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 foreigners
take, on coming here, and being "naturalized" (as it is called), are of
no validity. They are necessarily given to nobody; because there is no
open, authentic association, to which they can join themselves; or to
whom, as individuals, they can pledge their faith. No such association,
or organization, as "the people of the United States," having ever been
formed by any open, written, authentic, or voluntary contract, there is,
on general principles of law and reason, no such association, or
organization, in existence. And all oaths that purport to be given to
such an association are necessarily given only to the winds. They cannot
be said to be given to any man, or body of men, as individuals, because
no man, or body of men, can come forward _with any proof_ that the oaths
were given to them, as individuals, or to any association of which they
are members. To say that there is a tacit understanding among a portion
of the male adults of the country, that they will call themselves "the
people of the United States," and that they will act in concert in
subjecting the remainder of the people of the United States to their
dominion; but that they will keep themselves personally concealed by
doing all their acts secretly, is wholly insufficient, on general
principles of law and reason, to prove the existence of any such
association, or organization, as "the people of the United States"; or
consequently to prove that the oaths of foreigners were given to any
such association.
XIV.
On general principles of law and reason, all the oaths which, since the
war, have been given by Southern men, that they will obey the laws of
Congress, support the Union, and the like, are of no validity. Such
oaths are invalid, not only because they were extorted by military
power, and threats of confiscation, and because they are in
contravention of men's natural right to do as they please about
supporting the government, _but also because they were given to nobody_.
They were nominally given to "the United States." But being nominally
given to "the United States," they were necessarily given to nobody,
because, on general principles of law and reason, there were no "United
States," to whom the oaths could be given. That is to say, there was no
open, authentic, avowed, legitimate association, corporation, or body of
men, known as "the United States," or as "the people of the United
States," to whom the oaths could have been given. If anybody says there
was such a corporation, let him state who were the individuals that
composed it, and how and when they became a corporation. Were Mr. A, Mr.
B, and Mr. C members of it? If so, where are their signatures? Where the
evidence of their membership? Where the record? Where the open,
authentic proof? There is none. Therefore, in law and reason, there was
no such corporation.
Public-domain text, read in full here on John Shaqi.
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