Complete Works. Lysander Spooner. Читать онлайн. Newlib. NEWLIB.NET

Автор: Lysander Spooner
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in spite of all their official dependence on, and responsibility to, the lawmakers, have sufficient respect for their personal characters, and the opinions of the world, to induce them to pay some regard to all those parts of the constitution that expressly require any rights of the people to be held inviolable.

      If the judicial tribunals cannot be expected to do justice, even in those cases where the constitution expressly commands them to do it, and where they have solemnly sworn to do it, it is plain that they have sunk to the lowest depths of servility and corruption, and can be expected to do nothing but serve the purposes of robbers and tyrants.

      But how futile have been all expectations of justice from the judiciary, may be seen in the conduct of the courts—and especially in that of the so-called Supreme Court of the United States—in regard to men’s natural right to make their own contracts.

      Although the State lawmakers have, more frequently than the national lawmakers, made laws in violation of men’s natural right to make their own contracts, yet all laws, State and national, having for their object the destruction of that right, have always, without a single exception, I think, received the sanction of the Supreme Court of the United States. And having been sanctioned by that court, they have been, as a matter of course, sanctioned by all the other courts, State and national. And this work has gone on, until, if these courts are to be believed, nothing at all is left of men’s natural right to make their own contracts.

      That such is the truth, I now propose to prove.

      And, first, as to the State governments.

      The constitution of the United States (Art. 1, Sec. 10) declares that:

      No State shall pass any law impairing the obligation of contracts.

      This provision does not designate what contracts have, and what have not, an “obligation.” But it clearly presupposes, implies, assumes, and asserts that there are contracts that have an “obligation.” Any State law, therefore, which declares that such contracts shall have no obligation, is plainly in conflict with this provision of the constitution of the United States.

      This provision, also, by implying that there are contracts, that have an “obligation,” necessarily implies that men have a right to enter into them; for if men had no right to enter into the contracts, the contracts themselves could have no “obligation.”

      This provision, then, of the constitution of the United States, not only implies that there are contracts that have an obligation, but it also implies that the people have the right to enter into all such contracts, and have the benefit of them. And “any” State “law,” conflicting with either of these implications, is necessarily unconstitutional and void.

      Furthermore, the language of this provision of the constitution, to wit, “the obligation [singular] of contracts” [plural], implies that there is one and the same “obligation” to all “contracts” whatsoever, that have any legal obligation at all. And there obviously must be some one principle, that gives validity to all contracts alike, that have any validity.

      The law, then, of this whole country, as established by the constitution of the United States, is, that all contracts whatsoever, in which this one principle of validity, or “obligation,” is found, shall be held valid; and that the States shall impose no restraint whatever upon the people’s entering into all such contracts.

      All, therefore, that courts have to do, in order to determine whether any particular contract, or class of contracts, are valid, and whether the people have a right to enter into them, is simply to determine whether the contracts themselves have, or have not, this one principle of validity, or “obligation,” which the constitution of the United States declares shall not be impaired.

      State legislation can obviously have nothing to do with the solution of this question. It can neither create, nor destroy, that “obligation of contracts,” which the constitution forbids it to impair. It can neither give, nor take away, the right to enter into any contract whatever, that has that “obligation.”

      On the supposition, then, that the constitution of the United States is, what it declares itself to be, viz., “the supreme law of the land, . . . . anything in the constitutions or laws of the States to the contrary notwithstanding,” this provision against “any” State “law impairing the obligation of contracts,” is so explicit, and so authoritative, that the legislatures and courts of the States have no color of authority for violating it. And the Supreme Court of the United States has had no color of authority or justification for suffering it to be violated.

      This provision is certainly one of the most important—perhaps the most important—of all the provisions of the constitution of the United States, as protective of the natural rights of the people to make their own contracts, or provide for their own welfare.

      Yet it has been constantly trampled under foot, by the State legislatures, by all manner of laws, declaring who may, and who may not, make certain contracts; and what shall, and what shall not, be “the obligation” of particular contracts; thus setting at defiance all ideas of justice, of natural rights, and equal rights; conferring monopolies and privileges upon particular individuals, and imposing the most arbitrary and destructive restraints and penalties upon others; all with a view of putting, as far as possible, all wealth into the hands of the few, and imposing poverty and servitude upon the great body of the people.

      And yet all these enormities have gone on for nearly a hundred years, and have been sanctioned, not only by all the State courts, but also by the Supreme Court of the United States.

      And what color of excuse have any of these courts offered for thus upholding all these violations of justice, of men’s natural rights, and even of that constitution which they had all sworn to support?

      They have offered only this: They have all said they did not know what “the obligation of contracts” was!

      Well, suppose, for the sake of the argument, that they have not known what “the obligation of contracts” was, what, then, was their duty? Plainly this, to neither enforce, nor annul, any contract whatever, until they should have discovered what “the obligation of contracts” was.

      Clearly they could have no right to either enforce, or annul, any contract whatever, until they should have ascertained whether it had any “obligation,” and, if any, what that “obligation” was.

      If these courts really do not know—as perhaps they do not—what “the obligation of contracts” is, they deserve nothing but contempt for their ignorance. If they do know what “the obligation of contracts” is, and yet sanction the almost literally innumerable laws that violate it, they deserve nothing but detestation for their villainy.

      And until they shall suspend all their judgments for either enforcing, or annulling, contracts, or, on the other hand, shall ascertain what “the obligation of contracts” is, and sweep away all State laws that impair it, they will deserve both contempt for their ignorance, and detestation for their crimes.

      Individual Justices of the Supreme Court of the United States have, at least in one instance, in 1827 (Ogden vs. Saunders, 12 Wheaton 213), attempted to give a definition of “the obligation of contracts.” But there was great disagreement among them; and no one definition secured the assent of the whole court, or even of a majority. Since then, so far as I know, that court has never attempted to give a definition. And, so far as the opinion of that court is concerned, the question is as unsettled now, as it was sixty years ago. And the opinions of the Supreme Courts of the States are equally unsettled with those of the Supreme Court of the United States. The consequence is, that “the obligation of contracts”—the principle on which the real validity, or invalidity, of all contracts whatsoever depends—is practically unknown, or at least unrecognized, by a single court, either of the States, or of the United States. And, as a result, every species of absurd, corrupt, and robber legislation goes on unrestrained, as it always has done.

      What, now, is the reason why not one of these courts has ever so far given its attention to the subject as to have discovered what “the obligation of contracts” is? What that principle is, I repeat, which they have all sworn to sustain, and