The Unconstitutionality of SlaverySpooner, Lysander
Philosophy
The Unconstitutionality of Slavery
Spooner, Lysander
Slavery -- United States
On this principle, then--that mere will and power are competent to
establish the law that is to govern an act, without reference to the
justice or injustice of the act itself, the will and power of any single
individual to commit theft, would be sufficient to make theft lawful, as
lawful as is any other act of injustice, which the will and power of
communities, or large bodies of men, may be united to accomplish. And
judicial tribunals are as much bound to recognize, as lawful, any act of
injustice or crime, which the will and power of a single individual may
have succeeded in accomplishing, as they are to recognize as lawful any
act of injustice, which large and organized bodies of men, self-styled
governments, may accomplish.
But, perhaps it will be said that the soundness of this definition
depends upon the use of the word "state"--and that it therefore makes a
distinction between "the supreme power of _a state_," over a particular
act, and the power of an individual over the same act.
But this addition of the word "state," in reality leaves the definition
just where it would have been without it. For what is "a state?" It is
just what, and only what, the will and power of individuals may
arbitrarily establish.
There is nothing _fixed_ in the nature, character or boundaries of "a
state." Will and power may alter them at pleasure. The will and power of
Nicholas, and that will and power, which he has concentrated around, or
rather within himself, establishes all Russia, both in Europe and Asia,
as "a state." By the same rule, the will and power of the owner of an
acre of ground, may establish that acre as a state, and make his will
and power, for the time being, supreme and lawful within it.
The will and power, also, that established "a state" yesterday, may be
overcome to-day by an adverse will and power, that shall abolish that
state, and incorporate it into another, over which this latter will and
power shall to-day be "supreme." And this latter will and power may also
to-morrow be overcome by still another will and power mightier than
they.
"A state," then, is nothing fixed, permanent or certain in its nature.
It is simply the boundaries, within which any single combination or
concentration of will and power, are efficient, or irresistible, _for
the time being_.
Public-domain text, read in full here on John Shaqi.
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