Part 2

These voters, having given their votes in secret (by secret ballot), have put it out of your power--and out of the power of all others associated with you in the government--to designate your principals _individually_. That is to say, you have no legal knowledge as to who voted for you, or who voted against you. And being unable to designate your principals _individually_, you have no right to say that you have any principals. And having no right to say that you have any principals, you are bound, on every just principle of law or reason, to confess that you are mere usurpers, making laws, and enforcing them, upon your own authority alone.

A secret ballot makes a secret government; and a secret government is nothing else than a government by conspiracy. And a government by conspiracy is the only government we now have.

You say that "_every voter exercises a public trust_."

Who appointed him to that trust? Nobody. He simply usurped the power; he never accepted the trust. And because he usurped the power, he dares exercise it only in secret. Not one of all the ten millions of voters, who helped to place you in power, would have dared to do so, if he had known that he was to be held personally responsible, before any just tribunal, for the acts of those for whom he voted.

Inasmuch as all the votes, given for you and your lawmakers, were given in secret, all that you and they can say, in support of your authority as rulers, is that you venture upon your acts as lawmakers, etc., not because you have any open, authentic, written, legitimate authority granted you by any human being,--for you can show nothing of the kind,--but only because, from certain reports made to you of votes given in secret, you have reason to believe that you have at your backs a secret association strong enough to sustain you by force, in case your authority should be resisted.

Is there a government on earth that rests upon a more false, absurd, or tyrannical basis than that?

SECTION VII.

But the falsehood and absurdity of your whole system of government do not result solely from the fact that it rests wholly upon votes given in secret, or by men who take care to avoid all personal responsibility for their own acts, or the acts of their agents. On the contrary, if every man, woman, and child in the United States had openly signed, sealed, and delivered to you and your associates, a written document, purporting to invest you with all the legislative, judicial, and executive powers that you now exercise, they would not thereby have given you the slightest legitimate authority. Such a contract, purporting to surrender into your hands all their natural rights of person and property, to be disposed of at your pleasure or discretion, would have been simply an absurd and void contract, giving you no real authority whatever.

It is a natural impossibility for any man to make a _binding_ contract, by which he shall surrender to others a single one of what are commonly called his "natural, inherent, _inalienable_ rights."

It is a natural impossibility for any man to make a _binding_ contract, that shall invest others with any right whatever of arbitrary, irresponsible dominion over him.

The right of arbitrary, irresponsible dominion is the right of property; and the right of property is the right of arbitrary, irresponsible dominion. The two are identical. There is no difference between them. Neither can exist without the other. If, therefore, our so-called lawmakers really have that right of arbitrary, irresponsible dominion over us, which they claim to have, and which they habitually exercise, it must be because they own us as property. If they own us as property, it must be because nature made us their property; for, as no man can sell himself as a slave, we could never make a binding contract that should make us their property--or, what is the same thing, give them any right of arbitrary, irresponsible dominion over us.

As a lawyer, you certainly ought to know that all this is true.

SECTION VIII.

Sir, consider, for a moment, what an utterly false, absurd, ridiculous, and criminal government we now have.

It all rests upon the false, ridiculous, and utterly groundless assumption, that fifty millions of people not only could voluntarily surrender, but actually have voluntarily surrendered, all their natural rights, as human beings, into the custody of some four hundred men, called lawmakers, judges, etc., who are to be held utterly irresponsible for the disposal they may make of them.[2]

[2] The irresponsibility of the senators and representatives is guaranteed to them in this wise:

For any speech or debate [or vote] in either house, they [the senators and representatives] shall not be questioned [held to any legal responsibility] in any other place.--_Constitution, Art. 1, Sec. 6._

The judicial and executive officers are all equally guaranteed against all responsibility _to the people_. They are made responsible only to the senators and representatives, whose laws they are to administer and execute. So long as they sanction and execute all these laws, to the satisfaction of the lawmakers, they are safe against all responsibility. _In no case can the people, whose rights they are continually denying and trampling upon, hold them to any accountability whatever._

Thus it will be seen that all departments of the government, legislative, judicial, and executive, are placed entirely beyond any responsibility _to the people_, whose agents they profess to be, and whose rights they assume to dispose of at pleasure.

Was a more absolute, irresponsible government than that ever invented?

The only right, which any individual is supposed to retain, or possess, under the government, _is a purely fictitious one,--one that nature never gave him,_--to wit, his right (so-called), as one of some ten millions of male adults, to give away, by his vote, not only all his own natural, inherent, inalienable, human rights, but also all the natural, inherent, inalienable, human rights of forty millions of other human beings--that is, women and children.

To suppose that any one of all these ten millions of male adults would voluntarily surrender a single one of all his natural, inherent, inalienable, human rights into the hands of irresponsible men, is an absurdity; because, first, he has no power to do so, any contract he may make for that purpose being absurd, and necessarily void; and, secondly, because he can have no rational motive for doing so. To suppose him to do so, is to suppose him to be an idiot, incapable of making any rational and obligatory contract. It is to suppose he would voluntarily give away everything in life that was of value to himself, and get nothing in return. To suppose that he would attempt to give away all the natural rights _of other persons_--that is, the women and children--as well as his own, is to suppose him to attempt to do something that he has no right, or power, to do. It is to suppose him to be both a villain and a fool.

And yet this government now rests wholly upon the assumption that some ten millions of male adults--men supposed to be _compos mentis_--have not only attempted to do, but have actually succeeded in doing, these absurd and impossible things.

It cannot be said that men put all their rights into the hands of the government, in order to have them protected; because there can be no such thing as a man's being protected in his rights, _any longer than he is allowed to retain them in his own possession_. The only possible way, in which any man can be protected in his rights, _is to protect him in his own actual possession and exercise of them_. And yet our government is absurd enough to assume that a man can be protected in his rights, after he has surrendered them altogether into other hands than his own.

This is just as absurd as it would be to assume that a man had given himself away as a slave, in order to be protected in the enjoyment of his liberty.

A man wants his rights protected, solely that he himself may possess and use them, and have the full benefit of them. But if he is compelled to give them up to somebody else,--to a government, so-called, or to any body else,--he ceases to have any rights of his own to be protected.

To say, as the advocates of our government do, that a man must give up _some_ of his natural rights, to a government, in order to have the rest of them protected--the government being all the while the sole and irresponsible judge as to what rights he does give up, and what he retains, and what are to be protected--is to say that he gives up all the rights that the government chooses, _at any time_, to assume that he has given up; and that he retains none, and is to be protected in none, except such as the government shall, _at all times_, see fit to protect, and to permit him to retain. This is to suppose that he has retained no rights at all, that he can, _at any time_, claim as his own, _as against the government_. It is to say that he has really given up every right, and reserved none.

For a still further reason, it is absurd to say that a man must give up _some_ of his rights to a government, in order that government may protect him in the rest. That reason is, that every right he gives up diminishes his own power of self-protection, and makes it so much more difficult for the government to protect him. And yet our government says a man must give up _all_ his rights, in order that it may protect him. It might just as well be said that a man must consent to be bound hand and foot, in order to enable a government, or his friends, to protect him against an enemy. Leave him in full possession of his limbs, and of all his powers, and he will do more for his own protection than he otherwise could, and will have less need of protection from a government, or any other source.

Finally, if a man, who is _compos mentis_, wants any outside protection for his rights, he is perfectly competent to make his own bargain for such as he desires; and other persons have no occasion to thrust their protection upon him, against his will; or to insist, as they now do, that he shall give up all, or any, of his rights to them, in consideration of such protection, and only such protection, as they may afterwards _choose_ to give him.

It is especially noticeable that those persons, who are so impatient to protect other men in their rights that they cannot wait until they are requested to do so, have a somewhat inveterate habit of killing all who do not voluntarily accept their protection; or do not consent to give up to them all their rights in exchange for it.

If A were to go to B, a merchant, and say to him, "Sir, I am a night-watchman, and I insist upon your employing me as such in protecting your property against burglars; and to enable me to do so more effectually, I insist upon your letting me tie your own hands and feet, so that you cannot interfere with me; and also upon your delivering up to me all your keys to your store, your safe, and to all your valuables; and that you authorize me to act solely and fully according to my own will, pleasure, and discretion in the matter; and I demand still further, that you shall give me an absolute guaranty that you will not hold me to any accountability whatever for anything I may do, or for anything that may happen to your goods while they are under my protection; and unless you comply with this proposal, I will now kill you on the spot,"--if A were to say all this to B, B would naturally conclude that A himself was the most impudent and dangerous burglar that he (B) had to fear; and that if he (B) wished to secure his property against burglars, his best way would be to kill A in the first place, and then take his chances against all such other burglars as might come afterwards.

Our government constantly acts the part that is here supposed to be acted by A. And it is just as impudent a scoundrel as A is here supposed to be. It insists that every man shall give up all his rights unreservedly into its custody, and then hold it wholly irresponsible for any disposal it may make of them. And it gives him no alternative but death.

If by putting a bayonet to a man's breast, and giving him his choice, to die, or be "protected in his rights," it secures his consent to the latter alternative, it then proclaims itself a free government,--a government resting on consent!

You yourself describe such a government as "the best government ever vouchsafed to man."

Can you tell me of one that is worse in principle?

But perhaps you will say that ours is not so bad, in principle, as the others, for the reason that here, once in two, four, or six years, each male adult is permitted to have one vote in ten millions, in choosing the public protectors. Well, if you think that that materially alters the case, I wish you joy of your remarkable discernment.

SECTION IX.

Sir, if a government is to "do equal and exact justice to all men," _it must do simply that, and nothing more_. If it does more than that to any,--that is, if it gives monopolies, privileges, exemptions, bounties, or favors to any,--it can do so only by doing injustice to more or less others. _It can give to one only what it takes from others; for it has nothing of its own to give to any one._ The best that it can do for all, and the only honest thing it can do for any, is simply to secure to each and every one his own rights,--the rights that nature gave him,--his rights of person, and his rights of property; leaving him, then, to pursue his own interests, and secure his own welfare, by the free and full exercise of his own powers of body and mind; so long as he trespasses upon the equal rights of no other person.

If he desires any favors from any body, he must, I repeat, depend upon the voluntary kindness of such of his fellow men as may be willing to grant them. No government can have any right to grant them; because no government can have a right to take from one man any thing that is his, and give it to another.

If this be the only true idea of an honest government, it is plain that it can have nothing to do with men's "interests," "welfare," or "prosperity," _as distinguished from their "rights."_ Being secured in their rights, each and all must take the sole charge of, and have the sole responsibility for, their own "interests," "welfare," and "prosperity."

By simply protecting every man in his rights, a government necessarily keeps open to every one the widest possible field, that he honestly can have, for such industry as he may choose to follow. It also insures him the widest possible field for obtaining such capital as he needs for his industry, and the widest possible markets for the products of his labor. With the possession of these rights, he must be content.

No honest government can go into business with any individuals, be they many, or few. It cannot furnish capital to any, nor prohibit the loaning of capital to any. It can give to no one any special aid to competition; nor protect any one from competition. It must adhere inflexibly to the principle of entire freedom for all honest industry, and all honest traffic. It can do to no one any favor, nor render to any one any assistance, which it withholds from another. It must hold the scales impartially between them; taking no cognizance of any man's "interests," "welfare," or "prosperity," otherwise than by simply protecting him in his "_rights_."

In opposition to this view, lawmakers profess to have weighty duties laid upon them, to promote men's "interests," "welfare," and "prosperity," _as distinguished from their "rights."_ They seldom have any thing to say about men's "_rights_." On the contrary, they take it for granted that they are charged with the duty of promoting, superintending, directing, and controlling the "business" of the country. In the performance of this supposed duty, all ideas of individual "_rights_" are cast aside. Not knowing any way--because there is no way--in which they can impartially promote all men's "interests," "welfare," and "prosperity," _otherwise than by protecting impartially all men's rights_, they boldly proclaim that "_individual rights must not be permitted to stand in the way of the public good, the public welfare, and the business interests of the country_."

Substantially all their lawmaking proceeds upon this theory; for there is no other theory, on which they can find any justification whatever for any lawmaking at all. So they proceed to give monopolies, privileges, bounties, grants, loans, etc., etc., to particular persons, or classes of persons; justifying themselves by saying that these privileged persons will "give employment" to the unprivileged; and that this employment, given by the privileged to the unprivileged, will compensate the latter for the loss of their "_rights_." And they carry on their lawmaking of this kind to the greatest extent they think is possible, without causing rebellion and revolution, on the part of the injured classes.

Sir, I am sorry to see that you adopt this lawmaking theory to its fullest extent; that although, for once only, and in a dozen words only,--and then merely incidentally,--you describe the government as "a government pledged to do equal and exact justice to all men," you show, throughout the rest of your address, that you have no thought of abiding by that principle; that you are either utterly ignorant, or utterly regardless, of what that principle requires of you; that the government, so far as your influence goes, is to be given up to the business of lawmaking,--that is, to the business of abolishing justice, and establishing injustice in its place; that you hold it to be the proper duty and function of the government to be constantly looking after men's "interests," "welfare," "prosperity," etc., etc., _as distinguished from their rights_; that it must consider men's "rights" as no guide to the promotion of their "interests"; that it must give favors to some, and withhold the same favors from others; that in order to give these favors to some, it must take from others their _rights_; that, in reality, it must traffic in both men's interests and their rights; that it must keep open shop, and sell men's interests and rights to the highest bidders; and that this is your only plan for promoting "the general welfare," "the common interest," etc., etc.

That such is your idea of the constitutional duties and functions of the government, is shown by different parts of your address: but more fully, perhaps, by this:

The large variety of diverse and _competing interests_ subject to _federal control, persistently seeking recognition of their claims_, need give us no fear that the greatest good of the greatest number will fail to be accomplished, if, _in the halls of national legislation_, that spirit of amity and mutual concession shall prevail, in which the constitution had its birth. If this involves the _surrender_ or _postponement_ of _private interests_, and the _abandonment_ of _local advantages_, compensation will be found in the assurance that thus the _common interest_ is subserved, and _the general welfare_ advanced.

What is all this but saying that the government is not at all an institution for "doing equal and exact justice to all men," or for the impartial protection of all men's _rights_; but that it is its proper business to take sides, for and against, a "large variety of diverse and _competing interests_"; that it has this "large variety of diverse and _competing interests_" under its arbitrary "_control_"; that it can, at its pleasure, make such laws as will give success to some of them, and insure the defeat of others; that these "various, diverse, and _competing interests_" will be "_persistently seeking recognition of their claims_ ... in _the halls of national legislation_,"--that is, will be "persistently" clamoring for laws to be made in their favor; that, in fact, "the halls of national legislation" are to be mere arenas, into which the government actually invites the advocates and representatives of all the selfish schemes of avarice and ambition that unprincipled men can devise; that these schemes will there be free to "_compete_" with each other in their corrupt offers for government favor and support; and that it is to be the proper and ordinary business of the lawmakers to listen to all these schemes; to adopt some of them, and sustain them with all the money and power of the government; and to "postpone," "abandon," oppose, and defeat all others; it being well known, all the while, that the lawmakers will, _individually_, favor, or oppose, these various schemes, according to their own irresponsible will, pleasure, and discretion,--that is, according as they can better serve their own personal interests and ambitions by doing the one or the other.

Was a more thorough scheme of national villainy ever invented?

Sir, do you not know that in this conflict, between these "various, diverse, and _competing interests_," all ideas of individual "_rights_"--all ideas of "equal and exact justice to all men"--will be cast to the winds; that the boldest, the strongest, the most fraudulent, the most rapacious, and the most corrupt, men will have control of the government, and make it a mere instrument for plundering the great body of the people?

Your idea of the real character of the government is plainly this: The lawmakers are to assume absolute and irresponsible "_control_" of all the financial resources, all the legislative, judicial, and executive powers, of the government, and employ them all for the promotion of such schemes of plunder and ambition as they may select from all those that may be submitted to them for their approval; that they are to keep "the halls of national legislation" wide open for the admission of all persons having such schemes to offer; and that they are to grant monopolies, privileges, loans, and bounties to all such of these schemes as they can make subserve their own individual interests and ambitions, and reject or "postpone" all others. And that there is to be no limit to their operations of this kind, except their fear of exciting rebellion and resistance on the part of the plundered classes.

And you are just fool enough to tell us that such a government as this may be relied on to "accomplish the greatest good to the greatest number," "to subserve the common interest," and "advance the general welfare," "if," only, "in the halls of national legislation, that spirit of amity and mutual concession shall prevail, in which the constitution had its birth."

You here assume that "the general welfare" is to depend, not upon the free and untrammelled enterprise and industry of the whole people, acting individually, and each enjoying and exercising all his natural rights; but wholly or principally upon the success of such particular schemes as the government may take under its special "control." And this means that "the general welfare" is to depend, wholly or principally, upon such privileges, monopolies, loans, and bounties as the government may grant to more or less of that "large variety of diverse and competing _interests_"--that is, schemes--that may be "persistently" pressed upon its attention.

But as you impliedly acknowledge that the government cannot take all these "interests" (schemes) under its "control," and bestow its favors upon all alike, you concede that some of them must be "surrendered," "postponed," or "abandoned"; and that, consequently, the government cannot get on at all, unless, "in the halls of national legislation, that spirit of amity and mutual concession shall prevail, in which the constitution had its birth."