prohibition could be evaded by a State
law declaring that, from and after such a date, no person should have
any natural right to life, liberty, or property; and that, therefore, a
law arbitrarily taking from a man his life, liberty, and property, could
not be said to impair his right to them, because no law could impair a
right that did not exist.
The answer to such an argument as this, would be, that it is a natural
truth that every man, who ever has been, or ever will be, born into the
world, _necessarily has been, and necessarily will be, born with an
inherent right to life, liberty, and property_; and that, in forbidding
this right to be impaired, _the constitution presupposes, implies,
assumes, and asserts that every man has, and will have, such a right_;
and that this _natural_ right is the very right, which the constitution
forbids any State law to impair.
Or the courts might as well have said that, if the constitution had
declared that "no State shall pass any law impairing the obligation of
contracts made for the purchase of food," that provision could have been
evaded by a State law forbidding any contract to be made for the
purchase of food; and then saying that such contract, being illegal,
could have no "obligation," that could be impaired.
The answer to this argument would be that, by forbidding any State law
impairing the obligation of contracts made for the purchase of food, the
constitution presupposes, implies, assumes, and asserts that such
contracts have, and always will have, a _natural_ "obligation"; and
that this _natural_ "obligation" is the very "obligation," which the
constitution forbids any State law to impair.
Public-domain text, read in full here on John Shaqi.
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