Spooner Lysander

Photo Spooner Lysander
Lysander Spooner (January 19, 1808 β€“ May 14, 1887) was an American individualist anarchist, entrepreneur, political philosopher, abolitionist, supporter of the labor movement, and legal theorist of the nineteenth century. He is also known for competing with the U.S. Post Office with his American Letter Mail Company, which was forced out of business by the United States government. He has been identified by some contemporary writers as an anarcho-capitalist,[1][2] while other writers and activists are convinced by his advocacy of self-employment over working for an employer for wages, that he was an anti-capitalist or a socialist, [3] notwithstanding his support for private ownership of the means of production and a free-market economy. Spooner was born on a farm in Athol, Massachusetts, on January 19, 1808, and died "at one o'clock in the afternoon of Saturday, May 14, 1887, in his little room at 109 Myrtle Street, surrounded by trunks and chests bursting with the books, manuscripts, and pamphlets which he had gathered about him in his active pamphleteer's warfare over half a century long."[4] Later known as an early individualist anarchist, Spooner advocated what he called Natural Law β€“ or the "Science of Justice" β€“ wherein acts of initiatory coercion against individuals and their property were considered "illegal" but the so-called criminal acts that violated only man-made legislation were not. Spooner believed that the price of borrowing capital could be brought down by competition of lenders if the government deregulated banking and money. The low interest rates that he believed would result, he argued, would cause almost every individual to choose to start their own business rather than work for an employer. In his Letter to Cleveland, Spooner argued, "All the great establishments, of every kind, now in the hands of a few proprietors, but employing a great number of wage labourers, would be broken up; for few or no persons, who could hire capital and do business for themselves would consent to labour for wages for another."[5] Spooner took his own advice and started his own business called American Letter Mail Company which competed with the U.S. Post Office. His activism began with his career as a lawyer, which itself violated Massachusetts law. Spooner had studied law under the prominent lawyers and politicians John Davis and Charles Allen, but he had never attended college. According to the laws of the state, college graduates were required to study with an attorney for three years, while non-graduates were required to do so for five years. With the encouragement of his legal mentors, Spooner set up his practice in Worcester after only three years, openly defying the courts. He saw the three-year privilege for college graduates as a state-sponsored discrimination against the poor and also providing a monopoly income to those who met the requirements. He argued that such discrimination was "so monstrous a principle as that the rich ought to be protected by law from the competition of the poor." In 1836, the legislature abolished the restriction. He opposed all licensing requirements for lawyers, doctors or anyone else that was prevented from being employed by such requirements. To prevent a person from doing business with a person without a professional license he saw as a violation of the natural right to contract. After a disappointing legal career - his radical writing seems to have kept away potential clients - and a failed career in real estate speculation in Ohio, Spooner returned to his father's farm in 1840. Postal rates were notoriously high in the 1840s,[6] and in 1844, Spooner founded the American Letter Mail Company, which had offices in various cities, including Baltimore, Philadelphia, and New York.[7] Stamps could be purchased and then attached to letters which could be sent to any of its offices. From here agents were dispatched who traveled on railroads and steamboats, and carried the letters in hand bags. Letters were transferred to messengers in the cities along the routes who then delivered the letters to the addressees. This was a challenge to the United States Post Office's monopoly. As he had done when challenging the rules of the Massachusetts bar, he published a pamphlet titled "The Unconstitutionality of the Laws of Congress Prohibiting Private Mails." Although Spooner had finally found commercial success with his mail company, legal challenges by the government eventually exhausted his financial resources. He closed up shop without ever having had the opportunity to fully litigate his constitutional claims. The lasting legacy of Spooner's challenge to the postal service was the 3-cent stamp, adopted in response to the competition his company provided.[8] Spooner attained his greatest fame as a figure in the abolitionist movement. His most famous work, a book titled The Unconstitutionality of Slavery, was published in 1846 to great acclaim among many abolitionists but criticism from others. Spooner's book contributed to a controversy within the abolitionist movement over whether the United States Constitution supported the institution of slavery. The "disunionist" faction, led by William Lloyd Garrison and Wendell Phillips, argued the Constitution legally recognized and enforced the oppression of slaves (as, for example, in the provisions for the capture of fugitive slaves in Article IV, Section 2). They also cited the frequent appeals to Constitutional compromise by Southern politicians, who insisted that protection of the "peculiar institution" was part of the sectional compromise on which the Constitution was based. The disunionists thus argued that keeping the free states in a political union with the slave states made the citizens of the free states complicit in the slave system, and denounced the Constitution as "a covenant with death and an agreement with hell."[9] Spooner challenged the claim that the text of the Constitution supported slavery. Although he recognized that the Founders had probably not intended to outlaw slavery when writing the Constitution, he argued that only the meaning of the text, not the private intentions of its writers, was enforceable. Spooner used a complex system of legal and natural law arguments in order to show that the clauses usually interpreted as supporting slavery did not, in fact, support it, and that several clauses of the Constitution prohibited the states from establishing slavery under the law. Spooner's arguments were cited by other pro-Constitution abolitionists, such as Gerrit Smith and the Liberty Party, which adopted it as an official text in its 1848 platform. Frederick Douglass, originally a Garrisonian disunionist, later came to accept the pro-Constitution position, and cited Spooner's arguments to explain his change of mind.[10] From the publication of this book until 1861, Spooner actively campaigned against slavery. He published subsequent pamphlets on Jury Nullification and other legal defenses for escaped slaves and offered his legal services, often free of charge, to fugitives. In the late 1850s, copies of his book were distributed to members of Congress sparking some debate over their contents. Even Senator Albert Gallatin Brown of Mississippi, a slavery proponent, praised the argument's intellectual rigor and conceded it was the most formidable legal challenge he had seen from the abolitionists to date. In 1858, Spooner circulated a "Plan for the Abolition of Slavery,"[11] calling for the use of guerrilla warfare against slaveholders by black slaves and non-slaveholding free Southerners, with aid from Northern abolitionists. Spooner also participated in an aborted plot to free John Brown after his capture following the failed raid on Harper's Ferry, Virginia. In 1860, Spooner was actively courted by William Seward to support the fledgling Republican Party. An admitted sympathizer with the Jeffersonian political philosophy, Spooner adamantly refused the request and soon became an outspoken abolitionist critic of the party. To Spooner, the Republicans were hypocrites for purporting to oppose slavery's expansion but refusing to take a strong, consistent moral stance against slavery itself. Although Spooner had advocated the use of violence to abolish slavery, he denounced the Republicans' use of violence to prevent the Southern states from seceding during the American Civil War. He published several letters and pamphlets about the war, arguing that the Republican objective was not to eradicate slavery, but rather to preserve the Union by force. He blamed the bloodshed on Republican political leaders, such as Secretary of State William H. Seward and Senator Charles Sumner, who often spoke out against slavery but would not attack it on a constitutional basis, and who pursued military policies seen as vengeful and abusive.[12] Although he denounced the institution of slavery, Spooner recognized the right of the Confederate States of America to secede as the manifestation of government by consent, a constitutional and legal principle fundamental to Spooner's philosophy; the Northern states, in contrast, were trying to deny the Southerners that right through military force. He believed they were attempting to restore the Southern states to the Union, against the wishes of Southerners. He argued that the right of the states to secede derives from the natural right of slaves to be free. This argument was unpopular in the North and in the South after the War began, as it conflicted with the official position of both governments. As a means to end slavery without bloodshed, Spooner offered compensated emancipation, a method tested and proven in those nations that had orchestrated the peaceful abolition of slavery.
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Spooner Lysander

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