Sir, your declaration is so far true, as that all the danger to "our liberty" comes solely from the lawmakers.
And why are the lawmakers dangerous to "our liberty"? Because it is a natural impossibility that they can make any law—that is, any law of their own invention—that does not violate "our liberty."
The law of justice is the one only law that does not violate "our liberty." And that is not a law that was made by the lawmakers. It existed before they were born, and will exist after they are dead. It derives not one particle of its authority from any commands of theirs. It is, therefore, in no sense, one of their laws. Only laws of their own invention are their laws. And as it is naturally impossible that they can invent any law of their own, that shall not conflict with the law of justice, it is naturally impossible that they can make a law—that is, a law of their own invention—that shall not violate "our liberty."
The law of justice is the precise measure, and the only precise measure, of the rightful "liberty" of each and every human being. Any law—made by lawmakers—that should give to any man more liberty than is given him by the law of justice, would be a license to commit an injustice upon one or more other persons. On the other hand, any law—made by lawmakers—that should take from any human being any "liberty" that is given him by the law of justice, would be taking from him a part of his own rightful "liberty."
Inasmuch, then, as every possible law, that can be made by lawmakers, must either give to some one or more persons more "liberty" than the law of nature—or the law of justice—gives them, and more "liberty" than is consistent with the natural and equal "liberty" of all other persons; or else must take from some one or more persons some portion of that "liberty" which the law of nature—or the law of justice—gives to every human being, it is inevitable that every law, that can be made by lawmakers, must be a violation of the natural and rightful "liberty" of some one or more persons.
Therefore the very idea of a lawmaking government—a government that is to make laws of its own invention—is necessarily in direct and inevitable conflict with "our liberty." In fact, the whole, sole, and only real purpose of any lawmaking government whatever is to take from some one or more persons their "liberty." Consequently the only way in which all men can preserve their "liberty," is not to have any lawmaking government at all.
We have been told, time out of mind, that "Eternal vigilance is the price of liberty." But this admonition, by reason of its indefiniteness, has heretofore fallen dead upon the popular mind. It, in reality, tells us nothing that we need to know, to enable us to preserve "our liberty." It does not even tell us what "our liberty" is, or how, or when, or through whom, it is endangered, or destroyed.
1. It does not tell us that individual liberty is the only human liberty. It does not tell us that "national liberty," "political liberty," "republican liberty," "democratic liberty," "constitutional liberty," "liberty under law," and all the other kinds of liberty that men have ever invented, and with which tyrants, as well as demagogues, have amused and cheated the ignorant, are not liberty at all, unless in so far as they may, under certain circumstances, have chanced to contribute something to, or given some impulse toward, individual liberty.
2. It does not tell us that individual liberty means freedom from all compulsion to do anything whatever, except what justice requires us to do, and freedom to do everything whatever that justice permits us to do. It does not tell us that individual liberty means freedom from all human restraint or coercion whatsoever, so long as we "live honestly, hurt nobody, and give to every one his due."
3. It does not tell us that there is any science of liberty; any science, which every man may learn, and by which every man may know, what is, and what is not, his own, and every other man's, rightful "liberty."