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The concept of state secession has been viewed as being connected to support for slavery since the American Civil War. It seemed even in the modern era that if you advocate for the right of state secession you tacitly support slavery. Opportunistic pundits will not shay away from inferring that among many other contrived racists or Neo-Confederate proclivities. If we oppose slavery due to it being forced into involuntary servitude. A natural rights argument against slavery was first posited by John Locke in his work Second Treatise of Government. Suggesting that by a human being owning themselves due to their unalienable god-given rights slavery is illegitimate. Even though voluntary relinquishment, a man cannot transfer his title to self-ownership to another.

The extent to which this right to self-ownership is inalienable has come under question over the centuries. If we truly own ourselves, shouldn’t we be able to sell our freedom to pay a debt effectively transferring our title to self-ownership? In the past contractual arrangements have been made in the form of indentured servitude. Where the contracted party consents to work for no monetary compensation in exchange for other terms of payment. Operating as a form of barter. Generally, the terms of indentured servitude were temporary distinguishing it from slavery. Some economists even assert that voluntary slave arrangements are valid on the grounds of contractual consent. If compulsory slavery is invalid on grounds of self-ownership would not compulsory statehood also be illegitimate? The association of the original colonies was composed of an aggregate collective of individuals tired of being under the thumb of a distant mother country. In other words, this revolutionary coalition was formed under the conditions of voluntary association. If rights are reciprocal, for example, freedom of religion implies the right to abstain from religious observance, then various states have the right to withdraw consent and leave the union. Making Lincoln’s use of military force to thwart attempts of the south to secede be an abuse of power.

One unlikely defender of the right to state secession was the abolitionist and anarcho-political theorist Lysander Spooner. Spooner departed from his peers in the abolitionist movement by arguing that preventing the southern states from leaving the union was on par with the institution of slavery. Spooner in his essay No Treason #1 thoroughly expresses the illegitimate manner the Constitution was utilized to defend slavery:

“On the part of the North, the war was carried on, not to liberate the slaves, but by a government that had always perverted and violated the Constitution, to keep the slaves in bondage; and was still willing to do so, if the slaveholders could be thereby induced to stay in the Union.” (P.3).

Needless to say, Spooner was not a supporter of slavery. However, does this justify the aggressive actions on the part of the United States government? After all, is it not our duty to eradicate any form of injustice such as the vile institution of slavery by any means necessary? Even if that requires bloodshed? Even if it forces a large minority of people into a central government they do not desire to be a part of? Beyond the arguments of coercive force being used against the south, Lincoln’s motives were suspect. Per Thomas DiLorenzo’s book, The Real Lincoln, it is mentioned that Lincoln showed open disdain for the abolition movement. That he was even personally prejudiced against African-Americans. Lincoln enthusiastically advocating for sending all blacks out of the country to form a colony in Liberia.  As much as this development sounds like a conspiracy theory or the fabrication of a bored pulp fiction writer, it has been validated by several sources. Leading the inquisitive observe to wonder if the Civil War was more about consolidating power than anything else.

Spooner is quick to point out how it is perplexing that men who simply wish to no longer associate with the federal government soon become traitors:

“That men may rightfully be compelled to submit to, and support, a government that they do not want; and that resistance, on their part, makes them traitors and criminals.”

This brings into question how does not desire to be a part of the constitute treason? Spooner reasons that if the Constitution was founded on the principle of freedom, then statehood would be rested solely on consent. Invalidating any attempts to use military might to keep the loose confederation of states together. The implications of preserving the union for the sake of freedom exposes deeper hypocrisy than merely a disingenuous effort to free all those subjected to involuntary servitude in the tobacco plantations of the south.

“…. power of the government, is (as she thinks) forever expunged from the minds of the people. In short, the North exults beyond measure in the proof she has given, that a government, professedly resting on consent, will expend more life and treasure in crushing dissent, than any government, openly founded on force, has ever done. And she claims that she has done all this on behalf of liberty! On behalf of the free government! On behalf of the principle that government should rest on consent!..” (P.5-6).

Essentially the northeastern establishment undermined the principles of the founding to keep the south under the egis of the federal government. If the country was founded on the principle of voluntary association, such efforts directly violate this principle. The rhetoric of fighting the south to preserve a unified and free America is a falsehood. Nothing more than the empty and halfhearted lips service that we have grown to expect in modern politics. It does not matter if the actions of the state reflect an honest reverence towards the right of volunteer association. Some scholars surmise that this right is implicit in the First Amendment, others argue that this interpretation is a little murky. From a purely natural rights standpoint, it is a clear violation to force people to join clubs and other varieties of political and social affiliation.  To blithely not only violate this right but to claim that it was done so to preserve liberty is a grotesque fallacy. Parallels the empty sentiment behind the modern phenomenon of national building. The falsehoods behind and bloviating are used to justify a nearly two-decade war(s?) in the Middle East. The United States has become the exalted missionary of liberal democracy. Nearly two centuries prior the United States adorned the false mask of the exalted liberator of slaves. Even though most of the Europeans had already abolished slavery peacefully. Like our contrived moral imperatives for engaging in our middle eastern campaigns, the Civil War was commerce under similar fallacies. To suggest the Civil War was executed the preserving the freedom of the average citizen is a slap in the face. One only needs to look at his overextension of power during the conflict to truly understand his mentality. For example, his suspension of the Writ of Habeas Corpusalone demonstrates he was a far cry from a civil libertarian.

Spooner also presents several arguments that the majority ruling over the minority was outside of the original context of the constitution.  Forcing the southern states to remain part of the United States fully exemplifies the concept of the tyranny of the majority. The Constitution stating “… we the people..” does not only include the majority, but also the minority (p.7). He also claims that if the founders intended for the majority to rule over the minority Americans would have never become an independent nation (p.8). The American revolutionaries were the minority during the revolution. When compared to the size and scope of the British Empire. Spooner also mentions that the intentions of majorities are no better or worse than those of minority groups. Both having similar wants, needs, and being predisposed to the same faults as humans make demonizing the opposition illogical (p.8). Certainly, this wisdom of not demonizing the opposition has been lost in the contemporary political climate. The majority opinion in society isn’t necessarily wise. Conventional wisdom is rife with ignorance, superstitions, and prejudice  (p. 8). It is irrational to claim a policy position, or another idea is valid due to it being popular. Such a justification can be reduced to nothing more than an example of the  Argumentum ad populum fallacy. Popularity does not automatically make an idea or an action correct.

Spooner goes on to mention how the tyranny of the majority creates a cost struggle between slave and master. Who the slave is and who the slave is varied depending upon which party is in power. Generating a competition for usurping control away from the opposing party.

The principle that the majority have a right to rule the minority, practically resolves all government into a mere contest between two bodies of men, as to which of them shall be masters, and which of them slaves; a contest, that-however bloody – can, as things, never be finally closed, so long as man refuses to be a slave …” (p.9).

The Civil War perfectly encapsulates the power struggle between various political factions. Echoing the concerns voiced by James Madison around the time of America’s founding. Vying political factions striving to achieve their objectives. The north’s desire to keep centralize and expand the power of the federal government. Leading to the use of military force. Preventing the south from separating from the United States. Effectively forcing the south to remain part of the country for political reasons. Parallels slavery. Slavery, kidnapping, false imprisonment, and forced association all violate our natural rights. The fact that the commonalities between forcing the south to remain part of the Union and slavery are awe-inspiring.

11 thoughts on “Spooner: Slavery and The Civil War= Morally Equal

  1. Excellent post. By the way, one can imagine a Left-Libertarian policy proposal on behalf of all “non-essential” workers based on John Locke’s self-ownership principle. After all, Locke famously traced the origins of property rights to one’s labor, and his “sweat equity” or labor theory of property influenced the Framers of the U.S. Constitution and is considered one of the intellectual pillars of the classical liberal tradition, though contemporary Left-Libertarians tend to emphasize an important limiting principle–the so-called Lockean Proviso–to Locke’s theory of property rights, a limiting principle enunciated by John Locke himself in Section 27 of his Second Treatise: the idea that one may acquire property rights in natural resources by mixing one’s labor with those resources so long as “there is enough, and as good, left in common for others.” But Locke’s original labor theory of property (sans the proviso) could also be used to explain why “non-essential” workers are themselves entitled to just compensation under the Takings Clause when they are prevented, even on a temporary basis, from selling their labor by the government.

    Liked by 1 person

    1. The whole “non-essential worker” dilemma is an interesting puzzle to solve. The government preventing someone from working is illegitimate. I would makes sense to provide compensation to all of those who were wronged by the government.

      I remember your debate last year with Professor Somin. I don’t see why the Takings Clause couldn’t include displaced workers.

      It’s interesting, I am reading about water rights/ water market presently. It seems like the Public Trust Doctrine runs roughshod over the takings clause (at least regarding water rights). Then again, I could be misinterpreting the context of this occurrence.

      Liked by 1 person

        1. Wow that seems like that is an excellent opportunity to break into research in water policy.

          However, I am puzzled by one of the requirements:

          “JD or LLM within the last two years prior to the date of hire”

          So I suppose they are looking for a somewhat newly minted JD for this. But this is a position as a senior research fellow. Wouldn’t they also want to open up the position to people who are more seasoned in the area of water law?

          Liked by 1 person

        2. I found that strange too, but if you were to apply, perhaps you recent research in the field (especially on Indian water rights) might count for the JD/LLM requirement. My recommendation would be to reach out via email first, or even set up a call, with whoever the relevant person at Tulane Law is–maybe their Dean of Academic Affairs or someone in that institute.

          Liked by 1 person

        3. On another note, I received (and forwarded to you) an email notifying us that the Soviet Economy book has finally arrived. (I had requested an inter-library loan from a sister campus in South Florida.) I will pick the book up when I return to campus on Monday …

          Liked by 1 person

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