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
This same trick has been employed to justify insolvent and bankrupt
laws, so-called, whereby a first creditor's right to a first mortgage on
the property of his debtor, has been taken from him, and he has been
compelled to take his chances with as many subsequent creditors as the
debtor may succeed in becoming indebted to
All these absurdities and atrocities have been practiced by the
lawmakers of the States, and sustained by the courts, under the pretence
that they (the courts) did not know what the natural "obligation of
contracts" was; or that, if they did know what it was, the constitution
of the United States imposed no restraint upon its unlimited violation
by the State lawmakers.
SECTION XX.
But, not content with having always sanctioned the unlimited power of
the _State_ lawmakers to abolish all men's natural right to make their
own contracts, the Supreme Court of the United States has, within the
last twenty years, taken pains to assert that congress also has the
arbitrary power to abolish the same right.
1. It has asserted the arbitrary power of congress to abolish all men's
right to make their own contracts, by asserting its power _to alter the
meaning of all contracts, after they are made_, so as to make them
widely, or wholly, different from what the parties had made them.
Thus the court has said that, after a man has made a contract to pay a
certain number of dollars, at a future time,--_meaning such dollars as
were current at the time the contract was made_,--congress has power to
coin a dollar of less value than the one agreed on, and authorize the
debtor to pay his debt with a dollar of less value than the one he had
promised.
To cover up this infamous crime, the court asserts, over and over
again,--what no one denies,--that congress has power (constitutionally
speaking) to alter, at pleasure, the value of its coins. But it then
asserts that congress has this additional, and wholly different, power,
to wit, the power to declare that this alteration in the value of the
coins _shall work a corresponding change in all existing contracts for
the payment of money_.
In reality they say that a contract to pay money is not a contract to
pay any particular amount, or value, of such money as was known and
understood by the parties at the time the contract was made, but _only
such, and so much, as congress shall afterwards choose to call by that
name, when the debt shall become due_.
They assert that, by simply retaining the name, while altering the
thing,--_or by simply giving an old name to a new thing_,--congress has
power to utterly abolish the contract which the parties themselves
entered into, and substitute for it any such new and different one, as
they (congress) may choose to substitute.
Here are their own words:
Public-domain text, read in full here on John Shaqi.
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