If taxation without consent is robbery, the United States government has never had, has not now, and is never likely to have, a single honest dollar in its treasury. If taxation without consent is not robbery, then any band of robbers have only to declare themselves a government, and all their robberies are legalized.
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A mans natural rights are his own, against the whole world; and any infringement of them is equally a crime, whether committed by one man, or by millions; whether committed by one man, calling himself a robber, (or by any other name indicating his true character,) or by millions, calling themselves a government.
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The trial by jury might safely be introduced into a despotic government, if the jury were to exercise no right of judging of the law, or the justice of the law.
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The trial by jury is a trial by the country, in contradistinction to a trial by the government. The jurors are drawn by lot from the mass of the people, for the very purpose of having all classes of minds and feelings, that prevail among the people at large, represented in the jury.
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A slave government is an oligarchy; and one, too, of the most arbitrary and criminal character.
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But whether the Constitution really be one thing, or another, this much is certain - that it has either authorized such a government as we have had, or has been powerless to prevent it. In either case, it is unfit to exist.
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The right of revolution, which tyrants, in mockery, accord to mankind, is no legal right under a government; it is only a natural right to overturn a government.
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Any government, that is its own judge of, and determines authoritatively for the people, what are its own powers over the people, is an absolute government of course. It has all the powers that it chooses to exercise. There is no other or at least no more accurate definition of a despotism than this.
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It is manifest that the only security against the tyranny of the government lies in forcible resistance to the execution of the injustice; because the injustice will certainly be executed, unless it be forcibly resisted.
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The secret ballot makes a secret government and a secret government is a secret band of robbers and murderers.
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It is self-evident that no number of men, by conspiring, and calling themselves a government, can acquire any rights whatever over other men, or other mens property, which they had not before, as individuals.
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Now a slave is not held by any legal contract, obligation, duty, or authority, which the laws will enforce. He is held only by brute force. One person beats another until the latter will obey him, work for him, if he require it, or do nothing if he require it.
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Slavery, if it can be legalized at all, can be legalized only by positive legislation. Natural law gives it no aid. Custom imparts to it no legal sanction.
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It cannot be said that the Constitution formed the people of the United States, for all time, into a corporation. It does not speak of the people as a corporation, but as individuals. A corporation does not describe itself as we, nor as people, nor as ourselves. Nor does a corporation, in legal language, have any posterity.
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The mental capacity of a person to make reasonable contracts, is the only criterion, by which to determine his legal capacity to make obligatory contracts. And his mental capacity to make reasonable contracts is certainly not to be determined by the fact that he is, or is not, twenty-one years of age.
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