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 say that it must be presumed that the parties intended to make their
contracts according to such laws as may be prescribed to them--or, what
is the same thing, to make the laws a part of their contracts--is
equivalent to saying that the parties must be presumed to have given up
all their natural right to make their own contracts; to have
acknowledged themselves imbeciles, incompetent to make reasonable
contracts, and to have authorized the lawmakers to make their contracts
for them; for if the lawmakers can make any part of a man's contract,
and presume his consent to it, they can make a whole one, and presume
his consent to it.
If the lawmakers can make any part of men's contracts, they can make the
whole of them; and can, therefore, buy and sell, borrow and lend, give
and receive men's property of all kinds, according to their (the
lawmakers') own will, pleasure, or discretion; without the consent of
the real owners of the property, and even without their knowledge, until
it is too late. In short, they may take any man's property, and give it,
or sell it, to whom they please, and on such conditions, and at such
prices, as they please; without any regard to the rights of the owner.
They may, in fact, at their pleasure, strip any, or every, man of his
property, and bestow it upon whom they will; and then justify the act
upon the presumption that the owner consented to have his property thus
taken from him and given to others.
This absurd, contemptible, and detestable trick has had a long lease of
life, and has been used as a cover for some of the greatest of crimes.
By means of it, the marriage contract has been perverted into a
contract, on the part of the woman, to make herself a legal non-entity,
or _non compos mentis_; to give up, to her husband, all her personal
property, and the control of all her real estate; and to part with her
natural, inherent, inalienable right, as a human being, to direct her
own labor, control her own earnings, make her own contracts, and provide
for the subsistence of herself and her children.
There would be just as much reason in saying that the lawmakers have a
right to make the entire marriage contract; to marry any man and woman
against their will; dispose of all their personal and property rights;
declare them imbeciles, incapable of making a reasonable marriage
contract; then presume the consent of both the parties; and finally
treat them as criminals, and their children as outcasts, if they presume
to make any contract of their own.
This same trick, of holding that the law is a part of the contract, has
been made to protect the private property of stockholders from liability
for the debts of the corporations, of which they were members; and to
protect the private property of special partners, so-called, or limited
partners, from liability for partnership debts.
Public-domain text, read in full here on John Shaqi.
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