Complete Works. Lysander Spooner
under law,” and all the other kinds of liberty that men have ever invented, and with which tyrants, as well as demagogues, have amused and cheated the ignorant, are not liberty at all, unless in so far as they may, under certain circumstances, have chanced to contribute something to, or given some impulse toward, individual liberty.
2. It does not tell us that individual liberty means freedom from all compulsion to do anything whatever, except what justice requires us to do, and freedom to do everything whatever that justice permits us to do. It does not tell us that individual liberty means freedom from all human restraint or coercion whatsoever, so long as we “live honestly, hurt nobody, and give to every one his due.”
3. It does not tell us that there is any science of liberty; any science, which every man may learn, and by which every man may know, what is, and what is not, his own, and every other man’s, rightful “liberty.”
4. It does not tell us that this right of individual liberty rests upon an immutable, natural principle, which no human power can make, unmake, or alter; nor that all human authority, that claims to set it aside, or modify it, is nothing but falsehood, absurdity, usurpation, tyranny, and crime.
5. It does not tell us that this right of individual liberty is a natural, inherent, inalienable right; that therefore no man can part with it, or delegate it to another, if he would; and that, consequently, all the claims that have ever been made, by governments, priests, or any other powers, that individuals have voluntarily surrendered, or “delegated,” their liberty to others, are all impostures and frauds.
6. It does not tell us that all human laws, so called, and all human lawmaking,—all commands, either by one man, or any number of men, calling themselves a government, or by any other name—requiring any individual to do this, or forbidding him to do that—so long as he “lives honestly, hurts no one, and gives to every one his due”—are all false and tyrannical assumptions of a right of authority and dominion over him; are all violations of his natural, inherent, inalienable, rightful, individual liberty; and, as such, are to be resented and resisted to the utmost, by every one who does not choose to be a slave.
7. And, finally, it does not tell us that all lawmaking governments whatsoever—whether called monarchies, aristocracies, republics, democracies, or by any other name—are all alike violations of men’s natural and rightful liberty.
We can now see why lawmakers are the only enemies, from whom “our liberty” has anything to fear, or whom we have any occasion to watch. They are to be watched, because they claim the right to abolish justice, and establish injustice in its stead; because they claim the right to command us to do things which justice does not require us to do, and to forbid us to do things which justice permits us to do; because they deny our right to be, individually, and absolutely, our own masters and owners, so long as we obey the one law of justice towards all other persons; because they claim to be our masters, and that their commands, as such, are authoritative and binding upon us as law; and that they may rightfully compel us to obey them.
“Our liberty” is in danger only from the lawmakers, because it is only through the agency of lawmakers, that anybody pretends to be able to take away “our liberty.” It is only the lawmakers that claim to be above all responsibility for taking away “our liberty.” Lawmakers are the only ones who are impudent enough to assert for themselves the right to take away “our liberty.” They are the only ones who are impudent enough to tell us that we have voluntarily surrendered “our liberty” into their hands. They are the only ones who have the insolent condescension to tell us that, in consideration of our having surrendered into their hands “our liberty,” and all our natural, inherent, inalienable rights as human beings, they are disposed to give us, in return, “good government,” “the best form of government ever vouchsafed to man”; to “protect” us, to provide for our “welfare,” to promote our “interests,” etc., etc.
And yet you are just blockhead enough to tell us that if “Every citizen”—fifty millions and more of them—will but keep “a vigilant watch and close scrutiny” upon these lawmakers, “our liberty” may be preserved!
Don’t you think, sir, that you are really the wisest man that ever told “a great and free people” how they could preserve “their liberty”?
To be entirely candid, don’t you think, sir, that a surer way of preserving “our liberty” would be to have no lawmakers at all?
Section XII.
But, in spite of all I have said, or, perhaps, can say, you will probably persist in your idea that the world needs a great deal of lawmaking; that mankind in general are not entitled to have any will, choice, judgment, or conscience of their own; that, if not very wicked, they are at least very ignorant and stupid; that they know very little of what is for their own good, or how to promote their own “interests,” “welfare,” or “prosperity”; that it is therefore necessary that they should be put under guardianship to lawmakers; that these lawmakers, being a very superior race of beings,—wise beyond the rest of their species,—and entirely free from all those selfish passions which tempt common mortals to do wrong,—must be intrusted with absolute and irresponsible dominion over the less favored of their kind; must prescribe to the latter, authoritatively, what they may, and may not, do; and, in general, manage the affairs of this world according to their discretion, free of all accountability to any human tribunals.
And you seem to be perfectly confident that, under this absolute and irresponsible dominion of the lawmakers, the affairs of this world will be rightly managed; that the “interests,” “welfare,” and “prosperity” of “a great and free people” will be properly attended to; that “the greatest good of the greatest number” will be accomplished, etc., etc.
And yet you hold that all this lawmaking, and all this subjection of the great body of the people to the arbitrary, irresponsible dominion of the lawmakers, will not interfere at all with “our liberty,” if only “every citizen” will but keep “a vigilant watch and close scrutiny” of the lawmakers.
Well, perhaps this is all so; although this subjection to the arbitrary will of any man, or body of men, whatever, and under any pretence whatever, seems, on the face of it, to be much more like slavery, than it does like “liberty.”
If, therefore, you really intend to continue this system of lawmaking, it seems indispensable that you should explain to us what you mean by the term “our liberty.”
So far as your address gives us any light on the subject, you evidently mean, by the term “our liberty,” just such, and only such, “liberty,” as the lawmakers may see fit to allow us to have.
You seem to have no conception of any other “liberty” whatever.
You give us no idea of any other “liberty” that we can secure to ourselves, even though “every citizen”—fifty millions and more of them—shall all keep “a vigilant watch and close scrutiny” upon the lawmakers.
Now, inasmuch as the human race always have had all the “liberty” their lawmakers have seen fit to permit them to have; and inasmuch as, under your system of lawmaking, they always will have as much “liberty” as their lawmakers shall see fit to give them; and inasmuch as you apparently concede the right, which the lawmakers have always claimed, of killing all those who are not content with so much “liberty” as their lawmakers have seen fit to allow them,—it seems very plain that you have not added anything to our stock of knowledge on the subject of “our liberty.”
Leaving us thus, as you do, in as great darkness as we ever were, on this all-important subject of “our liberty,” I think you ought to submit patiently to a little questioning on the part of those of us, who feel that all this lawmaking—each and every separate particle of it—is a violation of “our liberty.”
Will you, therefore, please tell us whether any, and, if any, how much, of that natural liberty—of