No Treason, Vol. VI.: The Constitution of No Authority — John Shaqi
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
On general principles of law and reason, the oaths which these pretended
agents of the people take "to support the Constitution," are of no
validity or obligation. And why? For this, if for no other reason, viz.,
_that they are given to nobody_. There is no privity (as the lawyers
say)--that is, no mutual recognition, consent, and agreement--between
those who take these oaths, and any other persons.
If I go upon Boston Common, and in the presence of a hundred thousand
people, men, women and children, with whom I have no contract on the
subject, take an oath that I will enforce upon them the laws of Moses,
of Lycurgus, of Solon, of Justinian, or of Alfred, that oath is, on
general principles of law and reason, of no obligation. It is of no
obligation, not merely because it is intrinsically a criminal one, _but
also because it is given to nobody_, and consequently pledges my faith
to nobody. It is merely given to the winds.
It would not alter the case at all to say that, among these hundred
thousand persons, in whose presence the oath was taken, there were two,
three, or five thousand male adults, who had _secretly_--by secret
ballot, and in a way to avoid making themselves _individually_ known to
me, or to the remainder of the hundred thousand--designated me as their
agent to rule, control, plunder, and, if need be, murder, these hundred
thousand people. The fact that they had designated me secretly, and in a
manner to prevent my knowing them individually, prevents all privity
between them and me; and consequently makes it impossible that there can
be any contract, or pledge of faith, on my part towards them; for it is
impossible that I can pledge my faith, in any legal sense, to a man whom
I neither know, nor have any means of knowing, individually.
So far as I am concerned, then, these two, three, or five thousand
persons are a secret band of robbers and murderers, who have secretly,
and in a way to save themselves from all responsibility for my acts,
designated me as their agent; and have, through some other agent, or
pretended agent, made their wishes known to me. But being, nevertheless,
individually unknown to me, and having no open, authentic contract with
me, my oath is, on general principles of law and reason, of no validity
as a pledge of faith to them. And being no pledge of faith to them, it
is no pledge of faith to anybody. It is mere idle wind. At most, it is
only a pledge of faith to an unknown band of robbers and murderers,
whose instrument for plundering and murdering other people, I thus
publicly confess myself to be. And it has no other obligation than a
similar oath given to any other unknown body of pirates, robbers, and
murderers.
For these reasons the oaths taken by members of Congress, "to support
the Constitution," are, on general principles of law and reason, of no
validity. They are not only criminal in themselves, and therefore void;
but they are also void for the further reason _that they are given to
nobody_.
Public-domain text, read in full here on John Shaqi.
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