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The single despot stands out in the face of all men, and says: I am the State: My will is law: I am your master: I take the responsibility of my acts: The only arbiter I acknowledge is the sword: If any one denies my right, let him try conclusions with me.
Lysander Spooner
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.
Slavery is a wrong to each individual enslaved; and not merely to the first of a series. Natural law, therefore, as much forbids the enslaving of the child, as if the wrong of enslaving the parent had never been perpetrated.
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.'
Our Constitution does not profess to have been established simply by the majority, but by 'the people' - the minority as much as the majority.
If the jury have no right to judge of the justice of a law of the government, they plainly can do nothing to protect the people against the oppressions of the government; for there are no oppressions which the government may not authorize by law.
If physical power be the fountain of law, then law and force are synonymous terms. Or, perhaps, rather, law would be the result of a combination of will and force; of will, united with a physical power sufficient to compel obedience to it, but not necessarily having any moral character whatever.
But for their right to judge of the law, and the justice of the law, juries would be no protection to an accused person, even as to matters of fact; for, if the government can dictate to a jury any law whatever, in a criminal case, it can certainly dictate to them the laws of evidence.
Legislators and judges are necessarily exposed to all the temptations of money, fame, and power, to induce them to disregard justice between parties, and sell the rights, and violate the liberties of the people. Jurors, on the other hand, are exposed to none of these temptations.
The laws recognize no obligation on the part of the slave to labor for or serve his master. If he refuse to labor, the law will not interfere to compel him. The master must do his own flogging, as in the case of an ox or a horse.
When a man says he is building a house for himself and his posterity, he does not mean to be understood as saying that he has any thought of binding them, nor is it to be inferred that he is so foolish as to imagine that he has any right or power to bind them, to live in it.
The imaginations of believers have dressed up and exaggerated the excellence of the style and matter of the New Testament generally, in the same manner, in which they have the moral instructions of Jesus.
No court presumes to tell a jury that they are to try a capital case with the same indifference and unconcern as to consequences, that they would a case where the results of their decision would be less important.
The mere toleration of the slave trade could not make slavery itself - the right of property in man - lawful any where; not even on board the slave ship. Toleration of a wrong is not law.
Even if the Constitution of the United States had intended to recognize slavery, as a constitutional state institution, such intended recognition would have failed of effect, and been legally void, because slavery then had no constitutional existence to be recognized.
Vices are simply the errors which a man makes in his search after his own happiness. Unlike crimes, they imply no malice toward others, and no interference with their persons or property.
That no government, so called, can reasonably be trusted, or reasonably be supposed to have honest purposes in view, any longer than it depends wholly upon voluntary support.
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.
Martyrdom is evidence only of a man's honesty - it is no evidence that he is not mistaken. Men have suffered martyrdom for all sorts of opinions in politics and in religion; yet they could not therefore have all been in the right; although they could give no stronger evidence that they believed themselves in the right.
The right and the physical power of the people to resist injustice, are really the only securities that any people ever can have for their liberties. Practically no government knows any limit to its power but the endurance of the people.
If two individuals enter into a contract to commit trespass, theft, robbery or murder upon a third, the contract is unlawful and void, simply because it is a contract to violate natural justice, or men's natural rights.
If any man's money can be taken by a so-called government, without his own personal consent, all his other rights are taken with it; for with his money the government can, and will, hire soldiers to stand over him, compel him to submit to its arbitrary will, and kill him if he resists.
If a jury have not the right to judge between the government and those who disobey its laws, and resist its oppressions, the government is absolute, and the people, legally speaking, are slaves.
There can be no criminal intent in resisting injustice.