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, every corporation, association,
or organized body of men, having a legitimate corporate existence, and
legitimate corporate rights, must consist of certain known individuals,
who can prove, by legitimate and reasonable evidence, their membership.
But nothing of this kind can be proved in regard to the corporation, or
body of men, who call themselves "the United States." Not a man of them,
in all the Northern States, can prove by any legitimate evidence, such
as is required to prove membership in other legal corporations, that he
himself, or any other man whom he can name, is a member of any
corporation or association called "the United States," or "the people of
the United States," or, consequently, that there is any such
corporation. And since no such corporation can be proved to exist, it
cannot of course be proved that the oaths of Southern men were given to
any such corporation. The most that can be claimed is that the oaths
were given to a secret band of robbers and murderers, who called
themselves "the United States," and extorted those oaths. But that
certainly is not enough to prove that the oaths are of any obligation.
XV.
On general principles of law and reason, the oaths of soldiers, that
they will serve a given number of years, that they will obey the orders
of their superior officers, that they will bear true allegiance to the
government, and so forth, are of no obligation. Independently of the
criminality of an oath, that, for a given number of years, he will kill
all whom he may be commanded to kill, without exercising his own
judgment or conscience as to the justice or necessity of such killing,
there is this further reason why a soldier's oath is of no obligation,
viz., that, like all the other oaths that have now been mentioned, _it
is given to nobody_. There being, in no legitimate sense, any such
corporation, or nation, as "the United States," nor, consequently, in
any legitimate sense, any such government as "the government of the
United States," a soldier's oath given to, or contract made with, such
nation or government, is necessarily an oath given to, or a contract
made with, nobody. Consequently such oath or contract can be of no
obligation.
XVI.
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