diff options
| -rw-r--r-- | .gitattributes | 3 | ||||
| -rw-r--r-- | 36161-h.zip | bin | 0 -> 14539 bytes | |||
| -rw-r--r-- | 36161-h/36161-h.htm | 845 | ||||
| -rw-r--r-- | 36161.txt | 739 | ||||
| -rw-r--r-- | 36161.zip | bin | 0 -> 13447 bytes | |||
| -rw-r--r-- | LICENSE.txt | 11 | ||||
| -rw-r--r-- | README.md | 2 |
7 files changed, 1600 insertions, 0 deletions
diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..6833f05 --- /dev/null +++ b/.gitattributes @@ -0,0 +1,3 @@ +* text=auto +*.txt text +*.md text diff --git a/36161-h.zip b/36161-h.zip Binary files differnew file mode 100644 index 0000000..a3b488a --- /dev/null +++ b/36161-h.zip diff --git a/36161-h/36161-h.htm b/36161-h/36161-h.htm new file mode 100644 index 0000000..cd0fe14 --- /dev/null +++ b/36161-h/36161-h.htm @@ -0,0 +1,845 @@ +<!DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Transitional//EN" + "http://www.w3.org/TR/xhtml1/DTD/xhtml1-transitional.dtd"> +<!-- $Id: header.txt 236 2009-12-07 18:57:00Z vlsimpson $ --> + +<html xmlns="http://www.w3.org/1999/xhtml" xml:lang="en" lang="en"> + <head> + <meta http-equiv="Content-Type" content="text/html;charset=iso-8859-1" /> + <meta http-equiv="Content-Style-Type" content="text/css" /> + <title> + The Project Gutenberg eBook of A Letter to Thomas F. Bayard, by Lysander Spooner. + </title> + <style type="text/css"> + +body { + margin-left: 10%; + margin-right: 10%; +} + + h1,h2,h3,h4,h5,h6 { + text-align: center; /* all headings centered */ + clear: both; +} + +p { + margin-top: .75em; + text-align: justify; + text-indent: 1em; + margin-bottom: .75em; +} + +hr { + width: 100%; + margin-top: 2em; + margin-bottom: 2em; + margin-left: auto; + margin-right: auto; + clear: both; +} + +.pagenum { /* uncomment the next line for invisible page numbers */ + position: absolute; + left: 92%; + font-size: smaller; + text-align: right; +} /* page numbers */ + +.blockquot { + margin-left: 10%; + margin-right: 10%; +} + +.bbt {border-top: solid 2px; border-bottom: solid 2px; width: 24em; + margin-left: auto; margin-right: auto; margin-top: 2em; margin-bottom: 2em;} + +.center {text-align: center; width: 36em; margin: auto; text-indent: 0em;} + +.noidt {text-indent: 0em;} + + </style> + </head> +<body> + + +<pre> + +Project Gutenberg's A Letter to Thomas F. Bayard, by Lysander Spooner + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: A Letter to Thomas F. Bayard + +Author: Lysander Spooner + +Release Date: May 17, 2011 [EBook #36161] + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK A LETTER TO THOMAS F. BAYARD *** + + + + +Produced by Katie Hernandez, Susan Goble, Curtis Weyant +and the Online Distributed Proofreading Team at +https://www.pgdp.net + + + + + + +</pre> + + + + + +<h2>A LETTER</h2> + +<h5>TO</h5> + +<h1>THOMAS F. BAYARD</h1> + +<p class="center">CHALLENGING HIS RIGHT—AND THAT OF ALL THE +OTHER SO-CALLED SENATORS AND REPRESENTATIVES +IN CONGRESS—<br /><br /> + +TO EXERCISE ANY LEGISLATIVE POWER WHATEVER +OVER THE PEOPLE OF THE UNITED STATES.</p> + + +<div class="bbt"> +<h2>B<small>Y</small> LYSANDER SPOONER.</h2> +</div> + +<p class="center"><small>BOSTON, MASS.:</small><br /> +PUBLISHED BY THE AUTHOR.<br /> +1882.</p> + + + + +<p> </p> +<p><span class="pagenum">[62]</span></p> +<h1>A Letter to<br /> +Thomas F. Bayard</h1> + +<div class="blockquot"> +<p class="noidt">"<i>Challenging his right—and that of all the other so-called +senators and representatives in Congress—to exercise any +legislative power whatever over the people of the United +States.</i>"</p></div> + +<p class="center"><big>by Lysander Spooner</big></p> + + +<p class="noidt">To Thomas F. Bayard, of Delaware:</p> + +<p>Sir—I have read your letter to Rev. Lyman Abbott, in which you +express the opinion that it is at least possible for a man to be a +legislator (under the Constitution of the United States) and yet be +an honest man.</p> + +<p>This proposition implies that you hold it to be at least possible +that some four hundred men should, by some process or other, +become invested with the right to make laws of their own—that is, +<i>laws wholly of their own device</i>, and therefore necessarily distinct +from the law of nature, or the principles of natural justice; and that +these laws of their own making shall be really and truly obligatory +upon the people of the United States; and that, therefore, the people +may rightfully be compelled to obey them.</p> + +<p>All this implies that you are of the opinion that the Congress of +the United States, of which you are a member, has, by some process +or other, become possessed of some right <i>of arbitrary dominion</i> +over the people of the United States; which right of arbitrary +dominion is not given by, and is, therefore, necessarily in conflict +with, the law of nature, the principles of natural justice, and the +natural rights of men, as individuals. All this is necessarily implied +in the idea that the Congress now possesses any right whatever to +make any laws whatever, <i>of its own device</i>—that is, any laws that +shall be either more, less, or other than that natural law, which it +can neither make, unmake, nor alter—and cause them to be enforced +upon the people of the United States, or any of them, against +their will.<span class="pagenum">[63]</span></p> + +<p>You assume that the right of arbitrary dominion—that is, the +right of making laws of their own device, and compelling obedience +to them—is a "trust" that has been delegated to those who now +exercise that power. You call it "the trust of public power."</p> + +<p>But, Sir, you are mistaken in supposing that any such power has +ever been delegated, or ever can be delegated, by any body, to any +body.</p> + +<p>Any such delegation of power is naturally impossible, for these +reasons, viz:</p> + +<p>1. No man can delegate, or give to another, any right of arbitrary +dominion over himself; for that would be giving himself away as a +slave. And this no one can do. Any contract to do so is necessarily +an absurd one, and has no validity. To call such a contract a "constitution," +or by any other high-sounding name, does not alter its +character as an absurd and void contract.</p> + +<p>2. No man can delegate, or give to another, any right of arbitrary +dominion over a third person; for that would imply a right in the +first person, not only to make the third person his slave, but also +a right to dispose of him as a slave to still other persons. Any contract +to do this is necessarily a criminal one, and therefore invalid. +To call such a contract a "constitution" does not at all lessen its +criminality, or add to its validity.</p> + +<p>These facts, that no man can delegate, or give away, his own +natural right to liberty, nor any other man's natural right to liberty, +prove that he can delegate no right of arbitrary dominion whatever—or, +what is the same thing, no legislative power whatever—over himself +or anybody else, to any man, or body of men.</p> + +<p>This impossibility of any man's delegating any legislative power +whatever, necessarily results from the fact that the law of nature +has drawn the line, and the only line—and that, too, a line that can +never be effaced nor removed—between each man's own interest +and inalienable rights of person and property, and each and every +other man's inherent and inalienable rights of person and property. +It, therefore, necessarily fixes the unalterable limits, within which +every man may rightfully seek his own happiness, in his own way, +free from all responsibility to, or interference by, his fellow men, +or any of them.</p> + +<p>All this pretended delegation of legislative power—that is, of a +power, on the part of the legislators, so-called, to make any laws +of their own device, distinct from the law of nature—is therefore +<span class="pagenum">[64]</span> +an entire falsehood; a falsehood whose only purpose is to cover and +hide a pure usurpation, by one body of men, of arbitrary dominion +over other men.</p> + +<p>That this legislative power, or power of arbitrary dominion, is +a pure usurpation, on the part of those who now exercise it, and not +a "trust" delegated to them, is still further proved by the fact that +the only delegation of power, that is even professed or pretended +to be made, is made <i>secretly</i>—that is, by <i>secret ballot</i>—and not in +any open and authentic manner; and therefore not by any men, or +body of men, who make themselves personally responsible, as principals, +for the acts of those to whom they profess to delegate the +power.</p> + +<p>All this pretended delegation of power having been made secretly—that +is, only by secret ballot—not a single one of all the legislators, +so-called, who profess to be exercising only a delegated +power, has himself any legal knowledge, or can offer any legal +proof, as to who the particular individuals were who delegated it +to him. And having no power to identify the individuals who professed +to delegate the power to him, he cannot show any legal proof +that anybody ever even attempted or pretended to delegate it to +him.</p> + +<p>Plainly, a man who exercises any arbitrary dominion over other +men and who claims to be exercising only a delegated power, but +cannot show who his principals are, nor, consequently, prove that +he has any principals, must be presumed, both in law and reason, +to have no principals; and therefore to be exercising no power but +his own. And having, of right, no such power of his own, he is, +both in law and reason, a naked usurper.</p> + +<p>Sir, a secret ballot makes a secret government; and a secret +government is a government by conspiracy; in which the people at +large can have no rights. And that is the only government we now +have. It is the government of which you are a voluntary member +and supporter, and yet you claim to be an honest man. If you are +an honest man, is not your honesty that of a thoughtless, ignorant +man, who merely drifts with the current, instead of exercising any +judgment of his own?</p> + +<p>For still another reason, all legislators, so-called, under the Constitution +of the United States, are exercising simply an arbitrary +and irresponsible dominion of their own; and not any authority that +has been delegated, or pretended to have been delegated, to them. +<span class="pagenum">[65]</span> +And that reason is that the Constitution itself (Art. I, Sec. 6) prescribes +that:</p> + +<blockquote><p>"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."</p></blockquote> + +<p>This provision makes the legislators constitutionally irresponsible +to anybody; either to those on whom they exercise their power, or +to those who may have, either openly or secretly, attempted or pretended +to delegate power to them. And men who are legally responsible +to nobody for their acts, cannot truly be said to be the +agents of any body, or to be exercising any power but their own; +for all real agents are necessarily responsible both to those <i>on</i> +whom they act, and to those <i>for</i> whom they act.</p> + +<p>To say that the people of this country ever have bound, or ever +could bind, themselves by any contract whatever—the Constitution, +or any other—to thus give away all their natural rights of property, +liberty, and life, into the hands of a few men—a mere conclave—and +that they should make it a part of the contract itself that these few +men should be held legally irresponsible for the disposal they +should make of those rights, is an utter absurdity. It is to say that +they have bound themselves, and that they could bind themselves, +by an utterly idiotic and suicidal contract.</p> + +<p>If such a contract had ever been made by one private individual +to another, and had been signed, sealed, witnessed, acknowledged, +and delivered, with all possible legal formalities, no decent court +on earth—certainly none in this country—would have regarded it, for +a moment, as conveying any right, or delegating any power, or as +having the slightest legal validity, or obligation.</p> + +<p>For all the reasons now given, and for still others that might be +given, the legislative power now exercised by Congress is, in both +law and reason, a purely personal, arbitrary, irresponsible, usurped +dominion on the part of the legislators themselves, and not a power +delegated to them by anybody.</p> + +<p>Yet under the pretense that this instrument gives them the right +of an arbitrary and irresponsible dominion over the whole people +of the United States, Congress has now gone on, for ninety years +and more, filling great volumes with laws of their own device, +which the people at large have never read, nor even seen, nor ever +will read or see; and of whose legal meanings it is morally impossible +<span class="pagenum">[66]</span> +that they should ever know anything. Congress has never +dared to require the people even to read these laws. Had it done +so, the oppression would have been an intolerable one; and the +people, rather than endure it, would have either rebelled, and overthrown +the government, or would have fled the country. Yet these +laws, which Congress has not dared to require the people even to +read, it has compelled them, at the point of the bayonet, to obey.</p> + +<p>And this moral, and legal, and political monstrosity is the kind +of government which Congress claims that the Constitution authorizes +it to impose upon the people.</p> + +<p>Sir, can you say that such an arbitrary and irresponsible dominion +as this, over the properties, liberties, and lives of fifty millions of +people—or even over the property, liberty, or life of any one of +those fifty millions—can be justified on any reason whatever? If +not, with what color of truth can you say that you yourself, or anybody +else, can act as a legislator, under the Constitution of the +United States, and yet be an honest man?</p> + +<p>To say that the arbitrary and irresponsible dominion, that is +exercised by Congress, has been delegated to it by the Constitution, +<i>and not solely by the secret ballots of the voters for the time being</i>, +is the height of absurdity; for what is the Constitution? It is, at best, +a writing that was drawn up more than ninety years ago; was assented +to at the time only by a small number of men; generally +those few white male adults who had prescribed amounts of property; +probably not more than two hundred thousand in all; or one +in twenty of the whole population.</p> + +<p>Those men have been long since dead. They never had any +right of arbitrary dominion over even their contemporaries; and +they never had any over us. Their wills or wishes have no more +rightful authority over us, than have the wills or wishes of men +who lived before the flood. They never personally signed, sealed, +acknowledged, or delivered, or dared to sign, seal, acknowledge, or +deliver, the instrument which they imposed upon the country as +law. They never, in any open and authentic manner, bound even +themselves to obey it, or made themselves personally responsible +for the acts of their so-called agents under it. They had no natural +right to impose it, as law, upon a single human being. The whole +proceeding was a pure usurpation.</p> + +<p>In practice, the Constitution has been an utter fraud from the +beginning. Professing to have been "ordained and established" by +<span class="pagenum">[67]</span> +"<i>we, the people of the United States</i>," it has never been submitted +to them, as individuals, for their voluntary acceptance or rejection. +They have never been asked to sign, seal, acknowledge, or deliver +it, as their free act and deed. They have never signed, sealed, acknowledged, +or delivered it, or promised, or laid themselves under +any kind of obligation, to obey it. Very few of them have ever read, +or even seen it; or ever will read or see it. Of its legal meaning (if +it can be said to have any) they really know nothing; and never did, +nor ever will, know anything.</p> + +<p>Why is it, Sir, that such an instrument as the Constitution, for +which nobody has been responsible, and of which few persons have +ever known anything, has been suffered to stand, for the last ninety +years, and to be used for such audacious and criminal purposes? +It is solely because it has been sustained by the same kind of conspiracy +as that by which it was established; that is, by the wealth +and the power of those few who were to profit by the arbitrary +dominion it was assumed to give them over others. While the poor, +the weak, and the ignorant, who were to be cheated, plundered, and +enslaved by it, have been told, and some of them doubtless made to +believe, that it is a sacred instrument, designed for the preservation +of their rights.</p> + +<p>These cheated, plundered, and enslaved persons have been made +to feel, if not to believe, that the Constitution had such miraculous +power, that it could authorize the majority (or even a plurality) of +the male adults, for the time being—a majority numbering at this +time, say, five millions in all—to exercise, through their agents, secretly +appointed, an arbitrary and irresponsible dominion over the +properties, liberties, and lives of the whole fifty millions; and that +these fifty millions have no rightful alternative but to submit all +their rights to this arbitrary dominion, or suffer such confiscation, +imprisonment, or death as this secretly appointed, irresponsible +cabal, of so-called legislators, should see fit to resort to for the maintenance +of its power.</p> + +<p>As might have been expected, and as was, to a large degree, at +least, intended, this Constitution has been used from the beginning +by ambitious, rapacious, and unprincipled men, to enable them to +maintain, at the point of the bayonet, an arbitrary and irresponsible +dominion over those who were too ignorant and too weak to protect +themselves against the conspirators who had thus combined +to deceive, plunder, and enslave them.</p> + +<p><span class="pagenum">[68]</span>Do you really think, Sir, +that such a constitution as this can avail to justify those +who, like yourself, are engaged in enforcing it? Is +it not plain, rather, that the members of Congress, as a legislative +body, whether they are conscious of it or not, are, in reality, a mere +cabal of swindlers, usurpers, tyrants and robbers? Is it not plain +that they are stupendous blockheads, if they imagine that they are +anything else than such a cabal? or that their so-called laws impose +the least obligation upon anybody?</p> + +<p>If you have never before looked at this matter in this light, I ask +you to do so now. And in the hope to aid you in doing so candidly, +and to some useful purpose, I take the liberty to mail for you a +pamphlet entitled:</p> + +<blockquote><p>"NATURAL LAW; OR THE SCIENCE OF JUSTICE; a Treatise +on Natural Law, Natural Justice, Natural Rights, Natural Liberty, +and Natural Society; Showing That All Legislation Whatsoever Is +an Absurdity, a Usurpation, and a Crime. Part I."</p></blockquote> + +<p>In this pamphlet, I have endeavored to controvert distinctly the +proposition that, by any possible process whatever, any man, or +body of men, can become possessed of any right of arbitrary dominion +over other men, or other men's property; or, consequently, +any right whatever to make any law whatever, of their own—distinct +from the law of nature—and compel any other men to obey +it.</p> + +<p>I trust I need not suspect you, as a legislator under the Constitution, +and claiming to be an honest man, of any desire to evade the +issue presented in this pamphlet. If you shall see fit to meet it, I +hope you will excuse me for suggesting that—to avoid verbiage, and +everything indefinite—you give at least a single specimen of a law +that either heretofore has been made, or that you conceive it possible +for legislators to make—that is, some law of their own device—that +either has been, or shall be, really and truly obligatory upon +other persons, and which such other persons have been, or may be, +rightfully compelled to obey.</p> + +<p>If you can either find or devise any such law, I trust you will +make it known, that it may be examined, and the question of its +obligation be fairly settled in the popular mind.</p> + +<p>But if it should happen that you can neither find such a law in +the existing statute books of the United States, nor, in your own +mind, conceive of such a law as possible under the Constitution, I +<span class="pagenum">[69]</span> +give you leave to find it, if that be possible, in the constitution or +statute book of any other people that now exist, or ever have existed, +on the earth.</p> + +<p>If, finally, you shall find no such law, anywhere, nor be able to +conceive of any such law yourself, I take the liberty to suggest that +it is your imperative duty to submit the question to your associate +legislators; and, if they can give no light on the subject, that you +call upon them to burn all the existing statute books of the United +States, and then to go home and content themselves with the exercise +of only such rights and powers as nature has given to them in +common with the rest of mankind.</p> + + + + + + + + +<pre> + + + + + +End of Project Gutenberg's A Letter to Thomas F. Bayard, by Lysander Spooner + +*** END OF THIS PROJECT GUTENBERG EBOOK A LETTER TO THOMAS F. BAYARD *** + +***** This file should be named 36161-h.htm or 36161-h.zip ***** +This and all associated files of various formats will be found in: + https://www.gutenberg.org/3/6/1/6/36161/ + +Produced by Katie Hernandez, Susan Goble, Curtis Weyant +and the Online Distributed Proofreading Team at +https://www.pgdp.net + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. Special rules, +set forth in the General Terms of Use part of this license, apply to +copying and distributing Project Gutenberg-tm electronic works to +protect the PROJECT GUTENBERG-tm concept and trademark. Project +Gutenberg is a registered trademark, and may not be used if you +charge for the eBooks, unless you receive specific permission. If you +do not charge anything for copies of this eBook, complying with the +rules is very easy. You may use this eBook for nearly any purpose +such as creation of derivative works, reports, performances and +research. They may be modified and printed and given away--you may do +practically ANYTHING with public domain eBooks. Redistribution is +subject to the trademark license, especially commercial +redistribution. + + + +*** START: FULL LICENSE *** + +THE FULL PROJECT GUTENBERG LICENSE +PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK + +To protect the Project Gutenberg-tm mission of promoting the free +distribution of electronic works, by using or distributing this work +(or any other work associated in any way with the phrase "Project +Gutenberg"), you agree to comply with all the terms of the Full Project +Gutenberg-tm License (available with this file or online at +https://gutenberg.org/license). + + +Section 1. General Terms of Use and Redistributing Project Gutenberg-tm +electronic works + +1.A. By reading or using any part of this Project Gutenberg-tm +electronic work, you indicate that you have read, understand, agree to +and accept all the terms of this license and intellectual property +(trademark/copyright) agreement. If you do not agree to abide by all +the terms of this agreement, you must cease using and return or destroy +all copies of Project Gutenberg-tm electronic works in your possession. +If you paid a fee for obtaining a copy of or access to a Project +Gutenberg-tm electronic work and you do not agree to be bound by the +terms of this agreement, you may obtain a refund from the person or +entity to whom you paid the fee as set forth in paragraph 1.E.8. + +1.B. "Project Gutenberg" is a registered trademark. It may only be +used on or associated in any way with an electronic work by people who +agree to be bound by the terms of this agreement. There are a few +things that you can do with most Project Gutenberg-tm electronic works +even without complying with the full terms of this agreement. See +paragraph 1.C below. There are a lot of things you can do with Project +Gutenberg-tm electronic works if you follow the terms of this agreement +and help preserve free future access to Project Gutenberg-tm electronic +works. See paragraph 1.E below. + +1.C. The Project Gutenberg Literary Archive Foundation ("the Foundation" +or PGLAF), owns a compilation copyright in the collection of Project +Gutenberg-tm electronic works. Nearly all the individual works in the +collection are in the public domain in the United States. If an +individual work is in the public domain in the United States and you are +located in the United States, we do not claim a right to prevent you from +copying, distributing, performing, displaying or creating derivative +works based on the work as long as all references to Project Gutenberg +are removed. Of course, we hope that you will support the Project +Gutenberg-tm mission of promoting free access to electronic works by +freely sharing Project Gutenberg-tm works in compliance with the terms of +this agreement for keeping the Project Gutenberg-tm name associated with +the work. You can easily comply with the terms of this agreement by +keeping this work in the same format with its attached full Project +Gutenberg-tm License when you share it without charge with others. + +1.D. The copyright laws of the place where you are located also govern +what you can do with this work. Copyright laws in most countries are in +a constant state of change. If you are outside the United States, check +the laws of your country in addition to the terms of this agreement +before downloading, copying, displaying, performing, distributing or +creating derivative works based on this work or any other Project +Gutenberg-tm work. The Foundation makes no representations concerning +the copyright status of any work in any country outside the United +States. + +1.E. Unless you have removed all references to Project Gutenberg: + +1.E.1. The following sentence, with active links to, or other immediate +access to, the full Project Gutenberg-tm License must appear prominently +whenever any copy of a Project Gutenberg-tm work (any work on which the +phrase "Project Gutenberg" appears, or with which the phrase "Project +Gutenberg" is associated) is accessed, displayed, performed, viewed, +copied or distributed: + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + +1.E.2. If an individual Project Gutenberg-tm electronic work is derived +from the public domain (does not contain a notice indicating that it is +posted with permission of the copyright holder), the work can be copied +and distributed to anyone in the United States without paying any fees +or charges. If you are redistributing or providing access to a work +with the phrase "Project Gutenberg" associated with or appearing on the +work, you must comply either with the requirements of paragraphs 1.E.1 +through 1.E.7 or obtain permission for the use of the work and the +Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or +1.E.9. + +1.E.3. If an individual Project Gutenberg-tm electronic work is posted +with the permission of the copyright holder, your use and distribution +must comply with both paragraphs 1.E.1 through 1.E.7 and any additional +terms imposed by the copyright holder. Additional terms will be linked +to the Project Gutenberg-tm License for all works posted with the +permission of the copyright holder found at the beginning of this work. + +1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm +License terms from this work, or any files containing a part of this +work or any other work associated with Project Gutenberg-tm. + +1.E.5. Do not copy, display, perform, distribute or redistribute this +electronic work, or any part of this electronic work, without +prominently displaying the sentence set forth in paragraph 1.E.1 with +active links or immediate access to the full terms of the Project +Gutenberg-tm License. + +1.E.6. You may convert to and distribute this work in any binary, +compressed, marked up, nonproprietary or proprietary form, including any +word processing or hypertext form. However, if you provide access to or +distribute copies of a Project Gutenberg-tm work in a format other than +"Plain Vanilla ASCII" or other format used in the official version +posted on the official Project Gutenberg-tm web site (www.gutenberg.org), +you must, at no additional cost, fee or expense to the user, provide a +copy, a means of exporting a copy, or a means of obtaining a copy upon +request, of the work in its original "Plain Vanilla ASCII" or other +form. Any alternate format must include the full Project Gutenberg-tm +License as specified in paragraph 1.E.1. + +1.E.7. Do not charge a fee for access to, viewing, displaying, +performing, copying or distributing any Project Gutenberg-tm works +unless you comply with paragraph 1.E.8 or 1.E.9. + +1.E.8. You may charge a reasonable fee for copies of or providing +access to or distributing Project Gutenberg-tm electronic works provided +that + +- You pay a royalty fee of 20% of the gross profits you derive from + the use of Project Gutenberg-tm works calculated using the method + you already use to calculate your applicable taxes. The fee is + owed to the owner of the Project Gutenberg-tm trademark, but he + has agreed to donate royalties under this paragraph to the + Project Gutenberg Literary Archive Foundation. Royalty payments + must be paid within 60 days following each date on which you + prepare (or are legally required to prepare) your periodic tax + returns. Royalty payments should be clearly marked as such and + sent to the Project Gutenberg Literary Archive Foundation at the + address specified in Section 4, "Information about donations to + the Project Gutenberg Literary Archive Foundation." + +- You provide a full refund of any money paid by a user who notifies + you in writing (or by e-mail) within 30 days of receipt that s/he + does not agree to the terms of the full Project Gutenberg-tm + License. You must require such a user to return or + destroy all copies of the works possessed in a physical medium + and discontinue all use of and all access to other copies of + Project Gutenberg-tm works. + +- You provide, in accordance with paragraph 1.F.3, a full refund of any + money paid for a work or a replacement copy, if a defect in the + electronic work is discovered and reported to you within 90 days + of receipt of the work. + +- You comply with all other terms of this agreement for free + distribution of Project Gutenberg-tm works. + +1.E.9. If you wish to charge a fee or distribute a Project Gutenberg-tm +electronic work or group of works on different terms than are set +forth in this agreement, you must obtain permission in writing from +both the Project Gutenberg Literary Archive Foundation and Michael +Hart, the owner of the Project Gutenberg-tm trademark. Contact the +Foundation as set forth in Section 3 below. + +1.F. + +1.F.1. Project Gutenberg volunteers and employees expend considerable +effort to identify, do copyright research on, transcribe and proofread +public domain works in creating the Project Gutenberg-tm +collection. Despite these efforts, Project Gutenberg-tm electronic +works, and the medium on which they may be stored, may contain +"Defects," such as, but not limited to, incomplete, inaccurate or +corrupt data, transcription errors, a copyright or other intellectual +property infringement, a defective or damaged disk or other medium, a +computer virus, or computer codes that damage or cannot be read by +your equipment. + +1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right +of Replacement or Refund" described in paragraph 1.F.3, the Project +Gutenberg Literary Archive Foundation, the owner of the Project +Gutenberg-tm trademark, and any other party distributing a Project +Gutenberg-tm electronic work under this agreement, disclaim all +liability to you for damages, costs and expenses, including legal +fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT +LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE +PROVIDED IN PARAGRAPH 1.F.3. YOU AGREE THAT THE FOUNDATION, THE +TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE +LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR +INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH +DAMAGE. + +1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a +defect in this electronic work within 90 days of receiving it, you can +receive a refund of the money (if any) you paid for it by sending a +written explanation to the person you received the work from. If you +received the work on a physical medium, you must return the medium with +your written explanation. The person or entity that provided you with +the defective work may elect to provide a replacement copy in lieu of a +refund. If you received the work electronically, the person or entity +providing it to you may choose to give you a second opportunity to +receive the work electronically in lieu of a refund. If the second copy +is also defective, you may demand a refund in writing without further +opportunities to fix the problem. + +1.F.4. Except for the limited right of replacement or refund set forth +in paragraph 1.F.3, this work is provided to you 'AS-IS' WITH NO OTHER +WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO +WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE. + +1.F.5. Some states do not allow disclaimers of certain implied +warranties or the exclusion or limitation of certain types of damages. +If any disclaimer or limitation set forth in this agreement violates the +law of the state applicable to this agreement, the agreement shall be +interpreted to make the maximum disclaimer or limitation permitted by +the applicable state law. The invalidity or unenforceability of any +provision of this agreement shall not void the remaining provisions. + +1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the +trademark owner, any agent or employee of the Foundation, anyone +providing copies of Project Gutenberg-tm electronic works in accordance +with this agreement, and any volunteers associated with the production, +promotion and distribution of Project Gutenberg-tm electronic works, +harmless from all liability, costs and expenses, including legal fees, +that arise directly or indirectly from any of the following which you do +or cause to occur: (a) distribution of this or any Project Gutenberg-tm +work, (b) alteration, modification, or additions or deletions to any +Project Gutenberg-tm work, and (c) any Defect you cause. + + +Section 2. Information about the Mission of Project Gutenberg-tm + +Project Gutenberg-tm is synonymous with the free distribution of +electronic works in formats readable by the widest variety of computers +including obsolete, old, middle-aged and new computers. It exists +because of the efforts of hundreds of volunteers and donations from +people in all walks of life. + +Volunteers and financial support to provide volunteers with the +assistance they need are critical to reaching Project Gutenberg-tm's +goals and ensuring that the Project Gutenberg-tm collection will +remain freely available for generations to come. In 2001, the Project +Gutenberg Literary Archive Foundation was created to provide a secure +and permanent future for Project Gutenberg-tm and future generations. +To learn more about the Project Gutenberg Literary Archive Foundation +and how your efforts and donations can help, see Sections 3 and 4 +and the Foundation web page at https://www.pglaf.org. + + +Section 3. Information about the Project Gutenberg Literary Archive +Foundation + +The Project Gutenberg Literary Archive Foundation is a non profit +501(c)(3) educational corporation organized under the laws of the +state of Mississippi and granted tax exempt status by the Internal +Revenue Service. The Foundation's EIN or federal tax identification +number is 64-6221541. Its 501(c)(3) letter is posted at +https://pglaf.org/fundraising. Contributions to the Project Gutenberg +Literary Archive Foundation are tax deductible to the full extent +permitted by U.S. federal laws and your state's laws. + +The Foundation's principal office is located at 4557 Melan Dr. S. +Fairbanks, AK, 99712., but its volunteers and employees are scattered +throughout numerous locations. Its business office is located at +809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email +business@pglaf.org. Email contact links and up to date contact +information can be found at the Foundation's web site and official +page at https://pglaf.org + +For additional contact information: + Dr. Gregory B. Newby + Chief Executive and Director + gbnewby@pglaf.org + + +Section 4. Information about Donations to the Project Gutenberg +Literary Archive Foundation + +Project Gutenberg-tm depends upon and cannot survive without wide +spread public support and donations to carry out its mission of +increasing the number of public domain and licensed works that can be +freely distributed in machine readable form accessible by the widest +array of equipment including outdated equipment. Many small donations +($1 to $5,000) are particularly important to maintaining tax exempt +status with the IRS. + +The Foundation is committed to complying with the laws regulating +charities and charitable donations in all 50 states of the United +States. Compliance requirements are not uniform and it takes a +considerable effort, much paperwork and many fees to meet and keep up +with these requirements. We do not solicit donations in locations +where we have not received written confirmation of compliance. To +SEND DONATIONS or determine the status of compliance for any +particular state visit https://pglaf.org + +While we cannot and do not solicit contributions from states where we +have not met the solicitation requirements, we know of no prohibition +against accepting unsolicited donations from donors in such states who +approach us with offers to donate. + +International donations are gratefully accepted, but we cannot make +any statements concerning tax treatment of donations received from +outside the United States. U.S. laws alone swamp our small staff. + +Please check the Project Gutenberg Web pages for current donation +methods and addresses. Donations are accepted in a number of other +ways including including checks, online payments and credit card +donations. To donate, please visit: https://pglaf.org/donate + + +Section 5. General Information About Project Gutenberg-tm electronic +works. + +Professor Michael S. Hart was the originator of the Project Gutenberg-tm +concept of a library of electronic works that could be freely shared +with anyone. For thirty years, he produced and distributed Project +Gutenberg-tm eBooks with only a loose network of volunteer support. + + +Project Gutenberg-tm eBooks are often created from several printed +editions, all of which are confirmed as Public Domain in the U.S. +unless a copyright notice is included. Thus, we do not necessarily +keep eBooks in compliance with any particular paper edition. + + +Most people start at our Web site which has the main PG search facility: + + https://www.gutenberg.org + +This Web site includes information about Project Gutenberg-tm, +including how to make donations to the Project Gutenberg Literary +Archive Foundation, how to help produce our new eBooks, and how to +subscribe to our email newsletter to hear about new eBooks. + + +</pre> + +</body> +</html> diff --git a/36161.txt b/36161.txt new file mode 100644 index 0000000..d534da8 --- /dev/null +++ b/36161.txt @@ -0,0 +1,739 @@ +Project Gutenberg's A Letter to Thomas F. Bayard, by Lysander Spooner + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: A Letter to Thomas F. Bayard + +Author: Lysander Spooner + +Release Date: May 17, 2011 [EBook #36161] + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK A LETTER TO THOMAS F. BAYARD *** + + + + +Produced by Katie Hernandez, Susan Goble, Curtis Weyant +and the Online Distributed Proofreading Team at +https://www.pgdp.net + + + + + + + + + + + + A LETTER + + TO + + THOMAS F. BAYARD + + CHALLENGING HIS RIGHT--AND THAT OF ALL THE + OTHER SO-CALLED SENATORS AND REPRESENTATIVES + IN CONGRESS-- + + TO EXERCISE ANY LEGISLATIVE POWER WHATEVER + OVER THE PEOPLE OF THE UNITED STATES. + + + BY LYSANDER SPOONER. + + + BOSTON, MASS.: + PUBLISHED BY THE AUTHOR. + 1882. + + + + +A Letter to Thomas F. Bayard + + "_Challenging his right--and that of all the other so-called senators + and representatives in Congress--to exercise any legislative power + whatever over the people of the United States._" + + by Lysander Spooner + + +To Thomas F. Bayard, of Delaware: + +Sir--I have read your letter to Rev. Lyman Abbott, in which you express +the opinion that it is at least possible for a man to be a legislator +(under the Constitution of the United States) and yet be an honest man. + +This proposition implies that you hold it to be at least possible that +some four hundred men should, by some process or other, become invested +with the right to make laws of their own--that is, _laws wholly of their +own device_, and therefore necessarily distinct from the law of nature, +or the principles of natural justice; and that these laws of their own +making shall be really and truly obligatory upon the people of the +United States; and that, therefore, the people may rightfully be +compelled to obey them. + +All this implies that you are of the opinion that the Congress of the +United States, of which you are a member, has, by some process or other, +become possessed of some right _of arbitrary dominion_ over the people +of the United States; which right of arbitrary dominion is not given by, +and is, therefore, necessarily in conflict with, the law of nature, the +principles of natural justice, and the natural rights of men, as +individuals. All this is necessarily implied in the idea that the +Congress now possesses any right whatever to make any laws whatever, _of +its own device_--that is, any laws that shall be either more, less, or +other than that natural law, which it can neither make, unmake, nor +alter--and cause them to be enforced upon the people of the United +States, or any of them, against their will. + +You assume that the right of arbitrary dominion--that is, the right of +making laws of their own device, and compelling obedience to them--is a +"trust" that has been delegated to those who now exercise that power. +You call it "the trust of public power." + +But, Sir, you are mistaken in supposing that any such power has ever +been delegated, or ever can be delegated, by any body, to any body. + +Any such delegation of power is naturally impossible, for these reasons, +viz: + +1. No man can delegate, or give to another, any right of arbitrary +dominion over himself; for that would be giving himself away as a slave. +And this no one can do. Any contract to do so is necessarily an absurd +one, and has no validity. To call such a contract a "constitution," or +by any other high-sounding name, does not alter its character as an +absurd and void contract. + +2. No man can delegate, or give to another, any right of arbitrary +dominion over a third person; for that would imply a right in the first +person, not only to make the third person his slave, but also a right to +dispose of him as a slave to still other persons. Any contract to do +this is necessarily a criminal one, and therefore invalid. To call such +a contract a "constitution" does not at all lessen its criminality, or +add to its validity. + +These facts, that no man can delegate, or give away, his own natural +right to liberty, nor any other man's natural right to liberty, prove +that he can delegate no right of arbitrary dominion whatever--or, what +is the same thing, no legislative power whatever--over himself or +anybody else, to any man, or body of men. + +This impossibility of any man's delegating any legislative power +whatever, necessarily results from the fact that the law of nature has +drawn the line, and the only line--and that, too, a line that can never +be effaced nor removed--between each man's own interest and inalienable +rights of person and property, and each and every other man's inherent +and inalienable rights of person and property. It, therefore, +necessarily fixes the unalterable limits, within which every man may +rightfully seek his own happiness, in his own way, free from all +responsibility to, or interference by, his fellow men, or any of them. + +All this pretended delegation of legislative power--that is, of a power, +on the part of the legislators, so-called, to make any laws of their own +device, distinct from the law of nature--is therefore an entire +falsehood; a falsehood whose only purpose is to cover and hide a pure +usurpation, by one body of men, of arbitrary dominion over other men. + +That this legislative power, or power of arbitrary dominion, is a pure +usurpation, on the part of those who now exercise it, and not a "trust" +delegated to them, is still further proved by the fact that the only +delegation of power, that is even professed or pretended to be made, is +made _secretly_--that is, by _secret ballot_--and not in any open and +authentic manner; and therefore not by any men, or body of men, who make +themselves personally responsible, as principals, for the acts of those +to whom they profess to delegate the power. + +All this pretended delegation of power having been made secretly--that +is, only by secret ballot--not a single one of all the legislators, +so-called, who profess to be exercising only a delegated power, has +himself any legal knowledge, or can offer any legal proof, as to who the +particular individuals were who delegated it to him. And having no power +to identify the individuals who professed to delegate the power to him, +he cannot show any legal proof that anybody ever even attempted or +pretended to delegate it to him. + +Plainly, a man who exercises any arbitrary dominion over other men and +who claims to be exercising only a delegated power, but cannot show who +his principals are, nor, consequently, prove that he has any principals, +must be presumed, both in law and reason, to have no principals; and +therefore to be exercising no power but his own. And having, of right, +no such power of his own, he is, both in law and reason, a naked +usurper. + +Sir, a secret ballot makes a secret government; and a secret government +is a government by conspiracy; in which the people at large can have no +rights. And that is the only government we now have. It is the +government of which you are a voluntary member and supporter, and yet +you claim to be an honest man. If you are an honest man, is not your +honesty that of a thoughtless, ignorant man, who merely drifts with the +current, instead of exercising any judgment of his own? + +For still another reason, all legislators, so-called, under the +Constitution of the United States, are exercising simply an arbitrary +and irresponsible dominion of their own; and not any authority that has +been delegated, or pretended to have been delegated, to them. And that +reason is that the Constitution itself (Art. I, Sec. 6) prescribes that: + + "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." + +This provision makes the legislators constitutionally irresponsible to +anybody; either to those on whom they exercise their power, or to those +who may have, either openly or secretly, attempted or pretended to +delegate power to them. And men who are legally responsible to nobody +for their acts, cannot truly be said to be the agents of any body, or to +be exercising any power but their own; for all real agents are +necessarily responsible both to those _on_ whom they act, and to those +_for_ whom they act. + +To say that the people of this country ever have bound, or ever could +bind, themselves by any contract whatever--the Constitution, or any +other--to thus give away all their natural rights of property, liberty, +and life, into the hands of a few men--a mere conclave--and that they +should make it a part of the contract itself that these few men should +be held legally irresponsible for the disposal they should make of those +rights, is an utter absurdity. It is to say that they have bound +themselves, and that they could bind themselves, by an utterly idiotic +and suicidal contract. + +If such a contract had ever been made by one private individual to +another, and had been signed, sealed, witnessed, acknowledged, and +delivered, with all possible legal formalities, no decent court on +earth--certainly none in this country--would have regarded it, for a +moment, as conveying any right, or delegating any power, or as having +the slightest legal validity, or obligation. + +For all the reasons now given, and for still others that might be given, +the legislative power now exercised by Congress is, in both law and +reason, a purely personal, arbitrary, irresponsible, usurped dominion on +the part of the legislators themselves, and not a power delegated to +them by anybody. + +Yet under the pretense that this instrument gives them the right of an +arbitrary and irresponsible dominion over the whole people of the United +States, Congress has now gone on, for ninety years and more, filling +great volumes with laws of their own device, which the people at large +have never read, nor even seen, nor ever will read or see; and of whose +legal meanings it is morally impossible that they should ever know +anything. Congress has never dared to require the people even to read +these laws. Had it done so, the oppression would have been an +intolerable one; and the people, rather than endure it, would have +either rebelled, and overthrown the government, or would have fled the +country. Yet these laws, which Congress has not dared to require the +people even to read, it has compelled them, at the point of the bayonet, +to obey. + +And this moral, and legal, and political monstrosity is the kind of +government which Congress claims that the Constitution authorizes it to +impose upon the people. + +Sir, can you say that such an arbitrary and irresponsible dominion as +this, over the properties, liberties, and lives of fifty millions of +people--or even over the property, liberty, or life of any one of those +fifty millions--can be justified on any reason whatever? If not, with +what color of truth can you say that you yourself, or anybody else, can +act as a legislator, under the Constitution of the United States, and +yet be an honest man? + +To say that the arbitrary and irresponsible dominion, that is exercised +by Congress, has been delegated to it by the Constitution, _and not +solely by the secret ballots of the voters for the time being_, is the +height of absurdity; for what is the Constitution? It is, at best, a +writing that was drawn up more than ninety years ago; was assented to at +the time only by a small number of men; generally those few white male +adults who had prescribed amounts of property; probably not more than +two hundred thousand in all; or one in twenty of the whole population. + +Those men have been long since dead. They never had any right of +arbitrary dominion over even their contemporaries; and they never had +any over us. Their wills or wishes have no more rightful authority over +us, than have the wills or wishes of men who lived before the flood. +They never personally signed, sealed, acknowledged, or delivered, or +dared to sign, seal, acknowledge, or deliver, the instrument which they +imposed upon the country as law. They never, in any open and authentic +manner, bound even themselves to obey it, or made themselves personally +responsible for the acts of their so-called agents under it. They had no +natural right to impose it, as law, upon a single human being. The whole +proceeding was a pure usurpation. + +In practice, the Constitution has been an utter fraud from the +beginning. Professing to have been "ordained and established" by "_we, +the people of the United States_," it has never been submitted to them, +as individuals, for their voluntary acceptance or rejection. They have +never been asked to sign, seal, acknowledge, or deliver it, as their +free act and deed. They have never signed, sealed, acknowledged, or +delivered it, or promised, or laid themselves under any kind of +obligation, to obey it. Very few of them have ever read, or even seen +it; or ever will read or see it. Of its legal meaning (if it can be said +to have any) they really know nothing; and never did, nor ever will, +know anything. + +Why is it, Sir, that such an instrument as the Constitution, for which +nobody has been responsible, and of which few persons have ever known +anything, has been suffered to stand, for the last ninety years, and to +be used for such audacious and criminal purposes? It is solely because +it has been sustained by the same kind of conspiracy as that by which it +was established; that is, by the wealth and the power of those few who +were to profit by the arbitrary dominion it was assumed to give them +over others. While the poor, the weak, and the ignorant, who were to be +cheated, plundered, and enslaved by it, have been told, and some of them +doubtless made to believe, that it is a sacred instrument, designed for +the preservation of their rights. + +These cheated, plundered, and enslaved persons have been made to feel, +if not to believe, that the Constitution had such miraculous power, that +it could authorize the majority (or even a plurality) of the male +adults, for the time being--a majority numbering at this time, say, five +millions in all--to exercise, through their agents, secretly appointed, +an arbitrary and irresponsible dominion over the properties, liberties, +and lives of the whole fifty millions; and that these fifty millions +have no rightful alternative but to submit all their rights to this +arbitrary dominion, or suffer such confiscation, imprisonment, or death +as this secretly appointed, irresponsible cabal, of so-called +legislators, should see fit to resort to for the maintenance of its +power. + +As might have been expected, and as was, to a large degree, at least, +intended, this Constitution has been used from the beginning by +ambitious, rapacious, and unprincipled men, to enable them to maintain, +at the point of the bayonet, an arbitrary and irresponsible dominion +over those who were too ignorant and too weak to protect themselves +against the conspirators who had thus combined to deceive, plunder, and +enslave them. + +Do you really think, Sir, that such a constitution as this can avail to +justify those who, like yourself, are engaged in enforcing it? Is it not +plain, rather, that the members of Congress, as a legislative body, +whether they are conscious of it or not, are, in reality, a mere cabal +of swindlers, usurpers, tyrants and robbers? Is it not plain that they +are stupendous blockheads, if they imagine that they are anything else +than such a cabal? or that their so-called laws impose the least +obligation upon anybody? + +If you have never before looked at this matter in this light, I ask you +to do so now. And in the hope to aid you in doing so candidly, and to +some useful purpose, I take the liberty to mail for you a pamphlet +entitled: + + "NATURAL LAW; OR THE SCIENCE OF JUSTICE; a Treatise on Natural + Law, Natural Justice, Natural Rights, Natural Liberty, and + Natural Society; Showing That All Legislation Whatsoever Is an + Absurdity, a Usurpation, and a Crime. Part I." + +In this pamphlet, I have endeavored to controvert distinctly the +proposition that, by any possible process whatever, any man, or body of +men, can become possessed of any right of arbitrary dominion over other +men, or other men's property; or, consequently, any right whatever to +make any law whatever, of their own--distinct from the law of +nature--and compel any other men to obey it. + +I trust I need not suspect you, as a legislator under the Constitution, +and claiming to be an honest man, of any desire to evade the issue +presented in this pamphlet. If you shall see fit to meet it, I hope you +will excuse me for suggesting that--to avoid verbiage, and everything +indefinite--you give at least a single specimen of a law that either +heretofore has been made, or that you conceive it possible for +legislators to make--that is, some law of their own device--that either +has been, or shall be, really and truly obligatory upon other persons, +and which such other persons have been, or may be, rightfully compelled +to obey. + +If you can either find or devise any such law, I trust you will make it +known, that it may be examined, and the question of its obligation be +fairly settled in the popular mind. + +But if it should happen that you can neither find such a law in the +existing statute books of the United States, nor, in your own mind, +conceive of such a law as possible under the Constitution, I give you +leave to find it, if that be possible, in the constitution or statute +book of any other people that now exist, or ever have existed, on the +earth. + +If, finally, you shall find no such law, anywhere, nor be able to +conceive of any such law yourself, I take the liberty to suggest that it +is your imperative duty to submit the question to your associate +legislators; and, if they can give no light on the subject, that you +call upon them to burn all the existing statute books of the United +States, and then to go home and content themselves with the exercise of +only such rights and powers as nature has given to them in common with +the rest of mankind. + + + + + +End of Project Gutenberg's A Letter to Thomas F. Bayard, by Lysander Spooner + +*** END OF THIS PROJECT GUTENBERG EBOOK A LETTER TO THOMAS F. BAYARD *** + +***** This file should be named 36161.txt or 36161.zip ***** +This and all associated files of various formats will be found in: + https://www.gutenberg.org/3/6/1/6/36161/ + +Produced by Katie Hernandez, Susan Goble, Curtis Weyant +and the Online Distributed Proofreading Team at +https://www.pgdp.net + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. Special rules, +set forth in the General Terms of Use part of this license, apply to +copying and distributing Project Gutenberg-tm electronic works to +protect the PROJECT GUTENBERG-tm concept and trademark. Project +Gutenberg is a registered trademark, and may not be used if you +charge for the eBooks, unless you receive specific permission. If you +do not charge anything for copies of this eBook, complying with the +rules is very easy. You may use this eBook for nearly any purpose +such as creation of derivative works, reports, performances and +research. They may be modified and printed and given away--you may do +practically ANYTHING with public domain eBooks. Redistribution is +subject to the trademark license, especially commercial +redistribution. + + + +*** START: FULL LICENSE *** + +THE FULL PROJECT GUTENBERG LICENSE +PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK + +To protect the Project Gutenberg-tm mission of promoting the free +distribution of electronic works, by using or distributing this work +(or any other work associated in any way with the phrase "Project +Gutenberg"), you agree to comply with all the terms of the Full Project +Gutenberg-tm License (available with this file or online at +https://gutenberg.org/license). + + +Section 1. General Terms of Use and Redistributing Project Gutenberg-tm +electronic works + +1.A. By reading or using any part of this Project Gutenberg-tm +electronic work, you indicate that you have read, understand, agree to +and accept all the terms of this license and intellectual property +(trademark/copyright) agreement. If you do not agree to abide by all +the terms of this agreement, you must cease using and return or destroy +all copies of Project Gutenberg-tm electronic works in your possession. +If you paid a fee for obtaining a copy of or access to a Project +Gutenberg-tm electronic work and you do not agree to be bound by the +terms of this agreement, you may obtain a refund from the person or +entity to whom you paid the fee as set forth in paragraph 1.E.8. + +1.B. "Project Gutenberg" is a registered trademark. It may only be +used on or associated in any way with an electronic work by people who +agree to be bound by the terms of this agreement. There are a few +things that you can do with most Project Gutenberg-tm electronic works +even without complying with the full terms of this agreement. See +paragraph 1.C below. There are a lot of things you can do with Project +Gutenberg-tm electronic works if you follow the terms of this agreement +and help preserve free future access to Project Gutenberg-tm electronic +works. See paragraph 1.E below. + +1.C. The Project Gutenberg Literary Archive Foundation ("the Foundation" +or PGLAF), owns a compilation copyright in the collection of Project +Gutenberg-tm electronic works. Nearly all the individual works in the +collection are in the public domain in the United States. If an +individual work is in the public domain in the United States and you are +located in the United States, we do not claim a right to prevent you from +copying, distributing, performing, displaying or creating derivative +works based on the work as long as all references to Project Gutenberg +are removed. Of course, we hope that you will support the Project +Gutenberg-tm mission of promoting free access to electronic works by +freely sharing Project Gutenberg-tm works in compliance with the terms of +this agreement for keeping the Project Gutenberg-tm name associated with +the work. You can easily comply with the terms of this agreement by +keeping this work in the same format with its attached full Project +Gutenberg-tm License when you share it without charge with others. + +1.D. The copyright laws of the place where you are located also govern +what you can do with this work. Copyright laws in most countries are in +a constant state of change. If you are outside the United States, check +the laws of your country in addition to the terms of this agreement +before downloading, copying, displaying, performing, distributing or +creating derivative works based on this work or any other Project +Gutenberg-tm work. The Foundation makes no representations concerning +the copyright status of any work in any country outside the United +States. + +1.E. Unless you have removed all references to Project Gutenberg: + +1.E.1. The following sentence, with active links to, or other immediate +access to, the full Project Gutenberg-tm License must appear prominently +whenever any copy of a Project Gutenberg-tm work (any work on which the +phrase "Project Gutenberg" appears, or with which the phrase "Project +Gutenberg" is associated) is accessed, displayed, performed, viewed, +copied or distributed: + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + +1.E.2. If an individual Project Gutenberg-tm electronic work is derived +from the public domain (does not contain a notice indicating that it is +posted with permission of the copyright holder), the work can be copied +and distributed to anyone in the United States without paying any fees +or charges. If you are redistributing or providing access to a work +with the phrase "Project Gutenberg" associated with or appearing on the +work, you must comply either with the requirements of paragraphs 1.E.1 +through 1.E.7 or obtain permission for the use of the work and the +Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or +1.E.9. + +1.E.3. If an individual Project Gutenberg-tm electronic work is posted +with the permission of the copyright holder, your use and distribution +must comply with both paragraphs 1.E.1 through 1.E.7 and any additional +terms imposed by the copyright holder. Additional terms will be linked +to the Project Gutenberg-tm License for all works posted with the +permission of the copyright holder found at the beginning of this work. + +1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm +License terms from this work, or any files containing a part of this +work or any other work associated with Project Gutenberg-tm. + +1.E.5. Do not copy, display, perform, distribute or redistribute this +electronic work, or any part of this electronic work, without +prominently displaying the sentence set forth in paragraph 1.E.1 with +active links or immediate access to the full terms of the Project +Gutenberg-tm License. + +1.E.6. You may convert to and distribute this work in any binary, +compressed, marked up, nonproprietary or proprietary form, including any +word processing or hypertext form. However, if you provide access to or +distribute copies of a Project Gutenberg-tm work in a format other than +"Plain Vanilla ASCII" or other format used in the official version +posted on the official Project Gutenberg-tm web site (www.gutenberg.org), +you must, at no additional cost, fee or expense to the user, provide a +copy, a means of exporting a copy, or a means of obtaining a copy upon +request, of the work in its original "Plain Vanilla ASCII" or other +form. Any alternate format must include the full Project Gutenberg-tm +License as specified in paragraph 1.E.1. + +1.E.7. Do not charge a fee for access to, viewing, displaying, +performing, copying or distributing any Project Gutenberg-tm works +unless you comply with paragraph 1.E.8 or 1.E.9. + +1.E.8. You may charge a reasonable fee for copies of or providing +access to or distributing Project Gutenberg-tm electronic works provided +that + +- You pay a royalty fee of 20% of the gross profits you derive from + the use of Project Gutenberg-tm works calculated using the method + you already use to calculate your applicable taxes. The fee is + owed to the owner of the Project Gutenberg-tm trademark, but he + has agreed to donate royalties under this paragraph to the + Project Gutenberg Literary Archive Foundation. Royalty payments + must be paid within 60 days following each date on which you + prepare (or are legally required to prepare) your periodic tax + returns. Royalty payments should be clearly marked as such and + sent to the Project Gutenberg Literary Archive Foundation at the + address specified in Section 4, "Information about donations to + the Project Gutenberg Literary Archive Foundation." + +- You provide a full refund of any money paid by a user who notifies + you in writing (or by e-mail) within 30 days of receipt that s/he + does not agree to the terms of the full Project Gutenberg-tm + License. You must require such a user to return or + destroy all copies of the works possessed in a physical medium + and discontinue all use of and all access to other copies of + Project Gutenberg-tm works. + +- You provide, in accordance with paragraph 1.F.3, a full refund of any + money paid for a work or a replacement copy, if a defect in the + electronic work is discovered and reported to you within 90 days + of receipt of the work. + +- You comply with all other terms of this agreement for free + distribution of Project Gutenberg-tm works. + +1.E.9. If you wish to charge a fee or distribute a Project Gutenberg-tm +electronic work or group of works on different terms than are set +forth in this agreement, you must obtain permission in writing from +both the Project Gutenberg Literary Archive Foundation and Michael +Hart, the owner of the Project Gutenberg-tm trademark. Contact the +Foundation as set forth in Section 3 below. + +1.F. + +1.F.1. Project Gutenberg volunteers and employees expend considerable +effort to identify, do copyright research on, transcribe and proofread +public domain works in creating the Project Gutenberg-tm +collection. Despite these efforts, Project Gutenberg-tm electronic +works, and the medium on which they may be stored, may contain +"Defects," such as, but not limited to, incomplete, inaccurate or +corrupt data, transcription errors, a copyright or other intellectual +property infringement, a defective or damaged disk or other medium, a +computer virus, or computer codes that damage or cannot be read by +your equipment. + +1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right +of Replacement or Refund" described in paragraph 1.F.3, the Project +Gutenberg Literary Archive Foundation, the owner of the Project +Gutenberg-tm trademark, and any other party distributing a Project +Gutenberg-tm electronic work under this agreement, disclaim all +liability to you for damages, costs and expenses, including legal +fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT +LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE +PROVIDED IN PARAGRAPH 1.F.3. YOU AGREE THAT THE FOUNDATION, THE +TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE +LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR +INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH +DAMAGE. + +1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a +defect in this electronic work within 90 days of receiving it, you can +receive a refund of the money (if any) you paid for it by sending a +written explanation to the person you received the work from. If you +received the work on a physical medium, you must return the medium with +your written explanation. The person or entity that provided you with +the defective work may elect to provide a replacement copy in lieu of a +refund. If you received the work electronically, the person or entity +providing it to you may choose to give you a second opportunity to +receive the work electronically in lieu of a refund. If the second copy +is also defective, you may demand a refund in writing without further +opportunities to fix the problem. + +1.F.4. Except for the limited right of replacement or refund set forth +in paragraph 1.F.3, this work is provided to you 'AS-IS' WITH NO OTHER +WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO +WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE. + +1.F.5. Some states do not allow disclaimers of certain implied +warranties or the exclusion or limitation of certain types of damages. +If any disclaimer or limitation set forth in this agreement violates the +law of the state applicable to this agreement, the agreement shall be +interpreted to make the maximum disclaimer or limitation permitted by +the applicable state law. The invalidity or unenforceability of any +provision of this agreement shall not void the remaining provisions. + +1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the +trademark owner, any agent or employee of the Foundation, anyone +providing copies of Project Gutenberg-tm electronic works in accordance +with this agreement, and any volunteers associated with the production, +promotion and distribution of Project Gutenberg-tm electronic works, +harmless from all liability, costs and expenses, including legal fees, +that arise directly or indirectly from any of the following which you do +or cause to occur: (a) distribution of this or any Project Gutenberg-tm +work, (b) alteration, modification, or additions or deletions to any +Project Gutenberg-tm work, and (c) any Defect you cause. + + +Section 2. Information about the Mission of Project Gutenberg-tm + +Project Gutenberg-tm is synonymous with the free distribution of +electronic works in formats readable by the widest variety of computers +including obsolete, old, middle-aged and new computers. It exists +because of the efforts of hundreds of volunteers and donations from +people in all walks of life. + +Volunteers and financial support to provide volunteers with the +assistance they need are critical to reaching Project Gutenberg-tm's +goals and ensuring that the Project Gutenberg-tm collection will +remain freely available for generations to come. In 2001, the Project +Gutenberg Literary Archive Foundation was created to provide a secure +and permanent future for Project Gutenberg-tm and future generations. +To learn more about the Project Gutenberg Literary Archive Foundation +and how your efforts and donations can help, see Sections 3 and 4 +and the Foundation web page at https://www.pglaf.org. + + +Section 3. Information about the Project Gutenberg Literary Archive +Foundation + +The Project Gutenberg Literary Archive Foundation is a non profit +501(c)(3) educational corporation organized under the laws of the +state of Mississippi and granted tax exempt status by the Internal +Revenue Service. The Foundation's EIN or federal tax identification +number is 64-6221541. Its 501(c)(3) letter is posted at +https://pglaf.org/fundraising. Contributions to the Project Gutenberg +Literary Archive Foundation are tax deductible to the full extent +permitted by U.S. federal laws and your state's laws. + +The Foundation's principal office is located at 4557 Melan Dr. S. +Fairbanks, AK, 99712., but its volunteers and employees are scattered +throughout numerous locations. Its business office is located at +809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email +business@pglaf.org. Email contact links and up to date contact +information can be found at the Foundation's web site and official +page at https://pglaf.org + +For additional contact information: + Dr. Gregory B. Newby + Chief Executive and Director + gbnewby@pglaf.org + + +Section 4. Information about Donations to the Project Gutenberg +Literary Archive Foundation + +Project Gutenberg-tm depends upon and cannot survive without wide +spread public support and donations to carry out its mission of +increasing the number of public domain and licensed works that can be +freely distributed in machine readable form accessible by the widest +array of equipment including outdated equipment. Many small donations +($1 to $5,000) are particularly important to maintaining tax exempt +status with the IRS. + +The Foundation is committed to complying with the laws regulating +charities and charitable donations in all 50 states of the United +States. Compliance requirements are not uniform and it takes a +considerable effort, much paperwork and many fees to meet and keep up +with these requirements. We do not solicit donations in locations +where we have not received written confirmation of compliance. To +SEND DONATIONS or determine the status of compliance for any +particular state visit https://pglaf.org + +While we cannot and do not solicit contributions from states where we +have not met the solicitation requirements, we know of no prohibition +against accepting unsolicited donations from donors in such states who +approach us with offers to donate. + +International donations are gratefully accepted, but we cannot make +any statements concerning tax treatment of donations received from +outside the United States. U.S. laws alone swamp our small staff. + +Please check the Project Gutenberg Web pages for current donation +methods and addresses. Donations are accepted in a number of other +ways including including checks, online payments and credit card +donations. To donate, please visit: https://pglaf.org/donate + + +Section 5. General Information About Project Gutenberg-tm electronic +works. + +Professor Michael S. Hart was the originator of the Project Gutenberg-tm +concept of a library of electronic works that could be freely shared +with anyone. For thirty years, he produced and distributed Project +Gutenberg-tm eBooks with only a loose network of volunteer support. + + +Project Gutenberg-tm eBooks are often created from several printed +editions, all of which are confirmed as Public Domain in the U.S. +unless a copyright notice is included. Thus, we do not necessarily +keep eBooks in compliance with any particular paper edition. + + +Most people start at our Web site which has the main PG search facility: + + https://www.gutenberg.org + +This Web site includes information about Project Gutenberg-tm, +including how to make donations to the Project Gutenberg Literary +Archive Foundation, how to help produce our new eBooks, and how to +subscribe to our email newsletter to hear about new eBooks. diff --git a/36161.zip b/36161.zip Binary files differnew file mode 100644 index 0000000..6518d2c --- /dev/null +++ b/36161.zip diff --git a/LICENSE.txt b/LICENSE.txt new file mode 100644 index 0000000..6312041 --- /dev/null +++ b/LICENSE.txt @@ -0,0 +1,11 @@ +This eBook, including all associated images, markup, improvements, +metadata, and any other content or labor, has been confirmed to be +in the PUBLIC DOMAIN IN THE UNITED STATES. + +Procedures for determining public domain status are described in +the "Copyright How-To" at https://www.gutenberg.org. + +No investigation has been made concerning possible copyrights in +jurisdictions other than the United States. Anyone seeking to utilize +this eBook outside of the United States should confirm copyright +status under the laws that apply to them. diff --git a/README.md b/README.md new file mode 100644 index 0000000..b6890c6 --- /dev/null +++ b/README.md @@ -0,0 +1,2 @@ +Project Gutenberg (https://www.gutenberg.org) public repository for +eBook #36161 (https://www.gutenberg.org/ebooks/36161) |