BABYL OPTIONS:
Version: 5
Labels:
Note: This is the header of an rmail file.
Note: If you are seeing it in rmail,
Note: it means the file has no messages in it.
1,,
Return-Path: <uunet!decwrl.dec.com!argosy!kevin>
Received: from uunet.UUCP by world.std.com (4.1/SMI-4.0)
id AA22193; Tue, 19 Dec 89 14:49:12 EST
Received: from decwrl.dec.com by uunet.uu.net (5.61/1.14) with SMTP
id AA08393; Tue, 19 Dec 89 12:55:24 -0500
Received: by decwrl.dec.com; id AA27586; Tue, 19 Dec 89 09:55:19 -0800
Received: by argosy.MasPar.Com (5.57/Ultrix2.4-C)
id AA01089; Tue, 19 Dec 89 09:53:47 PST
Received: by locke.local (5.57/Ultrix2.0-B)
id AA12744; Tue, 19 Dec 89 09:53:14 PST
Date: Tue, 19 Dec 89 09:53:14 PST
From: uunet!decwrl.dec.com!argosy!kevin (Kevin S. Van Horn)
Message-Id: <
[email protected]>
To:
[email protected]
Subject: Spooner's _No_Treason_, section 7-10
*** EOOH ***
Return-Path: <uunet!decwrl.dec.com!argosy!kevin>
Date: Tue, 19 Dec 89 09:53:14 PST
From: uunet!decwrl.dec.com!argosy!kevin (Kevin S. Van Horn)
To:
[email protected]
Subject: Spooner's _No_Treason_, section 7-10
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.
If the people of this country wish to maintain such a government as the
Constitution describes, there is no reason in the world why they should
not sign the instrument itself, and thus make known their wishes in an
open, authentic manner; in such manner as the common sense and experience
of mankind have shown to be reasonable and necessary in such cases; AND
IN SUCH MANNER AS TO MAKE THEMSELVES (AS THEY OUGHT TO DO) INDIVIDUALLY
RESPONSIBLE FOR THE ACTS OF THE GOVERNMENT. But the people have never
been asked to sign it. And the only reason why they have never been asked
to sign it, has been that it has been known that they never would sign
it; that they were neither such fools nor knaves as they must needs have
been to be willing to sign it; that (at least as it has been practically
interpreted) it is not what any sensible and honest man wants for himself;
nor such as he has any right to impose upon others. It is, to all moral
intents and purposes, as destitute of obligations as the compacts which
robbers and thieves and pirates enter into with each other, but never sign.
If any considerable number of the people believe the Constitution to be
good, why do they not sign it themselves, and make laws for, and administer
them upon, each other; leaving all other persons (who do not interfere with
them) in peace? Until they have tried the experiment for themselves, how
can they have the face to impose the Constitution upon, or even to
recommend it to, others? Plainly the reason for absurd and inconsistent
conduct is that they want the Constitution, not solely for any honest or
legitimate use it can be of to themselves or others, but for the dishonest
and illegitimate power it gives them over the persons and properties of
others. But for this latter reason, all their eulogiums on the Constitution,
all their exhortations, and all their expenditures of money and blood to
sustain it, would be wanting.
VIII.
The Constitution itself, then, being of no authority, on what authority does
our government practically rest? On what ground can those who pretend to
administer it, claim the right to seize men's property, to restrain them of
their natural liberty of action, industry, and trade, and to kill all who
deny their authority to dispose of men's properties, liberties, and lives
at their pleasure or discretion?
The most they can say, in answer to this question, is, that some half,
two-thirds, or three-fourths, of the male adults of the country have a
TACIT UNDERSTANDING that they will maintain a government under the
Constitution; that they will select, by ballot, the persons to administer
it; and that those persons who may receive a majority, or a plurality, of
their ballots, shall act as their representatives, and administer the
Constitution in their name, and by their authority.
But this tacit understanding (admitting it to exist) cannot at all justify
the conclusion drawn from it. A tacit understanding between A, B, and C,
that they will, by ballot, depute D as their agent, to deprive me of my
property, liberty, or life, cannot at all authorize D to do so. He is
none the less a robber, tyrant, and murderer, because he claims to act as
their agent, than he would be if he avowedly acted on his own responsibility
alone.
Neither am I bound to recognize him as their agent, nor can he legitimately
claim to be their agent, when he brings no WRITTEN authority from them
accrediting him as such. I am under no obligation to take his word as to
who his principals may be, or whether he has any. Bringing no credentials,
I have a right to say he has no such authority even as he claims to have: and
that he is therefore intending to rob, enslave, or murder me on his own
account.
This tacit understanding, therefore, among the voters of the country, amounts
to nothing as an authority to their agents. Neither do the ballots by which
they select their agents, avail any more than does their tacit understanding;
for their ballots are given in secret, and therefore in such a way as to
avoid any personal responsibility for the acts of their agents.
No body of men can be said to authorize a man to act as their agent, to the
injury of a third person, unless they do it in so open and authentic a manner
as to make themselves personally responsible for his acts. None of the
voters in this country appoint their political agents in any open, authentic
manner, or in any manner to make themselves responsible for their acts.
Therefore these pretended agents cannot legitimately claim to be really
agents. Somebody must be responsible for the acts of these pretended agents;
and if they cannot show any open and authentic credentials from their
principals, they cannot, in law or reason, be said to have any principals.
The maxim applies here, that what does not appear, does not exist. If they
can show no principals, they have none.
But even these pretended agents do not themselves know who their pretended
principals are. These latter act in secret; for acting by secret ballot is
acting in secret as much as if they were to meet in secret conclave in the
darkness of the night. And they are personally as much unknown to the agents
they select, as they are to others. No pretended agent therefore can ever
know by whose ballots he is selected, or consequently who his real principles
are. Not knowing who his principles are, he has no right to say that he has
any. He can, at most, say only that he is the agent of a secret band of
robbers and murderers, who are bound by that faith which prevails among
confederates in crime, to stand by him, if his acts, done in their name,
shall be resisted.
Men honestly engaged in attempting to establish justice in the world, have
no occasion thus to act in secret; or to appoint agents to do acts for which
they (the principals) are not willing to be responsible.
The secret ballot makes a secret government; and a secret government is a
secret band of robbers and murderers. Open despotism is better than this.
The single despot stands out in the face of all men, and says: I am the State:
My will is law: I am your master: I take the responsibility of my acts: The
only arbiter I acknowledge is the sword: If anyone denies my right, let him
try conclusions with me.
But a secret government is little less than a government of assassins. Under
it, a man knows not who his tyrants are, until they have struck, and perhaps
not then. He may GUESS, beforehand, as to some of his immediate neighbors.
But he really knows nothing. The man to whom he would most naturally fly
for protection, may prove an enemy, when the time of trial comes.
This is the kind of government we have; and it is the only one we are likely
to have, until men are ready to say: We will consent to no Constitution,
except such an one as we are neither ashamed nor afraid to sign; and we will
authorize no government to do anything in our name which we are not willing
to be personally responsible for.
IX.
What is the motive to the secret ballot? This, and only this: Like other
confederates in crime, those who use it are not friends, but enemies; and
they are afraid to be known, and to have their individual doings known,
even to each other. They can contrive to bring about a sufficient
understanding to enable them to act in concert against other persons; but
beyond this they have no confidence, and no friendship, among themselves.
In fact, they are engaged quite as much in schemes for plundering each
other, as in plundering those who are not of them. And it is perfectly well
understood among them that the strongest party among them will, in certain
contingencies, murder each other by the hundreds of thousands (as they
lately did do) to accomplish their purposes against each other. Hence they
dare not be known, and have their individual doings known, even to each
other. And this is avowedly the only reason for the ballot: for a secret
government; a government by secret bands of robbers and murderers. And
we are insane enough to call this liberty! To be a member of this secret
band of robbers and murderers is esteemed a privilege and an honor! Without
this privilege, a man is considered a slave; but with it a free man! With
it he is considered a free man, because he has the same power to secretly
(by secret ballot) procure the robbery, enslavement, and murder of another
man, and that other man has to procure his robbery, enslavement, and murder.
And this they call equal rights!
If any number of men, many or few, claim the right to govern the people of
this country, let them make and sign an open compact with each other to do
so. Let them thus make themselves individually known to those whom they
propose to govern. And let them thus openly take the legitimate
responsibility of their acts. How many of those who now support the
Constitution, will ever do this? How many will ever dare openly proclaim
their right to govern? or take the legitimate responsibility of their acts?
Not one!
X.
It is obvious that, on general principles of law and reason, there exists
no such thing as a government created by, or resting upon, any consent,
compact, or agreement of "the people of the United States" with each other;
that the only visible, tangible, responsible government that exists, is that
of a few individuals only, who act in concert, and call themselves by the
several names of senators, representatives, presidents, judges, marshals,
treasurers, collectors, generals, colonels, captains, etc., etc.
On general principles of law and reason, it is of no importance whatever
that these few individuals profess to be the agents and representatives of
"the people of the United States"; since they can show no credentials from
the people themselves; they were never appointed as agents or representatives
in any open, authentic manner; they do not themselves know, and have no
means of knowing, and cannot prove, who their principals (as they call them)
are individually; and consequently cannot, in law or reason, be said to have
any principals at all.
It is obvious, too, that if these alleged principals ever did appoint these
pretended agents, or representatives, they appointed them secretly (by secret
ballot), and in a way to avoid all personal responsibility for their acts;
that, at most, these alleged principals put these pretended agents forward
for the most criminal purposes, viz.: to plunder the people of their
property, and restrain them of their liberty; and that the only authority
that these alleged principals have for so doing, is simply a TACIT
UNDERSTANDING among themselves that they will imprison, shoot, or hang every
man who resists the exactions and restraints which their agents or
representatives may impose upon them.
Thus it is obvious that the only visible, tangible government we have is
made up of these professed agents or representatives of a secret band of
robbers and murderers, who, to cover up, or gloss over, their robberies
and murders, have taken to themselves the title of "the people of the
United States"; and who, on the pretense of being "the people of the United
States," assert their right to subject to their dominion, and to control
and dispose of at their pleasure, all property and persons found in the
United States.
