When a man parts with any considerable amount of such material property as he has a natural right to part with—as, for example, houses, or lands, or food, or clothing, or anything else of much value—he usually gives, and the purchaser usually demands, some written acknowledgment, receipt, bill of sale, or other evidence, that will prove that he voluntarily parted with it, and that the purchaser is now the real and true owner of it. But you hold that fifty millions of people have voluntarily parted, not only with their natural right of dominion over all their material property, but also with all their natural right of dominion over their own souls and bodies; when not one of them has ever given you a scrap of writing, or even "made his mark," to that effect.
You have not so much as the honest signature of a single human being, granting to you or your lawmakers any right of dominion whatever over him or his property.
You hold your place only by a title, which, on no just principle of law or reason, is worth a straw. And all who are associated with you in the government—whether they be called senators, representatives, judges, executive officers, or what not—all hold their places, directly or indirectly, only by the same worthless title. That title is nothing more nor less than votes given in secret (by secret ballot), by not more than one-fifth of the whole population. These votes were given in secret solely because those who gave them did not dare to make themselves personally responsible, either for their own acts, or the acts of their agents, the lawmakers, judges, etc.
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