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All governments, the worst on earth, and the most tyrannical on earth, are free governments to that portion of the people who voluntarily support them.
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Those who deny the right of a jury to protect an individual in resisting an unjust law of the government, deny him all defence whatsoever against oppression.
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But that the people are stronger than the government, and will resist in extreme cases, our governments would be little or nothing else than organized systems of plunder and oppression.
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For a government to declare a vice to be a crime, and to punish it as such, is an attempt to falsify the very nature of things. It is as absurd as it would be to declare truth to be falsehood, or falsehood truth.
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If men were but to read the New Testament with the same tone and emphasis, with which they do other books, and were to keep out of mind the idea of its being sacred, they would be disgusted with the credulity, and the want of intellect, reason and judgment, that is apparent in it.
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The desertion of Jesus, by his followers, furnishes an argument in support of the supposition that he attempted to be king of the Jews, rather than that he was a superior being.
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The apology, that is constantly put forth for the injustice of government, viz., that a man must consent to give up some of his rights, in order to have his other rights protected - involves a palpable absurdity, both legally and politically.
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Justice is the object of government, and those who support the government, must be agreed as to the justice to be executed by it, or they cannot rightfully unite in maintaining the government itself.
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The right of revolution, which tyrants, in mockery, accord to mankind, is no legal right under a government; it is only a natural right to overturn a government.
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The trial by jury might safely be introduced into a despotic government, if the jury were to exercise no right of judging of the law, or the justice of the law.
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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.'
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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.'
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If it be said that the consent of the strongest party in a nation, is all that is necessary to justify the establishment of a government that shall have authority over the weaker party, it may be answered that the most despotic governments in the world rest upon that very principle, viz.: the consent of the strongest party.
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There can be no criminal intent in resisting injustice.
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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.
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It is with government paper, and bank paper, as it is with the paper of private persons; that is, it is worth just what can be delivered in redemption of it, and no more. We all understand that the notes of the Astors, and Stewarts, and Vanderbilts, though issued by millions, and tens of millions, are really worth their nominal values.
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The rescue of a person, who is assaulted, or restrained of his liberty, without authority of law, is not only morally, but legally, a meritorious act; for every body is under obligation to go to the assistance of one who is assailed by assassins, robbers, ravishers, kidnappers, or ruffians of any kind.
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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.
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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.
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There is not, in the Constitution, a syllable that implies that persons, born within the territorial limits of the United States, have allegiance imposed upon them on account of their birth in the country, or that they will be judged by any different rule, on the subject of treason, than persons of foreign birth.
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The mental capacity of a person to make reasonable contracts, is the only criterion, by which to determine his legal capacity to make obligatory contracts. And his mental capacity to make reasonable contracts is certainly not to be determined by the fact that he is, or is not, twenty-one years of age.
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A man is no less a slave because he is allowed to choose a new master once in a term of years.
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The greatest of all crimes are the wars that are carried on by governments, to plunder, enslave, and destroy mankind.
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Majorities and minorities cannot rightfully be taken at all into account in deciding questions of justice.