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
For still another reason they are neither our servants, agents,
attorneys, nor representatives. And that reason is, that we do not make
ourselves responsible for their acts. If a man is my servant, agent, or
attorney, I necessarily make myself responsible for all his acts done
within the limits of the power I have intrusted to him. If I have
intrusted him, as my agent, with either absolute power, or any power at
all, over the persons or properties of other men than myself, I thereby
necessarily make myself responsible to those other persons for any
injuries he may do them, so long as he acts within the limits of the
power I have granted him. But no individual who may be injured in his
person or property, by acts of Congress, can come to the individual
electors, and hold them responsible for these acts of their so-called
agents or representatives. This fact proves that these pretended agents
of the people, of everybody, are really the agents of nobody.
If, then, nobody is individually responsible for the acts of Congress,
the members of Congress are nobody's agents. And if they are nobody's
agents, they are themselves individually responsible for their own acts,
and for the acts of all whom they employ. And the authority they are
exercising is simply their own individual authority; and, by the law of
nature--the highest of all laws--anybody injured by their acts, anybody
who is deprived by them of his property or his liberty, has the same
right to hold them individually responsible, that he has to hold any
other trespasser individually responsible. He has the same right to
resist them, and their agents, that he has to resist any other
trespassers.
VII.
It is plain, then, that on general principles of law and reason--such
principles as we all act upon in courts of justice and in common
life--the Constitution is no contract; that it binds nobody, and never
did bind anybody; and that all those who pretend to act by its
authority, are really acting without any legitimate authority at all;
that, on general principles of law and reason, they are mere usurpers,
and that everybody not only has the right, but is morally bound, to
treat them as such.
Public-domain text, read in full here on John Shaqi.
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