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Lysander Spooner Biography & Facts

Lysander Spooner (January 19, 1808 — May 14, 1887) was an American abolitionist, entrepreneur, lawyer, essayist, natural rights legal theorist, pamphletist, political philosopher, Unitarian and writer often associated with the Boston anarchist tradition. Spooner was a strong advocate of the labor movement, anti-authoritarian and individualist anarchism in his political views. His economic and political ideology has been identified by some modern scholars with libertarian socialism, left-libertarianism, free-market socialism, and mutualism, while others identify them as right-libertarian, anarcho-capitalist, and propertarianist. According to anarchist George Woodcock, Spooner was a member of the International Workingmen's Association (First International). His writings contributed to the development of both left-libertarian and right-libertarian political theory. Lysander Spooner also influenced Mutualist Associates as Clarence Lee Swartz who cited him as one of the major liberty advocates in history and a pioneer of mutual banking and competition. Spooner's writings include the abolitionist book The Unconstitutionality of Slavery and No Treason: The Constitution of No Authority, which opposed treason charges against secessionists. Spooner is also known for competing with the Post Office with his American Letter Mail Company. However, it was closed after legal problems with the federal government. Biography Early life Spooner was born on a farm in Athol, Massachusetts on January 19, 1808. Spooner's parents were Asa and Dolly Spooner. One of his ancestors, William Spooner, arrived in Plymouth in 1637. Lysander was the second of nine children. His father was a deist and it has been speculated that he purposely named his two older sons Leander and Lysander after pagan and Spartan heroes, respectively.: viii  Legal career Spooner's activism began with his career as a lawyer, which itself violated Massachusetts law. Spooner had studied law under the prominent lawyers, politicians and abolitionists John Davis, later Governor of Massachusetts and Senator; and Charles Allen, state senator and Representative from the Free Soil Party.: viii  However, he 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 like Lysander would be required to do so for five years. With the encouragement from his legal mentors, Spooner set up his practice in Worcester, Massachusetts, after only three years, defying the courts. He regarded 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 "no one has yet ever dared advocate, in direct terms, 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. For Spooner, to prevent a person from doing business with a person without a professional license was a violation of the natural right to contract. Spooner advocated natural law, or what he called the science of justice, wherein acts of initiatory coercion against individuals and their property, including taxation, were considered criminal because they were immoral, while the so-called criminal acts that violated only man-made arbitrary legislation were not necessarily criminal. After a disappointing legal career and a failed career in real estate speculation in Ohio, Spooner returned to his father's farm in 1840. American Letter Mail Company Being an advocate of self-employment and opponent of government regulation of business, in 1844 Spooner started the American Letter Mail Company, which competed with the United States Post Office, whose rates were very high. It had offices in various cities, including Baltimore, Philadelphia and New York City. Stamps could be purchased and then attached to letters, which could be brought to any of its offices. From here, agents were dispatched who traveled on railroads and steamboats and carried the letters in handbags. 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 Post Office's legal monopoly. As he had done when challenging the rules of the Massachusetts Bar Association, Spooner 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. A law enacted in 1851 that strengthened the federal government's monopoly finally put him out of business. The legacy of Spooner's challenge to the postal service was the reduction in letter postage from 5¢ to 3¢, in response to the competition his company provided which lasted until the late 1950s or early 1960s. Abolitionism Spooner attained his highest profile as a figure in the abolitionist movement. His book The Unconstitutionality of Slavery, published in 1845, contributed to a controversy among abolitionists over whether the Constitution supported the institution of slavery. The disunionist faction led by William Lloyd Garrison and Wendell Phillips argued that the Constitution legally recognized and enforced the oppression of slaves as in the provisions for the capture of fugitive slaves in Article IV, Section 2. More generally, Phillips disputed Spooner's notion that any unjust law should be held legally void by judges. Spooner challenged the claim that the text of the Constitution permitted slavery. Although he recognized that the Founding Fathers had likely not intended to outlaw slavery when writing the Constitution, Spooner argued that only the properly interpreted meaning of the text, not the private intentions of its drafters, was enforceable, representing an early enunciation of textualist argument. He used a complex system of legal and natural law arguments to show that the Constitutional clauses usually interpreted as adopting or at least accepting implicitly the practice of slavery did not in fact support it, despite the open tolerance of human servitude under the original Constitution of 1789; even though those interpretations would only be superseded by the amendments to the Constitution passed after the American Civil War, viz. Amendments XIII-XV, prohibiting the states from enabling or enforcing slavery. Contemporaneously, Spooner's arguments were cited by other pro-Constitution abolitionists such as Gerrit Smith and the Liberty Party, the twenty-second plank of whose 1849 platform praised Spooner's book The Unconstitutionality of Slavery. Frederick Douglass, originally a Garrisonian disunionist, later came to accept the pro-Constitution.... Discover the Lysander Spooner popular books. Find the top 100 most popular Lysander Spooner books.