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Subject Area: Political Theory
Topic: The American Revolution and Constitution

IV. - Lysander Spooner, No Treason. No. II. The Constitution [1867]

Edition used:

No Treason. No. II. The Constitution (Boston: Published by the Author, 1867).

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IV.

The Constitution certainly supposes that the crime of treason can be committed only by man, as an individual. It would be very curious to see a man indicted, convicted, or hanged, otherwise than as an individual; or accused of having committed his treason otherwise than as an individual. And yet it is clearly impossible that any one can be personally guilty of treason, can be a traitor in fact, unless he, as an individual, has in some way voluntarily pledged his faith and fidelity to the government. Certainly no man, or body of men, could pledge it for him, without his consent; and no man, or body of men, have any right to presume it against him, when he has not pledged it himself.