Sir, if any government is to be a rational, consistent, and honest one, it must evidently be based on some fundamental, immutable, eternal principle; such as every man may reasonably agree to, and such as every man may rightfully be compelled to abide by, and obey. And the whole power of the government must be limited to the maintenance of that single principle. And that one principle is justice. There is no other principle that any man can rightfully enforce upon others, or ought to consent to have enforced against himself. Every man claims the protection of this principle for himself, whether he is willing to accord it to others, or not. Yet such is the inconsistency of human nature, that some men—in fact, many men—who will risk their lives for this principle, when their own liberty or property is at stake, will violate it in the most flagrant manner, if they can thereby obtain arbitrary power over the persons or property of others. We have seen this fact illustrated in this country, through its whole history—especially during the last hundred years—and in the case of many of the most conspicuous persons. And their example and influence have been employed to pervert the whole character of the government. It is against such men, that all others, who desire nothing but justice for themselves, and are willing to unite to secure it for all others, must combine, if we are ever to have justice established for any.
Section IV.
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 men's property, which they had not before, as individuals. And whenever any number of men, calling themselves a government, do anything to another man, or to his property, which they had no right to do as individuals they thereby declare themselves trespassers, robbers, or murderers, according to the nature of their acts.
Men, as individuals, may rightfully compel each other to obey this one law of justice. And it is the only law which any man can rightfully be compelled, by his fellow men, to obey. All other laws, it is optional with each man to obey, or not, as he may choose. But this one law of justice he may rightfully be compelled to obey; and all the force that is reasonably necessary to compel him, may rightfully be used against him.
But the right of every man to do anything, and everything, which justice does not forbid him to do, is a natural, inherent, inalienable right. It is his right, as against any and all other men, whether they be many, or few. It is a right indispensable to every man's highest happiness; and to every man's power of judging and determining for himself what will, and what will not, promote his happiness. Any restriction upon the exercise of this right is a restriction upon his rightful power of providing for, and accomplishing, his own well-being.
Sir, these natural, inherent, inalienable, individual rights are sacred things. They are the only human rights. They are the only rights by which any man can protect his own property, liberty, or life against any one who may be disposed to take it away. Consequently they are not things that any set of either blockheads or villains, calling themselves a government, can rightfully take into their own hands, and dispose of at their pleasure, as they have been accustomed to do in this, and in nearly or quite all other countries.
Section V.
Sir, I repeat that individual rights are the only human rights. Legally speaking, there are no such things as "public rights," as distinguished from individual rights. Legally speaking, there is no such creature or thing as "the public." The term "the public" is an utterly vague and indefinite one, applied arbitrarily and at random to a greater or less number of individuals, each and every one of whom have their own separate, individual rights, and none others. And the protection of these separate, individual rights is the one only legitimate purpose, for which anything in the nature of a governing, or coercive, power has a right to exist. And these separate, individual rights all rest upon, and can be ascertained only by, the one science of justice.
Legally speaking, the term "public rights" is as vague and indefinite as are the terms "public health," "public good," "public welfare," and the like. It has no legal meaning, except when used to describe the separate, private, individual rights of a greater or less number of individuals.
In so far as the separate, private, natural rights of individuals are secured, in just so far, and no farther, are the "public rights" secured. In so far as the separate, private, natural rights of individuals are disregarded or violated, in just so far are "public rights" disregarded or violated. Therefore all the pretences of so-called lawmakers, that they are protecting "public rights," by violating private rights, are sheer and utter contradictions and frauds. They are just as false and absurd as it would be to say that they are protecting the public health, by arbitrarily poisoning and destroying the health of single individuals.