No Treason, Vol. VI.: The Constitution of No AuthoritySpooner, Lysander
Philosophy
No Treason, Vol. VI.: The Constitution of No Authority
Spooner, Lysander
Constitutional law -- United States
The reason of the statute, on this point, is, that it is now so easy a
thing for men to put their contracts in writing, and sign them, and
their failure to do so opens the door to so much doubt, fraud, and
litigation, that men who neglect to have their contracts--of any
considerable importance--written and signed, ought not to have the
benefit of courts of justice to enforce them. And this reason is a wise
one; and that experience has confirmed its wisdom and necessity, is
demonstrated by the fact that it has been acted upon in England for
nearly two hundred years, and has been so nearly universally adopted in
this country, and that nobody thinks of repealing it.
We all know, too, how careful most men are to have their contracts
written and signed, even when this statute does not require it. For
example, most men, if they have money due them, of no larger amount than
five or ten dollars, are careful to take a note for it. If they buy even
a small bill of goods, paying for it at the time of delivery, they take
a receipted bill for it. If they pay a small balance of a book account,
or any other small debt previously contracted, they take a written
receipt for it.
Furthermore, the law everywhere (probably) in our country, as well as in
England, requires that a large class of contracts, such as wills, deeds,
etc., shall not only be written and signed, but also sealed, witnessed,
and acknowledged. And in the case of married women conveying their
rights in real estate, the law, in many States, requires that the women
shall be examined separate and apart from their husbands, and declare
that they sign their contracts free of any fear or compulsion of their
husbands.
Such are some of the precautions which the laws require, and which
individuals--from motives of common prudence, even in cases not required
by law--take, to put their contracts in writing, and have them signed,
and, to guard against all uncertainties and controversies in regard to
their meaning and validity. And yet we have what purports, or professes,
or is claimed, to be a contract--the Constitution--made eighty years
ago, by men who are now all dead, and who never had any power to bind
_us_, but which (it is claimed) has nevertheless bound three generations
of men, consisting of many millions, and which (it is claimed) will be
binding upon all the millions that are to come; but which nobody ever
signed, sealed, delivered, witnessed, or acknowledged; and which few
persons, compared with the whole number that are claimed to be bound by
it, have ever read, or even seen, or ever will read, or see. And of
those who ever have read it, or ever will read it, scarcely any two,
perhaps no two, have ever agreed, or ever will agree, as to what it
means.
Public-domain text, read in full here on John Shaqi.
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