II.

Let us consider these two matters, voting and tax paying, separately.

And first of voting.

All the voting that has ever taken place under the Constitution, has

been of such a kind that it not only did not pledge the whole people to

support the Constitution, but it did not even pledge any one of them to

do so, as the following considerations show.

1. In the very nature of things, the act of voting could bind nobody

but the actual voters. But owing to the property qualifications

required, it is probable that, during the first twenty or thirty years

under the Constitution, not more than one-tenth, fifteenth, or perhaps

twentieth of the whole population (black and white, men, women, and

minors) were permitted to vote. Consequently, so far as voting was

concerned, not more than one-tenth, fifteenth, or twentieth of those

then existing, could have incurred any obligation to support the

Constitution.

At the present time, it is probable that not more than one-sixth of the

whole population are permitted to vote. Consequently, so far as voting

is concerned, the other five-sixths can have given no pledge that they

will support the Constitution.

2. Of the one-sixth that are permitted to vote, probably not more than

two-thirds (about one-ninth of the whole population) have usually voted.

Many never vote at all. Many vote only once in two, three, five, or ten

years, in periods of great excitement.

No one, by voting, can be said to pledge himself for any longer period

than that for which he votes. If, for example, I vote for an officer who

is to hold his office for only a year, I cannot be said to have thereby

pledged myself to support the government beyond that term. Therefore, on

the ground of actual voting, it probably cannot be said that more than

one-ninth or one-eighth, of the whole population are usually under any

pledge to support the Constitution.

3. It cannot be said that, by voting, a man pledges himself to support

the Constitution, unless the act of voting be a perfectly voluntary one

on his part. Yet the act of voting cannot properly be called a

voluntary one on the part of any very large number of those who do vote.

It is rather a measure of necessity imposed upon them by others, than

one of their own choice. On this point I repeat what was said in a

former number,[a] viz.:

"In truth, in the case of individuals, their actual voting is

not to be taken as proof of consent, _even for the time being_.

On the contrary, it is to be considered that, without his

consent having even been asked a man finds himself environed by

a government that he cannot resist; a government that forces him

to pay money, render service, and forego the exercise of many of

his natural rights, under peril of weighty punishments. He sees,

too, that other men practice this tyranny over him by the use of

the ballot. He sees further, that, if he will but use the ballot

himself, he has some chance of relieving himself from this

tyranny of others, by subjecting them to his own. In short, he

finds himself, without his consent, so situated that, if he use

the ballot, he may become a master; if he does not use it, he

must become a slave. And he has no other alternative than these

two. In self-defence, he attempts the former. His case is

analogous to that of a man who has been forced into battle,

where he must either kill others, or be killed himself. Because,

to save his own life in battle, a man attempts to take the lives

of his opponents, it is not to be inferred that the battle is

one of his own choosing. Neither in contests with the

ballot--which is a mere substitute for a bullet--because, as his

only chance of self-preservation, a man uses a ballot, is it to

be inferred that the contest is one into which he voluntarily

entered; that he voluntarily set up all his own natural rights,

as a stake against those of others, to be lost or won by the

mere power of numbers. On the contrary, it is to be considered

that, in an exigency into which he had been forced by others,

and in which no other means of self-defence offered, he, as a

matter of necessity, used the only one that was left to him.

"Doubtless the most miserable of men, under the most oppressive

government in the world, if allowed the ballot, would use it, if

they could see any chance of thereby meliorating their

condition. But it would not, therefore, be a legitimate

inference that the government itself, that crushes them, was one

which they had voluntarily set up, or even consented to.

"Therefore, a man's voting under the Constitution of the United

States, is not to be taken as evidence that he ever freely

assented to the Constitution, _even for the time being_.

Consequently we have no proof that any very large portion, even

of the actual voters of the United States, ever really and

voluntarily consented to the Constitution, _even for the time

being_. Nor can we ever have such proof, until every man is left

perfectly free to consent, or not, without thereby subjecting

himself or his property to be disturbed or injured by others."

As we can have no legal knowledge as to who votes from choice, and who

from the necessity thus forced upon him, we can have no legal knowledge,

as to any particular individual, that he voted from choice; or,

consequently, that by voting, he consented, or pledged himself, to

support the government. Legally speaking, therefore, the act of voting

utterly fails to pledge _any one_ to support the government. It utterly

fails to prove that the government rests upon the voluntary support of

anybody. On general principles of law and reason, it cannot be said that

the government has any voluntary supporters at all, until it can be

distinctly shown who its voluntary supporters are.

4. As taxation is made compulsory on all, whether they vote or not, a

large proportion of those who vote, no doubt do so to prevent their own

money being used against themselves; when, in fact, they would have

gladly abstained from voting, if they could thereby have saved

themselves from taxation alone, to say nothing of being saved from all

the other usurpations and tyrannies of the government. To take a man's

property without his consent, and then to infer his consent because he

attempts, by voting, to prevent that property from being used to his

injury, is a very insufficient proof of his consent to support the

Constitution. It is, in fact, no proof at all. And as we can have no

legal knowledge as to who the particular individuals are, if there are

any, who are willing to be taxed for the sake of voting, we can have no

legal knowledge that any particular individual consents to be taxed for

the sake of voting; or, consequently, consents to support the

Constitution.

5. At nearly all elections, votes are given for various candidates for

the same office. Those who vote for the unsuccessful candidates cannot

properly be said to have voted to sustain the Constitution. They may,

with more reason, be supposed to have voted, not to support the

Constitution, but specially to prevent the tyranny which they anticipate

the successful candidate intends to practice upon them under color of

the Constitution; and therefore may reasonably be supposed to have voted

against the Constitution itself. This supposition is the more

reasonable, inasmuch as such voting is the only mode allowed to them of

expressing their dissent to the Constitution.

6. Many votes are usually given for candidates who have no prospect of

success. Those who give such votes may reasonably be supposed to have

voted as they did, with a special intention, not to support, but to

obstruct the execution of, the Constitution; and, therefore, against the

Constitution itself.

7. As all the different votes are given secretly (by secret ballot),

there is no legal means of knowing, from the votes themselves, who votes

for, and who against, the Constitution. Therefore, voting affords no

legal evidence that any particular individual supports the Constitution.

And where there can be no legal evidence that any particular individual

supports the Constitution, it cannot legally be said that anybody

supports it. It is clearly impossible to have any legal proof of the

intentions of large numbers of men, where there can be no legal proof of

the intentions of any particular one of them.

8. There being no legal proof of any man's intentions, in voting, we can

only conjecture them. As a conjecture, it is probable, that a very large

proportion of those who vote, do so on this principle, viz., that if, by

voting, they could but get the government into their own hands (or that

of their friends), and use its powers against their opponents, they

would then willingly support the Constitution; but if their opponents

are to have the power, and use it against them, then they would _not_

willingly support the Constitution.

In short, men's voluntary support of the Constitution is doubtless, in

most cases, wholly contingent upon the question whether, by means of the

Constitution, they can make themselves masters, or are to be made

slaves.

Such contingent consent as that is, in law and reason, no consent at

all.

9. As everybody who supports the Constitution by voting (if there are

any such) does so secretly (by secret ballot), and in a way to avoid all

personal responsibility for the act of his agents or representatives, it

cannot legally or reasonably be said that anybody at all supports the

Constitution by voting. No man can reasonably or legally be said to do

such a thing as to assent to, or support, the Constitution, _unless he

does it openly, and in a way to make himself personally responsible for

the acts of his agents, so long as they act within the limits of the

power he delegates to them_.

10. As all voting is secret (by secret ballot), and as all secret

governments are necessarily only secret bands of robbers, tyrants, and

murderers, the general fact that our government is practically carried

on by means of such voting, only proves that there is among us a secret

band of robbers, tyrants and murderers, whose purpose is to rob,

enslave, and, so far as necessary to accomplish their purposes, murder,

the rest of the people. The simple fact of the existence of such a band

does nothing towards proving that "the people of the United States," or

any one of them, voluntarily supports the Constitution.

For all the reasons that have now been given, voting furnishes no legal

evidence as to who the particular individuals are (if there are any),

who voluntarily support the Constitution. It therefore furnishes no

legal evidence that anybody supports it voluntarily.

So far, therefore, as voting is concerned, the Constitution, legally

speaking, has no supporters at all.

And, as matter of fact, there is not the slightest probability that the

Constitution has a single bona fide supporter in the country. That is to

say, there is not the slightest probability that there is a single man

in the country, who both understands what the Constitution really is,

_and sincerely supports it for what it really is_.

The ostensible supporters of the Constitution, like the ostensible

supporters of most other governments, are made up of three classes,

viz.: 1. Knaves, a numerous and active class, who see in the government

an instrument which they can use for their own aggrandizement or wealth.

2. Dupes--a large class, no doubt--each of whom, because he is allowed

one voice out of millions in deciding what he may do with his own person

and his own property, and because he is permitted to have the same voice

in robbing, enslaving, and murdering others, that others have in

robbing, enslaving, and murdering himself, is stupid enough to imagine

that he is a "free man," a "sovereign"; that this is "a free

government"; "a government of equal rights," "the best government on

earth,"[b] and such like absurdities. 3. A class who have some

appreciation of the evils of government, but either do not see how to

get rid of them, or do not choose to so far sacrifice their private

interests as to give themselves seriously and earnestly to the work of

making a change.

No Treason, Vol. VI.: The Constitution of No Authority · 第 6 / 27 题