WEBVTT NOTE Section XI 1 00:00:00.000 --> 00:00:02.640 Section 11. 2 00:00:02.640 --> 00:00:07.740 On general principles of law and reason, the oaths which these pretended agents of the 3 00:00:07.740 --> 00:00:13.460 people take to support the Constitution are of no validity or obligation. 4 00:00:13.460 --> 00:00:14.500 And why? 5 00:00:14.500 --> 00:00:19.680 For this, if for no other reason, that is, that they are given to nobody. 6 00:00:19.680 --> 00:00:25.780 There is no privity, as the lawyers say, that is, no mutual recognition, consent, and agreement 7 00:00:25.780 --> 00:00:30.400 between those who take these oaths and any other persons. 8 00:00:30.400 --> 00:00:35.660 If I go upon Boston Common, and in the presence of a hundred thousand people, men, women and 9 00:00:35.660 --> 00:00:40.460 children with whom I have no contract on the subject, take an oath that I will enforce 10 00:00:40.460 --> 00:00:47.560 upon them the laws of Moses, of Lysergius, of Solan, of Justinian, or of Alfred, that 11 00:00:47.560 --> 00:00:52.340 oath is, on general principles of law and reason, of no obligation. 12 00:00:52.340 --> 00:00:57.540 It is of no obligation, not merely because it is intrinsically a criminal one, but also 13 00:00:57.540 --> 00:01:02.820 because it is given to nobody, and consequently pledges my faith to nobody. 14 00:01:02.820 --> 00:01:04.980 It is merely given to the winds. 15 00:01:04.980 --> 00:01:09.380 It would not alter the case at all to say that among these hundred thousand persons 16 00:01:09.380 --> 00:01:15.140 in whose presence the oath was taken, there were two, three, or five thousand male adults 17 00:01:15.140 --> 00:01:20.480 who had secretly, by secret ballot, and in a way to avoid making themselves individually 18 00:01:20.480 --> 00:01:25.760 be known to me, or to the remainder of the hundred thousand, designated me as their agent 19 00:01:25.760 --> 00:01:31.840 to rule, control, plunder, and if need be murder these hundred thousand people. 20 00:01:31.840 --> 00:01:36.200 The fact that they had designated me secretly, and in a manner to prevent my knowing them 21 00:01:36.200 --> 00:01:42.080 individually, prevents all privity between them and me, and consequently makes it impossible 22 00:01:42.080 --> 00:01:46.760 that there can be any contract or pledge of faith on my part towards them. 23 00:01:46.760 --> 00:01:52.080 For it is impossible that I can pledge my faith in any legal sense to a man whom I neither 24 00:01:52.080 --> 00:01:55.680 know nor have any means of knowing individually. 25 00:01:55.680 --> 00:02:00.840 So far as I am concerned, then, these two, three, or five thousand persons are a secret 26 00:02:00.840 --> 00:02:07.200 band of robbers and murderers who have secretly, and in a way to save themselves from all responsibility 27 00:02:07.200 --> 00:02:13.220 for my acts, designated me as their agent, and have, through some other agent, or pretended 28 00:02:13.220 --> 00:02:16.400 agent, made their wishes known to me. 29 00:02:16.400 --> 00:02:22.000 But being nevertheless individually unknown to me, and having no open, authentic contract 30 00:02:22.000 --> 00:02:28.040 with me, my oath is, on general principles of law and reason, of no validity, as a pledge 31 00:02:28.040 --> 00:02:29.760 of faith to them. 32 00:02:29.760 --> 00:02:34.200 And being no pledge of faith to them, it is no pledge of faith to anybody. 33 00:02:34.200 --> 00:02:35.800 It is mere idle wind. 34 00:02:35.800 --> 00:02:41.200 At most it is only a pledge of faith to an unknown band of robbers and murderers whose 35 00:02:41.200 --> 00:02:44.200 for Plundering and Murdering Other People 36 00:02:44.200 --> 00:02:47.200 I thus publicly confess myself to be. 37 00:02:47.200 --> 00:02:54.200 And it has no other obligation than a similar oath given to any other unknown body of pirates, robbers and murderers. 38 00:02:54.200 --> 00:02:59.200 For these reasons, the oaths taken by members of Congress to support the Constitution 39 00:02:59.200 --> 00:03:03.200 are, on general principles of law and reason, of no validity. 40 00:03:03.200 --> 00:03:07.200 They are not only criminal in themselves and therefore void, 41 00:03:07.200 --> 00:03:11.380 They are also void for the further reason that they are given to nobody. 42 00:03:11.380 --> 00:03:16.080 It cannot be said that in any legitimate or legal sense, they are given to the people 43 00:03:16.080 --> 00:03:21.140 of the United States, because neither the whole nor any large portion of the whole people 44 00:03:21.140 --> 00:03:27.340 of the United States ever either openly or secretly appointed or designated these men 45 00:03:27.340 --> 00:03:30.820 as their agents to carry the Constitution into effect. 46 00:03:30.820 --> 00:03:36.020 The great body of the people, that is men, women and children, were never asked or even 47 00:03:36.020 --> 00:03:49.540 The most that these members of Congress can say in favor of their appointment is simply this. 48 00:03:49.540 --> 00:03:51.540 Each one can say for himself, 49 00:04:06.020 --> 00:04:29.020 I have no certain means of knowing who these men are individually, for they sign no papers and give no open, authentic evidence of their individual membership. 50 00:04:29.020 --> 00:04:32.020 They are not known individually even to each other. 51 00:04:32.020 --> 00:04:38.020 They are apparently as much afraid of being individually known to each other as being known to other persons. 52 00:04:38.020 --> 00:04:44.020 Hence they ordinarily have no mode either of exercising or of making known their individual membership, 53 00:04:44.020 --> 00:04:49.020 otherwise than by giving their votes secretly for certain agents to do their will. 54 00:04:49.020 --> 00:04:54.020 But although these men are individually unknown, both to each other and to other persons, 55 00:04:54.020 --> 00:05:02.020 For all male persons, it is generally understood in the country that none but male persons of the age of 21 years and upwards can be members. 56 00:05:02.020 --> 00:05:17.020 It is also generally understood that all male persons born in the country, having certain complexions and in some localities certain amounts of property, and in certain cases, even persons of foreign birth, are permitted to be members. 57 00:05:17.020 --> 00:05:24.460 But it appears that usually not more than one-half, two-thirds, or in some cases, three-fourths 58 00:05:24.460 --> 00:05:29.380 of all who are thus permitted to become members of the band ever exercise or consequently 59 00:05:29.380 --> 00:05:34.360 prove their actual membership in the only mode in which they ordinarily can exercise 60 00:05:34.360 --> 00:05:39.860 or prove it, that is, by giving their votes secretly for the officers or agents of the 61 00:05:39.860 --> 00:05:41.220 band. 62 00:05:41.220 --> 00:05:45.820 The number of these secret votes, so far as we have any account of them, varies greatly 63 00:05:45.820 --> 00:05:50.340 from year to year, thus tending to prove that the band, instead of being a permanent 64 00:05:50.340 --> 00:05:55.700 organization, is a merely pro tempore affair with those who choose to act with it for the 65 00:05:55.700 --> 00:05:57.060 time being. 66 00:05:57.060 --> 00:06:01.220 The gross number of these secret votes, or what purports to be their gross number in 67 00:06:01.220 --> 00:06:04.620 different localities, is occasionally published. 68 00:06:04.620 --> 00:06:08.620 Whether these reports are accurate or not, we have no means of knowing. 69 00:06:08.620 --> 00:06:13.260 It is generally supposed that great frauds are often committed in depositing them. 70 00:06:13.260 --> 00:06:17.660 They are understood to be received and counted by certain men, who are themselves appointed 71 00:06:17.660 --> 00:06:22.820 for that purpose by the same secret process by which all other officers and agents of 72 00:06:22.820 --> 00:06:25.180 the band are selected. 73 00:06:25.180 --> 00:06:30.220 According to the reports of these receivers of votes, for whose accuracy or honesty, however, 74 00:06:30.220 --> 00:06:35.260 I cannot vouch, and according to my best knowledge of the whole number of male persons in my 75 00:06:35.260 --> 00:06:41.640 district, who, it is supposed, were permitted to vote, it would appear that one-half, two-thirds, 76 00:06:41.640 --> 00:06:44.480 or three-fourths actually did vote. 77 00:06:44.480 --> 00:06:49.280 Who the men were individually who cast these votes, I have no knowledge, for the whole 78 00:06:49.280 --> 00:06:51.600 thing was done secretly. 79 00:06:51.600 --> 00:06:56.440 But of the secret votes thus given for what they call a member of Congress, the receivers 80 00:06:56.440 --> 00:07:01.600 reported that I had a majority, or at least a larger number than any one person. 81 00:07:01.600 --> 00:07:05.900 And it is only by virtue of such a designation that I am now here to act in concert with 82 00:07:05.900 --> 00:07:09.880 other persons similarly selected in other parts of the country. 83 00:07:09.880 --> 00:07:14.480 It is understood among those who sent me here that all persons so selected will, on coming 84 00:07:14.480 --> 00:07:18.780 together at the City of Washington, take an oath in each other's presence to support 85 00:07:18.780 --> 00:07:21.340 the Constitution of the United States. 86 00:07:21.340 --> 00:07:25.180 By this it is meant a certain paper that was drawn up eighty years ago. 87 00:07:25.180 --> 00:07:29.980 It was never signed by anybody and apparently has no obligation and never had any obligation 88 00:07:29.980 --> 00:07:30.980 as a contract. 89 00:07:30.980 --> 00:07:36.460 In fact, few persons ever read it, and doubtless much the largest number of those who voted 90 00:07:36.460 --> 00:07:41.580 for me and the others never even saw it or now pretend to know what it means. 91 00:07:41.580 --> 00:07:45.920 Nevertheless, it is often spoken of in the country as the Constitution of the United 92 00:07:45.920 --> 00:07:51.620 States, and for some reason or another, the men who sent me here seem to expect that I, 93 00:07:51.620 --> 00:07:56.260 and all with whom I act, will swear to carry this Constitution into effect. 94 00:07:56.260 --> 00:08:00.980 I am therefore ready to take this oath and to cooperate with all others similarly selected 95 00:08:00.980 --> 00:08:02.940 who are ready to take the same oath. 96 00:08:02.940 --> 00:08:08.500 This is the most that any member of Congress can say in proof that he has any constituency, 97 00:08:08.500 --> 00:08:14.460 that he represents anybody, that his oath to support the Constitution is given to anybody, 98 00:08:14.460 --> 00:08:17.180 or pledges his faith to anybody. 99 00:08:17.180 --> 00:08:23.320 He has no open, written, or other authentic evidence such as is required in all other 100 00:08:23.320 --> 00:08:28.300 cases that he ever was appointed the agent or representative of anybody. 101 00:08:28.300 --> 00:08:31.920 He has no written power of attorney from any single individual. 102 00:08:31.920 --> 00:08:37.280 He has no such legal knowledge as is required in all other cases by which he can identify 103 00:08:37.280 --> 00:08:41.600 a single one of those who pretend to have appointed him to represent them. 104 00:08:41.600 --> 00:08:47.080 Of course his oath, professedly given to them, to support the Constitution, is, on general 105 00:08:47.080 --> 00:08:50.980 principles of law and reason, an oath given to nobody. 106 00:08:50.980 --> 00:08:53.140 It pledges his faith to nobody. 107 00:08:53.140 --> 00:08:58.400 If he fails to fulfill his oath, not a single person can come forward and say to him, you 108 00:08:58.400 --> 00:09:01.320 have betrayed me or broken faith with me. 109 00:09:01.320 --> 00:09:06.400 No one can come forward and say to him, I appointed you my attorney to act for me. 110 00:09:06.400 --> 00:09:11.520 I required you to swear that as my attorney you would support the Constitution. 111 00:09:11.520 --> 00:09:16.560 You promised me that you would do so, and have now forfeited the oath you gave me. 112 00:09:16.560 --> 00:09:18.920 No single individual can say this. 113 00:09:18.920 --> 00:09:24.280 No open, avowed, or responsible association or body of men can come forward and say to 114 00:09:24.280 --> 00:09:28.060 him, we appointed you our attorney to act for us. 115 00:09:28.060 --> 00:09:32.720 We required you to swear that as our attorney he would support the Constitution. 116 00:09:32.720 --> 00:09:38.660 You promised us that you would do so and now you have forfeited the oath you gave to us. 117 00:09:38.660 --> 00:09:44.180 No open, avowed, or responsible association or body of men can say this to him, because 118 00:09:44.180 --> 00:09:48.580 there is no such association or body of men in existence. 119 00:09:48.580 --> 00:09:53.140 If anyone should assert that there is such an association, let him prove, if he can, 120 00:09:53.140 --> 00:09:54.540 who composed it. 121 00:09:54.540 --> 00:10:00.900 Let him produce, if he can, any open, written or other authentic contract signed or agreed 122 00:10:00.900 --> 00:10:06.460 to by these men, forming themselves into an association, making themselves known as such 123 00:10:06.460 --> 00:10:11.360 to the world, appointing him as their agent and making themselves individually or as an 124 00:10:11.360 --> 00:10:16.560 association responsible for his acts, done by their authority. 125 00:10:16.560 --> 00:10:21.560 Until all this can be shown, no one can say that in any legitimate sense there is any 126 00:10:21.560 --> 00:10:46.040 On general principles of law and reason, it would be sufficient answer for him to say 127 00:10:46.040 --> 00:10:51.200 to all individuals and all pretended associations of individuals who should accuse him of a 128 00:10:51.200 --> 00:10:55.040 I never knew you. 129 00:10:55.040 --> 00:11:00.920 Where is your evidence that you either individually or collectively ever appointed me your attorney? 130 00:11:00.920 --> 00:11:05.040 That you ever required me to swear to you that as your attorney I would support the 131 00:11:05.040 --> 00:11:09.800 Constitution, or that I have now broken any faith I ever pledged to you? 132 00:11:09.800 --> 00:11:15.600 You may or may not be members of that secret band of robbers and murderers who act in secret, 133 00:11:15.600 --> 00:11:20.200 appoint their agents by secret ballot, who keep themselves individually unknown even 134 00:11:20.200 --> 00:11:24.360 into the agents they thus appoint, and who, therefore, cannot claim that they have any 135 00:11:24.360 --> 00:11:29.840 agents or that any of their pretended agents ever gave his oath or pledged his faith to 136 00:11:29.840 --> 00:11:30.840 them. 137 00:11:30.840 --> 00:11:32.920 I repudiate you altogether. 138 00:11:32.920 --> 00:11:37.800 My oath was given to others with whom you have nothing to do, or it was idle wind given 139 00:11:37.800 --> 00:11:39.680 only to the idle winds. 140 00:11:39.680 --> 00:11:40.180 Begone.