What Have I Noticed Inspires Cooperation Instead of Coercion?


by Gretchen Kemman

As recent world events demonstrate, relying upon coercion to achieve goals inhibits cooperation, undermines goodwill, and harms far more people than it helps. Coercion drains lifeblood. In contrast, ancient principles of inalienable human rights provide a sound guide for achieving the greatest good for everyone. Respecting inalienable human rights inspires cooperation.

Most of the best things in life flow from people’s natural eagerness to cooperate to benefit themselves while also helping others. Of course, everyone must take certain actions merely to avoid negative consequences, but these best occur voluntarily, in harmony with nature and with others. Encouraging personal responsibility inspires cooperation.

People living together in respectful cooperation still have imperfections, yet their actions over time show they strive to live by a higher standard, and they admit mistakes. Such people regularly walk in the shoes of others, seeking insights. Through loving and wise contemplation, they draw strength to avoid enabling the abuses precipitated by coercion. Cultivating empathy, kindness, and tolerance inspires cooperation.

Some beautiful human achievements occur even within extremely coercive environments because free will persists. People enduring prolonged oppression could simply give up and die, end their own suffering, yet many do not. Why? Does fear of death keep them going? No. Fear diminishes life and holds no power to sustain. Rather, human will seeks to create meaning out of suffering so others may be spared. Dreaming of a brighter future for others inspires cooperation.

“Jane Eyre” by Charlotte Bronte, one of the greatest novels of all time, illustrates these principles perfectly, as does another great novel, “David Copperfield” by Charles Dickens. The protagonists refuse to condone coercive human qualities and through their moral stances lead themselves and others toward greater well-being. Admiring moral characters inspires cooperation.

Consider beloved coaches, grandparents, mentors, parents, pastors, and teachers. These individuals earn admiration through consistently respectful interactions. Their authority flows from sharing knowledge and wisdom. Rather than promoting fear and hatred and demanding conformity, they instill courage and love and cultivate creativity and maturity. Cherishing good people inspires cooperation.

Mild forms of coercion in the name of protection can be wise at times, of course. No one doubts the necessity of restraining a toddler about to run into a busy street. But good parents never prefer coercive acts. Rather they seek to avoid, minimize, and, eventually, eliminate them. Children willingly learn how to protect themselves in various ways at appropriate ages, and we applaud their achievements towards independence. Valuing independence inspires cooperation.

An abundance of historical evidence shows creative and constructive powers increase when societies place a high priority on respecting inalienable human rights. Living in a free and just environment liberates productive energy and encourages peace, thereby uplifting all. Nurturing freedom and justice inspires cooperation.

Beginning in 2020, in response to extreme levels of coercion imposed by governments around the world, millions have come together in peaceful protest to form a cooperative focused on exposing and stopping numerous abuses. This group of volunteers includes attorneys, bloggers, data analysts, doctors, essayists, journalists, musicians, novelists, playwrights, researchers, scientists, statisticians, visual artists, and others. Many have put their careers, their reputations, and their wealth on the line to join this caring effort. They understand respect for inalienable human rights protects everyone in a society, not just the wealthiest and highest in status. They understand coercion is far more likely to harm the most vulnerable than it is those with abundant resources. Sharing energy and love and goodwill inspires cooperation.

With the principles of inalienable human rights to guide us in respecting, encouraging, cultivating, dreaming, admiring, cherishing, valuing, nurturing, and sharing, we can inspire cooperation, avoid coercion, and help to build a brighter and freer world for all. Please help to spread this wonderful news far and wide.

Get A Grip Volume 2, 12-2021


By Larry Woods

 

War is the evil opposite of voluntaryism. Coercion, destruction, and hatred vs. mutual respect, productive exchange, and toleration. Lying is the foundation of war, alignment with reality is the foundation of Voluntaryism.

Often overlooked is the internal damage to warfighters. Daniel Hale’s letter illustrates this better than anything I could compose – https://couragetoresist.org/hale-letter/. In the month following his writing of that letter, he received the Sam Adams Award for Integrity in Intelligence, eponymously named for a Vietnam War-era whistleblower, for “performing a vital public service at great personal cost—imprisonment for truth-telling.”

Dear Judge O’Grady,

It is not a secret that I struggle to live with depression and post traumatic stress disorder. Both stem from my childhood experience growing up in a rural mountain community and were compounded by exposure to combat during military service. Depression is a constant. Though stress, particularly stress caused by war, can manifest itself at different times and in different ways. The tell-tale signs of a person afflicted by PTSD and depression can often be outwardly observed and are practically universally recognizable. Hard lines about the face and jaw. Eyes, once bright and wide, now deepset and fearful. And an inexplicably sudden loss of interest in things that used to spark joy. These are the noticeable changes in my demeanor marked by those who knew me before and after military service. To say that the period of my life spent serving in the United States Air Force had an impression on me would be an understatement. It is more accurate to say that it irreversibly transformed my identity as an American. Having forever altered the thread of my life’s story, weaved into the fabric of our nation’s history. To better appreciate the significance of how this came to pass, I would like to explain my experience deployed to Afghanistan as it was in 2012 and how it is I came to violate the Espionage Act, as a result.

Read the rest here.

Autarchy or Voluntaryism?: Abandoning the exclusive disjunction


By Diego Julien

The roots of Voluntaryist thought lie in antiquity, when Stoic thinkers realized that character building, the development of self-controlled and responsible individuals, was the essential basis of human happiness, as well as the prerequisite for a better society. On this fundamental point it does not seem too difficult to draw a parallel with Robert LeFevre’s philosophy (1965a, 1965b, 1966, 1988).

The power and appeal of Stoicism lie in its acceptance of – and commitment to – the basic truth that each individual controls his own behavior but not the outcome. The stoic realizes that they cannot control how other people behave or what causes their behavior, but he can only control himself and calmly accept the consequences. We could define the goal of Stoic philosophy as living a life shaped by excellence and wisdom, and therefore great emphasis is placed on the task of improving one’s character and maintaining one’s integrity, regardless of the circumstances in which one finds oneself. The Stoics would say that if you want a better world, then improve yourself, for this is what is completely within your control (Watner, 2020: 1). It is worth noting that Watner was well aware of LeFevre’s emphasis on the notion of “self-control” as a pivot from which to articulate a practical philosophy (Watner, 1989: 3), a point he fully shares and which is a pillar of voluntaryist thought. It is understood that “freedom” is a mental attitude, and the only person you can control is yourself (Watner, 1992b: 1), here we have a solid argument to sustain that there is a relevant differential note between LeFevre’s thought and contemporary Voluntaryism.

This subject is fundamental because although it is true that in all the libertarian and anarchist tradition, great emphasis is placed on the moral character of the individual, voluntaryism goes a step further and not only proposes a model of the individual but also goes deeper into the way in which this can be materialized. For Carl Watner, individuals in a society will flourish only if they are free, and it is only when men change that a society can improve. In this sense, Albert J. Nock (1943: 307) is vindicated. If we accept that LeFevre’s thought is (like any development of “the ideas of freedom”) an unfinished and completely perfectible work, we will find it valid to identify the author within a broader movement where the essence of his thought is contemplated in its totality and from which new solutions can germinate for new challenges, as well as for those problems as old as Humanity itself: LeFevre’s philosophy is comprised, in its most fundamental points, in the voluntaryism of Watner.

This is not to say that there is a clear juxtaposition. For example, one of LeFevre’s most controversial ideas is found in relation to property that is stolen from its rightful owner (see the example of the stolen horse). For this example, Watner will propose a different solution based on the ancient Roman law rule of caveat emptor (Watner, 1992a: 6; 1999: 1). In any case, we cannot say that their positions are really opposed. LeFevre moves within the descriptive area when he uses the example in question and tells us how it should be resolved in the face of the fait accompli. Watner, on the other hand, always moves within the prescriptive area, when he tells us how the first buyer of the stolen horse should have operated. The solutions are different, but so is the approach to the situation. As for the attitude of the victim, the voluntaryist proposal does not differ in any way from the autarchist one, and in fact Watner refers directly to LeFevre when he argues that the voluntaryist must accept full responsibility for both the good fortune and the bad luck that befalls him in life: if one intends to make one’s gains privately, one must be willing to accept one’s losses privately as well (Watner, 1992a: 6; 1999: 7).

Perhaps it could be recognized that LeFevre, because of his ideas, can be considered a voluntaryist, but not the opposite. The fundamentals of LeFevre’s thought (the absence of the State whose yoke must be peacefully abandoned, the emphasis on education and the moral formation of the individual in order to achieve the Stoic ideal of self-government, as well as the rejection of political action) are a core part of the voluntaryist philosphy. For this reason, I will argue that discovering the voluntaryism in LeFevre is probably the best way to keep his autarchist thought alive.

References

• Nock, A. J. (1943). Memoirs of a Superfluous Man. Nueva York: Harper & Brothers.
• Watner, C. (1989). «The Fundamentals of Voluntaryism». The Voluntaryist. Oct 1989, pp. 1, 3.
• Watner, C. (1992a). «Rightful Property Ownership and Wrongful Possession». The Voluntaryist. Jun 1992, pp. 1, 6-7.
• Watner, C. (1992b). «What We Believe And Why». The Voluntaryist. Aug 1992, pp. 1, 7.
• Watner, C. (1999). «“Once An Owner–Always An Owner”». The Voluntaryist. Feb 1999, pp. 1, 3- 7.
• Watner, C. (2020). «The Creed of All Freedom-Loving Men: The Voluntaryist Spirit & Stoicism». The Voluntaryist. Third quarter 2020, pp. 1, 3-7.
• LeFevre, R. (1965a). «The Stoic Virtues». Rampart Journal of Individualist Thought, I, 1, pp. 1- 15.
• LeFevre, R. (1965b). «Anarchy versus Autarchy». Rampart Journal of Individualist Thought, I, 4, pp. 30-49.
• LeFevre, R. (1966b). «Autarchy» Rampart Journal of Individualist Thought, II, 2, pp. 1-18.
• LeFevre, R. (1988). The Fundamentals of Liberty. Santa Ana, Rampart Institute.

Get A Grip volume 1, 08-2021


By Larry Woods

Carl and his work bettered my life with history and analysis of evolving human culture. That work is timely to offset “woke” corrosion of so-called educational institutions and its spread to politics and commerce.

Most “woke intellectuals” go ballistic in creationism vs. evolution discussions.  They want to abandon verified data from generations of the best evolved human cultural practices. Ironically, they create faith-based ideologies that conflict with reality. They lust to be in charge of violent force to subdue resistance to their creationism.

While appreciating Carl’s trove of information, I also explore the biases and quirks that enable violence-based institutions. That helps me choose actions to undermine them, and thrive in the meantime.

The issues swirling around COVID-19 outbreaks challenge us to think clearly and act prudently. Their politicization kicks up emotions and biases that cloud our judgment and information sources. Choices we make, or do not make, therefore have substantial risk.

How do we navigate this swirl of splendid technological progress, medical heroisms, conflicting “scientific” advice, and Power Seekers? The agenda of the latter is well reported and easily available while alternate options are not.

To start, I suggest reviewing Carl’s article about food regulation to aid in evaluating information from coercive agencies. Another article of Carl’s gives context for the trustworthiness of US medical practitioners.

Whatever your conclusions, remember you can find competent, honest, and decent people in foul systems.

What can we learn from previous pandemics? Here is a story of a previous public health panic, and benefits of vaccines, whatever their flaws. A related article shows resistance to government intervention that is unthinkable today , and prophetic.

The suppression of Ivermectin affected me on a personal level. Cautions:  The podcast has helpful medical background and possible COVID-19 care options but falls short by failing to analyze or suggest remedies to address the suppression of that information. (They should have read Carl’s article above!)

These Gentlemen have developed a following. Desire for attention and approval can be as disruptive as power.

I touch on the dilemma of simultaneous expertise and error in my “How I Became” article which Carl helped me write. You’ll also see my background (and biases?).

Next month –  Resources to supplement and update Carl’s scholarship.

We hope this sparks you to share similar thoughts, and reactions to Carl’s work. You can forward to Dave, or to me at lwoodsga@yahoo.com

Received for Review: Garrison State Hegemony in U.S. Politics


By Dave Scotese

Robert A. Williams wrote GARRISON STATE HEGEMONY IN U.S. POLITICS and sent it to me for review.  It is not an easy read, but it contains tons of valuable information.  I hope to make the important ideas accessible enough for interested readers to see the value in this exploration of “the role and function of the U.S. garrison state in U.S. electioneering.”  What does that mean? Some of the author’s educational training shines through here, as he uses the noun “garrison” which means a military post (usually permanent), to modify another noun, “state.”  The state maintains control using something we might call a garrison.  Part of that control is exercised in order to protect the state from the checks and balances that would otherwise free its victims.  Electioneering is the process of getting large groups to feel like they have participated in the selection (“election”) of those who are then endowed with the right to coerce.  Should that right to coerce fall into the hands of people who refuse to use it, the state loses its monopoly on power, which is “hegemony.”  This book is an exploration of how the state prevents that.

The second part (of four) of the book was the most memorable for me because the author describes his experiences working within the Libertarian Political Party in Ohio (“LPO”).  His descriptions are stylized for academia, notably quoting particular phrases because they match previous sociological work.  Man, is this guy well read!  What I like about this is that if he quotes a phrase (as he does on page 34, “four white city police officers in the videotaped lengthy beating,”) that interests the reader, we can look up the source of the quote (“Parillo, 1994: 378,”) in the bibliography and go read the specific page in the original source (Parillo, V.N. (1994) Strangers to these shores: Race and ethnic relations in the United States. Macmillan). Does this remind you of someone?  I miss Carl!

Dr. Williams references another book that a friend of mine recommended to me, The Presentation of Self in Everyday Life by E. Goffman.  From that book, I learned about “backstage” and “frontstage” activities.  Dr. Williams uses this distinction often, and it’s a useful one, more useful for me since I took my friend’s advice.  There are other terms with which I wasn’t familiar and I have not yet had the time to learn about them.

The book comes in four parts, the first describing two perspectives on what the author is studying.  He does a great job of explaining what he’s going to write about and then summarizing his main points after filling the middle in with the details. The end of chapter 1, for example, describes the four parts with a little more detail.  The second part is the narrative describing the author’s experiences in the LPO, which is what I remember best.  However, it was the third part that I enjoyed the most.  It is a brief history of elections and how they were managed and manipulated by the control structure to maintain its hegemony.

In fact, when I first read Thomas Hobbes’ argument in favor of Leviathan, I felt he was misguided.  That was years and years ago, but on page 125, Dr. Williams writes that “Adam Smith’s 1759 The Theory of Moral Sentiment … refuted Hobbes’ 1651 view that man is naturally brutish,” providing me with a reference for those who still cling to Hobbes’ view.  This is at the beginning of section three, under “Antecedents to Political Parties.” He also points out that debates over the role of spontaneous order in society fueled political divisions in the American colonies.  A few pages later, under “Rise of Corporations,” he elaborates on a point made by Lysander Spooner (footnote 8), that corporate personhood is “a fiction adopted merely to get rid of consequences of facts.”

Because brilliant students tend to learn to enjoy reading, have the humility to learn their way out of errors, and are comfortable reading “difficult books,” I recommend this book for any brilliant students in your life who might still be playing into the hands of the “garrison state,” thinking they might be able to help reduce the suffering wrought by politicians by getting involved in politics.  I agree with the author that “post-WW2 libertarianism is largely a covertly state-generated social construction…” such that “the noncoercionist segment never stood a chance at directing the LPO to politically realize a libertarian society of voluntary government.”  As Wendy and Carl and George argued so many years ago, the best strategy is Neither Ballots nor Bullets.

Quod Omnes Tangit: Consent Theory in the Radical Libertarian Tradition: Part II—The Middle Ages


By Carl Watner

Have you ever written an article, and then nearly twenty years later discovered that you came across some vital information that you should have included? That is why this article is designated Part II. In “‘Oh, Ye Are for Anarchy!’: Consent Theory in the Radical Libertarian Tradition” that I published in the Winter 1986 issue of this journal (Vol. VIII, No. 1), I cited John Ponet’s 1556 tract, A Short Treatise of Politike Power, as containing “the earliest glimmerings of consent theory in English history.” Citing civil and canon law, and the Old Testament story of Naboth refusing to sell his vineyard to the king, Ponet wrote that “Neither pope, Emperor, nor king may do any thing to the ‘hurt’ of his people without their consent.” Although the references were there, I failed to pick up on the fact that the origin of natural rights thinking and “the doctrine of consent . . . [are] drawn from a long tradition in ancient and medieval thought” and that the idea of consent played “an increasingly important role” in political, legal, and religious thought during the Middle Ages. Nearly every important jurisprudential work of the medieval world contained at least some passing reference to consent.

Although Ponet did not refer to the maxim of private Roman law, quod omnes tangit, ab omnibus approbetur (whatever touches all, must be approved by all), this principle was applied over and over by canonists, Catholic theologians, and medieval thinkers of the Middle Ages. Modern scholars, (the most notable example being Brian Tierney of Cornell University), concur that the consent and natural rights theories “had deep roots in” the Middle Ages. These are the centuries stretching from the collapse of Rome to the end of the 1400s. It was during this “medieval period—in particular, during the centuries from the eleventh onward—that the foundations were laid on which the edifice of Western cultural peculiarity was subsequently erected.” However, medieval thinkers were not totally original. The Stoic doctrine of the natural equality of men “exercised a great influence through the Christian Fathers.” Roman law, especially the principle of quod omnes tangit, was influential when it was studied and applied by the medieval glossators and conciliarists. The medievalists were familiar with Aristotle’s concept of the right of the community to participate in its government; with the German idea of Genossenschaft, which embraced the right of the tribal group to select its own leaders; and with the Judeo-Christian notions of moral autonomy. The purpose of this “Part II—Consent Theory in the Radical Libertarian Tradition” is to see how medieval thinkers dealt with these ideas and developed them into the concept that “political legitimacy is grounded in the free consent of the governed.”

There are grounds for debating what exactly medieval thinkers meant when they referred to “consent,” and what they meant when they applied that term to their political societies. However, there is no question that the idea of individual rights played a fundamental part in their thinking. It is safe to say that as early as the 1180s, the canonists found within the jus naturale a zone of personal autonomy and a neutral sphere of personal choice. For example, in the Decretum of Gratian (circa 1140, which has been referred to as “the first comprehensive and systematic legal treatise in the history of the West”), the author clearly discussed the role of freedom in the contract of marriage and “rejected the notion that coerced consent could validate a marriage.” The canon lawyers built a structure of law around Gratian’s recognition that coerced consent was no consent at all. Alexander III, pope from 1159–1181, issued a decretal, Cum locum, which opened “with the broad statement of principle that ‘since consent has no place where fear or compulsion intervenes it is necessary where someone’s assent is required [that] the stuff of compulsion [must] be repelled.’ . . . [He] recognized that true consent can only be voluntary and that coercion has no place where consent is a requirement.”

The arguable point is how medieval thinkers conceived the concept of consent in relation to the individual’s obligation to those who ruled over him or her. Most medieval thinkers agreed that the existence of the political community had to be explained by the prior consent of individuals. In other words, they believed that “political obligation derive[d] from the consent of those who create[d] the government” under which they lived. The debatable question was whether or not the formation of a political community required a unanimous decision. If individuals were living in a state of nature before the existence of political societies, were they required to unanimously assent? Or could a majority of individuals impose their will on the minority, and create a political entity which included them even though they might not have agreed to membership in it? Unfortunately, this question seems not to have been directly addressed by medieval theorists.

Medieval thinkers distinguished between two possible meanings of consent: either as an expression of the corporate will of the community [e.g., majority rule] or as a concatenation of individual wills. The canonists “made an important distinction between rights that were common to a group of persons as individuals [ut singulis] and those common to a group as a corporation [ut collegiatis]. When rights belonged to separate individuals the consent of each one was needed; when they belonged to a corporate whole a majority would suffice.” Literally interpreted, quod omnes meant that all the members of a corporation had the right to consent to the act of the corporate body. Thus, “the dissent of one member was enough to make an action impossible. And this was the interpretation if the individual rights of the members were touched but not the corporate right of the whole body. But when something touched the rights of the corporation as a whole,” majority rule was applied. What was approved by the majority sufficed to bind the corporation. In such cases, a dissenting minority could not prevent corporate action, nor claim, “after the decision was made, that the act did not bind them.” Thus, for example, the canonists maintained at the beginning of the thirteenth century that when a general church council was called “to consider matters of faith, even lay people could be summoned to attend since the faith was common to all and ‘what touches all ought to be discussed and approved by all’.” Kings and emperors also referred to quod omnes. In 1244, Emperor Frederick II cited it directly in his letter summoning an imperial council to meet in Verona, and King Edward I of England used it in his convocation of Parliament in 1295.

The principle of ‘ut quod omnes similiter tangit, ab omnibus comprobetur’ cited in Justinian’s Code (5, 59, 5, par. 2–3) around 534 A.D. broadly formed the foundation for the legitimacy of the phrase’s usage. The maxim was first used to clarify the rights of several guardians over the disposition of jointly owned property. “[F]rom its humble beginnings in Roman private law” quod omnes “bec[a]me an important concept in the legal history of the Middle Ages. The canonists first used this principle to define the legal relationship between a bishop and his chapter of canons. Later, the maxim was introduced into ecclesiastical government where it supported the rights of the lesser members of the ecclesiastical hierarchy to have a hand in the governing of the church.” Innocent III (1198–1216) recognized the importance of the maxim, and it was he who probably brought it into canon law. “The wording of the maxim varied from time to time, . . . but its importance in medieval political thought as well as canon law is undeniable. It was quoted by such conciliarists as Guilielmus Durandus the Younger, Marsilius of Padua, [and] William of Ockham. . . .”

The use of the maxim quod omnes was not limited to church lawyers. “[B]y the beginning of the fourteenth century, kings all over Europe were summoning representative assemblies of their noblemen, clergy, and townsmen. When they did, the reason they often gave for calling such assemblies was, ‘what touches all must be approved by all’.” The need that representative assemblies met was a need felt by all who govern: the need to secure as large a degree of public support as possible, and this was “felt with particular acuteness by medieval rulers . . . by popes as well as kings.” The church had already “developed its own practice of holding representative councils out of a deep-rooted conviction that the whole Christian community was the surest guide to right conduct in matters touching the faith and well-being of the church.”

In order for the medieval system of representation to emerge, the canon and civil lawyers of the Middle Ages had to develop an adequate legal theory of agency. They accomplished this by falling back on another principle of Roman law, known as plena potestas or plena auctoritas (full power, full authority). In classical Roman law this was used to “define the scope of a proctor’s authority when he appeared in court on behalf of his principal.” However, since Roman law, itself, had not developed an adequate theory of agency (under Roman law an agent could not bind his principal to an agreement made by the agent with a third party), the canonists were impelled “to formulate a sophisticated law of agency in which the term plena potestas played a major part.” The church, which was honeycombed with corporate bodies, such as “cathedral chapters, religious houses, colleges,” and monasteries, accepted that “a proctor or representative equipped with a mandate of plena potestas could do all that his principal could have done if he (or they) had been present.” The agent was fully empowered to bind the person or corporation that had appointed him.

What this idea meant to the European kings and rulers of the Middle Ages was that when they “summoned representatives of their towns to an assembly they wanted to be sure that the burgesses really would be bound by the votes of the persons they had elected, so gradually in the thirteenth century the use of plena potestas passed from canon law into constitutional practice.” When combined with the maxim quod omnes, plena potestas was transformed into a basic principle of representative government, and it was the “means of connecting the central government with the community of the realm,” and of binding all the communities to any decision made for the common good. In modern parlance, plena potestas would be referred to as a full power of attorney, and this was the means by which the medieval lawyers concluded that a matter that touched the whole community could be decided and approved by a representative assembly with power to act on behalf of all citizens.

Beginning with omnes quod and plena potestas, the idea of political representation and majority rule (the ability of the majority of a representative assembly to bind a minority of its members) had a long, slow growth. In medieval England, (as Lysander Spooner argued) consent to taxation was originally “deemed to be not corporate, but personal.” For example, in “1217, the Bishop of Winchester refused to pay a . . . [tax] on the grounds that he had not personally consented to it.” During medieval times, it was normal for the king to assemble his vassals and “request” their aid. Even though grouped together in an assembly, their consent was individual, and the consent of those present did not bind those who were absent; nor did the majority bind the minority. Yet, as taxes and scutages were continually granted to the king, they became customary; and once having become customary the requirement that they be assented to by each individual vassal disappeared. Furthermore, medieval kings saw the advantage of emphasizing procedural over individual rights and incorporating concepts from the Roman law into their procedures to collect funds from their vassals. Under Roman law, consent was never individual, and “although it was based on the lawful rights of all individuals represented, . . . [their consent was] subject to the decision of the king in his capacity of supreme public authority in the realm.” If an individual chose to dissent and not pay a tax, he had the opportunity to a full defense of his rights in the king’s court. “The consent to . . . [the court’s] decision,” however, “was in effect compulsory.” To have concluded otherwise would have been to undermine the health of the state, and prevent the king from collecting taxes. This legal sleight of hand bolstered medieval rulers, as well as modern governments.

The history of the Catholic church during the Middle Ages reflects not only the struggles between medieval monarchs and popes (to determine who ultimately had supreme authority), but also the important role of consent theory in elucidating the nature of power and control within the church itself. The Investiture Contest of the late 11th and early 12th Centuries pitted the papacy against the Holy Roman emperors. The issue of who should appoint bishops and abbots was really a question about who should dominate the church: the pope or the emperor. Although the outcome of this struggle seems to have been a compromise which slightly favored the church, the end result was that as soon as the Investiture Contest concluded, there began a series of general church councils beginning in Rome in 1123, and then at the Lateran in 1139 and 1179. By the time the 4th Lateran Council was convened in 1213, it was already becoming an established principle that general church councils represented the whole church and that even the papacy, itself, was bound by the canons of the General Councils.

Sparked by the Investiture Contest, during the late 1100s and early 1200s, the canonists had already become concerned with the question of sovereignty within the church. Was the pontiff or the general councils which had been established by universal consent supreme? To further exacerbate matters, the church was faced with a grave constitutional crisis late in the next century. In April 1378, a new pope, Urban VI, was elected to the papacy. His conduct led the cardinals to declare his election invalid on the grounds that it had been made under duress. Urban refused to acknowledge their authority to depose him. The cardinals proceeded to elect a new pope, Clement VII who also failed to command universal allegiance. In order to resolve the dispute between the Italian supporters of Urban and the French backers of Clement, and their respective successors, it was eventually determined that a church council should be convened to elect a new pope. The supporters of this idea, that a general council had greater authority than a pope, became known as conciliarists. They believed that “the final authority in the Church . . . lay not with him [the Pope] but with the whole community of the faithful or with their representatives.”

At the heart of the conciliar movement was “the belief that the pope was not an absolute monarch but rather in some sense a constitutional ruler that . . . possessed a merely ministerial authority delegated to him for the good of the Church . . . .” The conciliarists developed arguments from Scripture, church history, canon law, and the Romano-canonistic tradition of representation and consent to support the idea of the superiority of councils over the pope. The importance of the conciliar movement was that it set a precedent for the medieval world. Conciliarist thinkers realized that governmental authority in the church must rest on the consent of the governed; and they were the first to apply this principle not only to the church, but to all “rightly ordained” political communities. The argument of the conciliarists, that councils were superior to the pope, was soon applied by advocates of the rights of the people against the despotism of kings. If a heretical pope could be deposed by the church in council, then a tyrannical king could be deposed by his barons. As one commentator expressed it:

They [the canonists] were faced with a central problem of constitutional thought. How could one affirm simultaneously the overriding right of a sovereign to rule and the overriding claim of a community to defend itself against abuses of power? . . . [They answered this by] trying to set up a framework of fundamental law which so defined the very nature and structure of the church that any licit ecclesiastical authority, even papal authority, had to be exercised within that framework. A text of Pope Gregory the Great, incorporated into the Decretum, provided a juridical basis for this development. Gregory asserted that the canons of the early general councils were always to be preserved inviolate because they were established by universal consent (universali consensu). He added that anyone who went against the canons ‘destroyed himself and not them’.

The canonists were not afraid of applying their doctrine to actual situations in the real world around them. They imagined that a pope might become a heretic or commit sins almost as intolerable as heresy. John of Paris, a Dominican theologian, writing in 1301 and Huguccio of Pisa (d. 1210), both held the pope accountable for the common good of the whole church: “Look!” they said. “The Pope steals publicly, he fornicates publicly, he keeps a concubine publicly he has intercourse with her publicly in a church, . . . . and he will not stop when admonished . . . .” Such charges were not so farfetched. Boniface VIII (1235–1303) was actually charged with these and other accusations of a serious nature. In such cases a pope could be deposed by a General Council. The principle of conciliar supremacy (a pope with a council is greater than a pope without a council) was clearly expressed in the decree Sacroancta of the Council of Constance, and could be readily extended from the ecclesiastic realm to the secular.

Huguccio was not the first thinker to take this daring step. As we shall see, he was only one of many theologians who realized that the rules applicable to the governance of the church were equally applicable to the secular realm. Probably the earliest thinker to do this was an Alsatian monk, Manegold of Lautenbach, who died sometime between 1103 and 1119. Manegold lived during a time when Pope Gregory VII twice excommunicated King Henry IV (in 1076, and then again in 1080). This raised two thorny questions: “Was it possible for a king to be deposed? [and] What was the origin of royal power?” Manegold acknowledged that a king could be deposed because the monarchy was elective and conditional, and subject to the reciprocal oaths of the coronation ceremony. Manegold observed that the king promised “to administer justice and maintain the law,” just as the people sweared fealty to him. He concluded that the oath of the people was ‘ipso facto’ null and void if the king did not uphold his part of the bargain.

Manegold “produced a theory of kingship unique in contemporary literature.” In his manuscript, LIBER AD GEBEHARDUM, written around 1085, Manegold “maintained that there is a pactum between the king and his people, and that the latter owe no obedience to a king who breaks the contract by violating the law (chaps. 30, 47).” Then “with characteristic audacity” Manegold “reinforces this principle by a comparison from humble life.”

Manegold compared the tyrant king to a swineherd who was hired to attend to one’s pigs, and who was discovered to be butchering them instead of caring for them. In such a case, there would be no question about whether the swineherd should be fired in disgrace, as there should be no question about the appropriate disposition of the tyrannical king. Since the state was based on a contract, a violation of its terms by the king brought about its termination and all obligations on the part of the people similarly came to an end.

However, while Manegold agreed that a king who ruled badly ceased to be a king, he probably did not realize the anarchistic implications of such a position. As one modern commentator noted: “If the people can decide at any moment, such as when the government imposes new taxes, that the fundamental pact has been broken and rise in revolt, anarchy is bound to be the consequence.”

In the centuries that followed Manegold there were other Catholic thinkers who explicitly dealt with questions of consent. Godfrey of Fontaines was born around 1250, and studied liberal arts at Paris under Thomas Aquinas (1269–72). During the late 1280s he was engaged in a series of public discussions, known as quodlibets, one of which dealt with the question of “whether a ruler can impose a tax, and whether his subjects are bound to pay for it, when he says that it is for the common utility of the state, but when the need for it is not evident.” The apparent occasion for the disputation was “the hefty taxes imposed by King Philip the Fair (of France) in order to sustain his wars.” According to Brian Tierney “Godfrey’s text included an explicit argument about the right of consent to taxation as an essential attribute of a free society. . . . [W]hen anyone ruled over free persons . . . he ought not to impose any burden on his subjects except with their consent. Because they were free persons the subjects ought not to be coerced. When they paid a tax they should do so voluntarily because they underst[oo]d the reason for the imposition. It was not enough for the ruler to say that he was levying a tax for the common good or by reason of state necessity; if he did not seek consent of the subjects they were not obliged to pay.”

Despite Brian Tierney’s unqualified interpretation of Godfrey’s stance on the importance of “consent to taxation” in the late 13th century, other modern commentators have been more circumspect. Thus Marshall Kempshall pointed out that while “Godfrey [was] certainly familiar with the Roman maxim ‘what touches all must be approved by all,’ (quod omnes tangit ab omnibus comprobetur) he [was] careful to keep his options open when it [came] to defining exactly how that approval [could] be registered.” Furthermore, Godfrey argued that those who refused to pay a just tax should provide restitution to those who did. Godfrey recognized that consent was not the only means “by which extraordinary taxation could be legitimized.” In the end, it was “[t]he common good, not consent, [that] remain[ed] the ultimate measure of legitimacy” for Godfrey.

In his discussion of “Hierarchy, Consent, and the ‘Western Tradition’,” Brian Tierney notes that the canonists did not teach that ruling power in the church came from personal holiness or individual wisdom. “When the canonists asked where jurisdiction came from, they normally emphasized election. In another variation of the Quod omnes tangit phrase they held that ‘he who is to rule over all should be chosen by all’. . . . Did ruling authority inhere in certain persons by virtue of their own intrinsic qualities . . . [o]r did licit rulership arise . . . from active consent. . .?” Reviewing the canonistic responses to this question, Tierney writes

Marsilius of Padua (ca. 1325) argued that, because all good government was rule over voluntary subjects, it followed that such government had to be established by consent. Marsilius considered the argument that superior wisdom gave a title to rule and overtly rejected it. A ruler acquired power solely by election, “not by his knowledge of laws, his prudence, or his moral virtue.”

Just a few years prior to Marsilius, the Master General of the Dominican Order, Hervaeus Natalis, elaborated a similar argument. Hervaeus acknowledged that “it was indeed fitting that a wiser and better man should rule, but these qualities did not in themselves confer jurisdiction. If such a man tried to seize jurisdiction, he would become wicked in the act of doing so.” In 1323, he “presented a systematic argument that all licit government must be based on consent of the governed.” Hervaeus questioned how a “ruling authority,” such as a king, could arise. It was clear to Hervaeus that jurisdiction did not inhere in any person by nature, because by nature all men were equal. If a king held jurisdiction without consent, he held it by violence. “Then it would not be a licit power, for violent possession conferred no right.” According to Brian Tierney, there remained only one possible answer for Hervaeus: “legitimate ruling authority . . . came ‘only from consent of the people’ (per solum consensum populi).”

Other 14th century canonists concerned themselves with similar problems. Duns Scotus (ca. 1300) argued that “the decision of a prudent man did not in itself bind a community” to do his bidding. “[P]olitical authority was justly derived from ‘the common consent and election of the community’.” Suppose a group of strangers came together to build a new city, Scotus asked. They would need some sort of rules in order to cooperate. “Hence, . . . [Scotus] suggested, they might all submit themselves by consent to one ruler or each submit himself to the authority of the whole community.” He plainly concluded that all political authority, whether it rested in one person or in the community, could “only be justified by the common consent of that community.” Durandus of St. Porcine (d. 1332) viewed the matter in a slightly different manner. “Even if there were one man in all the world better and wiser than any other person it would not follow that all should obey his laws. There would always be more wisdom inhering in the whole community than in any one outstanding individual.” Durandus, like Manegold, argued that when a ruler’s power “ceased to serve the end of public expediency it could be revoked.” William of Ockham (1300?–1349?), the English scholastic philosopher, of Occam’s Razor renown, held that “legitimate government must be based on consent because ‘by nature all mortals (are) born free and not subject to anyone else,’ and ‘only by an express act of will can one subject oneself to the rule of another’.” He also held that “no community could confer absolute power on a ruler because the community itself did not have absolute power over its individual members.”

One of the last and greatest of the conciliarist thinkers of the 15th Century was Nicholas of Cusa (1401–1464) Nicholas was a prelate and bishop who wrote DE CONCORDANTIA CATHOLICA in the early 1430s to support the work of the Council of Basel. The dominant theme of this tract was “the search for universal harmony” and how it might be established.

In one of the most famous passages in his DE CONCORDANTIA CATHOLICA, Nicholas accepts the natural equality of all men. All men are by nature equally free. From this view results his argument that men cannot be submitted to a government except through their own consent. Nicholas saw that every government (principatus) . . . is based on agreement (concordantia) alone and the consent of the subjects (consensu subjectivo). . . . The valid and ordained authority of one man naturally equal in power with the others can not be set up except by the choice and consent of the others.

Although “Nicholas’ theory of consent [wa]s not based on the modern concept of natural rights” and largely rested on a belief that “all true and ordained powers are ultimately a Deo (from God),” Nicholas believed that “the nature of Christianity . . . excluded all compulsion.” “Consent meant to Nicholas a unanimous agreement of all under the guidance of the Holy Spirit.” In this sense, Nicholas embraced the medieval view that the “church was always conceived of as a free society, united by the voluntary consent of . . . [its] members.”

Another medieval thinker whose ideas impacted on consent theory was Wessel of Gansforth, who was born in the Netherlands about 1419 and died in 1489. His major work, TRACTATUS DE DIGNATE ET POTESTATE ECCLESIASTICA, written during the later part of his life, is largely of interest because of its emphases on individual conscience, freedom and responsibility. Ever since St. Augustine wrote DE CIVITATE DEI, early in the Fifth Century A.D., Christian thinkers have argued that men must follow the biblical injunction ‘obey God rather than man,’ and suspend their political allegiance when their national leaders violate divine law. During the Middle Ages that came to mean that “the individual believer must place the moral and spiritual guidance of the hierarchically-ordered Church ahead of the legal authority of the State (though that was itself a novel departure fraught with revolutionary implications), but also that it may be necessary for him in extremis to follow the promptings of his own conscience rather than the mandate of any authority whatsoever, including that of the Church.”

Gansforth was undoubtedly familiar with the “medieval canonists and moral theologians [who] often upheld the overriding value of the individual conscience as a guide to right conduct.” In the Twelfth Century Peter Abelard had taught “that to act against one’s conscience was always sinful, even if the conscience erred in discerning what was right.” A century later Thomas Aquinas discussed the role and status of conscience in the SUMMA THEOLOGICA and QUAESTIONES DISPUTATE DE VERITATE, and confirmed what Abelard had taught: “A person was always obliged to do what his conscience discerned as good, even though the conscience might be mistaken.” The same doctrine was taught by Pope Innocent III (1198–1216) and incorporated into The Ordinary Gloss to the Decretals: “One ought to endure excommunication rather than sin . . . no one ought to act against his own conscience and he should follow his conscience rather than the judgment of the church when he is certain . . . one ought to suffer any evil rather than sin against conscience.” Gansforth was surely familiar with the words of Innocent III who taught that “under certain circumstances one must humbly accept excommunication at the hands of one’s ecclesiastical superior rather than go against one’s conscience by obeying him.”

Gansforth takes “for granted the traditional Christian teaching that the individual conscience may set a negative limit on the extent to which those in authority can oblige us to obey. What he is at pains to make clear . . . is that the conscience must exercise that prerogative, not only in relation to the princes and potentates, emperors and kings of this world who exercise a civil authority, but also in relation to popes, bishops, and other religious superiors whose authority is ecclesiastical.” In “addressing the issue of ‘how far subjects are obliged to obey their prelates and superiors’ and advancing an argument that he specifies as applying also to kings and civil magistrates, Gansforth portrays the relationship between subject and ruler as a contractual one, conditioned by the law of contracts (lex pactorum) and grounded in free consent.” Reminiscent of Manegold of Lautenbach, Gansforth “goes on to argue that if the ruler breaks the terms of the contract, then the subject’s obligation ceases and the ruler should be deposed.”

The ideas about consent that were discussed by Wessel of Gansforth and other medieval thinkers, though often radical in their implications, were not usually thought of in that manner. However, the Spanish Dominican missionary and historian, Bartolome de Las Casas (1474–1566) actually took them to their logical conclusion. “The whole of Las Casas’ life work was inspired by a conviction that the Indians [of the New World] could be converted to Christianity only by peaceful persuasion without any violence or coercion. In defending the Indians, he emphasized their natural right to liberty.” Brian Tierney describes Las Casas’ radicalism as based on liberty: “more precious and priceless than any riches a people might possess. In the DE REGIA POTESTATE the Dominican . . . defended a right to property and right to institute rulers by consent as ancillary to the fundamental right of liberty.” Las Casas argued that a ruler’s jurisdiction over his subjects did not extend to ownership of their property. “[S]ince, in the beginning, all people were free, the authority of a ruler could only be derived from their voluntary consent—otherwise they would be deprived of the liberty that belonged to them by natural right. It followed, too, that a ruler could not impose taxes or other burdens unless the people voluntarily consented; they did not lose their liberty when they elected a ruler.”

Las Casas challenged the right of the Spaniards to rule over the Indians of Central America. He chose the legal phrase, quod omnes tangit (whatever touches all is to be approved by all) to protect the American Indians. When asked how Spanish rule over the Indians could become legitimate, Las Casas cited the same canonistic text (X.1.2.6) that Ockham had used: “No community could confer absolute power on a ruler because the community itself did not have absolute power over its individual members.”

Whenever a free people was to accept some new obligation or burden, he [Las Casas] explained, it was fitting that all whom the matter touched should be summoned and freely consent. Then Las Casas added, echoing earlier canonistic doctrine, that a group of people could have a right either as a corporate whole or as separate individuals. In the first case, the consent of a majority was sufficient; in the second case the consent of each individual was required. Las Casas maintained that this latter kind of consent—omnes et singuli—was needed to legitimize Spanish rule over the Indians. The consent of a whole people could not prejudice a single person withholding consent. Especially where liberty was concerned, the case was common to all and many as single individuals. It would detract from the right of each one (juri uniuscuiusque vel singulorum) if they all lost sweet liberty. Rather than a majority prejudicing a minority in such a case the opinion of the minority dissenters should prevail.

Las Casas’ argument is stronger than most anything from the Levellers in the next century; certainly stronger than anything from the pen of John Locke; and arguably more radical than the Declaration of Independence or any document emanating from the American Revolution against Britain.

It is poignant that such views were developed by a Catholic thinker, much of whose life was devoted to the study of medieval theology, and who made “the doctrine of natural equality and freedom” of man and woman—“as old as the Stoics” the very foundation of his thinking. If we argue that freedom flourished in the West, as nowhere else in the world, then it is easy to identify the medieval Catholic Church as a nearly unique causative factor. Despite its negative attributes, the Church made some very important contributions to Western freedom. Principally these were: “a limitation of state power, especially in matters of religion; a well-developed theory of consent as the basis of legitimate government; new techniques of representation; [and] a nascent theory of natural rights.” The institutional dualism of the medieval ages, represented on the one hand by the Church, and by the State on the other, marked “the birthpangs of something new in the history of mankind: a society in which the state was stripped of its age-old religious aura and in which its overriding claims on the loyalties of men were balanced by a rival authority. . . . [I]t was in the interstices of a fragmented political world that private economic enterprise found room in the Middle Ages to grow. To that it must now be added that it was between the hammer and the anvil of conflicting authorities, religious and secular, that Western political freedoms were forged. Medieval constitutionalism was the product of many mutually supportive factors, by no means all of them religious; but whatever the strengths of those factors, without the Christian insertion of the critical distinction between the religious and political spheres, and without the instability engendered as a result by the clash of rival authorities, it is extremely unlikely that the Middle Ages would have bequeathed to the modern world any legacy at all of limited constitutional government.”

It probably never entered into the minds of any medieval thinkers that the concept “limited government” could be a contradiction in terms. Despite the arrestingly modern intonations of the more radical of the medieval consent theorists, medieval consent was always conditioned on the presupposition that some sort of authority must exist and that political rulership was natural to man. To argue as Brian Tierney has, that so far as constitutional theory is concerned the period from the late 12th Century to the late 17th Century is a single historical epoch which embraced consent theory as the basis of legitimate government is to miss the point that there would probably never be any legitimate government if governments had to rest upon true, uncoerced consent. The mid- to late-19th century and 20th century radical libertarians understood this. Their forebearers, like Marsilius of Padua, William of Ockham, Hervaeus Natalis, Nicholas of Cusa, and all the rest of the historical figures cited here did not. Brian Tierney is right in lumping many centuries of medieval consent theorists together. However, he shouldn’t have stopped with Bartolome de Las Casas, Richard Overton, and John Lilburne from the 17th Century. Each century that has followed has had its own radical adherents to consent theory. Josiah Tucker from the 18th, Benjamin Tucker and Lysander Spooner from the 19th, and Murray Rothbard and Hans-Hermann Hoppe, from the 20th are just a few of the thinkers who have fleshed out the implications of consent theory as it evolved into individualist anarchism. Thus, it should be perfectly clear to anyone who cares to review the history of consent theory in Parts I and II of this article that “to contend that individual consent is the moral justification for government is to lay the groundwork for anarchy.”

[A fully footnoted version of this article is published in THE JOURNAL OF LIBERTARIAN STUDIES.]
[This article formatted for HTML by Mike Dworski.]

How I Became an Autarchist … and Why I Am Now a Voluntaryist


By Diego Julien
September 14, 2020

I was born in Montevideo Uruguay, in 1981. I came from a humble, working-class family. For historical reasons, everything related to politics had been very present in my house since childhood. Like almost all of Latin America in the 70s and 80s, Uruguay also had a dictatorial government and due to the damage that this wreaked on my family, political party militancy was an important part of my childhood. The slogan then was clear: left-wing people were good and poor; right-wing people were bad and rich. Clearly as I grew older, this narrative of super-heroes and super-villains became obsolete.

As for my family, I don’t really have much to disclose about them. Although I have not had a bad relationship (it has improved over the years), probably the fairest thing is to say that their influence in this area was to show me that I could not rest much on them and therefore since my adolescence I had to find my own models well-separated from them. This does not imply an economic independence (this came much later) but a strong psychological independence, which was even more important. My parents were very good especially when it came to their insistence that I study formally (it is difficult to earn a living in Uruguay even with a professional degree, much more without it). Somehow they wanted me to do what they didn’t do, but they never pushed me to the level of torture with this. They trusted me for this, much more than any other aspect of a child’s life. I think they are not disappointed. I am glad to think that in any case their happiness would be a by-product of my activity. They also showed me that you could be very educated and trained without having gone to university (as was their case), which I later complemented with the inverse situation, when I found that you can really be an idiot with several postgraduate degrees. Many of the most interesting people I have ever come across have never been to college, and maybe that is the result of their not attending college.

The biggest influence on my transformation from a supporter of limited and military government to LeFevrian autarchist ideas has been the Myers-Briggs typology (and later Keirsey). This came through my work in Human Resources where this chart was used to create work teams. This took place during 2013. At that time I was working as a civil servant in the Ministry of Industry, Energy and Mining. After getting familiar with the chart during the next few years, I decided to identify myself as a Stoic, and graciously submitted to whatever other testing was available in order to confirm this.

Then, I found that from time to time, the labels on the chart changed. It first came on the scene during World War I, and was used by the US Military in World War II. Some time in the new century, Stoicism was replaced by Autarchism. The problem was that I had never heard of Autarchism. When I looked it up on Wikipedia I read about Robert LeFevre. Who was this man? This in turn led me to Carl Watner’s biography of LeFevre, TRUTH IS NOT A HALFWAY PLACE, which I finished reading in 2019-2020.
Autarchist
The four letters on the chart stand for the different configurations of basic personality types (there are 16). Each letter corresponds to a “function” of the human personality: Introversion / Extroversion; Intui­tion / Sensing; Thinking / Feeling and Judging / Per­ceiving.

There is also a way to classify them into groups of four based on the role to which privilege is granted (this differs for MBTI and Keirsey, as each has a different classification criteria).

In my own case, I came closest to the INTJ: Introversion; Intuition; Thinking; and Judging. As you can also see, I have medium degree of fluency in English, but it is not my native tongue. I have a professional doctorate in Law and Social Sciences (equivalent of a J/D in North America) and a bachelor degree in Philosophy. I am also working on an extended Master’s degree in Contemporary Philo­sophy about LeFevre, tentatively titled “The Autarch­ism of Robert LeFevre: Between the dirty reality and the ‘neat’ utopia.”

Although ‘voluntaryism’ is not on the Briggs, Myers, Keirsey chart, I eventually found my way to the voluntaryist website. There was a link to it in the Autarchism article I had found in Wikipedia. I certainly did not expect to find in this philosophy something that was directly opposed to LeFevre’s thought, and it was hoped that I would also feel comfortable with the line of thought that voluntaryists advocated. Without difficulty I could commune with each and every one of the points in the Fundamentals of Voluntaryism, as well as in the Statement of Purpose.

It was at this point that I begin to wonder why I was not a voluntaryist, and – more interestingly still – why LeFevre could not be considered a voluntaryist. I am convinced, until evidence to the contrary is presented to me, that there is no reason to argue that LeFevre cannot also be considered a sort of voluntaryist (at least if what is required to be one is the peaceful acceptance of the Statement of Purpose). In the same way, this criterion could be applied to me, as long as I agree with what LeFevre thought (and that is why I am an autarchist) and at the same time I have no qualms about accepting the voluntaryist fundamentals. Ultimately, the only objection that could be minimally acceptable is in the semantic field. It is obvious that “autarchism” and “voluntaryism” are not synonymous. On the other hand, it is also true that LeFevre came to formulate the term “autarchism” based on a need that pushed him to distance himself from the violent anarchism of the early 1960s. Still, LeFevre never was really comfortable with the term “autarchism.” In his announcement in 1965, he said it was for “lack of a better name” and “until we have a better name” that he would call himself an autarchist. Perhaps the best argument is to claim that there is no contradiction between the two philosophies. I believe that autarchism is comprised within voluntaryism. It is in this sense, that I consider LeFevre’s Autarchism to be a form of Voluntaryism.

A Vault Full of Gold: Bernard Baruch and FDR’s Gold Confiscation


By Carl Watner (July-August 2020)

I have had a long-standing interest in the national bank holiday of 1933, and the Presidential Executive Orders and Proclamations which mandated the surrender of gold and gold coinage held by American citizens. Over the years I have read of numerous court cases challenging the Treasury’s abrogations of the government’s contractual promise to pay ounce for ounce in the event of a government devaluation of its currency. But never before do I recall reading about Bernard Baruch’s speculative effort to profit from these government antics.

Bernard Baruch (1870-1965) was a highly successful American businessman, financier, stock investor, statesman, philanthropist, and political adviser to Presidents Woodrow Wilson, and Franklin D. Roosevelt. He lived at least partly during an era that had no federal income tax or capital gains tax, in which travel to foreign countries required no American passport, in which people regularly used gold coinage, and during which large commercial transactions were measured by an unchanging gold standard. What we refer to as “the gold standard” was actually a provision in government legislation that limited the issuance of government paper money. For every $ 20 ($20.67 to be exact) of paper money the US Federal Treasury issued it would have to warehouse (subject to fractional reserve provisions) one ounce of gold. Its importance was that it placed a real, actual limit to the issuance of paper money by the government. It insured that the paper money of the United States would never again be decried as “not worth a continental.”

In BERNARD BARUCH, THE ADVENTURES OF A WALL STREET LEGEND (1983), a biography written by James Grant, there are several examples of Baruch’s fascination with gold. Grant refers to him as “a lifelong gold partisan.” (57) By the time he turned twenty-seven, Baruch had parlayed a $300 cash investment in the American Sugar Refining trust into nearly $60,000. During the fall of 1897, Baruch married his wife, Annie (October 20), and shortly thereafter bought his brother, Harty, a seat on the New York stock exchange for $20,000. He also wanted to celebrate his parents’ thirtieth wedding anniversary by giving them $30,000, “one thousand gold dollars for each of his father’s married years, … .” (44) “Thus in the course of a few months, Baruch had earned $60,000, distributed two thirds to the men he idolized and married the woman he loved.” (44) Still attracted to gold, three years later, Baruch presented his father “with a $75,000 retirement trust fund and thereby [hoped to] ease his financial worries.” (72)
Baruch also took an interest in mining concerns, such as the Alaska Juneau Gold Mining Company. Grant describes this as “perhaps the longest-running disappointment of Baruch’s venture-capital experience.” (100) The company was founded during the late 1890s, and was based on a claim outside the city limits of Juneau. Baruch agreed to underwrite the company’s attempt to expand in 1915, but his efforts were futile. The stock price slid from an opening of $ 15 a share to $ 2 in 1917. “Not until 1931 did the mine yield its first dividend. In 1934, when the dollar was devalued against gold, the mine and its shareholders enjoyed a windfall. Baruch reaped an especially large profit, for he had been buying stock and gold bullion in expectation of some such fiddling with the currency.” (102)

By late 1931, Baruch had already “decided that a man might prudently lay in some gold for himself.” (250) In early April 1932, Baruch’s vault in New York began receiving large shipments of gold bullion. Frances Perkins, Roosevelt’s Secretary of Labor, related a Cabinet meeting in which someone accused Baruch of having “a whole vault full of gold bricks.” (260) “By February 1933, the Alaska Juneau Company had sent sixty-six gold bricks (of which Baruch had three melted down to test the company’s assay) while an unknown quantity was received from London.” (252) Although the exact dollar amount of gold purchased from Alaska Juneau is unknown, it is estimated that Baruch purchased close to $1,500,000, or 72,000 ounces of gold. When the president of Alaska Juneau was asked why Baruch had bought, “he replied simply, ‘In anticipation of a higher price for gold’.” (252) The April 1933 Treasury order requiring surrender of gold owned by US citizens applied to Baruch, so he missed out bagging over $1,000,000 in profit.

Other citizens with claims to gold were also thwarted by the government. Many contracts, including long-term bonds, were written with gold clauses requiring payment in gold coin or its equivalent in dollars. Thus a $1000 fifty year bond written in 1883 would call for payment of $1000 in gold coin (the equivalent of 50 ounces of gold at $ 20 per ounce) or its equivalent in paper money. The problem was that after the Presidential Executive Order was issued it would have taken $1750 to buy 50 ounces of gold (50 ounces at the newly declared priced of $ 35 per ounce). Who was to profit by the government’s devaluation – the bondholder or the government? Finally in 1935,a majority of the justices on the Supreme Court decided that since US citizens could not “legally” own gold, they could not claim reimbursement in gold coin or its new value in paper money.

In an article Baruch wrote for FORTUNE in 1933, “ he bemoaned the injustice of going off gold. By going off the gold standard we have become a nation of dishonest people in our relations with the bondholders, … .” (268) He would have agreed with dissenting Chief Justice McReynolds that the Constitution was gone. “The guarantees heretofore supposed to protect against arbitrary action have been swept away.” Nevertheless, he saw a way out for the government to save face. “Baruch suggested that the Treasury should levy a tax on the devaluation premium. For a rate of tax he proposed 100 percent, …” (270) What a cruel kind of tax law: what the government giveth, it soon taketh away. Even Baruch’s “bankful of gold bricks” could not protect him against such a strange kind of justice.

Auto Racing Safety – A Voluntaryist Enterprise


By John Nelson (June 21, 2020)

As a reader of THE VOLUNTARYIST and as a long-time fan of oval track auto racing, it occurred to me that an article on the history of this predominantly private sector sport would be appropriate. I would like to begin by briefly reviewing the early history of motor sports. For those of you unfamiliar with the sport, I will explain the main types of auto racing. Then I would like to answer the question: “Who Governs Auto Racing?,” which includes looking at the roles of Sanctioning Bodies, Racetrack Owners and Promoters, Manufacturers and Private Foundations. Then I will examine Safety Trends in a hobby that – when it began – didn’t even know what safety meant. Who pushes for racing safety? Auto racing has been a hobby, and now an industry, that evolved with little or no government involvement. So let’s move “off to the races,” to see what history has to tell us about how the free market works.

American Racing History, A Brief Look

As Allan Brown [1] records, auto racing is nearly as old as the automobile. The world’s first organized speed contest took place on July 22, 1894 and ran from Paris to Rouen, France. The first such event in the United States ran from Chicago to Evanston, Illinois and back through deep snow on November 28, 1895. These and other early point-to-point races took place on public roads, most of which were unpaved. Still remembered today is the grueling New York to Paris race of 1908. The cars began in New York, crossed the continent to Seattle, and boarded boats for transport to Valdez, Alaska. From there they proceeded under their own power across the frozen Bering Strait and Siberia, blazing their own trails en route to Paris. The winning American-made Thomas Flyer covered the distance of 13,341 miles in 161 days.

The first American auto races on an oval track took place in September 1896 at Narragansett Park in Providence, Rhode Island on a 1-mile track built for horse racing. Seven cars were entered, five gasoline and two electric. Bad weather, a rough track, and frequent breakdowns marred the performance, but the Narragansett races foretold the American taste for oval-track racing as opposed to the road racing that prevails in most of the rest of the world. Oval tracks enable promoters to collect admission from spectators who enjoy a view of the entire race from a grandstand.

Early oval races that followed Narragansett Park likewise took place on horse racing tracks, either privately owned facilities or state and county fairgrounds. And as mentioned in Issue 191 of THE VOLUNTARYIST, the first exclusive-use highway in the United States was designed not only for racing, but for genuine pleasure driving when not being used as a track. It was built with private funds by William K. Vanderbilt II in and opened in October 1908 on Long Island, New York. Yet enthusiasm for the sport rapidly prompted construction of purpose-built speedways, the first of which was Lakeside Auto Speedway in San Diego, California. The brick-surfaced 2.5-mile Indianapolis Motor Speedway was completed in 1909 and hosted its first 500-mile race in 1911. Many others soon followed, the most spectacular being the board tracks that flourished during the 1910s and 1920s. Ranging mostly from 1.0 to 1.25 miles around and banked as steeply as 50 degrees, these were the first American superspeedways. They fostered incredible speed and exacted a fearful toll of casualties. Fires, storms, and rapid deterioration were the undoing of the board tracks. High-banked superspeedways would not return until 1950 when Darlington (South Carolina) Raceway opened in 1950.

American Oval Tracks, Major Types of Cars

While stock car racing existed before World War II, open-cockpit (or open wheel) race cars were the norm during this period. These took three main forms. At the top was Championship racing sanctioned by the American Automobile Association (AAA). These were long-distance affairs held at Indianapolis and other large (mostly 1 mile or longer) dirt and paved tracks. Drivers qualified through time trials with the fastest starting on the pole. Many of the cars carried a riding mechanic, who worked a hand pump to pressurize the fuel tank and warned the driver of traffic approaching from behind. Two-man cars continued at Indianapolis through the late 1930s, when the use of rear-view mirrors pioneered by 1911 Indianapolis winner Ray Harroun finally became prevalent.

Slightly smaller than a Championship car was a dirt-track car, now called a Sprint Car. These raced (and race today) primarily on tracks of ½-mile or shorter in a series of short races, including heats, semi-final or consolation, and a 20- to 40-lap feature event. Every ounce of unnecessary weight is removed, including clutch, transmission, battery and starter motor, so the cars must be pushed to start and pit stops are not part of the program. In the mid 1930s a third type of open wheel car came onto the scene, the Midget. Resembling scaled-down Sprint Cars, the Midgets are at their best on tracks of ¼-mile and shorter. From about 1935 to 1950 hundreds of Midget tracks were built and for the first time, the public could enjoy auto racing on a weekly basis. The small scale of Midget racing enabled promoters to bring the activity to urban dwellers on tracks built in football and baseball stadiums and indoors for wintertime racing.

Stock car racing as we know it began in the southeastern United States shortly after the end of World War II. An abundance of cheap pre-war coupes and sedans enabled speed enthusiasts to compete on a shoestring. By the early 1950s stock car competition had spread throughout North America and nearly drove the Midgets to extinction. It spurred the greatest boom in American auto racing history with 2,457 speedways active during the 1950s, compared with 1,620 tracks in the next most prosperous decade, the 1960s [2].

Most early stock car racing involved Modifieds, old cars cut down and modified for speed. During NASCAR’s first official season of 1948, the club sanctioned Modified racing only. In the following season Bill France introduced the “Strictly Stock” division featuring new-model cars with no modifications permitted. Although not entirely novel (AAA and other clubs had previously sanctioned new-car races), NASCAR’s version ballooned in popularity and evolved into today’s Cup Series. Today’s Cup car is totally a purpose-built racing machine that in the name of safety and reliability, uses not a single component designed for street use.

Facing competition from a multitude of entertainment media, oval-track racing in America has been declining in recent years. Allan Brown lists 1,083 oval tracks active between 2010 to 2016. Below the top levels such as IndyCar and NASCAR, most speedways operate on a weekly basis during the warmer time of year. A few dozen of these feature Sprint Cars as the leading division. Midgets are relegated to special events and touring series, appearing at a given venue once or a few times annually. The remaining tracks headline some form of stock cars, generally Modifieds or “Late Models”, which (especially in the dirt-track variety) bear scant resemblance to any new car sold to the public. Below these top-line divisions are a host of “support” divisions intended to allow amateurs to race at a modest cost. Most of these are based on older Modified and Late Model cars with less expensive engines, but at the lowest level one can still find true stock cars with changes allowed only for the sake of safety.

Safety Trends

Although difficult to quantify, tremendous advances in safety have taken place in 125 years of auto racing. The raw data can be accessed on http://www.motorsportmemorial.org/index.php?db=ct, which carries accounts of every known fatality in worldwide motorsports from 1896 to the present. I have not located (or attempted to compile) statistics on fatality by year, much less on fatalities per number of participants or number of races. The Indianapolis Motor Speedway, however, provides a snapshot of long term trends. Sixty people have died in race-related incidents since the first 500-mile race in 1911. Only four of these occurred in the last 40 years, the most recent being the death of driver Tony Renna in 2003. Early tolls were inflated by the practice of cars carrying riding mechanics, 12 of whom perished in crashes until two-man cars were abolished after World War II.

Let’s compare a Sprint Car from the 1930s with one of the present day. The basic form of a Sprint Car has changed little since the 1930s. Designed to race on dirt and paved oval tracks of ½ mile or less, these are the fastest machines in this type of racing. A modern Sprint Car weighs 1,325 to 1,400 pounds with the driver and is powered by an engine up to 900 horsepower. It can easily pop a wheelie coming out of the turn on a dirt track.

The 1930s driver wore goggles, gloves, and some form of protective headgear. The best helmet available in the late 1930s was the English-made Cromwell, which had a hard shell but no inside harness. Well-heeled teams usually wore custom-made suits, but most drivers wore street clothes. A few drivers used belts to hold them in the seat on rough tracks. Rollover protection was unknown. The fuel tank was a simple container inside the tapered tail behind the driver. Except at the highest levels, the car itself was largely built with frame, axles, suspension, and other components from passenger cars, often sourced from wrecking yards. The straight rail frames from Model T and Model A Fords were common.

The modern Sprint Car driver wears a tailored fire suit, usually accompanied by fire-resistant gloves, underwear, and shoes. The helmet is certified according to the rigorous, frequently updated standards of the Snell Foundation. Most tracks and sanctioning bodies require head-and-neck restraints designed to protect against the whiplash injuries that claimed many lives in past decades. Part of the safety system is the seat, a full containment design that tightly cradles the driver. Still in the tapered tail, the fuel tank is now a fuel cell built with internal bladder and baffling inside to minimize the chance of spillage and fire during a crash. All of this is inside a unified chassis and roll cage constructed of high strength steel tubing. Although serious injuries and fatalities still occur, most drivers walk away from terrifying rollovers.

Who Governs Auto Racing?

A multitude of private individuals and organizations govern automobile racing. Unlike baseball or basketball (for example), motorsports encompass a wide range of genres, each with its own fan base and group of competitors. Amateur and professional road racing, drag racing, Indy cars, stock cars, off-road competition and land speed record attempts are just a few of the racing disciplines for four-wheeled vehicles. In stock car racing alone, varieties range from the NASCAR Cup Series down to enduros where anyone can enter a $300 junkyard fugitive. Historically and at present, official governments have taken little interest in motorized competition beyond using it as a source of revenue and with high-profile events, as a source of local and national pride. Rarely have governments inserted themselves into any procedural aspects of motor racing, including safety for participants and spectators. That has been left to private managers of the sport.

Sanctioning Bodies

The organizations that oversee specific forms of auto racing are called sanctioning bodies. Familiar examples include NASCAR, IndyCar Series, Formula One, and the National Hot Rod Association (NHRA). Scores more such organizations are known only to devoted followers of specific forms of racing. The January 2020 issue of Sprint Car & Midget Magazine listed 2019 driver standings in 104 series conducted by 52 sanctioning bodies within this subset of oval-track racing. The makeup of these sanctioning bodies varies. Some are controlled in monarchial fashion by single individuals and families, like the France family in NASCAR. Others were established and managed jointly by the managers of several racetracks. A few were formed, like labor unions, by drivers and car owners who were dissatisfied with the deals they were getting from established clubs and promoters. However constituted, race sanctioning bodies govern all aspects of competition within their domain, including car specifications, qualifications of drivers and mechanics, schedules, payouts, and safety equipment and procedures. Although some sanctioning bodies own racetracks, most negotiate with speedway owners concerning sanctioned events held at their facilities. Such arrangements typically entail the track owner paying a fee to the sanctioning body, in exchange for the promise of a higher level of competition that will attract more paying customers.

Racetrack Owners and Promoters

Management of auto racing facilities generally follows one of two models. The first involves tracks that are financed, built, and managed by private owners specifically for automobile competition. The owners may be individuals, families, partnerships, or corporations. The other model involves a promoter who leases an existing track and uses it for racing. Private speedway owners often hire experienced promoters who have a reputation for presenting well managed and profitable events. Governmental bodies also lease facilities to promoters who conduct races. Hundreds of county and state fairgrounds in the United States present oval-track racing (mostly on dirt tracks) on an occasional or weekly basis. This is a major source of revenue for fairgrounds that otherwise would lie idle most of the year and commonly lose money on their annual fairs. Municipalities occasionally close off public streets and roads to host racing events. Well known in this category are the Grand Prix of Monaco and street races at St. Petersburg and Long Beach in the USA. Financial arrangements may entail a flat fee, a percentage of the gate, or a combination of sources. Of course, governments rake off taxes from those who attend and participate in races, regardless of who owns the course.

Responsibility for safety at a speedway varies with the owner/lessee arrangement. If the races are sanctioned, the sanctioning body takes charge. Many track owners and promoters operate without sanction and devise their own rules. When a track is leased from a private or governmental owner, the promoter generally is responsible for maintaining liability insurance to indemnify the owner. Self-owned race courses must provide their own insurance. Because of the unusual risks in this sport, insuring motorsports has long been the province of specialty insurers. One of the best known is K & K Insurance, which sponsored the NASCAR Cup Series team of driver Bobby Isaac and crew chief Harry Hyde during the late 1960s and early 1970s. Founded in 1952 by Nord and Teddi Krauskopf, K & K today insures a wide range of recreational activities in addition to motorsports [3].

An interesting aspect of auto racing involves minimum ages of drivers. Fifty years ago, most speedways and sanctioning organizations expected their drivers to be old enough to hold a state driver’s license. Such rules were not always closely enforced; I’ve heard or read of numerous under-age drivers who lied about their age. Nowadays, children get involved in motorsports at very young ages. It is commonplace to find five-year-olds racing go-karts and advancing to larger and faster cars as soon as track and sanctioning officials allow. Some graduate to top-level professional classes at age 12 to 14. All of this is subject to case-by-case evaluation of the young driver’s ability. Because racing takes place on private facilities and under private supervision, state minimum age rules do not apply. One exception is in New Jersey, where the state police directly govern racing safety. Here a minimum age of 18 applies to professional classes, although younger drivers race less powerful cars.

Manufacturers and Foundations

Early race cars generally came from one of two sources. Some were based on automobiles built for driving on the street. These mostly were not “stock cars” as we know them today, but production cars converted into open cockpit racers. As mentioned above, most Sprint Cars of the 1930s and earlier were built largely from stock components. Even some Indianapolis cars were close to stock. Faced by short fields during the Depression, Speedway managers opened entries to stock-based cars, which were allowed much larger engines than the purpose-built racers. Studebaker-based cars compiled an excellent record at Indy, with several top-10 finishes during the 1930s. Outside of stock-based machines, racing machines were home built to widely varying standards of workmanship. Factory built parts for racing were largely limited to speed equipment for the engine. Safety of the final product was left to discretion of the builder, with oversight from the speedway owner, promoter, and sanctioning body (if any).

Beginning in the 1940s, craftsmen began fabricating race car chassis as a business. Best known in the field was Frank Kurtis, who built more than 550 chassis for Midget cars (scaled-down Sprint Cars), another 550 Midget kits, and dozens of Indianapolis cars. In 1953 there were 24 Kurtis entries in the Indy starting grid of 33 cars{4]. Through time, fabricated chassis came to dominate practically every form of racing except at the lowest levels where “strictly stock” components are required.

Aside from being inherently safer, factory-built race cars carry strong institutional pressures for safety. The builder’s reputation rides on a safe product. Any defects in design or workmanship would open the builder to lawsuits.
Some organizations not involved in manufacturing have devoted themselves to auto racing safety. In 1956 amateur sports car racer William “Pete” Snell died during an SCCA event when his helmet failed in a crash. Established in his memory the following year, the Snell Foundation grew into the Underwriters Laboratory of helmets for all forms of motorsports. The non-profit foundation is dedicated to research, testing, certification, and public outreach. No industry representatives serve on its board of directors. Certification standards are upgraded at least every 5 years and helmets meeting these standards receive appropriate stickers[5]. Most race sanctioning bodies require helmets meeting current Snell standards and also mandate replacing helmets older than specific dates and helmets that have been damaged.

Government Involvement

Aside from using auto racing as a source of revenue, as noted above, governments seldom take a direct interest in safety or any other aspects of the sport. This relative laissez-faire attitude extends even to totalitarian regimes. As he did with the 1936 Berlin Olympics, Adolf Hitler promoted the Grand Prix efforts of Mercedes-Benz and Auto Union (now Audi) as a source of national pride. The generally favorable attitude of the State toward racing and other recreation dates to “bread and circuses” of the Roman Empire. As a sideline, Roman chariots turned left on oval tracks, setting a tradition that continues today.

Calls to ban auto racing have periodically surfaced. The greatest crisis took place in 1955 when a race car at Le Mans, France went airborne and sailed into the crowd, killing 82 spectators[6]. The Swiss government issued a total ban on racing; it largely remains in force today. However, legislative efforts to outlaw or curtail racing in the United States were quickly squelched. The Le Mans tragedy did impel the AAA, America’s leading race sanctioning club, to exit the sport at the conclusion of the 1955 season.

New Jersey is the only U.S. state where the government directly supervises motor racing. The state police oversee all aspects of safety, including car equipment, driver safety, and spectator protection. However, the rules they enforce align closely with those in effect in other states where private parties are in charge of safety matters. In New Jersey and elsewhere, state and local authorities often involve themselves when fatal accidents take place at racetracks.

Who Pushes for Racing Safety?

Pressure toward safer auto racing comes from nearly everyone involved in the sport. Despite their reputations as daredevils, drivers have an obvious interest in self-preservation. Like baseball and football teams and leagues, race sanctioning bodies, speedway owners, and promoters want their stars to remain fit. Although outsiders sometimes deride racing fans as bloodthirsty, no true enthusiast wants to see drivers killed and maimed. And naturally spectators expect to be protected from cars and parts of cars flying into seating areas. Even in the less litigious times of the early 20th century, lawsuits from spectators deaths and injuries could bankrupt track owners and promoters.

A widespread practice during the 1910s and 1920s, occasionally later, was “hippodroming”: deciding in advance the outcome of a race. Although heavily derided, hippodroming was motivated by two interests, putting on a good show and reducing risk for the drivers. Outside of the highest levels, most races of this era were really exhibitions rather than true competitive events – much like professional wrestling today. Fields of cars typically were short and included one or two professional drivers who could easily lap the rest of the field multiple times. Thus, promoters arranged for the stars to hold back and provide some close racing for the paying spectators. Also, track conditions at fairground horse tracks were often wretched, with axle-breaking ruts and blinding clouds of dust. If the promoter did not take the lead, the drivers might agree among themselves to take it easy and split the purse evenly.

Drivers and car builders often installed safety features on their own initiative. One of the most famous American racers from the 1900-1920 period was Barney Oldfield. When friend and fellow racing star Bob Burman died in a rollover crash in 1916, Oldfield and engine builder Harry Miller built a radical new race car. “What Oldfield and Miller did was quite out of the ordinary as they built a race car with a roll cage inside of a streamlined compartment that completely enclosed the driver and that resulting car was the then cutting-edge ‘Golden Submarine.’” The car also had a welded all-steel frame, windows covered by heavy wire netting, and hydraulic brakes. The Golden Submarine toured the country to great acclaim. However, after Oldfield crashed into an infield lake and nearly drowned, he rebuilt the car as a conventional open cockpit racer without a roof[[7]. This episode illustrates that a safety feature designed to protect against one hazard may increase the risk from another. Roll cages wouldn’t become common on race cars until the 1950s.

Sometimes racers who installed novel safety features faced opposition from sanctioning and track officials. Beginning in the 1930s, some drivers used lap or shoulder belts to hold themselves in the seat on rough tracks. While practicing at Indianapolis in 1941, Joie Chitwood discovered “I couldn’t hold my foot on the accelerator because I was bouncing up and down so much. I tried to get the owner to change the car and he said, ‘No, if you don’t want to drive it we’ll get someone else.’ So I went out to my dirt track car and got my seat belt and put it in the Indianapolis car. When [officials] Rex Mays and Wilbur Shaw found out about it they came to me and tried to stop me from using the belt. I told them, ‘I’m doing this so I can stay in the car and drive it. I won’t be able to qualify it if I don’t.’ They finally let me use it after I promised to release the belt if I thought I was going to crash, something I never did at Indy.[8]”

Although post-war stock car racers quickly adopted roll bars, the open-wheel fraternity was slower to accept them. Some Sprint Car and Midget drivers thought roll bars reflected badly on their own courage, while others claimed they would make other drivers too brave and willing to crash their rivals. Nevertheless, single-hoop bars became fairly common on Midgets and Sprint Cars by the mid 1950s. Indianapolis did not require them until 1959. Greater resistance came against the four-post roll cages that were becoming commonplace on Modified and Supermodified stock cars. Beginning in 1958, some Supermodified racers installed inverted airfoils or “wings” on top of their roll cages, dramatically increasing speed through the turns. By the middle 1960s, dirt-track Supers were evolving into winged Sprint Cars. Non-winged traditionalists continued to resist roll cages, although some opportunists used bolt-on cages so they could race both with and without a wing. This situation continued until 1970, when several top-level non-wing drivers lost their lives in crashes they probably would have survived in a caged car. All of the major Sprint Car and Midget clubs required full roll cages the following season.

Occasionally a widely publicized mishap or tragedy prompted governmental intervention in racing safety. The results sometimes were less than exemplary. An example comes from Vermont, my native state. The scene was Colchester Raceway, a makeshift dirt oval near Vermont’s largest city, Burlington. During stock car races on September 24, 1950 two cars locked wheels and careened off the first turn toward a crowd of spectators. Two women and a 12-year-old girl were struck. The women were hospitalized with broken bones; the girl was treated and released. The Vermont State’s Attorney happened to be attending the races. First he charged the speedway owner with violating “blue laws” that forbade certain sports and entertainments on Sundays[9]. (The irony that the attorney violated the law by attending the races escaped him.) By 1950 such antiquated laws had fallen out of favor; the legislature repealed them in 1951. But in the same act, the lawmakers inserted various provisions aimed at safer racetracks. Among them were that all tracks must be surrounded by fences at least 3 feet high of wire mesh or planks[10]. This was an obvious nod to the Champlain Valley Exposition (CVE) and Rutland State Fair, state-owned facilities that held auto races on horse tracks surrounded by board fences.

The statute enabled the fairs to carry on with woefully inadequate crash barriers, far inferior to those used at private speedways. My research has not turned up a single case of serious injury to a spectator or off-track participant at any private Vermont speedway after 1950. The record at the CVE and Rutland Fairs stands in contrast: In four separate incidents at the CVE between 1952 and 1964, a mechanic was killed and nine spectators were injured by cars and parts of cars that tore through flimsy barriers. During the same time frame at the Rutland State Fair, a loose wheel left the fairgrounds and seriously injured a man walking on the sidewalk, and off-course stock cars damaged a food stand and spectators’ autos, fortunately without personal injuries[11]. The carnage is more remarkable considering that the state fairs held auto races only once or twice a year, whereas private racetracks generally operate weekly from late spring through early fall. The Rutland and CVE fairs discontinued motor racing in 1972 and 1982, respectively.

Conclusions

In reviewing the development of privately owned roads in the United States it would be easy to overlook the existence of motor sport tracks. However, they represent an important segment of that history. When poor design of government-built and government-owned roadways results in accidents and death, no government bureaucrat suffers financially. There is a disconnect between ownership of the roads and responsibility for what happens on them. As the Vermont state fair examples show, a similar lax attitude toward safety can enter when a governmental body owns and operates a racing facility.

A host of improvements can be credited for safer racing, including improved helmets, seat belts, roll cages, fuel cells, and fire-resistant clothing. The wooden fences that once surrounded racetracks have given way to earth, concrete, and steel barriers topped by heavy wire fences to catch loose wheels and parts. A remarkable aspect is that virtually all of these improvements have come about as a result of private, voluntary action on the part of racing organizations, speedway owners, manufacturers, foundations, and racers themselves. An inherently dangerous sport like auto racing is never likely to remain accident-free, but under a system which includes private ownership of the race tracks, rules set by the sanctioning bodies or track owners and competition to keep drivers and spectators safe, a voluntaryist regime has resulted in a very satisfactory track record.

Footnotes

[1] Allan E. Brown, The History of America’s Speedways Past & Present, 4th edition, 2017, Comstock Park, MI, p. 1-7.
[2] Allan E. Brown, The History of America’s Speedways Past & Present, 4th edition, 2017, Comstock Park, MI, p. xi.
[3] https://www.kandkinsurance.com/Pages/CompanyHistory.aspx
[4] https://www.sprintcarhof.com/pages/hall-of-fame.aspx
[5] www.smf.org/about
[6] National Speed Sport News, June 15, 1955, p. 3.
[7] Herb Anastor, Area Auto Racing News, March 24, 2020, p. 13-15.
[8] Jim Russell and Ed Watson, Safe at Any Speed, The Great Double Career of Joie Chitwood, Witness Productions, Marshall, Indiana, 1992, p. 76.
[9] Burlington Free Press. Vermont daily newspaper.
[10] “An Act to Regulate Motor Vehicle Racing”, approved May 18, 1951, Laws of Vermont No. 183, p. 270-272.
[11] Burlington Free Press and Rutland Herald, Vermont daily newspapers.

No Indians in Heaven: Bartolome de las Casas and the Question of Indian Sacrifice


By Carl Watner

This article can trace its roots back to a two-book review by Barton Swaim in THE WALL STREET JOURNAL on April 13-14, 2019, titled “Render Unto Caesar.” What really caught my eye, was the banner quote across the top of the page, that read:

You cannot parcel out freedom in pieces because freedom is all or nothing.” – Tertullian

The new book that dealt with Tertullian was Robert Louis Wilken’s LIBERTY IN THE THINGS OF GOD (2019). According to Wilken, “Tertullian [was] the first in the history of Western civilization to use the phrase ‘freedom of religion’.” (Wilken 11) Born of pagan parents between 150 and 160 AD, Tertullian’s most significant defense of religious freedom was his Latin tract AD SCAPULAM, probably written in late 212 AD. Addressed to Scapula, the proconsul of Africa, after he ordered the suppression of Christians in Carthage, Tertullian wrote:

It is only just and a privilege inherent in human nature that every person should be able to worship according to his own convictions; the religious practice of one person neither harms nor helps another. It is not part of religion to coerce religious practice, for it is by choice not coercion that we should be led to religion. (Wilken 13)

Although earlier Christian writers had defended their religious practices to the Romans, Tertullian broke new ground “in highlighting the freedom and dignity of human beings” (Wilken 16) and he was certainly one of the earliest thinkers to recognize that the power of choice in human beings was “innate, an endowment given at birth.” (Wilken 14) Although he did not describe it as such, Tertullian pointed the way towards seeing religious freedom as, what today would be called, a fundamental human right. (Wilken 2)

Nor did Tertulllian expand upon his insight that “freedom is all or nothing.” It took the better part of 2000 years for libertarians to apply his thinking to the political realm. What this brief discussion of Tertullian highlights s a significant point: namely, that religious and political freedom rest on the simple truth that neither should be coerced by external force. Coerced belief, whether it be to the end of enforcing religious or political conformity, is no belief at all. Forced belief may result in superficial behavior but it cannot command inner acceptance. Coercion and violence destroy the ability to choose and to take full responsibility for one’s choices.

One of the main thrusts of Wilken’s book is “that the principle of religious freedom – that is, that religious believers may worship as they wish – arose chiefly from Christian sources.” (Swaim) In the course of reviewing the history of Christian thinkers who developed this idea over the centuries, Wilken soon mentions Bartolome de las Casas (1484-1566). In my article, “’All Mankind Is One’:The Libertarian Tradition in Sixteenth Century Spain,” I wrote extensively about las Casas and the other Spanish scholastics of Salamanca. He was a combination of lawyer, philosopher, Old Testament prophet, and canon lawyer who was not afraid to go wherever his theology and conscience led him. Known as the Protector of the Indians, he grew not only more radical but more defensive of the Amerindians as he grew older. In 1502 he sailed from Spain for the island of Hispaniola in the Caribbean, and remained in the New World on and off for much of the rest of his life. He observed the Indians first hand. At one time, until his conscience awakened him, he was an encomendero and owner of Indian slaves. He witnessed many atrocities committed by the Spanish conquistadors against the Indians, and on numerous occasions tried to persuade the Spanish kings to “end the injustices against the native peoples.” (Wilken 42)

In defending the rights of the Indians, he argued that the Catholic colonizers should adhere to the ancient custom of the Church that people should be immune from coercion. (Wilken 43) “Compulsion, he argued, is opposed to freedom because it makes what is voluntary a matter of coercion. ‘It is impossible for a thing to be simply coerced or violent and voluntary’.” In a debate before a council of schoolmen in Valladolid in 1550, to illustrate his point he asked “’What does the Gospel have to do with firearms?’ The Church has no authority to spread the Gospel by coercion. As human beings made in the image of God, the Indians are free to accept or refuse baptism on the basis of their ‘natural right of freedom [naturale ius libertatis]’.” (Wilken 43)

Las Casas’ emphasis on immunity from coercion is embraced in what today is called the non-aggression principle. He believed the only way of converting the Indians to the truth of Christianity was by persuasion. (Sanderlin xvii) Despite the fact that in the eyes of the conquistadors the Indians had no standing as human beings, Las Casas saw them as men and women just like the Spaniards. Liberty was the birthright of all men, not just Christians or Europeans. “Freedom is a right present in human beings necessarily and per se, … . Therefore it [freedom] is natural right” of all. (Sanderlin xv) As Las Casas wrote in 1542:

Liberty is the highest, the most precious of all temporal goods of the earth. It is cherished early by all creatures from the least to the most aware, above all by rational beings. … Free men will not accept any impairment of their freedom, unless it comes from their free choice and not from force. Anything that happens apart from choice is force – violent, unjust, perverse, null and void according to the natural law, since it means making free men into slaves. There is no greater harm [to life] than this except for death itself. If you cannot take the goods of free and innocent people away from them justly against their wills, much less can you plunder them, rob them of their state of free human being, usurp their liberty. (Sullivan 243)

Not only did Las Casas reject the claim that the Spaniards could force their religion on the Indians, he held to a proprietary theory of justice by which he maintained that the conquistadors had no more right to invade the territories of the Indians, than the Indians would have to invade Spain if the Indians somehow had discovered the Old World. “He refused to accept that Europeans had the right to be in the Indies without the free consent of the inhabitants.” (Gutierrez xvi) He was led to the conclusion that “a necessary condition of all political legitimacy [was] the free consent of the governed.” (Gutierrez 360) “Nothing may be done against the will of the Indians. All must be done ‘according to and in conformity with … their approval and consent’.” (Gutierrez 383) He appealed to the ancient maxim, “Quod omnes tangit, ab omnibus tractari et appprobari debet,” that “what affects all must be known and approved by all.” (Gutierrez 385)

He endorsed the principle of restitution: “anyone who by violence or deceit comes into the possession of something belonging to another is under the obligation of restoring it to its rightful owner.” (Gutierrez 364) He interpreted this to mean that the treasures of gold and silver which the Spaniards had stolen from the Indians were to be returned to them; and that the Indian kings and princes be restored to their thrones. He argued that it would be better that all the Spaniards left the New World and that the King of Spain lose his claim to the new lands than to wage war against the Indians. (Gutierrez 214-215) “Since the native peoples had been attacked in an unjust war, their wars of self-defense [were] just.” (Gutierrez 360)

Besides claiming to convert the Indians to Catholicism, the conquistadors “were speechless with horror” upon finding evidence of Indian sacrifices and cannibalism. They demanded that the Indians stop these practices immediately. (Sanderlin xviii) In defending these practices, “Las Casas was at odds with the common opinion of theologians of his time,” (Gutierrez 208) however, as one commentator noted, he believed that

Coercion in matters of conscience … [did] violence to the basic humanity of the native people of the Americas. They needed to be persuaded to accept truth, he argued, only by the peaceful methods of reason, love, and the living example of practiced virtue. Las Casas took this position so seriously that he went as far as to defend some of the native populations’ practice of human sacrifice. Of course, he didn’t defend human sacrifice as such, but instead insisted that the indigenous peoples needed to be educated through peaceful persuasion and that even their use of human sacrifice could not justify military conquest and forcible submission.” (Carozza 294)

Las Casas’ defense of Indian sacrifices was multi-pronged. He did not approve of their actions ethically, but he tried to look at it from their point of view. They were offering their God the best thing they had: human life. (Gutierrez 214) In one sense, he presented a negative argument : not that sacrifice was correct but rather that its practice was no justification for war against the Indians. (Gutierrez 175) He had already pointed out that the Spaniards had no jurisdiction over the infidel Indians. Fighting a war against the Indians to prevent sacrifices “would result in more deaths than the sacrifices would ever produce.” Non-interference with the Indian death rituals would be an incomparably lesser evil than the consequences of war. Furthermore he pointed out that human sacrifices to the gods had been customary among many different peoples, including the Romans, and had not God commanded Abraham sacrifice his son, Isaac? (Sanderlin 164) Nor was it reasonable for the Indians to believe the Spaniards when they were told it was a sin “against natural law and God’s law to sacrifice human beings.” The preachers of faith that came “in the company of tyrants, warriors, thieves, [and] killers” were being hypocritical. By trying to impose their wills on the Indians by force they were demonstrating how unchristian they really were. (Sullivan 293)

All of Las Casas arguments were based on “respect for the Indian’s religious customs.” (Gutierrez 174) Freedom of religion, for Las Casas, meant “that all men are to be immune from coercion.” In matters of religion the Indians were not to be forced to act against their beliefs. (Gutierrez 187) The Church had long held that “No one may be obliged to act against his or her conscience, even if that conscience is in error.” (Gutierrez 187) He saw that the Indians had a duty to defend their religious customs and were obliged to follow their consciences, even though it “presented them with something evil as if it were something good.” (Gutierrez 209) As one editor of Las Casas’ APOLOGIA summed up Las Casas position: “If Christians use violent means to impose their will on the Indians, it would be better for the Indians to keep their traditional religion. Indeed, in such a case, it is the pagan Indians who are on the right path, and Christians who behave in this [warrior-like] way might well learn from them.” (Gutierrez 535 footnote 34) If the Indians could not be persuaded peacefully to abandon sacrifice, then Las Cases would accept the fact that no Indians would reach heaven. Better the infidels be faithful to their own beliefs. (Gutierrez 194, 243)

Besides being a defender of the Indians, “Las Casas was the first person in the sixteenth century to denounce black slavery as inhumane and unjust. (Sanderlin xx, Sullivan 159) He “condemned slavery and championed the cause of the Indians on the basis of a natural right to liberty grounded in their membership in a single common humanity” since he saw all mankind as one. (Wikipedia) He rejected “the use of force in the proclamation of the gospel as morally wrong.” (Gutierrez 383) It would not be a far stretch to see some connection between his principled rejection of force in matters of religion to its applicability to matters of force in the political realm. He and the other Spanish Dominican philosophers unknowingly “laid the groundwork for a doctrine of natural rights that was independent of religious revelation ‘by drawing on a juridical and scholastic tradition that derived natural rights and natural law from human rationality and free will’. …” (Wikipedia) As I have discussed elsewhere, the question of religious freedom must ultimately impact on questions of political liberty. If men should not be coerced in their religious beliefs why should they be coerced in their political affiliations? One would not be surprised if Las Casas, the canon lawyer, Old Testament prophet, and proto-libertarian would have agreed with how voluntaryists answer this question. (Sanderlin xvi)

Quotes

There is nothing useful but what is just; there is no law of nature which makes one individual dependent on another; and all those laws which reason disavows, have no force. Every person brings with him into the world his [own] title to freedom.

– attributed to Le Gente by John Christie and Dwight Dumond in GEORGE BOURNE and THE BOOK AND SLAVERY IRRECONCILIALE (1969), p. 148.


Those who are in the grace of God are not one whit better off than the sinner or the pagan in what concerns natural rights.

– Domingo de Soto (1494?-1560)


Paganism annuls neither natural right or human rights.

– Francisco de Vitoria (1483?-1546) citing the opinion of St. Thomas Aquinas


The Hopi knows it is not right to go about trying to change people who have religious beliefs that are different from his own, and he will not try to force them to follow the Hopi way of life. I would not try to force the young people of the white man to live and believe my way. I will not even force my own young people to be initiated into our religious societies. I will only ask them if they want to join or be initiated into them. If they say “no,” it will be respected. This is the very basis of our life, we must not force other people to change their ways.

– Yamada, George. The Great Resistance, A Hopi Anthology. New York: G. Yamada, 1957, p. 55.

References

Carozza, Paolo “From Conquest to Constitution,” 25 HUMAN RIGHTS QUARTERLY (2003), pp. 281-313.

Gutierrez, Gustavo LAS CASAS, Maryknoll: Orbis Books, 1993.

Sanderlin, George (ed.), WITNESS: THE WRITINGS OF BARTOLOME DE LAS CASAS, Maryknoll: Orbis Books, 1971.

Swaim, Barton “Rendering Unto Caesar,” THE WALL STREET JOURNAL (April 13-14, 2019), p. C6.

Sullivan, Francis Patrick, SJ (ed.), INDIAN FREEDOM: THE CAUSE OF BATOLOME DE LAS CASAS, 1484-1566, Kansas City: Sheed and Ward, 1995.

Watner, Carl “’All Mankind Is One,’ The Libertarian Tradition in Sixteenth Century Spain,” 8 JOURNAL OF LIBERTARIAN STUDIES (1987), pp. 293-3309.F.

Wikipedia, “Bartolome de las Casas,” en.wikipedia.org/wiki/Bartolomé_de_las_Casas, at Content Notes ‘d’ citing Mary Ann Glendon,“The Forgotten Crucible: the Latin American Influence on the Universal Human Rights Idea,” 16 HARVARD JOURNAL OF HUMAN RIGHTS (2003), pp. 27-39.

Wilken, Robert Louis LIBERTY IN THE THINGS OF GOD, New Haven: Yale University Press, 2019.

My 12 Steps to Becoming a Voluntaryist


By Larry Woods

I was born in 1945. My upbringing was in Missouri farm country, with Sunday for Jesus, and the next six days for revering Franklin Roosevelt. That reverence was not analytical. It was gut belief Roosevelt rescued America from depression and Axis attackers. It was not party based. Republican President Eisenhower was applauded for shutting down US combat in Korea.

The Korean armistice freed resources to reduce farm drudgery. It did not replace chores for farm children. Step one was discipline to work and learning not to be scared of hard work.

Step two was escape from those chores in my one-room school and its bookshelf. Reading was, and is, my passion. That school structure let me tune in upper grade classes, read their texts, and skip a grade.

It also left me ill-prepared socially for the county high school. My scholastic edge paled in comparison to “Townies” with more rigorous schooling. Being younger, smaller, and shy made me bully bait. I needed a tribe.

Thus, step three was joining the school’s chapter of Future Farmers of America (FFA). Staying on the farm was not a goal. Ironically, it became my ticket out. In spite of its creed and policies, bullying and clique jockeying happened in the chapter. It taught me the lesser of evils is sometimes our only option.

FFA had competitive contests with other schools. Some were farm-related, like soil analysis and animal judging. They also included public speaking and parliamentary procedure.

The Program Director saw my bookish interests and became a motivated Mentor. He nudged me to tackle my weaknesses and prep for college. Likely, no FFA Contestant has equaled my stammering, flushed, floor- focused public speaking failures. However, each failure yielded improvement.

Some contests were on the University of Missouri campus at Columbia. University life seemed better than farm labor, but it was also a Townie stronghold. When my FFA Mentor maneuvered a small scholarship, I enrolled. As advised, there was nothing denim in my bags to advertise I was a country Hick.

Three things stand on this fourth step toward voluntaryism. First, my Roosevelt gene propelled me to a Young Democrat club when I needed a campus tribe. I passed out Lyndon Johnson literature about his promise to avoid war. Soon, his Vietnam War taught me the value of a Politician’s promise.

A second insight came from watching my power-seeking Young Democrat associates. The Vietnam War spawned a protest group called Students for a Democratic Society (SDS). Young Democrat leaders saw their cause sagging. They painted pig ears on their Lyndon Johnson posters and enlisted in SDS . The group quickly devolved into quarreling factions, some violent. I was inoculated by a friend’s introduction to Ayn Rand’s work. The SDS cadre acted out the villains in Rand’s ATLAS SHRUGGED. My Roosevelt gene frayed.

Third was pre-Vietnam enrollment in the Army Reserve Officer’s Training Corps (ROTC). When I signed on, odds favored active duty in Europe or Hawaii after graduation. Thanks to my effort to elect President Johnson, the odds shifted to South Vietnam.

The first Vietnam War protester I met was my ROTC military history instructor. Major King had tropical diseases from undercover Vietnam operations and a graduate degree in history. His fury had credibility.

Our history manuals were tossed, and he flipped the class to guerrilla warfare. That history predicted failure for deploying conventional troops in a guerrilla war. Step four included learning that history is malleable, and school texts were not always correct.

Major King initiated extra training for this type of conflict. He found my eagerness for survival skills useful, and I found another Mentor. Resulting leadership roles required pretending I was not shy and scared. His help got me into an interesting army unit but there was a detour.

Step five was a US Department of Agriculture job between graduation and Army duty. First, my new Boss explained the Federal Employee pension system. “Why pensions instead of social security”? Answer: “Federal Employees knew Social Security was a chain letter scam. It would require perpetual monetary devaluation and escalating contributions. Roosevelt exempted Federal Employees to shut them up”. Another dead fly in Roosevelt’s picture frame.

Next was instruction to produce bogus time reports. Inflating work metrics to get more funding was a constant. Higher level Bureaucrats did no audits or corrections. They simply raised requirements to offset reporting exaggeration. The cycle spiraled into absurdity, but I was prepared well for step six.

Unit time reports were my first assignment in the US Army Infantry School at Fort Benning, GA. My experience with lying delighted my group Commander. As the war ground on, I saw truth avoidance permeated the military. It was a drain and stain on people mostly trying to do the right thing. Documented corruption and incompetence were often stamped “secret” and buried in a classified vault. I was a custodian of one.

As Major King predicted, US conventional troops in Viet Nam could not distinguish between civilians and the guerrillas who operated among them. Resulting distrust led to individual atrocities, shelling, and bombing that did not discriminate. Worse, unit reports were not about time, they were about dead bodies. Any dead body soon became an enemy as US Generals touted body count to cover their failures.

US troops dealt with pressure, plus casualties from women and children. Unlike their South Vietnamese allies, US units did not target civilians, or kill them for reprisal. Until My Lai.

Army Captain Ernest Medina was ordered to attack villages wrongly believed to be occupied by enemy troops. Assuming everyone present was an enemy supporter, he allegedly ordered his three platoons to “Kill anything that moves,” including men, women, children, and livestock. All three platoon leaders obeyed. When word leaked, Medina offered up us his least-liked platoon leader as the guilty party. Thus, Lt. William Calley and Medina were hauled to Ft. Benning for court martial.

Career Officers pressured Medina to deny the kill orders. He wavered. I watched local Army brass frantically raise money for a famous lawyer named F. Lee Bailey to defend Medina. When it succeeded, they pleaded with Medina not to let them down. Plus, Bailey would arrange a high-paying job for Medina at a company he controlled. It worked.

Lt. Calley became the face of US troop civilian atrocities. Base access was denied to Reporters who might challenge the Army Brass version. The complicit ones left out information that shed light on truth. Few stories appeared about the other two platoon leaders. “Reporters” accepted their plea-bargain story: Body count reports they filed the day of the massacre were just the usual lies.

I saw similar media sloth as a result of teaching nuclear weapons effects. I had access to a trove of related books and reports. To this day, I see media reports claiming nukes kill everyone. In reality, much of a population will survive, like it or not. Areas of worse case outcomes are a small fraction of a target country’s real estate. Shoddy media deserves the same mistrust as coercive organizations.

Step six rubbed my nose in the corrupting effect of bureaucracy, and added media to my “Do Not Trust” list. I also left Army duty with an unanswered question. Why weren’t US atomic bombs used on Japanese government and military leaders in Tokyo?

Within the year, I would hear the word “libertarian” for the first time, and got the bomb question answered. A large textile company, called Milliken, was recruiting when I left the army. Step seven was a broad jump, a glorious week of Freedom School with Robert LeFevre in Spartanburg SC in 1971, as part of Milliken’s management training program.

My group of trainees shared typical beliefs that coercive government was a necessity to deter crime, foreign aggression, poverty, and evil corporations. LeFevre methodically cataloged assumptions supporting those beliefs, and gathered data to puncture them. An example: School histories, academics, and media still claim governments stopped evil Capitalist Industrialists from exploiting children. In pre-internet days, LeFevre discovered that academic historians had dug through English records going back 150+ years to analyze the roots of those claims. In that more brutal era, children were mostly better off in industrial settings than outside. Rural governments routinely dumped cart loads of starving orphans at factory doors.

Likewise he tackled the belief that we need a strong government to protect us from conquest. He demonstrated how national governments subjugate those whom they are supposed to protect. For example, Hitler wanted to invade Switzerland early in WW II. Their banks protected Jewish assets smuggled from Germany. German supply lines would have to run through Switzerland to allied Italy. German Generals convinced Hitler that the Swiss central government was too weak to enforce an order to surrender. Thus, masses of German troops would be tied down defending supply lines from Swiss guerrillas. I had a flashback to Major Long’s argument against invading Vietnam.

France was an alternate link to Italy. Hitler’s Generals claimed the massive French government bureaucracy would work for the Germans if paid well. Their control would minimize need for occupying troops. The Generals got it right. After German troops invaded, French officials rounded up Jews, collected taxes, and subdued resistance to German paymasters.

Then came the answer to my Japanese bomb question. LeFevre cited General MacArthur’s plea to leave the Japanese central government intact. Its surrender would avoid horrendous combat losses. Otherwise, millions of Japanese would fight to the death defending their homeland. MacArthur also got it right. Japanese Bureaucrats were soon serving their American paymasters. Another flashback: With their own paychecks secure, American Bureaucrats happily collect Roosevelt’s Social Security “contributions” from their neighbors at gunpoint.

LeFevre gnawed hard wiring that kept my brain from seeing the obvious. REASON Magazine continued the process, and led to other resources.

Step eight was the Unitarian-Universalist church (UU). I learned of it when a report leaked about US government Viet Nam War deception. UU’s Beacon Press published these “Pentagon Papers” when others caved to federal government intimidation. I applauded.

My wife had attended a UU church as a child. Instead of dogma, UU’s looked for elements of religious and humanist works relevant to themselves. A new job and new location made Atlanta’s UU church my next tribe. Ralph Waldo Emerson and Henry David Thoreau were often cited. Those influences eroded the appeal of religious authority for me.

During college, I quit reading Thoreau’s WALDEN POND on the page where he got his economics wrong. This second look caused me to respect Thoreau‘s protest of governments’ funding for the Mexican War and slavery. He politely declined paying war taxes, and did not resist imprisonment for the act. When friends bailed him out, he was grumpy. He hoped others would follow his example, overflow the jails, and bankrupt the war. If others did not, his conscience was clean. Now, I see it is possible that voluntaryists of that era might have influenced him.

Another highlight was Ron Paul‘s visit to Atlanta in 1988. A UU freedom study group hosted lunch for him during his Libertarian Party presidential bid.

The next step began when I started my own packaging company. Business ownership opened my eyes to many horrors. It required thieving taxes from employee wages. Ticks and fleas swarm dogs; regulators swarm businesses to pad their lying time reports and extract revenue.

Step nine was learning to counter those distractions with trust based relationships. Good suppliers became loyal business partners. Customers were appreciated and appreciative. Employee drama was offset by the joy of seeing some grow and thrive.

Step ten was a journey into the belly of party politics. Our second child prompted a move to a larger house. We barely noticed it was inside a city border until the water system crashed. Monthly water bills jumped from $10 to $150+ in our subdivision. The canny Mayor stuck non-voting newcomers with repair expenses. After political ferment erupted, I was a cool stealth Libertarian with a City Council seat.

Our county government was run by Chicago Politicians escaping the mess they had created. These Politicos assumed Council Newcomers wanted to be a cog in their machine. They coached the arts of grant graft, laundering extorted “contributions,” and using “Activists” to smear opponents. They offered help for converting city policing to a protection racket, and sharing the juice with us.

Some of us turned our back to this spiel. I watched other “Reformists” buy in as their heads swelled with power of the office. Later, I was invited to a county libertarian party chapter. After sharing my council story, I asked how they would defy human vulnerability to power if elected. Another question unanswered, and another justification for voluntaryism.

Step Eleven was rough. A young mother in our new neighborhood had Crone’s disease. Her treatment for this intestinal inflammation was steroid drugs and recurring removal of damaged gut. Those surgeries came more quickly and recoveries more slowly. The debilitation took her life after a couple of miserable years.

Later, my wife had a violent reaction after a restaurant meal. We assumed food poisoning, but symptoms persisted. After being sucked into the medical doctor referral circuit, we got a diagnosis: Crone’s disease.

What is the cause? The Doctor’s answer was “ I wish I knew” and a shrug. How can we head this off? We got a recital of our late Neighbor’s protocol.

In that pre-internet era, I regressed to my one-room school reading obsession. Medical orthodoxy speculated Crone’s disease was an attack by your own immune system. What caused that attack? The trail went as cold as the Doctor’s shrug. Alternate medicine screeds smelled of quackery, but persuasively suggested immune systems react to diet and foreign substances.

Three things emerged: My high School FFA animal nutrition study exceeded nutritional training of most Doctors in medical school. Doctors were the same humans as Army Officers – often valiant, sometimes shabby, sometimes they had a swollen head. And, a turncoat MD was practicing nearby.

He was selling his practice but we begged an appointment. He gave no assurance, but a possibility. Nutritional and allergic trial and error might reveal causes of her immune attack that could be countered. The Doctor buying his practice might help with that.

And then, two sentences that have kept my wife kicking for 30+ years: “It might help to totally cut out sugar, wheat, and alcohol in the meantime. If you do not have the discipline for that, it is not worth trying the other stuff”. She had the discipline, and I went cold turkey to help her avoid temptation. There was finally a bit of improvement, and a long slog back to her good health. My health also improved. Shunning drinks and desserts has not enhanced our social life, but benefits to well-being are immense.

Making governments responsible for medical care lowers incentives for healthy lifestyle discipline. It changes Provider focus from patient well-being to testing, cutting and drugging for revenue quotas. Resulting health declines spur the Government Educated to croak for more of what is not working. Voluntaryist principles are the antidote to a corrupted medical monopoly.

In my eyes, our UU Church slowly disintegrated. Advocating government mandates replaced supporting personal growth and tolerance. Group identity became holy, individuality became selfish meanness. Now, most would burn their own church if it was desecrated by a Ron Paul visit. Some of us who left kept in touch, and shared alternatives we found.

One of those became step twelve – “Fellowship of Reason”(FOR). An Atlanta-area Attorney named Martin Cowen wrote a book with that name. He promoted study of philosophy that enabled ethics and human flourishing. That included Ayn Rand’s objectivism. Book discussions morphed into a standing organization.

I was getting past the financial strain of alternatives to government schools. FOR pushed me back to reading and wrestling with my serial weakness: public speaking. The explosion of internet resources had expanded and dispersed the knowledge LeFevre and his Fellows had rescued. The internet also spreads nonsense. Thus, the need to hone skepticism. The more I learned, the more these activities revived another unanswered question – What should I call myself?

In 2013, FOR research led me to an article by Carl Watner, and his quarterly, THE VOLUNTARYIST. Like LeFevre, he dug for the roots and let the data speak for itself. I subscribed to support his work.

At first, I brushed off the label voluntaryist as a cute name for the publication. I was slow to grasp the history, lore, and influence of voluntaryism. A few months ago I became aware of Carl’s work with, and biography of, Robert LeFevre. In the resulting email exchange, he invited me to share my path to becoming a voluntaryist. Long pause… Is that what I am?

After Freedom School, “libertarian” worked for a while. My frustrations with bureaucracy and Johnson’s war provoked angst to right the world. In those days, I might have joined a Libertarian Party to throw the Bastards out. As my understanding of history and human nature grew, I saw the futility of Bastards out, new Bastards in.

“Libertarian” fractured into hyphenated ambiguity. As the years passed, I tried on Free Thinker, Agorist, Classic Liberal, and Autonomist. All were subjective, some had negative baggage.

Maybe Ayn Rand’s Objectivism? I thought she was good enough to be in the top rank of philosophers. Objectivist friends I admired believed good enough is not good enough. Either hers is the final word, or you are out.

My FOR friends claim to be Eudaemonists. It could fit, but it is a Townie word I can’t spell.

Now, my focus is the endless challenge of improving my nature, and sharing tactics to accomplish that. If I do a good job, my example will snip a few threads of fear-based support for coercive institutions. Those institutions erode the integrity of everyone they touch. Henry David Thoreau, I forgive you for being an economic dolt. You got the rest right.

Carl’s articles about voluntaryist history and heritage encourage that focus. Finally, I learned it was voluntaryists who laid the foundation for maximizing human freedom. That is, understanding and practicing liberty requires each of us to be self-governing and self-responsible.

After Carl read the first draft of this article, he asked me if its title had any relationship to the Twelve Steps of Alcoholics Anonymous. I told him that there were actually way more than twelve steps on my way to voluntaryism. However, there is some parallel: for me, weaning yourself from fear-based government acquiescence is similar to withdrawing from a culture drugged by government handouts.

“Call the COPS – But Not the Police:” Voluntaryism and Protective Agencies in Historical Perspective


By Carl Watner

“[T]he question arose of how to handle aggressors within the community…. [W]hat about robbers, rapists, or murderers … ? … To deal with violent aggression within the city, associations sprang up in each place. Ours is named the Committee for Peace and Safety, but everyone calls it by its initials, COPS….

“COPS is careful to use force only against hose who have initiated the use of force. A murderer imitates the use of force. So does a robber, or a rapist. [Our] philosophy … allows for the use of force against aggressors, in reaction to their initiation of force. COPS can never initiate the use of force … against people who haven’t themselves used force. …” – Jim Payne, PRINCESS NAVINA VISITS VOLUNTARIA (2002), pp. 63-64.

Introduction: Government Police or Private Protective Agencies

To voluntaryists, the history of government institutions is only important as they shed light on how private organizations might evolve if no government coercion were present. The historical record with respect to “private” police is very spotty (and only cursory mention of it will be made here), since government monopolization has been the norm throughout the ages. Understanding the history of modern government policing is doubly important because it not only sheds light on how a voluntary society might rely on private agencies, but also illustrates the degree to which governments depend on legitimacy, rather than force, as the main prop to their existence.

Paraphrasing a definition from the ENCYCLOPEDIA BRITANNICA, the term “police” denotes a body of people organized to maintain civil order and public safety, and to investigate and rectify breaches of the peace. [1] Nevertheless, the word “police” was unknown to the English language until two hundred and fifty years ago. A Frenchman arriving in London in the early part of the 18th Century observed a great deal of dirt and disorder in the streets. Asking about the police, but finding that none understood the term, he cried out, “Good Lord! how can one expect Order among these people, who have not such a word as Police in their language?” [2]

John Hasnas in his seminal article on “The Myth of the Rule of Law” has noted that for hundreds of years “most people have been [taught] to identify law with the state.” To them, it seems like there must be a single, monopolistic government, and that the police are the coercive functionaries of the state. The idea of a free-market approach to peacekeeping is simply impossible for them to imagine. Thus, despite the “remarkable historical, geographical, and organizational diversity in the activities of persons who are, or have been, counted as police” the common thread that links them together across time and space is the fact that they have been or are agents of the state “endowed with the exclusive monopoly of using force.” [3]

The ideas that a) protective agencies should not be tax-supported; b) customers contractually pay for the level of service that they desire; c) competition among agencies providing protective services will enhance the quality and tend to lower the price of the services they offer; d) employees of competing protective agencies or insurance companies derive their right to use force from the their customers’ right of self-defense and self-protection; and e) might act as agents of individuals to settle disputes or repair breaches of the peace is simply unthinkable to most people. Hence the distinction in my title: whenever you call the police, you are calling upon an agent of the state to assist you – a distinctly unvoluntaryist action. The COPS, on the other hand, as the fictional account in Voluntaria describes them, are strictly volunteers who help maintain the social peace.

The purpose of this article is to present a brief overview of the history and evolution of policing, and to show that the only legitimate police function (keeping the peace) is made impossible when the police are agents of the coercive state. Just because I am opposed to a particular state activity (provision of the social order by the police) does not imply that I am against the activity ‘per se’. There are other, non-state ways to “police” society that are more moral and more practical than governmental methods. In addition, I do not wish to imply that free market protection agencies would operate without problems, or that there would be no crime in a voluntaryist society. However, I believe there would be fewer of these kinds of issues because free market protection agencies are a) entirely consistent with our commonly held moral practices that inculcate respect for private property; and b) would be more efficient and less likely to turn venal – because they must compete for the customer’s patronage. Using the police to “police” society introduces a whole host of unsolvable problems: a) who “polices” the police (to see that they do not themselves violate the rights of individuals); b) what happens to the pacifists who do not want their tax monies used to fund the police; c) who protects us when the police turn criminal themselves; d) how do you protect innocent people and opponents of the state from persecution by the police?

Customary Law and Policing

Some of the earliest forms of police discovered by historians date back to the time of Babylon and involve religious, political, or military personnel wielding force to keep the public order and enforce the mandates of those in power. Emperor Augustus in 6 A.D. created ten cohorts of 1000 freedmen each to provide fire and police protection for the city of Rome. “These cohorts could, in turn, call upon the emperor’s own bodyguard (the Praetorian Guard) for assistance.” [4] The Roman form of police became the model for many countries of the world, where the police evolved out of military or semi-military forces. Once the government of a country was relatively free from the threat of outside invasion, it was able to use its military forces to further pacify, control, and police its internal population. As we shall see, the police became like a domestic garrison force designed to restrain, not only forceful activities detrimental to the wider society, but also those threatening the government’s own existence.

Historians have observed that in countries where there was not a strong centralized military force “citizens banded together for mutual protection” from criminals. [5] This is a natural reaction, for wherever the government cannot or will not provide a service that people desire, the people themselves will organize voluntarily to provide it. This is best evidenced by reviewing the history of customary law and protection in early England, where “kinship was the basis for reciprocal recognition and enforcement of law.” [6] As Bruce Benson notes:

The Anglo-Saxons carried their customary legal system to Britain beginning in about 450 A.D. By the tenth century, there was a clearly recognized Anglo-Saxon legal institution called the hundred [based on kinship groups of one hundred men or households]. The primary purposes of the hundreds were rounding up stray cattle and dispensing justice, …. When a theft occurred, the men of the several tithings [groups often men or households] that made up a hundred were informed and they had a reciprocal duty to pursue the thief. A tithing apparently consisted of a group of neighbors, many of whom were probably kin. These voluntary groups provided “the police system of the country”, but their role went well beyond policing: they also “made everyone accountable for all his neighbors.” Indeed, social relations were generally maintained only with people who shared surety protection through association with a tithing and a hundred. [7]

The Norman Conquest of 1066 resulted in many structural changes to the provision of traditional Anglo-Saxon protection. Under William of Normandy, a feudal system was established and the Norman institution of frankpledge was imposed. Frankpledge was much like the customarily-evolved Anglo-Saxon system of hundreds in that it obligated the local populace to pursue and capture criminals. The difference was that “[f]rankpledge was a police system invented by the conquering Norman monarchy as an instrument of central government control.” [8] The Norman kings used the law enforcement system of the frankpledge “to generate revenues needed to finance their military operations, to enhance their own wealth, and to buy support of powerful groups.” [9] Fines or restitution collected from criminals no longer went to the victim or local tithing but rather into the king’s treasury. Reeves were appointed by the king to supervise the shires, or counties, the area occupied by a hundred (hence the term shire-reeve, from which the word ‘sheriff was derived). Tithing members who violated their obligations were no longer brought before local manorial courts but rather before “central courts whose justices were the king’s appointees.” [10] Every effort was made to expand the king’s jurisdiction. Violations of the king’s peace became known as crimes (in contrast to civil wrongs, known as torts), and these criminal offenses “generated revenues for the king or the sheriffs rather than payment to a victim,” as had been customary under earlier Anglo-Saxon tribal law. [11]

Over the next five hundred years, the monarchy continued to broaden its law enforcement activities to the detriment of custom-based law enforcement. The concept of felony was brought to England, “making it a feudal crime for a vassal to betray” his lord. Eventually any crime deemed a felony meant that a convicted felon’s possessions escheated to the king. [12] Royal laws eventually “declared that the victim [became] a criminal if he obtained restitution prior to bringing the offender before a king’s justice where the king could get his profits.” The crime of theftbote was created “making it a misdemeanor for a victim to accept the return of stolen property or to make other arrangements with a felon in exchange for an agreement not to prosecute” in the king’s courts. [13] The earliest justices of the peace were appointed in 1326, and their role in keeping the peace and generating both personal and monarchical revenues was expanded over many centuries. As Bruce Benson concludes, “The evolution of England’s criminal law system was altered by a long history of direct commands to serve the self-interested goals of kings, their bureaucrats, and politically powerful individuals and groups. These changes substantially weakened private citizens’ incentives to participate in voluntary law enforcement arrangements,” ultimately giving the government both reasons and excuses for providing “bureaucratic alternatives. The fact that the state has taken such a prominent role in criminal law is not a reflection of the superior efficiency of state institutions, but [rather the] result of the state’s undermining the incentives for private participation in criminal law.” [14]

This brief review of English criminal law does not do justice to the sweeping changes it underwent over hundreds of years. However, its roots in traditional kinship and neighborly reciprocity mirror the two basic principles of all customary law. These operative principles are that a) there is no paid (standing) police force, and b) judges do not enjoy a monopoly over judicial activities. Under Anglo-Saxon, Norman, and English customary law until the 19th Century “1) it was everyone’s duty to maintain the king’s peace, and any citizen could arrest an offender; 2) the unpaid, part-time constable had a special duty to do so, and in towns he would be assisted by his inferior officer, the watchman; 3) if the offender was not caught red-handed, a hue and cry must be raised; [and] 4) everyone was obliged to keep arms and to follow the cry, when required;….” [15]

The Evolution of the Modern Police

Beginning in the 18th Century, as England evolved into a modern nation-state, criminal law took on a new form. Increasing urbanization, industrialization, and politicalization resulted in the decline of the constabulary system. A stipendiary police system evolved under which it was necessary to pay the justices of the peace, the constables, and their night watchmen fees for the services they rendered. Other laws were passed which allowed persons to hire replacements to serve their terms as constables. In 1735, “two Westminster parishes obtained parliamentary sanction for the substitution of a new system financed by money collected by means of a” tax on the inhabitants. [16] The system was soon embraced by King George in 1737, who “initiated action to allow city councils to levy taxes to pay nightwatchmen.” This was the first instance in the English-speaking world that “tax money was used to pay police salaries.” [17] The system soon spread to the rest of London, where a mixed system of policing evolved. There existed, side by side, watchmen who were paid with public monies, but supervised by constables receiving no public salaries (although some constables were privately paid by those who engaged them as substitutes).

Leon Radinowicz, author of A HISTORY OF THE ENGLISH CRIMINAL LAW AND ITS ADMINISTRATION FROM 1750, noted that the word “police” was “suggestive of terror and oppression” to all common law loving people. [18] As we have seen, the traditional English policing until the 18th Century was provided by individuals who were not in the pay of the government. TI 3 idea of “tax-paid police officers” was “a dangerous innovation in principle.” It was believed that those who were “unpaid and unsalaried” had no particular interest “in perverting the law to oppression. To appoint a set of Justices with salaries from the Government, and consequently to a certain degree under the influence of the government, was [not only] to change the long-established practice, [but] to introduce a new principle, which might be indefinitely extended under various pretexts,… the effects of which no man could foresee.” A [tax-]paid police would be “as so many mercenaries …, and at the complete disposal of the Government.” [19]

One of the first attempts at creating a “new” police force for London took place in 1785 when Prime Minister William Pitt, the Younger, introduced the first Police Bill in the House of Commons. The central idea of this legislation was “to create a single police force for the metropolis.” [20] Although the bill was withdrawn because it was considered “an unconstitutional imposition on the magistracy and the people,” it set a precedent for what was to follow. The next year, 1786, a bill with similar provisions was imposed on the city of Dublin, by the English statesmen ruling Ireland. They saw a centralized police force paid for by the municipality as an efficient means of dealing with “rural disorder amounting to near insurrection, … mob justice against soldiers, and the threat of popular armed force in Dublin itself.” [21] Under the Peace Preservation Act of 1787, the Irish Parliament dismissed the idea of a rural police for all of Ireland, but did legislate police units for the four most disturbed counties. [22] “The 1786 Act, repealed after strong opposition on the grounds of costs and constitutionality, was quickly replaced after the rebellion of 1798 by a highly centralizing statute of 1799.” [23]

Peel and the “New” Police

Further reforms of the English and Irish police took place during the next four decades of civil unrest. The most conspicuous politician to take a part in these changes was Robert Peel, who as chief secretary to the lord lieutenant of Ireland, implemented the Peace Preservation Police in 1814. Peel had little regard for the Irish, stating that his bill establishing this new police force “was not meant to meet any temporary emergency, but was rendered necessary by the past state of Ireland for the last fifty years and by the probable state of it for the next five hundred.” [24] Peel’s police were a “paramilitary force … despatched to the most disturbed parts of the country.” [25] Peel envisioned “a permanent, country-wide police wholly controlled from Dublin Castle: ‘a body of gendarmerie to be called by some less startling name’.” By 1822, Peel’s riot police had become entrenched in half the counties of Ireland, but continuing agrarian violence prompted Parliament to legislate a new Insurrection Act and to suspend habeas corpus for all of Ireland. Under the Act, a new national rural police, or ‘constabulary’ of about 4500 men was created. These new police were compulsory for every county in Ireland, and were partly paid for out of central government funds (rather than being totally paid for by the local county). These police were clearly intended to become the first line of defense against disorder, and were viewed as a supplement to the military establishment of 20,000 troops which the British kept in Ireland. [26]

The English experiences in Ireland were based on “highly centralized coercive measures,” and police “organized as a civil force on military lines.” However, neither of these policies were totally adaptable to England. [27] Nevertheless, English society did become more receptive to such ideas, so that by 1829, Peel – now Home Secretary for England – was able to persuade “Parliament to accept his proposal [for] a single government-controlled police for London; the new Metropolitan Police, a gendarmerie without […] arms, represent [ing] a tamer, anglicized version of the police he had established earlier in Ireland.” [28] In Peel’s view, and in the eyes of other British reformers, such as Colquhoun and Chadwick, the new police were to be a professional, uniformed, yet unarmed, force devoted mainly to the prevention of local crime, riot, and public disorder. Such a police force was to be paid by and remain under the control of the central government. Nonetheless, Peel and his supporters recognized that without “the consent and cooperation of the citizenry” the “new” police could never be a success. [29] The English experience in Ireland had already “proved that police officers were helpless if local citizens did not give them aid and information.” [30]

The new police institution had many supporters in government, but opposition was to be found in the wider society. The fundamental principles behind the force were seen as an anathema to Whig political principles, which emphasized “liberty over authority, the rights of the people against the prerogatives of the Crown, local accountability in place of centralization, and governance by the ‘natural’ rulers of society instead of salaried, government-appointed bureaucrats.” [31] Some farmers and middle-class people objected to paying for police they didn’t need. [32] Working-class radicals and Chartists believed that the new police would be used to interfere in trade strikes or to “spy upon working-class political movements.” Members of the lower-classes pointed out that the “government had saddled the country with [a bunch of] well-paid idlers, ‘blue locusts’ who devoured tax money and produced nothing of use in return.” [33]

On March 18, 1833, William Cobbett delivered a speech in Parliament in which he pointed out that, “Tyranny always comes by slow degrees; and nothing could tend to illustrate that fact [more] than the history of police in this country.”

Englishmen were shocked at the idea [of establishing a government police force]. The name was completely new among us…. We continued for some time with a police office in Bow Street, a couple of police Magistrates, and a few police officers … but at length the right [H]on. Baronet [Peel] came forward and said that “owing to the improvement of the age, we want something a little more regular in the form of our police” … behold! We had now [in London] a police with numbered collars and embroidered cuffs – a body of men as regular as in the King’s service, as fit for domestic war as the red-coats were for foreign war. … The system was spreading. Formerly it was confined to London, but the ministers had been smuggling it into the great towns; before long there would be a regular police force established in every village. … [Cobbett] warned … the people of England against the scourge which … [the] Government was preparing ing for them. … [Cobbett] believed the Government had the project in contemplation to govern England, as Ireland had been long governed [with police]. [34]

Cobbett’s prediction was correct: by 1856, the County and Borough Police Act of that year required the creation of a full-time police force in every town and county of England. “The central government was empowered to inspect each force, and, if found up to the mark, to support them with a grant amounting to one-fourth of their total cost.” [35] Cobbett was also right in referring to the Irish precedent: “[T]he experience of organizing and recruiting the Irish police undoubtedly informed a central English political elite of the feasibility of police, their usefulness in times of disorder, the advantages of disciplined professionalism, and the desirability (in the midst of religious conflicts of Ireland) of an appearance of strict neutrality if they [the police] were not to be destroyed by the hostilities of the community.” [36]

The “New” Police in the United States

Even though many Americans shared the common law’s traditional antipathy toward “state-directed police,” [37] Peel’s Metropolitan Police force for greater London “was to become the model for the United States’ police system.” [38] The absence of political centralization predisposed early Americans to carry the English attitudes towards the police “to the extreme,” and has resulted in the extensive decentralization of American police forces today (estimates range from 20,000 to 36,000 public police agencies in the US). [39] One of the dominant themes in the history of police in the United States has been the struggle over which political faction would control the police. [40] Under the U.S. Constitution, police power was not a federal responsibility, but rather an obligation of either the state, county, or local governments. Since control over the police was a local responsibility, it had to vacillate “between city or state elective authorities. Thus, nowhere was the embrace of police and politics tighter than in the United States.” [41]

Originally the municipal policing in the United States was based on the customary English system. The amount of manpower devoted to protective services in early America was extremely small. “For two centuries Boston’s policing was conducted by a handful of amateur, part-time constables and watchmen; as late as 1832 the city of 65,000 got by with about fifty of these early patrolman.” When the Boston Police Department was officially begun in 1855 it was staffed by 200 police. Until 1820, New York, a city of 125,000, was patrolled by a night watch of 100 men. The Great Fire of 1835, caused the city authorities to increase the nightwatch patrol to 250 men. Ten years later, the official New York City Police Department had some 800 men, headed by a chief of police. [42] The historian providing these numbers points out that New York City must “have been relatively free of crime and disorder” for so few police to have been successful in their jobs. [43]

The first paid, professional police forces were formed in the larger American cities, sometimes in reaction to the demands of each city’s elite to control the poor and the immigrants, and sometimes simply in reaction to the desire of city bureaucrats to better “control and manage” their cities. [44] New York City created its first police department, modeled after the Peelian force of London, in 1844. [45] Other cities soon followed suit: “New Orleans and Cincinnati in 1852; Boston, Philadelphia, and Chicago in 1855; Baltimore and Newark in 1857; and Providence in 1864.” [46]

Statewide police, paid by state governments, rather than individual cities, followed somewhat later. Apart from the Texas Rangers, which began operations as a frontier border patrol in 1835, the first true state-wide and state-paid police force was established in Massachusetts in 1865. A rural force of 130 men, the Massachusetts State Police was mainly “[c]harged with enforcing liquor prohibition laws,” and was so controversial that it was “reorganized into a small state detective squad” ten years later. [47] No further state police forces were organized until the 20th Century. Pennsylvania created a state constabulary in 1905; followed by New York and California in 1917, and 1929, respectively. These forces were established to deal with industrial unrest, crime, and the problems generated by the growth of automobile traffic. “The men’s uniforms reflected the public’s significant change in attitude toward police: The state troopers with their guns, military belts, tailored (and oft-striped) trousers, and ‘battledress style of jacket,’ would have shocked early-nineteenth-century Americans.” [48]

A Domestic Army: Police Penetration of Civil Society

Although it has been argued that the prevalence of crime in modern cities required the creation of modern police forces, some historians have pointed out that there is no relationship between increasing urban populations, the amount of crime, and the creation of municipal police. Roger Lane, author of POLICING THE CITY: BOSTON, 1822-1855, concluded that “the existing historical evidence suggest[s]… that over [the] long-term urbanization has had a settling, literally a civilizing, effect on the population involved.” [49] David Bayley, in his article on “The Police and Political Development in Europe,” observed that there is “no threshold of population size which seems to compel development of a police system.” [50] Paris had a population of 540,000 in the mid17th Century when the Lieutenant-General was established. London had nearly 1,500,000 people in 1829 when the New Police were founded. “A comparison of events in London and Paris strongly suggests that insecurity is not sufficient to create a police force. … In short, development of police cannot be understood in terms of crime.” [51]

If the development of modern police, either in America, Britain, or other parts of Europe cannot be fully explained as a response to the amount of crime present in any given society, then we must look elsewhere for explanations. Although many historians and political theorists disagree, it appears to this author at least – that the new, modern police established on the London model of 1829 were purely a political development brought on by the evolution of the nation-state during the 19th Century. Modern nation-building and the police forces have gone hand-in-hand, until today, the police have become the most visible representatives of the modern state. [52] The police are the state’s “prime instrument of power” and the most “obvious physical manifestation” of political governance and law-enforcement activities. [53] The problem of rulership has always been to create the most amount of governance at the least amount of cost, and the creation of the “new” police was envisioned as at least a partial solution to this perennial problem.

British statesmen in their approach to controlling civil unrest and dissent in Ireland realized that more than a standing army was needed to subdue the native population. They realized the ineffectiveness of a continual harsh military presence, and saw the need for a softer means of social control. [54] The police, as we know it today, grew out of their experiences in Ireland. The central feature of this new order was “a garrison force, present at all times,” personnel knowledgeable of and living in close proximity to those to be ruled, a force which could efficiently arrest criminals, “and a force capable of graduated responses to rioting, able to anticipate violence and break it up before it grew to serious proportions, and able to respond in measured proportions to the size and character of the danger, rather than unleashing a military charge. [55] Such a police force achieved legitimacy because it was able to impose “law and order” and was, at least sometimes, helpful to those being forced to pay for its services.

Alan Silver has pointed out that modern police personnel serve as “the agent [s] of legitimate coercion and as a personification of the values of the” political government that they serve. [56]

The police were designed to penetrate civil society in a way impossible for military formations and by so doing to prevent crime and violence and to detect and apprehend criminals. … The police penetration of civil society, however, lay not only in its narrow application to crime and violence. In a broader sense, it represented the penetration and continual presence of political authority throughout daily life. [57] … Police forces c[a]me to be seen as they were in the time of their creation – as a sophisticated and convenient form of garrison force against an internal enemy. [58]

The “modern preventative police established in London and New York represented an unprecedented, highly visible increase of the state’s power over the lives of ordinary citizens.” [59] No wonder that many Englishmen at first considered the Peelian police as “a government army.” [60]

Legitimacy and the Role of Police

Silver and other historians of the police have repeatedly pointed out that in order for the police to be effective in “keeping order” there must be a general agreement among the populace at large “that the power they exercise is legitimate.” [61]

The replacement of intermitt[e]nt military intervention in a largely unpoliced society by continuous professional bureaucratic policing meant that the benefits of police organization – continual, pervasive, moral display and lower long-term costs of official coercion for the state and propertied classes – absolutely required the cooperation of civil society. Thus, the extension of moral consensus and of the police as an instrument of legitimate coercion go hand in hand. Along with other ramifying bureaucratic agencies of the center, the police link daily life to central authority. The police, however, rely not only on … coercion but also on a new and unprecedentedly extensive form of moral consensus. The center is able to supervise daily life more closely and continuously than ever before; but police organization also requires pervasive moral assent if it is to achieve the goals peculiar to its technique…. Without at least a minimal level of such assent, coercive functions become costly in exactly the ways that those who created the policed society in England sought to avoid. [62]

The “new” police contributed to 19th Century state-building by giving the citizenry at least some reasons to voluntarily comply with the demands of political authority. The police sometimes did successfully provide essential services and therefore earned the thanks of the population. However, the modern police were also part of the national “extraction-coercion” and “extraction-persuasion” cycles. The constitutional and legal obligation to pay taxes involved the police, not only as recipients of tax funds (the source of their salaries being taxes), but also in their enforcement role, as the armed personnel that exercised the threat or actual use of force against those who refused to pay or were recalcitrant in paying. [63]

The “new” modern police were designed to do more than just “chase” criminals. From helping to collect taxes, to taking lost children home, to directing traffic at funerals, the police perform a myriad of services. In fact, it has been estimated that the percentage of police effort actually devoted to traditional criminal matters “does not exceed 10%.” [64] Is it any wonder, then, that there is a demand on the free market for private police and private detectives to supplement the public police?

Historically, there has been an ever-present demand for police services over and above those provided by the State. In England, during the late 18th and 19th Centuries, over 400 neighborhood associations for protection against felons and recovery of stolen property existed. These were private subscription organizations whose personnel specialized in protection and restitution. In the United States, during the late 19th and early 20th Century many railroads employed their own private police to protect travelers and their rolling stock and freight from thieves. [65] The Burns International Security Services, and Pinkerton’s Inc., with historical roots back to the mid-19th and early 20th Centuries, rival or exceed in size some public law enforcement agencies today. Even as early as 1901, it was asserted that “The Pinkerton Detective Agency … could protect Chicago for less than two-thirds of what the municipal police department now costs the taxpayers, and the protection would be real and thorough”! [66] As late as 1978, the General Motors Corporation had a force of 4200 plant guards, “a body larger than the municipal police forces of all but five American cities.” [67]

Throughout much of the 1980s, funding for private security in the United States exceeded the combined total of Federal, State, and local law enforcement expenditures. The private security workforce outnumbered public law enforcement personnel by a ratio of nearly 2:1. In 1982 there were more than a million people employed in the United States by the private security industry, while publicly paid police employees numbered just over 500,000 people. [68]

Free Market Protection Agencies

So the voluntaryist idea that protective agencies could completely replace the public police is not such a far-fetched idea. As Murray Rothbard has written, there is nothing divinely ordained about having only one police agency in a given geographic area. [69] The two earliest advocates of a free market in police protection were Gustave de Molinari, a 19th Century French economist, and Lysander Spooner, an American lawyer. In his 1849 article, “The Production of Security,” Molinari noted that “the production of security, like everything else [in the free market] should be subject to the law of free competition.”

This option the consumer retains of being able to buy security wherever he [the consumer] pleases brings about a constant emulation among all the producers, each producer striving to maintain or augment his clientele with the attraction of cheapness or of faster, more complete, and better justice. If, on the contrary, the consumer is not free to buy security wherever he pleases, you forthwith see open up a large profession dedicated to arbitrariness and bad management. Justice becomes slow and costly, the police vexatious, individual liberty is no longer respected, the price of security is abusively inflated and inequitably apportioned …. [70]

Three years later, in 1852, Lysander Spooner, an American constitutional lawyer, argued that protection ought to be private and be provided by insurance organizations.

All legitimate government is a mutual insurance company, voluntarily agreed upon by the parties to it, for the protection of their rights against wrongdoers. In its voluntary character it is precisely similar to an association for mutual protection against fire or shipwreck. Before a man will join an association for these latter purposes, and pay the premium for being insured, he will, if he be a man of sense, look at the articles of the association; see what the company promises to do; what it is likely to do; and what are the rates of insurance. If he is satisfied on all these points, he will become a member, pay his premium for a year, and then hold the company to its contract. If the conduct of the company prove unsatisfactory, he will let his policy expire at the end of the year for which he has paid; will decline to pay any further premiums, and either seek insurance elsewhere, or take his own risk without any insurance. And as men act in the insurance of their ships and dwellings, they would act in the insurance of their properties, liberties and lives,…. [71]

Molinari and Spooner were individualist-anarchists, the forerunners of thinkers like Murray Rothbard, David Friedman, George H. Smith, Randy Barnett, and Morris and Linda Tannehill, all of whom advocated free market defense agencies during the later half of the 20th Century.
Probably the most frequent criticism of the concept of free market defense agencies has been: What would prevent the various private protective companies from going to war with one another? In other words, if there were more than one defense agency in the same geographic area, wouldn’t they fight one another? The Tannehills indirectly answer this question (in their extended discussion of private agencies and insurance companies) by pointing out that private agencies depend on the patronage of their customers. Inter-agency warring would antagonize customers, be costly, and there would be no guarantee that one agency (even if successful) could automatically assume control over another agency’s customers:

In a laissez-faire society, there would be no governmental police forces, but this does not mean people would be left without protection …. [P]rivate enterprise defense agencies would arise, perhaps some of them out of the larger private detective agencies of today….

The function of a private defense service company is to protect and defend the persons and property of its customers from initiated force or any substitute for initiated force. This is the service people are looking for when they patronize [such an agency], and, if the defense agency can’t provide this service as well or better than its competitors, it will lose its customers and go out of business. A private defense service company, competing in an open market, couldn’t use force to hold onto its customers – if it tried to compel people to deal with it, it would [induce] them to buy protection from its competitors and drive itself out of business. …

The superiority of a private enterprise defense service company springs from the fact that its function – its only function – is to protect its customers from coercion and that it must perform this function with excellence or go out of business. … [T]heir primary focus would be [to protect customers and prevent] aggression. [72]

Warring Defense Agencies: Public or Private?

While there can be no guarantees that there will not be warring defense agencies in a free market, the important point to remember is that “police protection is a service so basic and important it should not be left in the hands of any one group [because] [i]nevitably such power will tempt the group to use it for their own benefit.” [73] The question of whether or not the police should have a monopoly was known to the ancient Romans who asked: “Quis custodiet ipsos custodes?” [Who guards the guardians?] “The correct answer is of course: other agents of competing protective agencies. When police are denied a monopoly there will be other independent, competitive police. When there is competition between policemen and their employers, no policeman will dare misuse his weapons, for if he did so, his company would lose both customers and money. It would lose customers to other police forces, and money to its victims who would find courts of law willing and able to condemn such misuse and award them compensation and fines accordingly.” [74]

The significant and historical fact is that there have been “warring” police agencies in the United States, but they have not been private, but rather public institutions battling for political control. Ten years after the first city police force had been established in New York City, the city’s Democratic mayor, Fernando Wood, was charged “with lax enforcement of licensing and Sanitarian laws and with filling the police with Irish Catholics.” [75] In 1857, a law was passed transferring control of the New York City police to the Republican (Protestant) governor in Albany. It was hoped that the Democratic influence within the city would be weakened, since the police would no longer be able to help assure Democratic election victories. Mayor Wood refused to recognize the legality of the new “Metropolitan Police,” and “for three months in 1857 the city suffered the dubious distinction of having two rival police forces.” “An armed battle took place between the two departments when the Metropolitan Police tried to arrest the mayor at city hall.” [76] There were other fights between the two groups: each would try to capture the other’s prisoners. “In one riot, 500 municipal police, assisted by what, one observer described as a “miscellaneous assortment of suckers, soaplocks, Irishmen and plug uglies officiating in a guerrilla capacity” were thrashing a smaller band of Metropolitans until the arrival of state militiamen turned the battle in favor of the [Albany] controlled police.” The stalemate ended in July 1857, when Mayor Wood acknowledged a court ruling that upheld the 1857 legislation turning over control of the city police to the state’s governor. [77] A similar fight for political control over city forces took place in Denver, CO. In the City Hall War of 1894, the Republican Board of Commissioners refused to resign in favor of state-appointed police officials. “As the battle shaped up, the state militia supported the governor, while the police, sheriffs deputies, and strong arm representatives of Denver’s vice businesses barricaded themselves in the city hall – armed with dynamite and whiskey…. For a short period after this, Denver had two police boards and three chiefs, but ultimately, as in New York, the incumbents yielded to a court order and the populist police took office.” [78]

Conclusion

Are the police as we know them today an essential part of modern society? At least a few non-voluntaryist thinkers have observed that society would not go to pieces even if there were no police. [79] Pearl Buck, the famous novelist, noted in her 1953 book, THE MAN WHO CHANGED CHINA, that the Chinese “were [a] civilized people and they had through the centuries learned that if people live decently and work hard and respect each other, then it is quite possible to live for a while without a government and even without police. Policeman, after all, are needed only to protect people from each other, and if there is mutual respect and good behavior people can manage themselves. The Chinese had long ago learned this lesson.” [80] So despite the complexity and seeming sophistication of our 21st century society, it is quite possible to imagine society without police, or society with only the COPS.

“[I]n Voluntaria … we go to great lengths to avoid using force, in order to establish the idea that using force is wrong. Over the years, our people have gradually absorbed this message, and it has now become a basic part of our cultural heritage,….

“But didn’t you just say that your COPS uses force to apprehend wrongdoers? ….

Well, we will use force if we must… but we strive to do so only as a last resort – even if it means risking our lives. We are all volunteers, by the way. No one is paid anything for service to COPS, so that it may never be said that anyone receives any benefit from using force. Furthermore, we go unarmed…. COPS members … [try] to follow… the example of avoiding force in trying to quell violent situations, even at risk to ourselves.” [81]

So if you need help in a voluntaryist society: Don’t call the police. Try to handle the situation wisely yourself, or call the COPS. Maybe they or some private protective agency will assist you.

END NOTES

[1] THE NEW ENCYCLOPAEDIA BRITANNICA, Chicago:l992, “Police,” Vol. 25, p. 957.
[2] Leon Radzinowicz, A HISTORY OF CRIMINAL LAW AND ITS ADMINISTRATION FROM 1750, Vol. 3, London: Stevens & Sons Limited, 1956, p. 1.
[3] See Egon Bittner, THE FUNCTIONS OF POLICE IN MODERN SOCIETY, Cambridge. Mass.: Oelgeschlager, Gunn & Hain, 1980, Chapter VI: “The Capacity To Use Force As The Core Of The Police Role”.
[4] THE NEW ENCYCLOPAEDIA BRITANNICA, op. cit., Vol. 25, p. 958.
[5] ibid.
[6] Bruce L. Benson, TO SERVE AND PROTECT, New York: New York University Press, 1998, p. 198.
[7] ibid.
[8] Carl B. Klockars, THE IDEA OF POLICE, Beverly Hills: Sage Publications, 1985, p. 24.
[9] Benson, op. cit., p. 205.
[10] Klockars, op. cit., p. 24.
[11] Benson, op. cit., pp. 203-204 and 210.
[12] ibid., p. 208.
[13] ibid., p. 211.
[14] ibid., p. 223.
[15] THE NEW ENCYCLOPAEDIA BRITANNICA, op. cit., Vol. 25, p. 959.
[16] J. J. Tobias, “Police and Public in the United Kingdom,” in George Mosse, ed., POLICE FORCES IN HISTORY, London: Sage Publications, 1975, pp. 95-13 at pp. 106-107.
[17] William J. Bopp and Donald O. Schultz, PRINCIPLES OF LAW ENFORCEMENT AND CRIMINAL JUSTICE, Springfield: Charles C. Thomas, Third Printing, 1975, p. 23 (emphasis in the original).
[18] Radzinowicz, op. cit., p. 5.
[19] David Philips, ‘”A New Engine of Power and Authority’: The Institutionalization of Law-Enforcement in England 1780-1830, in V. A. C. Gatrell, Bruce Lenman, and Geoffrey Parker, eds., CRIME AND THE LAW, London: Europa Publications, 1980, pp. 155-189 at p. 169.
[20] Stanley H. Palmer, POLICE AND PROTEST IN ENGLAND AND IRELAND 1780-1850, Cambridge: Cambridge University Press, 1988. p. 30.
[21] Douglas Hay and Francis Snyder, “Using the Criminal Law, 1750-1850,” in Douglas Hay and Francis Snyder, eds., POLICING AND PROSECUTION IN BRITAIN 17501850, Oxford: Clarendon Press, 1989, pp. 3-54 at p. 11.
[22] ibid., pp. 11-12, and Palmer, op. cit, p. 31.
[23] Hay and Snyder, op. cit., p. 12.
[24] ibid., pp. 13-14.
[25] Palmer, op. cit., p. 31.
[26] Hay and Snyder, op. cit., p. 13.
[27] ibid.
[28] Palmer, op. cit., p. 31.
[29] THE NEW ENCYCLOPAEDIA BRITANNICA, op. cit., Vol. 25, p. 960.
[30] Wilbur R. Miller, COPS AND BOBBIES: POLICE AUTHORITY IN NEW YORK AND LONDON, 1839-1870, Chicago: University of Chicago Press, 1977, p. 1.
[31] Palmer,.op. cit., p. 104.
[32] Robert D. Storch, “The Plague of the Blue Locusts,” 20 INTERNATIONAL REVIEW OF SOCIAL HISTORY (1975), PP. 61-90, at p. 84.
[33] ibid.
[34] Palmer, op. cit., p. 376.
[35] David Bayley, “The Police and Political Development in Europe,” in Charles Tilly, ed., THE FORMATION OF NATIONAL STATES IN WESTERN EUROPE, Princeton: Princeton University Press, 1975, pp. 328-379 at p. 343.
[36] Hay and Snyder, op. cit,. p. 14.
[37] Palmer, op. cit., p. 19.
[38] Eric H. Monkkonen, POLICE IN URBAN AMERICA 1860-1920, Cambridge: Cambridge University Press, 1981, p. 38.
[39] THE NEW ENCYCLOPAEDIA BRITANNICA, op. cit., Vol. 25, p. 964. Also see Palmer, op. cit., p. 19.
[40] ibid., Vol. 25, p. 960.
[41] Palmer, op. cit., p. 20.
[42] ibid., pp. 21-22.
[43] ibid., p. 22.
[44] Clive Emsley, POLICING AND ITS CONTEXT 1750-1870, New York: Schocken Books, 1983, pp. 108-109.
[45] THE NEW ENCYCLOPAEDIA BRITANNICA, op. cit., Vol. 25, p. 960.
[46] Palmer, op. cit., p. 20.
[47] ibid.
[48] ibid.
[49] Roger Lane, “Urbanization and Criminal Violence in the 19th Century: Massachusetts As A Test Case,” in Hugh Davis Graham and Ted Robert Gurr, eds., THE HISTORY OF VIOLENCE IN AMERICA, New York: Frederick A. Praeger, 1969, pp. 468-484 at p. 469.
[50] Bayley, op. cit., pp. 352-353.
[51] ibid. [52] Palmer, op. cit., p. 16.
[53] Clive Emsley, “The Origins of the Modern Police,” in Terrence J. Fitzgerald, POLICE IN SOCIETY, New York: H. W. Wilson Company, 2000, pp. 9-17 at p. 12. Also see George Mosse, ed., POLICE FORCES IN HISTORY, London: Sage Publications, 1975, p. 5.
[54] Monkkonen, op. cit., pp. 38-39.
[55] John Moffett, BUREAUCRATIZATION AND SOCIAL CONTROL, Ph.D. Thesis, Columbia University, 1971, p. 189.
[56] Alan Silver, “The Demand for Order in Civil Society: A Review of Some Themes in the History of Urban Crime, Police, and Riot,” in David J. Bordua, THE POLICE: SIX SOCIOLOGICAL ESSAYS, New York: John Wiley & Sons, Inc., 1967, pp. 1-24 at p. 13.
[57] ibid., pp. 12-13.
[58] ibid., p. 22.
[59] Miller, op. cit., p. 4
[60] Philip John Stead, “The New Police,” in David H. Bayley, ed., POLICE AND SOCIETY, Beverly Hills: Sage Publications, 1977, pp. 73-84 at p.. 78.
[61] Wilbur Miller, “Never on Sunday,” in David Bayley, ed., POLICE AND SOCIETY, Beverly Hills: Sage Publications, 1977, pp. 127-148 at p 127.
[62] Silver, op. cit., pp. 14-15.
[63] Rudolf Braun, “Taxation, Sociopolitical Structure, and State-Building,” in Charles Tilly, THE FORMATION OF NATIONAL STATES IN WESTERN EUROPE, Princeton: Princeton University Press, 1975, pp. 243-327 at pp. 315-316. Also see Bittner, op. cit., p. 18.
[64] Bittner, op. cit., p. 29.
[65] See David Philips, “Good Men to Associate and Bad Men to Conspire: Associations for the Prosecutions of Felons In England 1760-1860,” in Douglas Hay and Francis Snyder, eds., POLICING AND PROSECUTION IN BRITAIN 1750-1850, Oxford: Clarendon Press, 1989, pp. 113-170. Also see Chapter Six, “Protection Money,” in William C. Wooldridge, UNCLE SAM, THE MONOPOLY MAN, New Rochelle: Arlington House, 1970.
[66] Josiah Flynt, THE WORLD OF GRAFT, New York: McClure, Phillips & C, 1901, pp. 3233.
[67] Les Johnston, THE REBIRTH OF PRIVATE POLICING, London: Routledge, 1992, p. 72.
[68] William C. Cunningham and Todd H. Taylor, THE HALLCREST REPORT I, PRIVATE SECURITY AND POLICE IN AMERICA, Boston: Butterworth-Heinemann, 1985, pp. 3. 14, 15, 19, and 46.
[69] Murray Rothbard, FOR A NEW LIBERTY, New York: The Macmillan Company, 1973, p. 223.
[70] Gustave de Molinari, THE PRODUCTION OF SECURITY, New York: The Center for Libertarian Studies, 1977, pp. 13-14. Reprinted in Whole No. 35 of THE VOLUNTARYIST.
[71] Lvsander Spooner, AN ESSAY ON THE TRIAL BY JURY, Boston: John P. Jewett and Company, 1852, p. 222. Reprinted in Vol. II of THE COLLECTED WORKS OF LYSANDER SPOONER, Introductions by Charles Shively, Weston: M & S Press, 1971. See Appendix: “Taxation”.
[72] Linda and Morris Tannehill, THE MARKET FOR LIBERTY, Lansing: By the Authors, 1970, pp. 81-83.
[73] Michael van Notten, THE LAW OF THE SOMALIS, (privately circulated manuscript edited by Spencer MacCallum) 2003. See Appendix C-2: “Law and Order in a Free Society,” (by Rigoberto Stewart) Section I: “Police Protection”.
[74] ibid., Chapter 10, “Strengths and Weaknesses,” Section 2: “The Law Prevents Political Rule”.
[75] Palmer, op. cit., 23.
[76] Monkkonen, op. cit. p. 43.
[77] ibid.
[78] Monkkonen. op. cit., p. 43.
[79] Bittner, op. cit., p. 148, citing Eugen Ehrlich, FUNDAMENTAL PRINCIPLES OF THE SOCIOLOGY OF LAW, New York: Russell & Russell, 1962, p. 71.
[80] Pearl Buck, THE MAN WHO CHANGED CHINA, New York: Random House, 1953, p. 157.
[81] Jim Payne, PRINCESS NAVINA VISITS VOLUNTARIA, Sandpoint: Lytton Publishing, 2002, pp. 71-74.

The Private Production of Defense


By Hans-Hermann Hoppe

Among the most popular and consequential beliefs of our age is the belief in collective security. Nothing less significant than the legitimacy of the modern state rests on this belief. I will demonstrate that the idea of collective security is a myth that provides no justification for the modern state, and that all security is and must be private. … “The Private Production of Defense”

 


The Case For Private Security
Rothbard, building on the pathbreaking analysis of the French-Belgian economist Gustave de Molinari, has given us a sketch of the workings of a free-market system of protection and defense. As well, we owe Morris and Linda Tannehill for their brilliant insights and analyses in this regard. Following their lead, I will proceed deeper in my analysis and provide a more comprehensive view of the alternative -non-statist-system of security production and its ability to handle attacks, not just by individuals or gangs but in particular also by states.

There exists widespread agreement – among libertarians such as Molinari, Rothbard, and the Tannehills as well as most other commentators on the matter – that defense is a form of insurance, and defense expenditures represent a sort of insurance premium (price). Accordingly, as Rothbard and the Tannehills in particular would emphasize, within the framework of a complex modern economy based on a worldwide division of labor the most likely candidates for offering protection and defense services are insurance agencies. The better the protection of insured property, the lower are the damage claims and hence an insurer’s costs. Thus, to provide efficient protection appears to be in every insurer’s own financial interest; and in fact even now, although restricted and hampered by the state, insurance agencies provide wide-ranging services of protection and indemnification (compensation) to injured private parties. Insurance companies fulfill a second essential requirement. Obviously, anyone offering protection services must appear able to deliver on his promises in order to find clients.

That is, he must possess the economic means – the manpower as well as the physical resources – necessary to accomplish the task of dealing with the dangers, actual or imagined, of the real world. On this count insurance agencies appear to be perfect candidates, too. They operate on a nationwide and even international scale, and they own large property holdings dispersed over wide territories and beyond single state boundaries.

Accordingly, they have a manifest self-interest in effective protection, and are big and economically powerful. Furthermore, all insurance companies are connected through a network of contractual agreements of mutual assistance and arbitration as well as a system of international reinsurance agencies, representing a combined economic power which dwarfs that of most if not all existing governments. …

Protection becomes an insurable good only if and insofar as an insurance agent contractually restricts the actions of the insured so as to exclude every possible provocation on their part. Various insurance companies may differ with respect to the specific definition of provocation, but there can be no difference between insurers with regard to the principle that each must systematically exclude (prohibit) all provocative and aggressive action among its own clients.

As elementary as this first insight into the essentially defensive – non-aggressive and non-provocative – nature of protection-insurance may seem, it is of fundamental importance. For one, it implies that any known aggressor and provocateur would be unable to find an insurer, and hence, would be economically isolated, weak, and vulnerable.

On the other hand, it implies that anyone wanting more protection than that afforded by self-reliant self-defense could do so only if and insofar as he submitted himself to specified norms of non-aggressive, civilized conduct. Furthermore, the greater the number of insured people – and in a modern exchange economy most people want more than just self-defense for their protection – the greater would be the economic pressure on the remaining uninsured to adopt the same or similar standards of non-aggressive social conduct. Moreover, as the result of competition between insurers for voluntarily paying clients, a tendency toward falling prices per insured property values would come about. At the same time, a tendency toward the standardization and unification of property and contract law would be set in motion. Protection contracts with standardized property and product descriptions would come into existence; and out of the steady cooperation between different insurers in mutual arbitration proceedings, a tendency toward the standardization and unification of the rules of procedure, evidence, and conflict resolution (including compensation, restitution, punishment, and retribution), and steadily increasing legal certainty would result. Everyone, by virtue of buying protection insurance, would be tied into a global competitive enterprise of striving to minimize aggression (and thus maximize defensive protection), and every single conflict and damage claim, regardless of where and by or against whom, would fall into the jurisdiction of exactly one or more enumerable and specific insurance agencies and their mutually defined arbitration procedures. …


Political Borders And Insurance


Let me first contrast defense-protection insurance with that against natural disasters. Frequently an analogy between the two is drawn, and it is instructive to examine if or to what extent it holds. The analogy is that just as every individual within certain geographical regions is threatened by the same risk of earthquakes, floods, or hurricanes, so does every inhabitant within the territory of the U.S. or Germany, for instance, face the same risk of being victimized by a foreign attack. Some superficial similarity – to which I shall come shortly – notwithstanding, it is easy to recognize two fundamental shortcomings in the analogy. For one, the borders of earthquake, flood, or hurricane regions are established and drawn according to objective physical criteria and hence can be referred to as natural. In distinct contrast, political boundaries are artificial boundaries. The borders of the U.S. changed throughout the entire 19th century, and Germany did not exist as such until 1871, but was composed of nearly 50 separate countries. Surely, no one would want to claim that this redrawing of the U.S. or German borders was the outcome of the discovery that the security risk of every American or German within the greater U.S. or Germany was, contrary to the previously held opposite belief, homogeneous (identical).

There is a second obvious shortcoming. Nature – earthquakes, floods, hurricanes – is blind in its destruction. It does not discriminate between more and less valuable locations and objects, but attacks indiscriminately. In distinct contrast, an aggressor-invader can and does discriminate. He does not attack or invade worthless locations and things, like the Sahara Desert, but targets locations and things that are valuable. Other things being equal, the more valuable a location and an object, the more likely it will be the target of an invasion. This raises the crucial next question. If political borders are arbitrary and attacks are in any case never indiscriminate but directed specifically toward valuable places and things, are there any non-arbitrary borders separating different security risk (attack) zones? The answer is yes. Such non-arbitrary borders are those of private property. Private property is the result of the appropriation and/or production of particular physical objects or effects by specific individuals at specific locations. Every appropriator-producer (owner) demonstrates with his actions that he regards the appropriated and produced things as valuable (goods), otherwise he would not have appropriated or produced them. The borders of everyone’s property are objective and inter subjectively ascertainable. They are simply determined by the extension and dimension of the things appropriated and/or produced by any one particular individual. And the borders of all valuable places and things are coextensive with the borders of all property. At any given point in time, every valuable place and thing is owned by someone; only worthless places and things are owned by no one.

Surrounded by other men, every appropriator and producer can also become the object of an attack or invasion. Every property – in contrast to things (matter) – is necessarily valuable; hence, every property owner becomes a possible target of other men’s aggressive desires. Consequently, every owner’s choice of the location and form of his property will, among countless other considerations, also be influenced by security concerns. Other things being equal, everyone will prefer safer locations and forms of property to locations and forms which are less safe. Yet, regardless of where an owner and his property are located and whatever the property’s physical form, every owner, by virtue of not abandoning his property even in view of potential aggression, demonstrates his personal willingness to protect and defend these possessions.

However, if the borders of private property are the only non-arbitrary borders standing in systematic relation to the risk of aggression, then it follows that as many different security zones as there are separately owned property holdings exist, and that these zones are no larger than the extension of these holdings. That is, even more so than in the case of industrial accidents, the insurance of property against aggression would seem to be an example of individual rather than group (mutual) protection.

Whereas the accident-risk of an individual production process is typically independent of its location – such that if the process were replicated by the same producer at different locations his margin of error would remain the same – the risk of aggression against private property – the production plant – is different from one location to another. By its very nature, as privately appropriated and produced goods, property is always separate and distinct. Every property is located at a different place and under the control of a different individual, and each location faces a unique security risk. It can make a difference for my security, for instance, if I reside in the countryside or the city, on a hill or in a valley, or near or far from a river, ocean, harbor, railroad or street. In fact, even contiguous locations do not face the same risk. It can make a difference, for instance, if I reside higher or lower on the mountain than my neighbor, upstream or downstream, closer to or more distant from the ocean, or simply north, south, west, or east of him. Moreover, every property, wherever it is located, can be shaped and transformed by its owner so as to increase its safety and reduce the likelihood of an aggression. I may acquire a gun or safe-deposit box, for instance, or I may be able to shoot down an attacking plane from my backyard or own a laser gun that can kill an aggressor thousands of miles away. Thus, no location and no property are like any other. Every owner will have to be insured individually, and to do so every aggression-insurer must hold sufficient capital reserves.


The Democratic State And Total War


The analogy typically drawn between insurance against natural disasters and external, aggression is fundamentally flawed. As aggression is never indiscriminate but selective and targeted, so is defense. Everyone has different locations and things to defend, and no one’s security risk is the same as anyone else’s. And yet the analogy also contains a kernel of truth. However, any similarity between natural disasters and external aggression is due not to the nature of aggression and defense but to the rather specific nature of state-aggression and defense (interstate warfare). As explained above, a state is an agency that exercises a compulsory territorial monopoly of protection and the power to tax, and any such agency will be comparatively more aggressive because it can externalize the costs of such behavior onto its subjects. However, the existence of a state does not just increase the frequency of aggression; it changes its entire character. The existence of states, and especially of democratic states, implies that aggression and defense – war – will tend to be transformed into total, undiscriminating, war.

Consider for a moment a completely stateless world. Most property owners would be individually insured by large, often multinational insurance companies endowed with huge capital reserves. Most if not all aggressors, being bad risks, would be left without any insurance whatever. In this situation, every aggressor or group of aggressors would want to limit their targets, preferably to uninsured property, and avoid all “collateral damage,” as they would otherwise find themselves confronted with one or many economically powerful professional defense agencies. Likewise, all defensive violence would be highly selective and targeted. All aggressors would be specific individuals or groups, located at specific places and equipped with specific resources. In response to attacks on their clients, insurance agencies would specifically target these locations and resources for retaliation, and they would want to avoid any collateral damage as they would otherwise become entangled with and liable to other insurers.

All of this fundamentally changes in a statist world with interstate warfare. For one, if a state, the U.S., attacks another, for instance Iraq, this is not just an attack by a limited number of people, equipped with limited resources and located at a clearly identifiable place. Rather, it is an attack by all Americans and with all of their resources. Every American supposedly pays taxes to the U.S. government and is thus de facto, whether he wishes to be or not, implicated in every government aggression. Hence, while it is obviously false to claim that every American faces an equal risk of being attacked by Iraq, (low or nonexistent as such a risk is, it is certainly higher in New York City than in Wichita, Kansas, for instance) every American is rendered equal with respect to his own active, if not always voluntary, participation in each of his government’s aggressions.

Second, just as the attacker is a state, so is the attacked, Iraq. As its U.S. counterpart, the Iraqi government has the power to tax its population or draft it into its armed forces. As taxpayer or draftee, every Iraqi is implicated in his government’s defense just as every American is drawn into the U.S. government’s attack. Thus, the war becomes a war of all Americans against all Iraqis, i.e., total war. The strategy of both the attacker and the defender state will be changed accordingly. While the attacker still must be selective regarding the targets of his attack, if for no other reason than that even taxing agencies (states) are ultimately constrained by scarcity, the aggressor has little or no incentive to avoid or minimize collateral damage. To the contrary, since the entire population and national wealth is involved in the defensive effort, collateral damage, whether of lives or property, is even desirable. No clear distinction between combatants and non-combatants exists. Everyone is an enemy, and all property provides support for the attacked government. Hence, everyone and everything becomes fair game. Likewise, the defender state will be little concerned about collateral damage resulting from its own retaliation against the attacker. Every citizen of the attacker state and all of their property is a foe and enemy property and thus becomes a possible target of retaliation. Moreover, every state, in accordance with this character of interstate war, will develop and employ more weapons of mass destruction, such as atomic bombs, rather than long-range precision weapons, such as my imaginary laser gun.

Thus, the similarity between war and natural catastrophes – their seemingly indiscriminate destruction and devastation – is exclusively a feature of a statist world.


Insurance And Incentives


This brings on the last problem. We have seen that just as all property is private, all defense must be insured individually by capitalized insurance agencies, very much like industrial accident insurance. Yet, we have also seen that both forms of insurance differ in one fundamental respect. In the case of defense insurance, the location of the insured property matters. The premium per insured value will be different at different locations. Furthermore, aggressors can move around, their arsenal of weapons may change, and their entire character of aggression can alter with the presence of states. Thus, even given an initial property location, the price per insured value can alter with changes in the social environment or surroundings of this location. How would a system of competitive insurance agencies respond to this challenge? In particular, how would it deal with the existence of states and state aggression?

In answering these questions it is essential to recall some elementary economic insights. Other things being equal, private property owners generally, and business owners in particular, prefer locations with low protection costs (insurance premiums) and rising property values to those with high protection costs and falling property values. Consequently, there is a tendency toward the migration of people and goods from high risk and falling property value areas into low risk and increasing property value areas. Furthermore, protection costs and property values are directly related. Other things being equal, higher protection costs (greater attack risks) imply lower or falling property values, and lower protection costs imply higher or increasing property values. These laws and tendencies shape the operation of a competitive system of insurance protection agencies.

First, whereas a tax-funded monopolist will manifest a tendency to raise the cost and price of protection, private profit-loss insurance agencies strive to reduce the cost of protection and thus bring about falling prices. At the same time insurance agencies are more interested than anyone else in rising property values, because this implies not only that their own property holdings appreciate but in particular that there will also be more of other people’s property for them to insure. In contrast, if the risk of aggression increases and property values fall, there is less value to be insured while the cost of protection and price of insurance rises, implying poor business conditions for an insurer. Consequently, insurance companies would be under permanent economic pressure to promote the former favorable and avert the latter unfavorable condition.

This incentive structure has a fundamental impact on the operation of insurers. For one, as for the seemingly easier case of the protection against common crime and criminals, a system of competitive insurers would lead to a dramatic change in current crime policy. To recognize the extent of this change, it is instructive to look first at the present and thus familiar statist crime policy. While it is in the interest of state agents to combat common private crime (if only so that there is more property left for them to tax), as tax-funded agents they have little or no interest in being particularly effective at the task of preventing it, or else, if it has occurred, at compensating its victims and apprehending and punishing the offenders. Moreover, under democratic conditions, insult will be added to injury. For if everyone – aggressors as well as non-aggressors and residents of high crime locations as well as those of low crime location – can vote and be elected to government office, a systematic redistribution of property rights from non-aggressors to aggressors and the residents of low crime areas to those of high crime areas comes into effect and crime will actually be promoted. Accordingly, crime, and consequently the demand for private security services of all kinds are currently at an all-time high. Even more scandalously, instead of compensating the victims of crimes it did not prevent (as it should have), the government forces victims to pay again as taxpayers for the cost of the apprehension, imprisonment, rehabilitation, and/or entertainment of their aggressors. And rather than requiring higher protection prices in high crime locations and lower ones in low crime locations, as insurers would, the government does the exact opposite. It taxes more in low crime-and high property value areas than in high crime and low property value ones, or it even subsidizes the residents of the latter locations – the slums – at the expense of those of the former and thus erodes the social conditions unfavorable to crime while promoting those favorable to it. The operation of competitive insurers would be in striking contrast. For one, if an insurer could not prevent a crime, it would have to indemnify the victim. Thus, above all insurers would want to be effective in crime prevention. And if they still could not prevent it, they would want to be efficient in the detection, apprehension, and punishment of criminal offenders, because in finding and arresting an offender, the insurer could force the criminal – rather than the victim and its insurer – to pay for the damages and cost of indemnification.

More specifically, just as insurance companies currently maintain and continually update a detailed local inventory of property values so they would then maintain and continually update a detailed local inventory of crimes and criminals. Other things being equal, the risk of aggression against any private property location increases with the proximity and the number and resources of potential aggressors. Thus, insurers would be interested in gathering information on actual crimes and known criminals and their locations, and it would be in their mutual interest of minimizing property damage to share this information with each other (just as banks now share information on bad credit risks with each other). Furthermore, insurers would also be particularly interested in gathering information on potential (not yet committed and known) crimes and aggressors, and this would lead to a fundamental overhaul of and improvement in current— statist—crime statistics. In order to predict the future incidence of crime and thus calculate its current price (premium), insurers would correlate the frequency, description, and character of crimes and criminals with the social surroundings in which they occur and operate, and develop and under competitive pressure continually refine an elaborate system of demographic and sociological crime indicators. That is, every neighborhood would be described, and its risk assessed, in terms and in light of a multitude of crime indicators, such as the composition of sexes, age groups, races, nationalities, ethnicities, religions, languages, professions, and incomes.

Consequently, and in distinct contrast to the present situation, all interlocal, regional, racial, national, ethnic, religious, and linguistic income, and wealth redistribution would disappear, and a constant source of social conflict would be removed permanently. Instead, the emerging price (premium) structure would tend to accurately reflect the risk of each location and its particular social surrounding, such that no one would be forced to pay for the insurance risk of anyone but his own and that associated with his particular neighborhood. More importantly, based on its continually updated and refined system of statistics on crime and property values and further motivated by the noted migration tendency from high-risk-low •value (henceforth “bad”) to low-risk- high-value (henceforth “good”) locations, a system of competitive aggression insurers would promote a tendency toward civilizational progress (rather than decivilization).

Governments – and democratic governments in particular erode “good” and promote “bad” neighborhoods through their tax and transfer policy. They do so also, and with possibly an even more damaging effect, through their policy of forced integration. This policy has two aspects. On the one hand, for the owners and residents in “good” locations and neighborhoods who are faced with an immigration problem, forced integration means that they must accept, without discrimination, every domestic immigrant, as transient or tourist on public roads, as customer, client, resident, or neighbor. They are prohibited by their government from excluding anyone, including anyone they consider an undesirable potential risk, from immigration. On the other hand, for the owners and residents in “bad” locations and neighborhoods, who experience emigration rather than immigration, forced integration means that they are prevented from effective self-protection. Rather than being allowed to rid themselves of crime through the expulsion of known criminals from their neighborhood, they are forced by their government to live in permanent association with their aggressors.

The results of a system of private protection insurers would be in striking contrast to these all too familiar decivilizing effects and tendencies of statist crime protection. To be sure, insurers would be unable to eliminate the differences between “good” and “bad” neighborhoods. In fact, these differences might even become more pronounced. However, driven by their interest in rising property values and falling protection costs, insurers would promote a tendency to improve by uplifting and cultivating both “good” and “bad” neighborhoods. Thus, in “good” neighborhoods insurers would adopt a policy of selective immigration. Unlike states, they could not and would not want to disregard the discriminating inclinations among the insured toward immigrants. To the contrary, even more so than any one of their clients, insurers would be interested in discrimination: in admitting only those immigrants whose presence adds to a lower crime risk and increased property values and in excluding those whose presence leads to a higher risk and lower property values. That is, rather than eliminating discrimination, insurers would rationalize and perfect its practice. Based on their statistics on crime and property values, and in order to reduce the cost of protection and raise property values, insurers would formulate and continually refine various restrictive (exclusionary) rules and procedures relating to immigration and immigrants and thus give quantitative precision – in the form of prices and price differentials – to the value of discrimination (and the cost of non-discrimination) between potential immigrants (as high or low risk and value-productive).

Similarly, in “bad” neighborhoods the interests of the insurers and the insured would coincide. Insurers would not want to suppress the expulsionist inclinations among the insured toward known criminals. They would rationalize such tendencies by offering selective price cuts (contingent on specific clean-up operations). Indeed, in cooperation with one another, insurers would want to expel known criminals not just from their immediate neighborhood, but from civilization altogether, into the wilderness or open frontier of the Amazon jungle, the Sahara, or the polar regions.


Insuring Against State Aggression


Yet what about defense against a state? How would insurers protect us from state aggression?

First, it is essential to remember that governments qua compulsory, tax-funded monopolies are inherently wasteful and inefficient in whatever they do. This is also true for weapons technology and production, military intelligence and strategy, especially in our age of high technology. Accordingly, states would not be able to compete within the same territory against voluntarily financed insurance agencies. Moreover, most important and general among the restrictive rules relating to immigration and designed by insurers to lower protection cost and increase property values would be one concerning government agents. States are inherently aggressive and pose a permanent danger to every insurer and insured. Thus, insurers in particular would want to exclude or severely restrict – as a potential security risk – the immigration (territorial entry) of all known government agents, and they would induce the insured, either as a condition of insurance or of a lower premium, to exclude or strictly limit any direct contact with any known government agent, be it as visitor, customer, client, resident, or neighbor. That is, wherever insurance companies operated – in all free territories – state agents would be treated as undesirable outcasts, potentially more dangerous than any common criminal. Accordingly, states and their personnel would be able to operate and reside only in territorial separation from, and on the fringes of, free territories. Furthermore, owing to the comparatively lower economic productivity of statist territories, governments would be continually weakened by the emigration of their most value productive residents.

Now, what if such a government should decide to attack or invade a free territory? This would be easier said than done! Who and what would one attack? There would be no state opponent. Only private property owners and their private insurance agencies would exist. No one, least of all the insurers, would have presumably engaged in aggression or even provocation. If there were any aggression or provocation against the state at all, this would be the action of a particular person, and in this case the interest of the state and insurance agencies would fully coincide. Both would want to see the attacker punished and held accountable for all damages caused. But without any aggressor-enemy, how could the state justify an attack and even more so any indiscriminate attack? And surely it would have to justify it! For the power of every government, even the most despotic one, rests ultimately on opinion and consent, as La Boetie, Hume, Mises and Rothbard have explained. Kings and presidents can issue an order to attack, of course. But there must be scores of other men willing to execute their order to put it into effect. There must be generals receiving and following the order, soldiers willing to march, kill, and be killed, and domestic producers willing to continue producing to fund the war. If this consensual willingness were absent because the orders of the state rulers were considered illegitimate, even the seemingly most powerful government would be rendered ineffectual and collapse, as the recent examples of the Shah of Iran and the Soviet Union have illustrated. Hence, from the viewpoint of the leaders of the state an attack on free territories would have to be considered extremely risky. No propaganda effort, however elaborate, would make the public believe that its attack were anything but an aggression against innocent victims. In this situation, the rulers of the state would be happy to maintain monopolistic control over their present territory rather than running the risk of losing legitimacy and all of their power in an attempt at territorial expansion.

However, as unlikely as this may be, what would happen if a state still attacked and/or invaded a neighboring free territory? In this case the aggressor would not encounter an unarmed population. Only in statist territories is the civilian population characteristically unarmed. States everywhere aim to disarm their own citizenry so as to be better able to tax and expropriate it. In contrast, insurers in free territories would not want to disarm the insured. Nor could they. For who would want to be protected by someone who required him as a first step to give up his ultimate means of self-defense? To the contrary, insurance agencies would encourage the ownership of weapons among their insured by means of selective price cuts.

Moreover, apart from the opposition of an armed private citizenry, the aggressor state would run into the resistance of not only one but in all likelihood several insurance and reinsurance agencies. In the case of a successful attack and invasion, these insurers would be faced with massive indemnification payments. Unlike the aggressing state, however, these insurers would be efficient and competitive firms. Other things being equal, the risk of an attack—and hence the price of defense insurance—would be higher in locations adjacent or in close proximity to state territories than in places, far away from any state. To justify this higher price, insurers would have to demonstrate defensive readiness vis-à-vis any possible state aggression to their clients, in the form of intelligence services, the ownership of suitable weapons and materials, and military personnel and training. In other words, the insurers would be prepared – effectively equipped and trained – for the contingency of a state attack and ready to respond with a two-fold defense strategy. On the one hand, insofar as their operations in free territories are concerned insurers would be ready to expel, capture, or kill every invader while at the same time trying to avoid or minimize all collateral damage. On the other hand, insofar as their operations on state territory are concerned insurers would be prepared to target the aggressor- the state – for retaliation. That is, insurers would be ready to counterattack and kill, whether with long-range precision weapons or assassination commandos, state agents from the top of the government hierarchy of king, president, or prime minister on downward while at the same time seeking to avoid or minimize all collateral damage to the property of innocent civilians (non-state agents), and they would thereby encourage internal resistance against the aggressor government, promote its delegitimization, and possibly incite the liberation and transformation of the state territory into a free country.


Regaining Our Right To Self-defense


I have thus come full circle with my argument. First, I have shown that the idea of a protective state and state protection of private property is based on a fundamental theoretical error, and that this error has had disastrous consequences: the destruction and insecurity of all private property and perpetual war. Second, I have shown that the correct answer to the question of who is to defend private property owners from aggression is the same as for the production of every other good or service: private property owners, cooperation based on the division of labor, and market competition. Third, I have explained how a system of private profit-loss insurers would effectively minimize aggression, whether by private criminals or states, and promote a tendency toward civilization and perpetual peace. The only task outstanding, then, is to implement these insights: to withdraw one’s consent and willing cooperation from the state and to promote its delegitimization in public opinion so as to persuade others to do the same. Without the erroneous public perception and judgment of the state as just and necessary and without the public’s voluntary cooperation, even the seemingly most powerful government would implode and its powers evaporate. Thus liberated, we would regain our right to self-defense and be able to turn to freed and unregulated insurance agencies for efficient professional assistance in all matters of protection and conflict resolution.

Private Production of Defense

[The full text of this essay ( Private Production of Defense ) is at www.mises.org/journals/ scholar/Hoppe.pdf. Permission to use excerpts given by Judy Thommesen by email of October 28, 2002.

Copyright by the Ludwig von Mises Institute, 1998.]

Let us Imagine “Perfect “Protection


By Robert LeFevre

[Editor’s Note: This is taken from a Freedom School pamphlet, titled PROTECTION (Colorado Springs: Pine Tree Press,  December 1964, pp. 14-16).]

Conceive of an electronic device capable of creating a force field around any person or object. Imagine this force field of such intensity that it would actually stop a bullet or deflect any other object of force. Were such a force field available to you in the market, you could obtain one and place it around your home. You could even place it around yourself if you strolled abroad. With it in place, you or your property would be safe. No predator could possibly penetrate this shield.

Now, imagine a community in which all property and all persons were thus protected. What chance would a predator have in such a community? Would it be necessary to arrest and punish a malefactor? No. Because no predation could occur. The evil wisher would be confronted by an impenetrable shield standing between himself and the target of his ambition. He would have to learn to cooperate and to live in peace and productive effort, or starve. If he hurled himself against a person or a property so protected, he would injure himself in the effort. You would not have to arrange for his punishment or even for his arrest. He would be engaged in an act of futility and thus would be a proper object for your compassion, not for retributive justice.

We do not know that the market place could produce this device or anything similar. But we do know that the market place can and has produced seeming miracles. Once we accept the idea that we must rely on the market and look to it for our protection, stimulation of invention and devising will occur. Whether the market can or will provide for such protection is not the point. The point is that we begin thinking in terms of protection rather than in terms of retributive justice. A free society requires protection; it cannot at the same time hold to views in support of retributive justice. Ideas of retribution are contrary to ideas of freedom.

If we are to persist in retributive concepts, then we will have to discard freedom as a total concept. The best we can hope for is  limited freedom; freedom limited by a government which will have the power to trespass anyone’s property or life at will.

If, however, we can discard this ancient and worn out idea that protection is impossible or ineffective in the sense that we are made safe, then we will have opened a door long bolted shut in our minds. Real protection is possible. But only the market place provides it.

Retributive justice is the last vestige of the ancient idea of an eye for an eye and a tooth for a tooth.

ANDREW J. GALAMBOS: HISTORY OF ORIGINS OF THE V-50 AND V-201 LECTURES


By Fred G. Marks and Allison J. Marks

[Editor’s Note: Andrew J. Galambos (1924-1997) was one of the pivotal figures in developing the ramifications of a stateless society. The original version of this article (complete with footnotes) appeared at capitalismtheliberalrevlution.com/people-ideas/. This essay is based principally on telephone and email conversations between Alvin Lowi and Frederic Marks, and upon Alvin Lowi’s essay about his relationship with Galambos entitled “A Lasting Encounter,” available on the internet at http://www.lewrockwell.com/orig3/lowi1.html. Other memories can be found in Charles R. Estes, “We Never Called Him ‘Andy’: My Recollections of the Person and Philosophy of the Earlier Joseph A. Galambos Alias Andrew Joseph Galambos—The Liberal,” published in THE VOLUNTARYIST,  Whole Number 78, page 6, February 1996. Frederick Marks, one of the authors of this piece, attended the complete lectures of Course V-50 delivered by both Jay Snelson and Andrew Galambos during the years 1967-1968.]

Andrew Joseph Galambos was born in Hungary on June 27, 1924. His parents brought him to America at age two, where the family settled in New York City. He earned degrees in physics from City College of New York (now the City University of New York) and the University of Minnesota. He taught physics at New York University, Brooklyn College, Stevens Institute of Technology of Hoboken, New Jersey, the University of Minnesota, Carleton College of Northfield, Minnesota and Whittier College of Whittier, California.
In 1952 Galambos moved to Los Angeles, California to work at North American Aviation. Later Galambos left North American Aviation to work with Ramo-Wooldridge Corporation, which had been founded in 1953 by physicist-engineer Simon Ramo and engineer Dean Wooldridge.

A brief history of the genesis of FEI Course V-50
This essay is also based on conversations with Peter Bos, Jay S. Snelson and Charles Holloway. Mr. Holloway interviewed Jay Snelson as part of preparation of a DVD  recording of Snelson’s final presentation of Course V-50 in 1977-1978. A limited number of copies of that recording are available from the Sustainable Civilization Institute, http://www.suscivinst.com/ co-founded by Jay Snelson, his long-time colleague David Woodward, and Mr. Snelson’s wife, Nancy Rhyme Snelson.

The influence of Robert LeFevre on Galambos’ thinking about a stateless society is recorded in the written recollections of Charles R. Estes, engineer, a member of the class at the first presentation of Galambos’ Course 100, entitled Capitalism: The Key to Survival. Along with Alvin Lowi and Donald Allen, Mr. Estes was one of several enthusiastic supporters and promoters of the idea that Galambos should present his ideas in public lectures.

From 1957 to 1959 Alvin Lowi, Jr. (Alvin Lowi or Lowi), an engineer, Andrew Galambos, an astrophysicist, and Donald H. Allen (Don Allen or Allen), a mathematician were colleagues at the Space Technologies Laboratory (STL) division of Ramo-Wooldridge Corporation Galambos and Lowi were “rocket scientists,” working on rockets to be used as launch vehicles for space exploration and ballistic missiles. Galambos was calculating trajectories for rocket launch vehicles before the advent of high-speed digital computers. Lowi was engineering rocket thrust controls to put missiles into specific trajectories. At STL Galambos became well known for his lunch-time lectures on astronomy, astrophysics, and astronautics.

Andrew Galambos and Don Allen had a business joint venture known as Universal Shares, through which they engaged in sale of mutual funds and other investments and insurance. Universal Shares was required by federal law to be a member of the National Association of Securities Dealers (NASD), a quasi-governmental agency under the supervision of the Securities and Exchange Commission. According to Alvin Lowi, Galambos’ closest colleague at the time, Galambos’ disdain for state regulation of business may have derived originally from his unhappiness and frustration with the bureaucratic requirements of NASD.

In their years together at STL (1957-1959) Galambos and Lowi studied the works of economist Ludwig von Mises. Their interest in von Mises was due to the influence of Don Allen, who was an avid reader of THE FREEMAN magazine published by the Foundation for Economic Education. Don Allen persuaded Galambos to read this magazne on the ground that  the ideas of the Austrian school of economics would improve  Galambos’ exposition of laissez-faire capitalism, which Galambos later taught at Whittier College.

Galambos became disillusioned with his work at STL when it became apparent that the focus of STL had evolved almost exclusively to development of inter-continental ballistic missiles for military purposes. Galambos did not want to work on weapons of war. In or around 1958-1959 Galambos formulated a proposal to George Mueller, the director of STL, for a project to develop rockets for space exploration, including landing on the moon. Dr. Mueller turned down this proposal as not in the best interests of the company. Galambos’ proposal was too early for Mueller. A few years later Mueller left STL to take a position with the National Aeronautics and Space Agency (NASA) as Associate Director for Manned Space Flight where he was one of the people in charge of the Apollo 11 manned lunar landing project, the same type of project he had turned down when Galambos proposed it to him at STL.

Alvin Lowi wrote that “. . . soon enough we all [Galambos, Allen and Lowi] came to realize that our employment made us part and parcel of a racket, that in principle, was not unlike the one [the Soviet Union] against which we were supposed to be defending America. Subsequently Galambos [left] the aerospace boondoggle and joined Whittier College to teach physics, math and astronomy.”

At Whittier College Galambos presented a highly popular extracurricular lecture series entitled “The Decline and Renaissance of Laissez-Faire Capitalism.” Because Galambos offered these lectures during the weekly chapel period in competition with the College Chaplain, Whittier College terminated his position at the college.

When Galambos left Whittier College, Lowi and others urged him to start his own private teaching business, which Galambos did in 1960, under the name “The Free Enterprise Institute (FEI).” At first FEI had just three staff members, Andrew Galambos, his wife Suzanne J. Galambos, and Alvin Lowi, and a single lecture course, entitled “Course 100: Capitalism—the Key to Survival.”

In 1960 Galambos asked Lowi to accompany him on a trip to New York City. The purpose of the trip to New York City was to meet Leonard Read of FEE. In 1946 Leonard Read (1898-1983), together with famed economic journalist Henry Hazlitt, co-founded The Foundation for Economic Education (FEE) in New York. FEE was the first free-market-oriented “think tank.” THE FREEMAN was then (in the late 1950s), and through 2016, a popular forum for publicizing the free market principles espoused by the “Austrian” school of economics, named after its initial, influential founders who lived in Vienna, Austria from the 1870s through the 1930s.

Leonard Read either originated or at least popularized the word “libertarian” to describe those who advocate a limited government, in contradistinction to the word “liberal” which had come to mean, at least in America, people who advocate a major role for the state in the governance of human affairs. Galambos insisted on calling himself a liberal, in the sense that word was used originally in 18th and 19th century Europe, and still is in Australia, to signify advocacy of maximum freedom of the individual and governmental protection of individual rights and civil liberties. Although Galambos respected Leonard Read, he rejected Read’s “libertarian” label because it meant, in his view, surrendering the magnificent word “liberal” to collectivists. In the common American parlance of Galambos’ time, he would be described as a “classical liberal.” Galambos could be described as “an eighteenth century liberal,” a comment made by someone else, and intended to be pejorative, that Galambos related with pride.

Mr. Read was most cordial, and arranged for Galambos and Lowi to meet with Ludwig von Mises, the highly esteemed economist who was a professor at New York University. On this trip Galambos and Lowi also met with the famous novelist-philosopher Ayn Rand,  and the nationally prominent economic writer Henry Hazlitt. These people and Galambos shared a passion to push back intellectually against what they saw as a rising tide of collectivist political thinking that was taking humanity down the path described by F. A. Hayek in his famous and best-selling book THE ROAD TO SERFDOM (1944), which Hayek dedicated to “The Socialists of All Parties.”

In 1961 Galambos presented his first lectures of what eventually became Course V-50. This original course was entitled Course 100: “Capitalism: The Key to Survival.” The first classes were presented at the Ivar Hotel in Los Angeles. Galambos’ early societal models were modified versions of the Unites States republic, with the addition of the “Resistor,” a body empowered to repeal laws passed by Congress if it judged them to be contrary to the Constitution.

After starting the Free Enterprise Institute in Los Angeles in 1960, Galambos sponsored guest seminars by well-known freedom-oriented thinkers. Ludwig von Mises and Leonard Read were the first two who spoke in Los Angeles under FEI auspices. Other guest seminars offered in the years 1962-1964 included presentations by F.A. Harper of the Institute for Humane Studies, and Spencer MacCallum, anthropologist, author, and advocate of a theory of proprietary community governance.

During the years 1962-1964 there were several people presenting Course 100 at various locations in the Los Angeles area, including Galambos himself, Lowi, engineer Chuck Estes, patent attorney Billy Robbins, purchasing agent Jerome Smith, electrical engineer Richard Nesbitt, Ph.D. and George Haddad, M.D.

Working with Galambos, Lowi listened to a recording of each Galambos lecture of Course 100 and the following week Lowi would replicate that lecture in his own presentation of Course 100. The lectures ran long, starting at 7:30 p.m. and often going until midnight. In 1963 Lowi proposed to Galambos that some changes ought to be made in Course 100, for two principal reasons. The first was dissatisfaction with what Lowi and many students thought was the excessive length of the individual lectures. The second and more important reason was that Course 100 envisioned continuation of a political state under what is known as “limited government.” Limited government has become identified with what is known as “libertarian” ideology, in which there would be a political state but it would be subject to strict limits on its powers.

By 1963 Lowi and Galambos were getting feedback from Course 100 students who were questioning the need for a state at all, and questioning the utility and efficacy of a restrictive constitution in limiting the state. Robert LeFevre had been giving his popular Freedom School Lectures for several years. Some FEI students had attended these lectures or knew of them and were influenced by LeFevre’s advocacy of the idea that the state was absurd at best, and was actually an enemy of human freedom.

According to Charles R. Estes, an early student of Galambos, in 1964 Estes, Alvin Lowi and several other associates of Galambos sponsored “. . . LeFevre at a three-day seminar in Los Angeles. Galambos attended. Course 100, which was undergoing major changes during that period, was soon modified to recognize the disutility of the political state.”

Galambos was unhappy with Lowi’s practice of holding lengthy after-class discussions with Lowi’s Course 100 students, and Lowi was unhappy with Galambos’ restriction on such discussions. That mutual dissatisfaction led to Jay Snelson becoming a lecturer for The Free Enterprise Institute.

Don Allen was instrumental in motivating Jay Snelson to attend a Course 100 presentation by Andrew Galambos in 1962. Concurrently Snelson also attended a Lowi presentation of Course 100. In consequence of Lowi’s dissatisfaction, in 1963, he proposed to Galambos that Jay Snelson take his place as an FEI lecturer.

At first Galambos was reluctant to consider taking Snelson on as a lecturer for FEI. However, he was convinced to do so by (1) an effective slide show about Course 100 and freedom that Snelson had created and presented at a 1963 convention of FEI students, (2) Lowi’s firm opinion that Snelson would do a good job, and (3) the excellent performance of Snelson in two private lectures which amounted to an audition, given to an audience of just Andrew Galambos, his wife Suzanne, and Lowi.

Piet (later Peter) Bos was a student in one of Lowi’s presentations of Course 100. Mr. Bos was employed as an engineer with the same company that employed Lowi. In after-class discussions Bos suggested that insurance companies could replace the state in the vital rôle of security and protection of life and property which Course 100 pointed out the state did very poorly. In the above-mentioned 1963 convention of FEI students, Bos made a formal presentation of his idea that the insurance mechanism could replace the state.

According to Alvin Lowi, Charles (aka Chuck) Estes innovated an idea of restitution-based justice and a private, non-state justice system. Estes made a presentation of this idea at the 1963 FEI convention.

Snelson was an effective speaker with experience working in that capacity. Snelson had some conditions of his own to be satisfied before he would agree to give up his prior position as a speaker on the benefits of capitalism under the auspices of Coast Federal Savings and Loan Association of Los Angeles.

Snelson did not want to teach Course 100, but instead wanted to design a new basic course for FEI in which the lectures would be shorter in length and would include the following:  the position advocated by Robert LeFevre that the state in any form was incompatible with human freedom; the ideas of Peter Bos regarding the insurance mechanism as a replacement for the state’s poor performance in protecting people from domestic and foreign attacks on property; and the Chuck Estes idea of restitution as the basis for justice in place of the laws of the political state in which offenders are subject to incarceration rather than being required to make restitution to victims of their misconduct.

Snelson asked for the consent of Galambos to use the term “Volitional Science” to describe what would become a new lecture series to be designated Course V-50. It was agreed by Galambos that Snelson should create this new course based on Course 100 with the foregoing modifications requested by Snelson, and that the new Course would be designated V-50, with the “V” standing for “Volition.”

The genesis of Course V-201
Galambos developed this course to foster a grand plan for encouraging, protecting, and rewarding innovators and discoverers. The American law of copyright and patent does not afford protection to someone who discovers a law of nature, such as an Isaac Newton or Albert Einstein. Yet it is such cosmological discoveries that underlie useful inventions that are accorded protection by the law of patents. Therefore, the law protects only the application, not the origination of the ideas that are among the highest achievements of humanity. Even where patent protection is available under the law it is of limited duration—and that was a major defect in Galambos’ view. The law of copyright also provides protection for authors that is also of limited duration and therefore inadequate in Galambos’ view.

This course was originally called F-201, with “F” standing for freedom. According to Alvin Lowi F-201 was first given in 1963 and consisted of ten to twelve lectures. Galambos innovated this course, but he had some inputs from others including the following. Alvin Lowi innovated the term “Prototype” to stand for a concept of primary property, i.e., what is commonly known as intellectual property, broader than just copyright and patent. Lowi innovated the term “natural estate” to stand for a perpetual estate in the property (including ideas) of a person. The idea of an individual’s “natural estate” was under discussion between Galambos and Lowi as far back as the late 1950s when both men were colleagues in the aerospace industry. Lowi taught a few lectures of Course F-201 as a substitute for Galambos. Starting in 1968 Jay Snelson taught V-201 while Galambos also continued to offer his own V-201 lectures live and through recorded presentation.

Alvin Lowi’s proposal to write Galambos’ book
By 1963-1964 Galambos had been talking to his colleagues and students about writing a book presenting the ideas of Course 100 and Course F-201. Since Galambos was very busy with his lectures, in or about 1964 Alvin Lowi proposed to write a book setting forth Galambos’ ideas and to print a limited edition of 100 serial-numbered copies of that book, all within one year. Lowi had obtained commitments for a total of $50,000 for production of such a book from around 20 to 25 individuals who were interested in seeing Galambos’ ideas perpetuated in book form. The purchasing power of $50,000 in 1964 was equivalent to a purchasing power of $375,000 in 2013. Galambos turned down this offer.

Bircher Grandma to Voluntaryist Grandson


By Rick Dutkiewicz

As of this writing in 2020, I am 66 years old, living in SW Michigan. I grew up with six siblings in a two bedroom apartment above the proverbial mom & pop small-town grocery store. My upbringing gave me a deep appreciation of entrepreneurs and small-business owners. I often heard my dad grumbling about government regulators telling him how to run his business. I have always enjoyed reading and asking questions. I have memories of my mother encouraging intellectual curiosity in her small children. My mother and father were both conservative “Independents.” Instead of watching TV after we kids went to bed at night, they would read aloud to each other, usually from magazines and newspapers. The only time they watched TV before bed was when they watched Buckley’s “Firing Line.”

My maternal grandmother, who babysat us a lot, was a John Bircher. She worked at the Birch Society’s “American Opinion Library & Book Store” in Grand Rapids, Michigan. My grandma was also a bit of a doomsday prepper, way before it was fashionable to be a doomsday prepper. She kept a shed full of powdered milk, canned goods, water, dried fruit, etc. When I was about 10, she would take me and my younger siblings to her weekly Tuesday night Bircher meeting. We had playing cards and tinker toys to keep us quiet, but I absorbed a lot of the anti-UN talk, anti-communist talk, and the general distrust of politicians left and right.

Spending my teen years playing in bands and listening to rock and folk music in the 60s and 70s, I was influenced by all the talk of “freedom” in popular music of the Woodstock generation. I noticed that “freedom” meant different things to different people. I saw lots of anti-war and anti-political posters in the local head shop which my friends and I frequented. Being a book lover, I visited the local library regularly, searching for various viewpoints on freedom and what it meant on both the personal and the cultural level. As the John Birch literature from my grandma pulled me to the conspiratorial flag-waving right, the anti-war rock music culture pulled me to the hippy-dippy flag-burning left.

Soon after graduating high school in 1971 I found THE MAINSPRING OF HUMAN PROGRESS by Henry Grady Weaver in my mom’s bookcase. Reading that book is what started me on the anarchist path at age 17. I had no idea how society could work without government, and I didn’t know how we would get there. I just knew that all forms of top-down government were at best counter-productive and at worst immoral. Weaver taught me that the human race has made many of its biggest leaps forward in times and places with very weak or non-existent government.

It wasn’t until 1979 that I found out that there was a libertarian movement. I often arrived home very late after my rock band gigs. Imagine my delight when I stumbled on to late-night TV infomercials by this guy named Ed Clark. He went over each issue point-by-point, and I cheered every criticism and condemnation that he laid in the lap of government, with scant mention of “left-wing” or “right-wing.” I found Clark’s book A NEW BEGINNING in my local library, and it had a sticker inside the back cover that gave subscription info for THE DANDELION, an anarchist newsletter by Michael Coughlin that finally gave me a good principled overview of anti-state ideas. The Dandelion introduced me to the works of Murray Rothbard, Lysander Spooner, Albert J Nock, and many other anti-state authors. I still enjoy re-reading Coughlin’s very best article from THE DANDELION. Actually, it was an ongoing series, brought together online: “Objections to Anarchism” at https://theanarchistlibrary.org/library/michael-e-coughlin-objections-to-anarchism.

I joined the Libertarian Party in the 80s, after seeing a bumper sticker on a car and scribbling down the phone number. The LP made me feel a lot less alone in fighting the good fight against the state. I was active in the LP until just after Harry Browne’s 2000 campaign, when the LP was full of bickering and back-biting. I had only been in the LP because I thought it was a good way to educate people. I never thought we could bring an end to politics by using politics. The surge in self-identified “libertarians” calling for war after the 911 attacks was the exclamation point on the end of my politicking.

I became a small “l” libertarian from 2001 onward. I couldn’t feel right campaigning or voting. I finally admitted that I was wrong about using using a political party to educate the masses. It’s more of a personal inner journey that doesn’t translate well to waving anti-tax signs in front of the post office on tax day. Even though some people come to the libertarian movement through the LP, too many single-issue converts call themselves “libertarian” and simply sound like “centrists” or “populists.” As far as my own label of choice, the only label that doesn’t have tons of baggage is “voluntaryist.” Even that isn’t perfect, but it’s by far the most positive label for my political attitude. Too bad so many labels have been ruined over time: “anarchist,” “liberal,” “capitalist,” and so on.

I resolved to take all the time, money, reading, and energy that I had been dumping into LP work, and instead put it towards self-education. I’ve always been a voracious reader, since about 7th grade. I’ve always thought that “truth is stranger (and more entertaining) than fiction,” so I read precious little fiction, although I’m often tempted to read a good thick novel. I read a lot of books and articles on history, economics, philosophy, and science.

I’m only marginally interested in current affairs and the political theater that dominates the cable news shows. I’m certainly interested, but all these characters and events on the world stage are driven by ideas that have been debated for hundreds of years. THE IDEAS are what I care about. I care about deciding which of them are moral and which are immoral; which are practical or impractical; where did these ideas come from; and what have been the core debating points for those who support or fight them?

I avoid watching news as much as possible. Getting angry and sad over local and national tragedies is stressful and UNHEALTHY. Like I said, I’m more interested in ideas. I think the world will be better once religion and politics lose their grip on people’s minds. Think of the enormous waste of human time, energy, and money spent on religious and political arguing, campaigning, and proselytizing. Think of all the amazing art, music, technology, and everything else that could be created with all that time, energy, and money. That said, I’m not holding my breath waiting for “liberty in our lifetime.”

I have no desire to confront police or bureaucrats head-on. I cheer for those who do, but I’m not surprised when things turn out badly for confrontational libertarians. I don’t wear my politics on my sleeve, unless I feel like I’ve found someone who dislikes the entire idea of the state, not just the party in charge. My Republican friends spouted libertarian ideas when Obama was in power, and now my Democrat friends are spouting anti-government ideas with Trump in power. I often bite my lip because it’s worthless to throw pearls before swine, but I have to speak out when a friend tries to school me with the simple-minded statist claptrap that we were spoon-fed back in grade school. I support what is intelligent and moral, not what is the lesser evil. Therefore, I am a voluntaryist.

Bailout of the American Government


By Carl Watner

Why throughout American history were banks in the United States exempt from laws that were applicable to most other businesses? The simple answer is that they were essentially part of the federal government. In 1933, the federal government protected the banks so as to protect itself from bankruptcy and whatever consequences that might have entailed. How did the US Treasury’s gold reserves, then, compare to the amount of gold certificates it had in circulation? If gold ownership had not been prohibited could the government and banks have honored all their obligations? To buttress my argument that the government was sheltering itself from financial danger, here is a mini-chronology of special banking legislation during the early days of the New Deal. However. we must first remember that the Federal Reserve Act was signed by President Woodrow Wilson on December 23, 1913. The Act required 40% gold backing for all Federal Reserve Notes issued.

March 4, 1933 Franklin Roosevelt was inaugurated

March 6, 1933 Presidential Proclamation 2039 closed all banks in the United States until March 9, 1933

March 9, 1933 Emergency Banking Relief Act allowed the Federal Reserve to issue additional currency

March 9, 1933 Presidential Proclamation 2040 continued bank holiday

March 10, 1933 Executive Order 6073 authorized the Secretary of the Treasury to decide which of the nation’s banks could open, and prohibited the export of gold except under Treasury permission

March 13, 1933 Some, but not all, banks reopened

April 5, 1933 President Roosevelt signed Executive Order 6102 “criminalizing possession of monetary gold” and mandating that all (subject to certain exceptions) gold coin, gold bullion, and gold certificates be delivered to Federal Reserve banks by May 1, 1933

May 2, 1933 U S Treasury sold $500 million dollars of government bonds containing gold clauses, which were subsequently dishonored by decision of the Supreme Court in 1935

May 7, 1933 FDR’s Second Fireside Chat, in which he said the following:

Behind government currency we have, in addition to the promise to pay, a reserve of gold and a small reserve of silver [neither of them anything like the total amount of the currency]. In this connection it is worth while remembering that in the past the government has agreed to redeem nearly thirty billions of its debts and its currency in gold, and private corporations in this country have agreed to redeem another sixty or seventy billions of securities and mortgages in gold. The government and private corporations were making these agreements when they knew full well that all of the gold in the United States amounted to only between three and four billions and that all of the gold in all of the world amounted to only about eleven billions.

If the holders of these promises to pay started in to demand gold, the first comers would get gold for a few days and they would amount to about one twenty-fifth of the holders of the securities and the currency. The other twenty-four people out of twenty-five, who did not happen to be at the top of the line, would be told politely that there was no more gold left. We have decided to treat all twenty-five in the same way in the interest of justice and the exercise of the constitutional powers of this government. We have placed every one on the same basis in order that the general good may be preserved. [https://millercenter.org/the-presidency/presidential-speeches/may-7-1933-fireside-chat-2-progress-during-first-two-months. See audio for words in brackets. For “private corporations” read “banks.”]

June 5, 1933 A Joint Congressional resolution confirmed Executive Order 6102

August 28, 1933 Executive Order 6260 declared “that a period of national emergency exists” and confirmed all previous Presidential and Congressional orders “relating to the hoarding, export, and earmarking of gold coin, bullion, or currency and to transactions in foreign exchange”

January 30, 1934 Congress passed the Gold Reserve Act which authorized the President to declare a new gold equivalent of the dollar. Subsequently, the President decreed the gold content of the dollar to be the equivalent of 1/35 (13.71 grains) of an ounce of fine gold, whereas it had been approximately 1/20 of an ounce (23.33 grains of fine gold).

1935 In three decisions, the Supreme Court abrogated the effect of gold clauses both in private and government contracts.

In trying to find confirmation of this, I found an article written and posted on the internet by Daniel Carr which can be found at MoonlightMint.com/bailout.htm. It is titled “FDR’s 1933 Gold Confiscation Was a Bailout of the Federal Reserve Bank.” In short, Carr concludes that “At the very minimum, Federal Reserve notes to the tune of 20,000 metric tons of gold were ‘circulating naked’ in 1933. He begins his analysis by pointing out that at that time there were both United States Notes issued by the US Treasury which contained gold clauses, as well as paper notes issued by the Federal Reserve Banks (founded in 1913), which also contained promises to redeem in gold.

Carr pegs the total outstanding US Treasury Certificates to pay gold in dollars at about 10 billion, 750 million and about 35 billion 834 million paper notes payable in gold issued by the Federal Reserve. To prove that there was a dire shortage of gold to cover both US Treasury Gold Certificates and paper notes issued by the Federal Reserve one only need to look at the figures mentioned in FDR’s May 7, 1933 fireside chat: “all of the gold in the United States amounted to only between three and four billions [measured in dollars] and that all of the gold in all of the world amounted to only about eleven billions.” Against that we need to measure the total amount of gold (as represented in dollars) promised by the Treasury and the Federal Reserve which was in the neighborhood of over 46 billion dollars. In other words, calculating “that the gold reserves in the country in 1933 were 4 Billion dollars worth” there were more than 42 Billion dollars worth of Treasury and Federal Reserve notes which could not be redeemed.

No wonder that FDR had to close the banks and regain the confidence of the American people. Some Americans and some foreign governments sensed that something was drastically wrong and that there was no way the US government could fulfill its promises. “US Treasury Gold Certificates were no longer legal tender,” and although gold clause Federal Reserve notes remained in circulation, they could no longer be exchanged for gold. Had the Supreme Court upheld the gold clause in public and private contracts in 1935, FDR had prepared a script and planned to go before Congress to ask for the annulment of the decision. “To carry through the decision of the Court to its logical and inescapable end will so endanger the people of this Nation that I am compelled to look beyond the letter of the law … .”

In his book, THE PROMISES MEN LIVE BY (1938), Harry Scherman observes that over the long sweep of history there has been “a well-nigh universal welching on the part of governments in the deferred exchanges they had entered into with their own citizens and foreigners – both by direct repudiation and by monetary subterfuge.” (p. 249) When the ancient Psalmist wrote, “Put not your trust in princes,” he really gave us an expression implying that governments invariably break their promises. [Psalms 146:3]

References

“A Monetary Chronology of the United States,” ECONOMIC EDUCATION BULLETIN: Great Barrington: American Institute for Economic Research, July 1994.

“Executive Order 6102,” en.wikipedia.org/wiki/Ex­ecutive_Order_6102.

“Executive Order 6260,” en.wikisource.org/Ex­ecutive_Order_6260.

FDR Proposed Statement – Feb. 18, 1935 ‘Gold Clause.’ (copy provided by the Franklin D. Roosevelt Library, Hyde Park, New York).

Henry Mark Holzer, “How Americans Lost Their Right to Own Gold – and Became Criminals in the Process,” 39 BROOKLYN LAW REVIEW (Winter 1973), pp. 517-559.

The Insane Manias: Medical Pandemonium, Political Idiocy and Economic Lunacy


By Carl Watner

(Written March 15, 2020)

Many people the world over, including politicians, scientists, and economists, have panicked because they are unsure of the future and because their day-to-day lives have changed. Government health regulators have imposed quarantines; financial values in the stock market have disappeared; oil prices have dropped; and government economists have proposed and often implemented monetary policies which will create trillions of monetary credits out of thin air. What as voluntaryists are we to make of this medical pandemonium, political idiocy, and economic lunacy?

On the medical front, we can only grieve for any loss of life caused by the coronavirus. It is hard for the lay person to determine how much danger there is from the panic created by the social media and the news, or from the pandemic itself. Regardless though, we live in a world of statism where people are forced or threatened with force to obey the government experts and authorities. They are threatened with punishment for choosing their own experts. The government’s program encompasses all people, and those who resist are made to suffer instead of getting the respect they deserve for acting according to their own best judgment.

Governments have territorial jurisdiction over the land masses which they have conquered by war; whereas individuals or associations of freely cooperating groups of individuals should be recognized as property owners of that which has been rightfully homesteaded in the past. In such a world, road owners, insurance and surety companies, homeowners associations, charitable organizations, and defense agencies would set the rules for “who could go where” in the event of a medical epidemic. People would not be forced to act against their consciences, but they might well be ostracized and isolated on their own properties because others do not want to interact with them until the emergency passes.

If the dictates of health officials are useful they are useful because they work, not because they emanate from some government officer. If the government directs us to do something that our reason and conscience opposes, then we should defy the government. If it tells us to do what our reason directs us to do anyway why do we even need a government? Coercion does not convince. It is an admission that one’s argument is weak, There is no reason to rely on violence if one’s argument is logical and persuasive.

In the political and economic fields, government officials act like they own their nations. In every country all over the world they exercise direct control over the efforts of billions of people. If there is a problem, they will try to fix it; often making it worse rather than better. Instead of letting responsibility fall on the individual, which it would naturally do, and letting the market test various possible solutions, they impose the government’s way on everybody. They do not allow competition to flower. They live in a statist world. Every one of them collects their salary from coerced collections of money from taxpayers. Most are psychopathic by nature, and attracted to the good feelings they get from ordering other people around.

Government economists are the worst because they exercise direct control over the life-blood of the economy. Nearly everyone the whole world over trades using government monies which are totally disconnected from reality. A few strokes on a computer creates trillions of these units. Over the centuries legal tender laws have forced people into using government money. Negative or very low interest rates, set by government bureaucrats, are serious evidence of economic lunacy. Even government economists would prefer an apple today over an apple in a year from now (other things being equal). It is a basic fact of life, which government employees and others lose sight of, that production must proceed consumption. If you consume your seed corn today, you will have no corn at the next harvest. And even though purchases are made with money, it is still ultimately real goods and services which pay for the things we trade for. Money, even government money, is worth only what it can be exchanged for, and if it will not buy anything, it is not worth anything.

If the government can send each American adult a check for $1000 why not $10,000 or make every American an instant millionaire? It is barely any harder to issue a check for $1,000,000 than for $1,000 (just print a few extra zeros), but we would soon learn that a million dollars will trade for very little. Nothing has been added to production – the existing supply of goods and services has not been increased by printing more money or issuing more credit. More units of money chasing the same amount of goods simply means that each unit of money will eventually buy less and less.

The stock market is a similar case of disconnect. Low interest rates have made it look financially wise to make certain investments or borrow money to buy stocks. However, when an outside catalyst such as the coronavirus hits, and herd mentality takes over, some buyers and sellers get scared. They agree on a lower price to trade their shares of stock, and if no other buyers step in, the new lower price means a change in value to all similar shares owned by other people. Those owners do nothing, yet the value of their shares is diminished. They might have thought they had a million dollars, but all they had were stock certificates (or IOU’s in the case of mortgages), which are only worth what other people will give for them. When the stock market drops precipitously, like it has recently done, those financial values, which they thought they had, disappear. It only takes a very small pin to prick a bubble, regardless of how big or long-lasting the bubble has been.

The solution: voluntaryism. Let people decide what is best for themselves and their property. Rely on spontaneous interactions and competition to solve problems. Will the perfect answers be discovered? Probably not, but they could hardly be less credible than government solutions. They would, however, be moral in the sense that they were not coerced and that not one person would be forced to contribute his labor or property to others. As in most things in this world, the practical solution follows the moral policy. For how else could one say that one solution was better than another if one of them relies on violence? Or following Gandhi we might say that if people are free to choose the means, the ends will take care of themselves.

Seeking and Sifting for Truth: Navigating Through a World of Misinformation


By Shepard The Voluntaryist
(March 25, 2020)

Earlier this month I visited a voluntaryist pal in Nevada. He is an older fellow and has had an interesting life, including mining the claim he inherited from his grandfather near Cherry Creek. We chatted about dowsing, alternative medicine, sifting rocks through a mesh to only let the correct ore pass through, conspiracy theories and many other topics. Flynn and I both yearn for the truth and do not wish to be hoodwinked by false versions. Throughout our lives, we have observed some people providing dishonest information in a very convincing way.  

I decided that it was time to contemplate more deeply how I arrive at my conclusions, principles, values and worldviews. Join me as I examine how we think (reason), how we argue (logic) and how we examine data (scientific method).

Reason and logic

Reason and logic are important to me. I attempt to live a stoic life, and I have discovered that combining reason, logic, and the scientific method provides a pretty accurate way to observe the world and draw conclusions. I also appreciate the subconscious, and I know that my front brain’s analytical nature can also benefit from the much more powerful back brain.

Having mentioned the tools that I use in discovering the world, let’s enjoy a crash course on reason, logic, and the scientific method. Many people that teach the use of these tools are not “people-people,” and their personality types lean more toward the engineer, scientist, analytic type of person. I am better at drinking beer at barbecues than understanding how to write a proper bibliography. My hope is that my lay-person approach and communication style will appeal to you regardless what type of person you are.

Familiarity with errors in reasoning is very important. Reason and logic have more to do with the structure than the content. Something can be logical and reasonable, and at the same time “false.” Say, for example, a fictional character named Bill declares that, “I like joy and I think joy is good.” If Bill gets joy from kicking puppies, then logic and reason would allow him to say that according to his worldview, kicking puppies is a valid behavior. According to the structure of reason and logic, Bill’s argument is sound, even though abhorrent to most people.

If we want to argue with Bill, we must first decide which of his premises we share. We must not attack, either in our thinking or in our critique, the solid parts of Bill’s argument. As it turns out, we agree with Bill that we also like joy and that joy is good. But we do not share his premise that kicking puppies brings us joy. We simply have different values and worldviews than Bill about what brings us joy. These can be very strong beliefs based on our values, or can be casual preferences.

In this example, Bill has different values in terms of kindness to animals than we do. I do not like Bill’s actions, and while his arguments might pass the tests of logic and reason, they can still be “bad” and “wrong” from my perspective. We can either persuade Bill to change his values, or, if he refuses, we may decide to take some other action. 

Easy stuff, right? Kind of. Most government schools do not teach the topics of logic or reason. A good starting place to understand errors in reasoning and conclusions is a review of logical fallacies, which are easily found online. It is important to be familiar with them, even if we don’t recall their names. Let’s continue with Bill’s ridiculous example and imagine that we tell Bill that we value being kind to animals and not kicking them. Bill might retort, “So basically you think animals should be able to get away with anything, even biting a harmless child without provocation.” What Bill just did was create a Straw Man argument. He built an argument that is ridiculous and easy to defeat, and pretended that it was part of our argument.

Knowing that the above fallacy is called a “Straw Man” is not important. However, knowing that his argument is faulty and is potentially fallacious is important. I suggest that you learn about a new logical fallacy every morning for a month. In this way, within 30 days, you will be better versed than 99% of most people. There are many other fallacies that you should understand, including the Bandwagon Fallacy (also known as democracy), Circular Reasoning, and Causation versus Correlation.

I have mentioned reasoning, logic, and the scientific method as valuable, but what are some of the means of acquiring knowledge that I dislike? First would be the absence of any system. Secondly, ideas commonly called “they make me feel good” are of little use to me. “In my 58 years of life and 35 years of marriage, no car or woman has ever felt more right than that Corvette and that 23-year-old waitress I met yesterday.” Feelings are important in interpersonal relationships and examining one’s own self. However, they are a poor way to make important decisions or to arrive at important conclusions.

Scientific method

The modern scientific community has a number of systems and tools to evaluate the things they examine. One of these tools is the “scientific method.” The scientific method has a number of steps that must be followed to examine a question, including forming a hypothesis, systematic observation, measurement, experiment, and the formulation, testing, and modification of hypotheses. In many modern legal systems, there are “rules of evidence” that also serve as an objective system of observation. As a businessman, I appreciate systems, and I also allow for some flexibility so long as the structural stability remains intact.

Frequently, we do not have time, interest or energy to do all of the research on a topic for ourselves. We decide instead to turn to trusted experts. Do we really want to individually test which rubber compound makes the best windshield wiper? Do we really want to research all things that we have slight curiosities about? Of course not.

This creates a challenge in that many experts shape their truths to suit those who pay them. A couple excellent examples are drapetomania and climate change. When overt slavery existed in the US, the federal government had fugitive slave laws which legalized the forced return of escaped slaves to their masters. A doctor who practiced in the deep South in the mid-1800s invented a medical condition labeled “drapetomania,” which he conjectured was the “condition” that made slaves want to run away.

In the first part of the 21st century, world governments are pushing the concept of catastrophic climate change. A researcher with a hypothesis suggesting humanity does not need to worry about climate change, would not receive funding for her research projects. The scientific community knows that the only acceptable results of their “studies” must include the existence of man-caused climate change and that action must be taken now!

In these two examples, we see that we cannot fully trust everything that credentialed scientists and media-approved “experts” say. Who then do we trust? Do we trust conspiracy entertainers, governments, people with government board-approved doctorates, quacks, salesmen or preachers?

Conspiracy theories

Hillary Clinton is really an alien, and most of the mass violence incidents are fake.” I find these to be ridiculous statements. I do not believe that a large percentage of political rulers are pedophiles. I do, however, believe that people conspire for both good and bad purposes. Conspiracy, as it pertains to our discussion, can be defined loosely as, “some folks chatting and planning about doing something.”

Most conspiracy theories violate the rules of logic, reason, and the scientific method. However, is there ever a reason to believe something that is not 100% provable? Yes. I believe so.

Imagine that you and I, and three of our trusted friends had speculated in the “right” crypto-currency, and now find ourselves to be among the five wealthiest people in the world. We would spend and invest our money and still we would each have many billions of “extra” money. Is it possible that we would meet up and chat for a few days about how we might pool our money to create a better world for others? Is it possible that we would not want to be bothered by beggars and main-stream media, and that we might want to meet in private and all agree to sign a non-disclosure agreement? Might we agree not to record or document anything we discuss unless necessary to carry it out? Whether we and others have good or bad intentions, people do sit down and chat.

Not everything that is true is provable to everyone. Not everything that happens leaves evidence. Books like THE CREATURE FROM JEKYLL ISLAND by G. Edward Griffin and THE UNDERGROUND HISTORY OF THE AMERICAN EDUCATION SYSTEM by John Taylor Gatto are two examples of books that do not pass the scientific evidence test, but that are well worth reading. On the other hand, governments and others put out a massive amount of information that is designed to make a listener believe their falsehoods. Much disinformation is spread using modern persuasion and propaganda strategies. This is sometimes done maliciously, sometimes as a prank, and sometimes accidentally. 

Snake oil salesmen sell medical cures, preachers sell salvation, bankers and governments sell fear and war, and many use similar techniques. I suggest you study propaganda, persuasion, sales, and the structure of multi-level marketing. The more you learn, the more easily you will be able to spot someone using strategies that just might not be trustworthy.

In my study of propaganda and my observation of mass communication tactics, I have been impressed with the proclamations of governments and mainstream media that their truths are not to be questioned. Of all of the professions, one of the least trusted is that of politician, and a close second is “government employee.” It is a brilliant persuasion strategy to claim to be the only reliable source of “true” information. 

From governments that accept drapetomania, to those that encourage the fear of climate change, to the ones that require politician worship, how are we to sift through all of the junk to find the nuggets of truth? My friend Flynn has spent countless hours crushing ore to sort out the tiny amount of gold that exists within. It was not easy for him and it is not easy for us.

How do voluntaryists think in the free market of information? (Shepard The Voluntaryist)

I have observed that most people that arrive at the philosophic destination called “voluntaryism” get there through sound thinking. Voluntaryism, which I define as a worldview that includes belief in, and a preference for, non-violent or non-coercive social situations, does not require others to think well. However, it seems that most voluntaryists do so.

I have also observed some people that identify as voluntaryists that do not think well, or have areas in which they depart from their good thinking processes. In most cases, as I speak with someone that believes in lizard people, that the earth is flat or other unproven things, I learn that they are not in fact defining voluntaryism as I am. I find that they think voluntaryism is simply, “I think differently than most folks, you think differently than most folks in other areas, so if you are a voluntaryist, I think I am as well.” This faulty reasoning exposes that the person is not in fact a voluntaryist, at least by my, or common definition.

The free market allows for lousy thinking methods. The popularity of mega-lotteries, which some joke are “a tax on those that don’t understand statistics” is an example of faulty thinking being a “winner” in the marketplace. There is room in the entertainment marketplace for wacko conspiracy theorists who charismatically “expose the truth” about their favorite topics. The free market is a concept, a process, and an open system. There is no management staff at the head of the free market offices promising a perfect outcome. What the free market and voluntaryism do reject is the idea that violence or its threat can win an argument. It has been said that “you can’t shoot a truth,” and “if he who employs coercion against me could mold me to his purposes by argument, no doubt he would. He pretends to punish me because his argument is strong; but he really punishes me because [his argument] is weak.”

This brings us full circle to recognize that we are each responsible for our own beliefs and how we arrive at them. When the screaming YouTube host says that the Corona Virus is making unicorns come to life, and that the government is hiding the truth, it is up to the receiver of this “information” to decide how to evaluate it. Do you need a mid-sized city zoologist to say it is true? Do you need to see a photo of a unicorn, handle unicorn poop, or is there some other proof that you require? Again, there will not be hard evidence for every single thing that has ever happened, and you get to choose the facts that appear correct to you. If you decide that the man with the hoarse and urgent voice on YouTube is correct, no one will prevent you from building a unicorn defense fence around your home. There is no president of the free market that will warn you not to spend your money that way. While these silly examples seem harsh, and it is clear that the smart people will do better than the dumb people. This is how the real world works. You pay your money and you make your choice!

You may buy unicorn fencing, you may buy the quack’s sagebrush vinegar potion for which he gives you anecdotal evidence, and you may buy lottery tickets. Tools exist to help us think better. Reason, logic, the scientific method, and an understanding of statistics, history, and economics can hone your thinking abilities. It is likely, for psychological reasons, that you will “feel better” taking the potion (or a sugar pill), and that the person with a unicorn fence will indeed live many years free of unicorn attacks. So long as we each accept responsibility for our choices, and so long as we do not coerce others to take actions based on our own personal preferences, we may enjoy an exciting voluntaryist life and live with happiness, relishing the many nuggets of golden knowledge we find.

My undergraduate degree is in social science, and my 20 years of casual study since has helped me to better “mine” for truth. I am sorry to disappoint you, but I do not have a fail-safe solution for sorting out the “gold nuggets” from the “fool’s gold.” The best any of us can do is use our common sense to apply logic, reason, and the scientific method, and then introduce an occasional dose of gut-check and intuition into our search for the truth.

When I read an article, I hope that the author can tie a neat ribbon around all the questions and answers that have been discussed. My ribbon is humility, and I will now tie it into a nice bow around this article.  We have eyes, ears, noses, tongues, and skin, all of which send information to our brains.  Then we make meaning out of it, and nearly always, the meaning we make out of it is not 100% accurate.  Our past can interfere.  Our preferences can interfere.  A lot of other things can interfere, so how can we know what is true?  It’s okay with me that I can’t know.  I have working assumptions and whenever I need to, I update them. If I update one, it means I’m accepting that my previous views, which I’ve held for almost 50 years now, were wrong.  I was wrong.  And that’s okay, because I can update my working assumptions.


https://voluntaryist.com/how-i-became-a-voluntaryist/seeking-and-sifting-for-truth-navigating-through-a-world-of-misinformation/

 

Shepard The Voluntaryist is a husband, father, grandfather, entrepreneur, book publisher and talk radio show host.

A voluntaryist since 2008, he is a trustee of THE VOLUNTARYIST and is active in the voluntaryist education movement.

Shepard The Voluntaryist serves on the board of the libertarian charity 501c3 – Voluntary Virtue.

 

The Money Really Was Gone!


By Carl Watner

As I write this, mid-March 2020, the stock market has lost almost 30% in dollar value from its nominal high of nearly 30,000 as measured by the Dow Jones Industrial Average Index, and oil has fallen from about $60 a barrel to around $30. It brings to mind Bob Prechter and his 2002 book, CONQUER THE CRASH, in which he described “how to survive and prosper in deflationary depression.” In looking over Issue 145 in which I discuss his ideas on social mood, I found a quote I had taken from a book on the effects of the Great Depression of 1929.

When the bottom dropped out of the stock market, the wealthy were hit first. But it wasn’t long before the Depression came sweeping through our little town. “The banks went broke and closed their doors. It was hard to believe that the money we’d saved there was really gone.”
– Cecil Culp in WE HAD EVERY­THING BUT MONEY (Deb Mulvey, editor, Greendale: Reiman Publications, 1992, p. 14).

Listening to a radio interview a few months ago which focused on the effect of the Great Depression in South Carolina, the general consensus was that economic conditions in South Carolina were so bad in the decade before 1929, that the onset of the Great Depression was hardly noticed. In discussing the bank failures that occurred during that time, mention was made of a bank robbery that took place in Walterboro, SC some time during the years 1932-1933. Two men broke into a failed bank, held the cashier up with shotguns, and “took the exact amount of money, [they the robbers] had on deposit.” They went out and buried the cash, and then turned themselves over to the sheriff. A local jury refused to indict them, “and they became folk heroes.”

When I mentioned this story to a friend who was born and has lived in the upstate of South Carolina all his 74 years, he mentioned two further episodes regarding bank closures of that era. The first involved his mother who worked in a cotton mill and had accumulated $5.00, which would have been worth about one-fourth of an ounce of gold. She deposited that money in a bank in Clifton, SC, near the mill where she worked. When the bank failed, she lost her savings, and after that she swore she would never again trust a bank in her life. “Mattress savings” became her new “bank.”

The second episode is more apocryphal, but nonetheless to the point. An individual, who may have been a local merchant, deposited cash money in an Inman, SC bank late on a Friday afternoon. Monday morning the bank announced it had failed and would not re-open. The depositor – on discovering these circumstances – roused the bank manager and threatened to shoot him if he did not open the bank and return the cash he had deposited the previous Friday. The money couldn’t have disappeared that fast.

Bob Prechter in his previously mentioned book discusses how “Financial Values Disappear” in a declining stock market. For example, an investor who had a million dollar account in stocks and bonds could easily find their value quickly diminished. Once a buyer and seller agree on a lower price for a share of stock, unless there are other investors who will pay more, the value of everyone’s shares decrease. The same analysis applies to loans between debtor and creditor. After a lender and borrower consummate a $1000 loan, the one has an IOU he values at a $1000 and the other has $1000 in ready money. Between the two of them, they believe they have two thousand dollars, but before the loan there was only one thousand dollars of value. If the borrower defaults, that “extra value disappears.”

The “million dollars” that a wealthy investor thought he had can rapidly become [$500,000 or less]. The rest of it just disappears. You see, he never really had a million dollars; all he had was IOU’s or stock certificates. The idea that it had a certain financial value was in his head and the heads of others who agreed. When the point of agreement changed, so did the value. Poof! Gone in a flash of aggregated neurons. This is exactly what happens to most investment assets in a period of deflation. [pp. 93-95]

The earlier stories related here about bank closures also illustrates the point that depositors “trusted” their banks. Obviously, when their banks failed the financial value of their accounts disappeared. However, in their minds they were not loaning their money to the banks. They believed they were depositing their money with the banks for safekeeping, much as when you check your bag with the airline or your car with a parking valet. The two men with shotguns and the individual who brandished his pistol at the bank manager believed they were simply retrieving what they previously had left with their banks to protect from thieves. In legal terminology they did not see themselves as creditors of the bank, but rather partaking in what lawyers would call a bailment. “A bailment may be defined as the transfer of personal property to another … with the understanding that the property is to be returned when a certain purpose has been completed.” It is often represented by a warehouse receipt which describes the property on deposit and the circumstances under which it will be returned to its owner.

Banks still fail, although the federal government insures most deposits against financial loss. People living during the Great Depression still probably had some experiences handling real money, as in gold or silver coins. Today, however, we have morphed into more esoteric forms of electronic money of which there is no tangible evidence except computer entries. For further reading, these issues may be explored in Murray Rothbard’s monograph on money listed below.

References

Walter Edgar, SOUTH CAROLINA, A HISTORY (1998), p. 499.
Ben Robertson, RED HILLS AND COTTON (1942, and reprint 1990), p. 282.
Murray Rothbard, THE CASE FOR A 100 PER- CENT GOLD DOLLAR (Reprinted 1974), p. 24.

Lysander Spooner: Ireland and Proprietary Justice


By Carl Watner

[Editor’s Note: This article first appeared in RAMPART INDIVIDUALIST, Vol. 1, No. 3 (Winter 1983).]

One of the ideas central to anarchism is the concept of proprietary justice. The proprietary theory of justice is concerned with just one thing: the crucial determination of just versus unjust property titles; that is, of property titles of individuals in their own bodies and in the material objects around them. The determination of property titles is highly critical because, in the deepest sense, all property is ultimately private. It must ultimately be controlled or belong to some individual person or group of persons. Since individual survival is impossible without appropriation, the significant question in all social analysis is whether the actual owners, the actual users of property, are legitimate or criminal. The basic purpose of this paper is to present the ideas of proprietary justice as formulated by the 19th century individualist-anarchist, Lysander Spooner. Spooner’s views on proprietary justice will be illustrated by the position he took on the Irish landlord question in his 1880 pamphlet, REVOLUTION, and by examining his critique of government by consent.

“Lysander Spooner has many great distinctions in the history of political thought. For one thing, he was undoubtedly the only constitutional lawyer in history to evolve into an individualist-anarchist, for another, he became steadily and inexorably more radical as he grew older. Of all the host of Lockeian natural rights theorists, Lysander Spooner was the only one to push the theory to its logical – and infinitely radical – conclusion: individualist-anarchism.” [1] There is no need here to go into a detailed examination of Spooner’s position on slavery and human self-ownership. He was a radical abolitionist even among the Garrisonians of his day. “That human beings are born with the inalienable quality of freedom underlies all of Spooner’s arguments. For him ‘it was a self-evident truth that … all men are naturally and rightfully free.’ ‘A man cannot be a subject of human ownership.’ ‘A man cannot alienate his right to liberty and to himself, – still less can it be taken from him.’ Just by being born, a man is free.” (Shively, 1971, I, pp. 34-35) As regards the application of the proprietary theory of justice to property titles of individuals to their own bodies, Spooner was a firm defender of the self-ownership axiom: the absolute right of each and every person to own his own body, mind, and labors thereof, and to be free of coercive interference with that mind, body, and labors.

As to the material objects that surround a person, and as to the land space which a person occupies, Spooner defended unlimited private land ownership. His proprietary theory of justice, in this case, was built upon the homesteading axiom:

The right of property, in material wealth, is acquired, in its first instance, in one of these two ways: first, by simply taking possession of natural wealth, or the productions of nature; and, secondly, by the artificial production of other wealth.

  1. The natural wealth of the world belongs to those who first take possession of it. … There is no limit, fixed by the law of nature, to the amount of property one may acquire by simply taking possession of natural wealth, not already possessed, except the limit fixed by his power or ability to take such possession, without doing violence to the person or property of others. So much natural wealth, remaining unpossessed, as any one can take possession of first, becomes absolutely his property.
  2. The other mode, in which the right of property is acquired, is by the creation, or production, of wealth, by labor. The wealth created by labor, is the rightful property of the creator, or producer. This proposition is so self-evident as hardly to admit of being made more clear; for if the creator, or producer, of wealth, be not its rightful proprietor, surely no one else can be; and such wealth must perish unused. (Spooner, 1855, pp. 21-25) [2]

The implication of Spooner’s thinking is that once a piece of land justly passes into Mr. A’s ownership, he cannot be truly said to own that land unless he can convey or sell that title to Mr. B. To prevent Mr. B from exercising his title simply because he doesn’t choose to use the land himself, but rather rents it out voluntarily to Mr. C, is an invasion of B’s freedom of contract and of his right to “use” his justly acquired property in a way that suits him.

Spooner had expressed these ideas in his pamphlet on the Irish land question. It was quite appropriate that Spooner chose Ireland as the topic of his essay because for many centuries Celtic Ireland had no State or anything like it. Ancient Ireland persisted in the libertarian path for roughly a thousand years until its brutal conquest by England in the 17th century. Private ownership of property played an essential role in the legal and social institutions of ancient Irish society. Irish law developed under the “brehons,” who were professional jurists that had no State affiliation or sanction. The English invasions, which began in the 12th century, commenced the gradual imposition of English feudal concepts and of English common law upon a culture that found these ideas totally incompatible with their life-style. Eventually the property rights of the Irish people were destroyed by the English conquerors. In the eyes of the English, the Irish and the nature of Irish customs, made them rebels to all good government. Ireland, even as late as the 17th and 18th centuries, remained a tribal society in which there was no clear cut landlord-tenant relationship. When James I confiscated large tracts of Ireland he considered that he was exercising the right of the conqueror by relieving the defeated Irish chieftains of their property. To the peasant, however, who lived on the confiscated land, it was his property (that is, his chieftain had no right to surrender it) and had been since time immemorial. [3]

As the Irish land system evolved into the 19th century, the Irish tenant farmers had no rights. The peasant tenant rented his plot of land, often built a stone cottage with his own labor, and tried to scratch a living from the soil. When he fell behind in his rents he was summarily evicted and given no compensation for the improvements he had made because there was no defined contract. Ireland was also cursed with the absentee landlord, which had started with the original grants of land to royal favorites, many of whom had no intention of living in Ireland. The great famine of the late 1840’s, caused by the potato blight, aggravated the condition of the Irish peasants. Like circumstances (crop failure) repeated themselves in the late 1870’s and it was under conditions of eviction and near-starvation that Spooner addressed himself to the Irish land question.

Spooner’s pamphlet was titled: REVOLUTION: THE ONLY REMEDY FOR THE OPPRESSED CLASSES OF IRELAND, ENGLAND, AND OTHER PARTS OF THE BRITISH EMPIRE. A REPLY TO “DUNRAVEN.” His attack was directed against the Earl of Dunraven, who had toured the United States in late 1879 and who characterized himself as the typical English aristocrat. The major thrust of Spooner’s pamphlet may be set out in a few paragraphs:

The whole force of your (Dunraven’s) letter, as a defense of Irish landlords, rests upon the assumption that they are the real and true owners of the lands they now hold. But this assumption is a false one. These lands, largely or mostly, were originally taken by the sword, and have ever since been held by the sword. Neither the original robbers, nor any subsequent holders, have ever had any other than a robber’s title to them. And robbery gives no better title to lands than it does to any other property.

No lapse of time can cure this defect in the original title. Every successive holder not only endorses all the robberies of all his predecessors, but he commits a new one himself by withholding the lands, either from the original and true owners, or from those who, but for those robberies, would have been their legitimate heirs and assigns.

And what is true of the lands in Ireland is equally true of the lands in England. The lands in England, largely or mostly, were originally taken by the sword, and have ever since been held by the sword; and the present holders have no better titles to them than simple, naked robbery has given them … .

The fact that the direct descendants of the original holders of those lands cannot now be individually traced, and reinstated in the property of their ancestors, cannot screen the pre­sent holders from their just liability; since the original robbery of the lands, and the entailing them in the families of the original robbers, have not only deprived the direct descendants of the original holders of their rights, but have also deprived all other persons of their natural rights to buy these lands. These other persons, there­fore, as well as the direct descendants of the ori­ginal holders, have a wrong to be redressed … .

The real government of England, the actual ruling power, for more than a thousand years, has been a mere band of robbers; a mere confederacy of villains. And it is nothing else today. They have not only plundered and enslaved the great body of the people of England and Ireland, but, as far as possible, the peoples of all other parts of the globe. …

The plundered people of England and Ireland need neither emigration, legislation, mitigation, nor modification. They need, and if they do their duty to themselves and to you (Dunraven), they will have, REVOLUTION, RETRIBUTION, RESTITUTION, AND AS FAR AS POSSIBLE, COMPENSATION. (pp. 4-9)

“REVOLUTION had the widest circulation of any writing by Spooner because Irish nationalists used it extensively to further their cause. While the issues of economic and political exploitation aroused Spooner, we can be sure he had no sympathy with Irish nationalism itself – that is, with the forming of a powerful nation-state ruled by Irishmen but otherwise modeled on England.” (Shively, 1971, I, p. 6) Even within the individualist-anarchist movement of his own time, which was interested in and highly sup­portive of ‘the no-rent movement’ and the Irish Land League, Spooner’s pamphlet aroused controversy.

In 1891, four years after Spooner’s death, Benjamin Tucker (publisher of the famous anarchist journal, LIBERTY, and close associate of Spooner) took Spooner to task. Spooner’s concepts of proprietary justice were “positively foolish” because they were “fundamentally foolish,”

– because, that is to say, its discussion of the acquisition of the right of property starts with a basic proposition that must be looked upon by all consistent Anarchists as obvious nonsense. I quote this basic proposition. “The natural wealth of the world belongs to those who first take possession of it … . So much natural wealth, remaining unpossessed, as any one can take possession of first, becomes absolutely his property.” In interpretation of this, Mr. Spooner defines taking possession of a thing, as the bestowing of valuable labor upon it, such, for instance, in the case of land, as cutting down the trees or building a fence around it. What follows from this? Evidently that a man may go to a piece of vacant land and fence it off; that he may then go to a second piece and fence that off; then to a third, and fence that off; then to a fourth, a fifth, a hundredth, a thousandth, fencing them all off; that, unable to fence off himself as many as he wishes, he may hire other men to do the fencing for him; and that then he may stand back and bar all other men from using these lands, or admit them as tenants at such rental as he may choose to exact. (LIBERTY, No. 180, p. 4. March 21, 1891)

In these circumstances, Tucker questioned: “What becomes of the Anarchistic doctrine of occupancy and use as the basis and limit of land ownership?”

To further illustrate his differences with Spooner, Tucker related a conversation that he had with Spooner concerning the rightfulness of the Irish resistance to absentee landlords and the no-rent movement:

Mr. Spooner bases his opposition to Irish and English landlords on the sole ground that they or their ancestors took their lands by the sword from the original holders. This is plainly stated – so plainly that I took issue with Mr. Spooner on this point when he asked me to read the manuscript (REVOLUTION) before its publication. I then asked him whether if Dunraven or his ancestors had found unoccupied the very lands that he now holds, and had fenced them off, he would have any objection to raise against Dunraven’s title to and leasing of these lands. He declared emphatically that he would not. Whereupon I protested that his pamphlet, powerful as it was within its scope, did not go to the bottom of the land question. (LIBERTY, No. 162, p. 6, April 18, 1891)

As we have already seen, Spooner could not support a national government for the Irish, even if it were one free of English interference. This was so because of his proprietary theory of justice. One continuing political theme in Ireland, since the beginning of English domination, was the desire for Ireland to have its own parliament. Many Irish patriots viewed the American rebellion and Revolutionary War against England, as one phase of the consti­tutional struggle to rid the British empire of the domination of an English parliament. What many of the American revolutionaries and Irish nationalists did not realize was that requiring governments to rest on consent was to lay the groundwork for anarchy and to begin down the slippery slope to anarchism. Political theorists attempted to avoid the anarchistic impli­ca­tions of the natural rights-social contract position by resorting to the doctrine of tacit consent. [4] “It was the great achievement of the nineteenth century an­archist Lysander Spooner to demolish the tacit consent doctrine, particularly as it applies to the U.S. Con­stitution. Spooner’s natural rights theory, com­bined with his refusal to recognize the surrender of rights through tacit consent, brings out the radical anarchism latent in the Lockeian tradition.” (Smith, 1978, p. 224)

Whether or not it is coincidental, it is certainly interesting to observe that one of the earliest applications of the proprietary theory of justice to government “by consent” was enunciated in THE CASE OF IRELAND’S BEING BOUND BY ACTS OF PARLIAMENT IN ENGLAND, STATED by William Molyneux, written in 1698. Molyneux, a friend and correspondent of John Locke, was intent on proving that Ireland was not obligated to obey the acts of Parliament. His argument was based on past English history and Irish precedent, as well as the doctrine of natural rights: “I shall venture to assert, that the Right of being subject ONLY to such Laws, to which Men give their own Consent, is so inherent in all Mankind, and founded on such immutable Laws of Nature and Reason, that ’tis not to be aliened, or given up by any Body of Men whatever … . I have no other Notion of Slavery; but being bound by a Law, to which I do not consent.” (pp. 113, 169) According to Molyneux,

The obligation of all Laws having the same Foundation, if One Law may be imposed without Consent, any Other Law whatever, may be imposed on us without our Consent. This will naturally introduce Taxing us without our Consent; and this as necessarily destroys our Property. I have no other Notion of Property, but a Power of Disposing my Goods as I please, and not as another shall Command: Whatever another may Rightfully take from me without my Consent, I have certainly no Property in. To Tax me without Consent, is little better, if at all, than downright Robbing me. I am sure the Great patriots of Liberty and Property, the Free People of England, cannot think of such a thing but with Abhorrence. (p. 170)

Spooner, writing a century and a half after Molyneux (and so far as we know, unaware of these earlier utterances) used the same powerful logic to formulate the doctrine of anarchistic opposition to government based on proprietary justice. Said Spooner:

It was a principle of the Common Law, as it is of the law of nature, and of common sense, that no man can be taxed without his personal consent. … Taxation without consent is as plainly robbery, when enforced against one man, as when enforced against millions; … . Taking a man’s money without his consent, is also as much robbery, when it is done by millions of men, acting in concert, and calling themselves a government, as when it is done by a single individual, acting on his own responsibility, and calling himself a highway­man. Neither the numbers engaged in the act, nor the different characters they assume as a cover for the act, alter the nature of the act itself.

If the government can take a man’s money without his consent, there is no limit to the additional tyranny it may practice upon him; for, with his money it can hire soldiers to stand over him, keep him in subjection, plunder him at discretion, and kill him if he resists. … It is therefore a first principle, a very sine qua non of political freedom, that a man can be taxed only by his personal consent. …

Governments have no more right, in nature or reason, to assume a man’s consent to be protected by them, and to be taxed for that protection, when he has given no actual consent, than a fire or marine insurance company have to assume a man’s consent to be protected by them, and to pay the premium, when his actual consent has never been given. To take a man’s property without his consent is robbery; and to assume his consent, where no actual consent is given, makes the taking none the less robbery. If it did, the highwayman has the same right to assume a man’s consent to part with his purse, that any other man, or body of men, can have. And his assumption would afford as much moral justification for his robbery as does a like assumption, on the part of the government, for taking a man’s property without his consent. The government’s pretense of protecting him, as an equivalent for the taxation, affords no justification. (Spooner, 1852, pp. 222-223)

Spooner’s analysis of government and taxation points up that it is impossible to define taxation in a way which makes it different from robbery. Taxation is theft, despite government rhetoric. Simply put, a man cannot be presumed to have parted with his property without first having given his express, personal agreement. Spooner further developed these ideas in a series of three post-Civil War pamphlets, titled, NO TREASON. According to Spooner, governments and nations, if they can be said to rightfully exist at all, can exist only by consent; and this means: “the separate, individual consent of every man who is required to contribute, either by taxation or personal service, to the support of the government. … Either the separate, individual consent of every man, who is required to aid, in any way, in supporting the government, is necessary, or the consent of no one is necessary.” (NO TREASON, No. I, pp. 10-11) In NO TREASON, No. II, Spooner argued that “Either, ‘taxation without consent is robbery,’ or it is not. If it is not, then any number of men, who choose, may at any time associate; call themselves a government; assume absolute authority over all weaker than themselves; plunder them at will; can kill them if they resist. If, on the other hand, ‘taxation without consent is robbery,’ it necessarily follows that every man who has not consented to be taxed, has the same natural right to defend his property against a tax gatherer, that he has to defend it against a highwayman.” (p. 13)

In his final pamphlet of this series, NO TREASON, No. VI, THE CONSTITUTION OF NO AUTHORITY, Spooner broke new ground by thoroughly demolishing the theory of tacit consent. Spooner argued that merely living in a certain geographic place in control of government, or voting in government elections, in no way implied one’s consent to the government of that territory. Elections mean nothing; for Spooner showed that a majority of people never vote, and of those who do, the actual numbers supporting the elected candidates are so small (as a percentage of the population) as to be ludicrous. “Elections are secret; therefore, you cannot call representatives legal agents, since they do not know specifically whom they do represent.” They claim to represent those that voted for them, those that voted against them, and those that never voted at all; clearly a violation of every legal principle of agency and every proviso against conflict of interest. “On the question of the Constitution itself, no vote ever had been taken, and as a legal contract the Constitution has no validity.” (Shively, 1971, 3) According to Spooner:

the Constitution was never signed, nor agreed to, by anybody, as a contract, and therefore never bound anybody, and is now binding upon nobody; and is, moreover, such a one as no people can ever hereafter be expected to consent to, except as they may be forced to do so at the point of the bayonet, … . (p. 59)

The proprietary theory of justice highlights the anarchist opposition to government. All States and governments, wherever and whenever they exist, have two characteristics to which anarchism objects. First, governments presume to establish a monopoly of defense services (police, courts, army, etc.) over a certain geographic area. Land owners who rightfully own the land in that given geographic area have no choice except to patronize the government defense services. Entrepreneurs and businessmen, who wish to provide competing defense services, are prohibited from using their property in such a fashion. Secondly, all governments support themselves by compulsory levies: by taxation. Taxation is the equivalent of robbery because a just property owner is being deprived of his goods or money against his will. If he resists, he is either threatened or imprisoned and his goods seized and confiscated. The fact that the government is offering goods and services in exchange for its tax revenues is of no consequence to the property owner who does not want the proffered service or is indifferent to it. Even if government were voluntarily financed, the forcible control of certain geographic areas would be a violation of the proprietary justice strictures. Justice in land ownership and the ownership of material objects in the world can only be legitimate if they can ultimately be traced back through the self-ownership and homesteading axioms. Governments violate the rights of the self-owner when it conscripts his services, in the form of personal labor, and when it seizes the material wealth he has created or produced. It violates the right of the homesteader or his heirs or successors to the land which they first homesteaded. Governments necessarily deny legitimate owners the rightful use of their labor and materially owned objects.

In his pamphlet on NATURAL LAW; OR THE SCIENCE OF JUSTICE: A TREATISE ON NATURAL LAW, NATURAL JUSTICE, NATURAL RIGHTS, NATURAL LIBERTY, AND NATURAL SOCIETY; SHOWING THAT ALL LEGISLATION WHATSOEVER IS AN ABSURDITY, A USURPATION, AND A CRIME, written in 1882, Spooner summarized the proprietary theory of justice by referring to it as the “science of mine and thine.” It is the science of peace, “it is the science which alone can tell us on what conditions mankind can live in peace with each other.” According to Spooner these conditions are:

first, that each man shall do towards every other, all that justice requires him to do; as, for example, that he shall pay his debts, that he shall return borrowed or stolen property to its owner, and that he shall make reparation for any injury he may have done to the person or property of another.

The second condition is, that each man shall abstain from doing to another, anything which justice forbids him to do: as, for example, that he shall abstain from committing theft, robbery, arson, murder, or any other crime against the person or property of another … .

Through all time, so far as history informs us, wherever mankind have attempted to live in peace with each other, both the natural instincts, and the collective wisdom of the human race have acknowledged and prescribed, as an indispensable condition, obedience to this one only universal obligation; viz., that each should live honestly towards every other.

The ancient maxim makes the sum of a man’s legal duty to his fellow men to be simply this: “To live honestly, to hurt no one, to give to every one his due.”

This entire maxim is really expressed in the single words, to live honestly; since to live honestly is to hurt no one, and give to every one his due. (pp. 5-6)

Based on his concept of natural law and proprietary justice, Spooner also demonstrated in this pamphlet that if there is no such thing as natural justice, then governments have no business to exist at all. Spooner argued for anarchism and the abolition of government in the following ways. First, if we admit the existence of natural law and an objective reality, there is no reason for government to monopolize the administration of justice or defense services. Because the principles of justice are grounded in objective, natural laws, they fall within the province of human knowledge and are knowable by all who choose to study and reason them out. Just as we do not require a government to dictate what is right or wrong in steel-making, so we do not require a government to dictate what is right or wrong in the realm of justice. If it is possible to verify objectively that one legal procedure is valid, whereas another is not, then it does not matter who employs the procedure in question. We should look to reason and fact; not to government. [5]

Secondly, if we deny the existence of natural law and objective reality, then we certainly do not require such an institution as government. What purpose could it then serve? If there is no such thing as objective truth to differ about, then “there is no moral standard, and never can be any moral standard by which any controversy whatever, between two or more human beings, can be settled in a manner to be obligatory upon either;” and the human race must be inevitably at war; “forever striving to plunder, enslave, and murder each other; with no instrumentalities but fraud and force to end the conflict.” If there be no such thing as justice, then there can be no such acts as crimes.

The proprietary theory of justice furnishes the basis for a moral rationalism – a moral theory that insists that institutions, such as government, are subject to moral scrutiny regardless of their long tradition. It also insists that individuals are subject to moral scrutiny regardless of their “official” governmental offices. It provides for the rational dignity of the individual human being, and provides a justification for human existence independent of the need for any social consensus. By permitting the individual to stand alone, outside the social or political bodies of mankind, it provides the only basis on which the individual may rightfully criticize in both word and deed every other individual and existent social institutions.

Thus concludes our survey of Lysander Spooner’s thought as it relates to the proprietary theory of justice. Hopefully this essay has contributed to understanding the logic and significance of his theories within the context of anarchist thought and history.

FOOTNOTES

[1] I am indebted to Murray Rothbard for many of the introductory ideas in this essay. Particularly see his introduction to NATURAL LAW in the September 1974 LIBERTARIAN FORUM.

[2] Spooner adds the following footnote to his explanation: “Some persons object to this principle, for the reason that, as they say, a single individual might, in this way, take possession of a whole continent, if he happened to be the first discoverer; and might hold it against all the rest of the human race. But this objection arises wholly from an erroneous view of what it is, to take possession of anything. To simply stand upon a continent, and declare one’s self the possessor of it, is not to take possession of it. One would, in that way, take possession only of what his body actually covered. To take possession of more than this, he must bestow some valuable labor upon it, such, for example, as cutting down the trees, breaking up the soil, building a hut or a house upon it, or a fence around it. In these cases, he holds the land in order to hold the labor which he has put into it, or upon it. And the land is his, so long as the labor he has expended upon it remains in a condition to be valuable for the uses for which it was expended; because it is not to be supposed that a man has abandoned the fruits of his labor so long as they remain in a state to be practically useful to him.” (p. 22)

[3]  I am especially indebted to Peden, Davies, and Marlow for the general comments I make about Ireland.

[4] Josiah Tucker in 1781 was probably the first to point out the anarchistic implications of the arguments of Molyneux, Locke, and the American rebels. I am indebted to George H. Smith for pointing this out to me.

[5] Roy Childs and George H. Smith originally developed these ideas, largely building on Spooner’s foundation.

BIBLIOGRAPHY

R.A. Childs, Jr., “Objectivism and the State,” Vol. 1, THE RATIONAL INDIVIDUALIST, August 1969.

John Davies, DISCOVERY OF THE TRUE CAUSES WHY IRELAND WAS NEVER ENTIRELY SUBDUED, reprinted from the edition of 1612 by Irish University Press, Shannon, Ireland, 1969.

Joyce Marlow, CAPTAIN BOYCOTT AND THE IRISH, New York: Saturday Review Press, 1973.

William Molyneux, THE CASE OF IRELAND’S BEING BOUND BY ACTS OF PARLIAMENT IN ENGLAND, STATED, Dublin, 1693. A copy of the edition of 1725 is in the collection of The Johns Hopkins University.

Joseph R. Peden, “Property Rights in Medieval Ireland,” prepared for the Symposium on the Origins and Development of Property Rights, January 1973, at the University of San Francisco.

Murray Rothbard,

FOR A NEW LIBERTY, New York: Collier Books, 1978.

THE ETHICS OF LIBERTY, unpublished manuscript.

“Introduction” to Lysander Spooner’s NATURAL LAW, in THE LIBERTARIAN FORUM, September 1974, p.1.

Charles Shively, editor of THE COLLECTED WORKS OF LYSANDER SPOONER, Weston, Mass.: M & S Press, 1971. Shively prepared a biographical introduction to Volume I, as well as short introductions to each of Spooner’s writings. Quotations have been taken from the biographical introduction as well as from introductions to NO TREASON, No. VI, and REVOLUTION.

George H. Smith,

“Justice Entrepreneurship in a Free Market,” III THE JOURNAL OF LIBERTARIAN STUDIES, Winter 1979.

“William Wollaston on Property Rights,” II THE JOURNAL OF LIBERTARIAN STUDIES, Fall 1978.

References have been made to the following individual works written by Lysander Spooner:

AN ESSAY ON TRIAL BY JURY, 1852.

THE LAW OF INTELLECTUAL PROPERTY; OR AN ES­SAY ON THE RIGHT OF AUTHORS AND INVENTORS TO A PERPETUAL PROPERTY ON THEIR IDEAS, Vol. I, 1855.

REVOLUTION: THE ONLY REMEDY FOR THE OPPRESSED CLASSES OF IRELAND, ENGLAND, AND OTHER PARTS OF THE BRITISH EMPIRE, 1880.

NATURAL LAW; OR THE SCIENCE OF JUSTICE: A TREATISE ON NATURAL LAW, NATURAL JUSTICE, NATURAL RIGHTS, NATURAL LIBERTY, AND NATURAL SOCIETY: SHOWING THAT ALL LEGISLATION WHATSOEVER IS AN ABSURDITY, A USURPATION, AND A CRIME, 1882.

NO TREASON, No. I, 1867.

NO TREASON, No. II, 1867.

NO TREASON, No. VI, THE CONSTITUTION OF NO AUTHORITY, 1870.

Benjamin Tucker, LIBERTY, reprint of the originals by the Greenwood Reprint Corporation, Westport, Conn., 1970.

Josiah Tucker, A TREATISE ON CIVIL GOVERNMENT, London: T. Cadell, 1781.

Carl Watner,

“Spooner vs. LIBERTY,” THE LIBERTARIAN FORUM, March 1975.

TOWARDS A PROPRIETARY THEORY OF JUSTICE, Baltimore: by the author, 1976.

“Lysander Spooner—Anarchist Lawyer,” THE DANDELION, Winter 1978.

From Navy-wife to Nurse to House-flipper to Voluntaryism: How I Got There


By Lynn

Born in the suburban foothills of Albuquerque, New Mexico in 1972, I was raised by my mom and grandparents. I took advanced placement courses in private and government schools and ended up at the University of New Mexico, as expected by my family. Tuition was handed to me on a silver platter, but I did not enjoy “book-learning style” education and wanted to experience the world instead of graduate with a piece of paper on the wall. “There has to be more,” I thought, so, instead, I went to nursing school at age 25, paying my own tuition after saving the money to go. Although it was difficult financially, raising two babies, and having a husband in and out of town in the military, it was fundamentally satisfying to have earned my way!

A year after my family moved to Jackson Hole, WY, in 1998, my husband and I divorced, and I got involved in buying foreclosed properties. I bought my first house in Jackson Hole on the steps of the courthouse in a bidding/foreclosure war. A couple in my church trusted my integrity, and loaned the money to me until the redemption period after the foreclosure had passed. I repaid them via a bank loan once the four months was complete. I was a nurse at the time at a hospital, and dated several carpenters and woodworkers who also taught me how to fix up my fixer-upper. In the early 2000’s, Jackson Hole was booming, home prices skyrocketed, and banks were fighting over each other with home equity loan offers for me. I took a few of them up on the offer and began buying properties to fix up and flip. I even took Chase Manhattan Bank up on some full mortgage offers for a few rental properties.

On THE September 11th, 2001, I was fixed up on a date with a cop who eventually became my husband. We married in 2003. By the time of Ron Paul’s second presidential bid in 2007, in his off-hours, my husband was busy putting up Ron Paul signs, working behind the scenes as the local Republican party treasurer, and getting to know the big wigs in Rotary Club, etc. Who was this Ron Paul presidential candidate, anyway? With a long family history of conservative political views, I was still a registered Republican voter at the time and I couldn’t figure Ron Paul out. I didn’t perceive that his high-pitched voice was ‘presidential’ in the least (how could he possibly command the free world while squeaking like a mouse?), and he wouldn’t just answer a question directly (with the same words candidates on the other sides were repeating). He kind of drove me crazy! Why was my husband putting up yard signs, and trying to gain political clout to ‘change the system from within’? Why in the world was my 88 year-old grandmother so enthralled that she would throw away a lifetime of “our” conservative values and vote for the guy? I couldn’t believe how many of my professional business friends had Ron Paul yards signs – they were better than that, right? I’d known them for years – how could they turn on me and our cherished hopes for ‘our’ Country? With the opportunity to again evaluate the information and rabbit holes, I eventually recognized that Ron Paul wouldn’t answer a question the way I thought he should (based on the answers I’d always heard) but would instead try to cause me to think about the answer for myself. I saw people coming together rather than feeling divided. I saw that people have individual and collective purposes in sharing refreshingly new concepts, most of which seemed fundamentally on the side of freedom. I hadn’t ever truly considered that people could actually challenge the ruling authorities. I couldn’t even see the wisdom of doing so. Ron Paul’s voice became one of instigating other people to think for themselves, not one of weakness, as I had mistakenly believed.

It was around this time that I read ATLAS SHRUGGED and started understanding the government’s shenanigans. I started getting more interested in understanding the economic and political world around me and was getting angrier and angrier. My husband was growing frustrated with the people he was working beside in the Republican party, and we both were already frustrated with the Democratic party economic philosophy. I had been calling myself fiscally conservative and socially liberal, but now we started calling ourselves libertarians. I still thought voting was a good thing, even if just to keep the worst guy out.

We started learning more about Austrian economics, and thankfully started to reallocate some money from the stock market to safer accounts, but we were upside down within 6 months after the official June 2008 crash. We had seven properties in Jackson Hole, six of which we were renting out (all of which then garnered less rent per month than the amount of the mortgage payment!). We had two home equity lines of credit open on our personal home (one for a million dollars plus a fourplex, and one for a business franchise I had purchased); our vacant land investments around the country yielded no income; and we dipped in our savings every month for over 2 years to pay the discrepancies in the mortgage balances. With so much new housing supply (since so many other home-owners had already folded and moved from Jackson Hole) and no demand (why buy when you could rent for almost half as expensively as one could 6 months prior AND no bank was lending to middle class anymore by then anyway), we could only sell one of the properties for enough to pay off the mortgage, which we did. We went from 2+ million net worth on paper to having less that $40K liquid in actual cash, and our out-of pocket housing costs were over $16K per month. UGH!! With literally less than 3 months-worth of money to keep a roof over our head, that’s when we investigated bankruptcy.

With bills and fears mounting, we contacted an attorney to get more information. Yes, it turns out that we could have turned in our car, house, assets and more, and that the government would in turn “let us keep $1500 in equipment to run our business.” With a business which makes money only with the utilization of our assets (equipment, gear, reservation and communications software, etc), this would have stripped us of our very way to MAKE money to dig ourselves the rest of the way out of the hole and then to start rebuilding for a future not reliant of the government again! WHAT!? This conversation with an attorney was enlightening, not only to confirm the series of wrong choices I had made along the way but to open my eyes to the role of the bank in bank-ruptcy. Researching the role of the government in the banking system then led me down a road of questioning everything about the government. Who did they actually support, and why? Were there patterns in their preferred partners? How did this affect me, on every level of choice and purchase in my life? Ultimately, did they want me to fail and become dependent on them? I had choices along every step, and I engaged in partnerships with individuals, banks, investment companies, families, lenders, leaders and more – and I ended up almost losing everything we had worked for over 20 years! We had earned the money in the first place, and I had assumed the risk which nearly resulted in our losing almost all of it with my overzealous and optimistic eagerness in a growth mindset. Fortunately, with lots of hard work, we were able to start afresh, keep our family home and start a new business, and have a bit of fun along the way. I learned more in that loss than I ever could have in college, that’s for sure. Finally, the hard way, I came to understand the role of banks and government in exerting financial controls over us.

Now, in my fourth decade of life, I realized that I had been fed propaganda and misinformation for my entire life that I rarely questioned. While rather embarrassing to disclose, I typically readily accepted what had been fed to me by ‘news’, family views and government schools. Information was given to me by authorities, those I had been taught to obey.

Who was I to question those my senior, with more education and knowledge about worldly concerns? It actually HAD to be me, I surmised. I couldn’t reject this new knowledge about myself – once you ‘see’ or understand certain truths, you cannot ‘un-see’ them. I could not ‘un-see’ that there was not only no such thing as ‘fair share’, but that when my labor, belongings or money is stolen from me, I have no say in its ultimate destination for ‘use’. Then I saw more on the news: people were mad that the government was forcing them to fund officials’ personally extravagant lifestyles, and about revamped city signage with stolen tax money to simply be more visually pleasing not any more effective, and yes, they were forced, by people enforcing ‘laws’ against their neighbors to make it happen! I heard more in my neighborhood gatherings: people were questioning what they knew about government – and its reach.

Concerned that I would lose family, friends and clients, unfortunately I sort of hid until more people started speaking out. My inner dialogue intensified, and my questions just kept coming. Would the government really send someone to arrest me if I didn’t pay my taxes? What did the act of “being taxed” actually mean? Why were the percentages higher for some than others? What happens when I vote for a law and it goes into effect? What happens to my neighbor when her money is stolen for a cause she doesn’t support? What happens to her if she doesn’t ‘obey’? Why was I “forced” to pay the salaries of those who will enforce these laws against me if I don’t pay for the thing they want but I don’t?

I learned about the non-aggression principle (the N.A.P.), and I went from being a supporter of constitutional/limited government to free market anarchism. I first heard the word ‘voluntaryist’ at a conference called Anarchapulco in 2016. For the first few years, the conference primarily focused on philosophy as a way to spur thinking for one’s self without herd-mentality, and on economics as a way to provide for one’s self without reliance on the ‘government’ in any way. I felt what was perhaps an odd sense of camaraderie when sharing self-centered, self-reliant thoughts, and these conversations spurred my vision for a future funded entirely by individuals who care deeply for each other, were not reliant on a group of people who would steal from me to give to another, against my will, because someone who voted for them liked that person, or cause, or thing more than ‘letting’ me keep the fruits of my labor if I liked certain people, causes, values and things better. … The conference has since changed, but I am forever changed by these ‘formative’ years in my adult life!

To me, voluntaryism means that every relationship in my life is voluntary – no one forces anyone else to give them money or time, no one protects or helps me unless they freely want to do so. I can support people with my time, talents, and within my value system – and I’d have more money to do these things when a government doesn’t take a third of what I earn! It’s just so simple now; I ask “is this right? Am I hurting anyone? Does everyone involved want to be involved?”

I am thankful that my husband lit the way for others to come out of the dark and continues to work behind the scenes to promote movers and shakers within the voluntaryist movement. Carl Watner is my lighthouse in stormy seas, and gently guides me, with few words needed, when I have questions which include “Well, what if I could change the system from within?” (“Let’s look at this story, or this parable, Lynn; what do YOU think now?” he asks, instead of telling me what to think.)

Larken Rose’s book, THE MOST DANGEROUS SUPERSTITION, more clearly defined WHY I was so hurt, frustrated, angry all those years in turmoil – being degraded, beaten down for my “crazy” thoughts that I could fend for myself, should not have my earnings stolen, and that I should be able to give to causes within MY value system freely, etc. Jeffrey Tucker is not only a great dancer but also a thought-provoking conversationalist, G. Edward Griffin inspires, Paul Rosenberg paints a history including radicals wanting to live their own life, too (go figure!), and David Rodriguez just might be revolutionizing the government indoctrination camps of modern “schooling.” I am thankful for my personal relationships with these influential thinkers, among many others, and am honored to now be able to share seeds for thought with other people newly exploring alternative ways to the status quo. Yes, I believe there is a better way forward, and I see its path outlined by voluntaryism.

Two Important Announcements


Important Announcement Number One

To My Subscribers (to THE VOLUNTARYIST):

As you may have read in my newsletter (No. 184), I have prostate cancer which has metastasized to my left hip. I am not undergoing any treatment (other than diet) and no one knows what the future will bring. Consequently, I would like to fulfill my obligation to all subscribers by sending you the enclosed six issues (Nos. 185-190). If you consider your subscription extends past issue 190, please contact me so I can make arrangements for a partial refund or payment in kind (books, back issues, etc.)

My intention is to continue writing and publishing THE VOLUNTARYIST as long as I am able. Future issues would not be printed as hard copy but rather posted on the voluntaryist website. If you would like to receive a notification, for example – when issue 191 is posted, please be sure you are signed up for the Voluntaryist email group. There will be no charge for future digital issues.

Many of you are familiar with my anthology of the first 100 issues, titled I MUST SPEAK OUT. If I reach issue 200 which I am shooting for (and I am getting close to the finish line) I may try to do a second anthology of issues 101 thru 200.

In the meantime, my most heart felt thanks to all subscribers (some of whom been here from the beginning, starting with issue 1 in late 1982) and to all others who have contributed time and effort to supporting THE VOLUNTARYIST. In this respect, I would especially like to thank – Wendy McElroy, George H. Smith, Dave Scotese, Shepard Humphries, Chuck Hamilton, Charles Guitterez, Dave Dreas, Jim Russell, Hans Sherrer, and others unmentioned (but not forgotten) who have helped shoulder the burden over the years. I also would like to thank donors, contributors, and sponsors who have helped support us financially.

Another project that is nearing completion is the putting together of a group of 100+ voluntaryist-focused books for housing and display at the Ward and Massey Library of the Mises Institute in Auburn, AL. These books are being selected from my personal library and will be known as The Voluntaryist Collection. They will be separately identified from the general library collection and will be available to students and researchers. If you would like to support this project please make your contribution to paypal@voluntaryist.com.

I don’t think this will be the last you hear of me, but just in case I want to say thank you for carrying on the voluntaryist tradition.

Sincerely,

Carl Watner

Important Announcement Number Two

Carl Watner – editor of THE VOLUNTARYIST – is having a “clearance sale” of back issues due to his medical condition. This is one of the longest running libertarian newsletters and there are some full sets available. Imagine that he has saved some issues that are over 35 years old. If you would like to get in on this deal, please contact Carl by January 19th, 2020. His email address is here: https://voluntaryist.com/contact/#.Xhn9fEdKhPY and place ‘back issues’ in the subject line.

The hardcopy set includes issues 1 through 190 and are available for $200 + shipping. If you want these in FREE digital format by selecting issues individually, they are at https://voluntaryist.com/table-contents-archives-10-years/#.Xhn37kdKhPY. Thumb drives with all 190 issues are also available for $ 150 postpaid. All payments must be via paypal, bitcoin, gold, silver, or federal reserve greenbacks. No checks, please. Regular pricing has been $25 for 6 issues, so this is a great deal for the collector or person that likes holding real paper in their hands.

Buy a piece of history! This is your chance! Started by George H. Smith, Wendy McElroy, and Carl, THE VOLUNTARYIST newsletter has been published continuously since October 1982. From its very inception it has advocated delegitimizing the state through reliance on education, non-political, and non-violent strategies. This is your chance to get it “straight from the horse’s mouth.”

So to summarize our offerings:

Hardcopy sets – issues 1 – 190 for $ 200 + shipping
Thumbdrive – issues 1 – 190 for $ 150 postpaid

Rediscovering the Golden Rule


By Devon Brewer

The Golden Rule may be the most basic moral approach to dealing with others. It seems universal across cultures and religions. The Golden Rule is instinctive. We all know it, even as children without education.

I like the negative form of the Golden Rule the best. One of the earliest written versions comes from ancient Egypt: “That which you hate to be done to you, do not do to another.” By definition, politics and government violate this rule. Through government, some people make other people do something (or not do something) against their will, even when no one would be harmed if government didn’t get involved. I believe voluntaryism, at its heart, is the Golden Rule.

I was politically active most of my life. I followed political news closely, argued with others about politics, voted in every possible election I could, and gave small amounts of money to a few political campaigns. My political views shifted over time, eventually crossing most of the political spectrum.

Somehow, whenever we participate in politics, regardless of viewpoint, we forget the Golden Rule. Political advocates, civic leaders, and school curricula make political participation seem righteous and noble. We make excuses for our political involvement, such as “helping others,” “getting what we deserve,” and “standing up for ourselves.” These excuses blind us to the fact that through government, we take from and harm others (and ourselves). Democratic practices – mob rule – violate the Golden Rule just as much as dictatorial ones.

People engage in politics to control other people through government – whether to “change the world” or prevent change. My focus on controlling others through government seeped into my personal life. Sometimes I tried to interfere with the lives of my children and wife, attempting to control them in ways that I wouldn’t have liked had they done the same to me. Of course, I told myself that I was acting in their best interests. It can be especially difficult to respect the Golden Rule as a parent. Nurturing, protecting, teaching, and encouraging a child are essential, but can easily slip into manipulating. Fortunately for me, my family endured my behavior. But I regret very much the times that I broke the Golden Rule with them.

Over several years, I gradually rediscovered the Golden Rule. Remarkably, my reawakening began with my growing disillusionment with politics and learning more about libertarianism. Yet even libertarianism, as practiced by the Libertarian Party in the United States and expressed often in REASON magazine, was ultimately insufficient. The party in particular supposedly holds sacred the non-aggression principle, which is really just a fancy version of the Golden Rule in its negative form. Yet the party seeks to rule in government, contradicting the principle.

So I continued to read about various types of libertarianism and anarchism. I eventually realized that the simplest, most coherent anarchist philosophy was fundamentally an elaboration of the Golden Rule. I think voluntaryism is the best way to describe this belief and way of life. Once I saw how politics goes against the Golden Rule, it was easy to generalize the principle by applying it more consistently in my personal life. In turn, I think I became a better parent and husband.

Embracing the Golden Rule fully was also psychologically liberating for me. By recognizing the proper and effective limits to my actions, I stopped worrying about matters beyond my control or responsibility. Life is too short to be focused on frustrating attempts to control others. Isn’t it enough to manage one’s own life?

[Note: For the ancient Egyptian version of the Golden Rule I quote, see p. 95 in Richard Jasnow’s “A Late Period Hieratic Wisdom Text (P. Brooklyn 47.218.135),” published in 1992 by the Oriental Institute of the University of Chicago (Studies in Ancient Oriental Civilization, number 52). It’s available online at http://www.webcitation.org/78cxXbRCj.]

The Mos Maioram and the Barbarians


from The Freeman’s Perspective

The mos maioram, or “way of the old ones” were the traditional principles and practices of public life in ancient Rome. These customs included:

  • Good faith
  • Respectfulness
  • Self-discipline
  • Virtue
  • Dignity

I won’t go through a history lesson, but Rome, which had no written constitution, began to degrade as the mos maioram, the ancient ways, were abandoned piece by piece. That’s what was involved in the breakdown of the republic, and it increased until the Western empire was a wreck.

I bring this up because what we’re seeing right now is a breakdown in the mos maioram of Western civilization, and certainly on the ruling level. This will have consequences.

I’m not saying those consequences will be terrible for you and me – I think it will be to the contrary – but to those who still believe in the system and its operators the consequences may be painful.

Politics And Barbarism

Politics is barbaric by nature; at the end of every political process stands a binary choice to either obey or be punished. And that punishment involves violence. Pick whatever law you like and consider what happens if you persistently disobey. At the end of the line stand men armed with clubs, chains and bullets.

Political barbarism, however, used to be cloaked in “statesmanship,” which was simply a version of mos maioram. American and English politicians, among others, were expected to dress well, speak well, and to behave with decorum. In my youth, people looked up to such men and respected them, even when they disagreed. My corner of the world featured Paul Simon and Adlai Stevenson on the left and Everett McKinley Dirksen on the right. Everyone disagreed with one or more of them, but they respected them all.

The last vestiges of that were washed away in 2016. They had been torn and tattered long before, of course, but there was some dignity remaining, at least in some quarters.

Since 2016, we’ve had Mr. Trump on the right, with his crude Twitter rants and schoolyard insults.

On the left, we’ve had a variety of astonishingly bizarre and deranged democrats.

On top of that, we’ve had intelligence agencies simply making things up to “get” the man they hated, along with the FBI trashing its reputation almost completely. People may fear them, but that’s not the same as respect.

Mos maioram, then, has departed, and I don’t see it coming back any time soon. The path to political victory has become “stirring up the base,” and that strategy, combined with social media, is on a direct path to Orwell’s Two Minutes Hate.

Plenty of the same has been going on in the UK, surrounding the Brexit drama. And likewise, British leaders of the past, who labored for dignity and reasonableness, would be horrified.

That said, I’ll stick with the American craziness for today. And today’s craziness is impeachment. But rather than punishing you with the details, I’ll simply refer those of you who are interested to Tom Luongo’s article on the subject and move on to the solution.

The New Opportunities

I’ve said this before, but I think spending time and effort on politics is almost a full waste. And if ever this statement was anything less than true, it is certainly true now: Politics is barbarism.

The system doesn’t deserve our sweat and strain.

I’d rather that we engage in building a better world. The model of the new era is decentralization, and just about everything new and uplifting either supports that model or thrives within it.

Decentralized education (aka, homeschooling and its variants) calls out for advocates and implementations. Decentralized science is a desperate need. Decentralized money is already present and is not only a screaming success but a major opportunity. And I could go on to decentralized communications, decentralized defense and more.

Mos maioram is dead and gone. Rather than pretending otherwise, we should build a better way.

The Logic of Anarchy


By Carl Watner

[Editor’s Note: This piece originally appeared in THE LIBERTARIAN FORUM, February 1983, page 5.]

In 1793, William Godwin wrote that “To dragoon men into the adoption of what we think right, is an intolerable tyranny.” [1] Godwin asserted that the advocate of coercion is in a logically precarious position. Coercion does not convince, nor is it any kind of argument at all. The initiation of coercion is “a tacit confession of imbecility. If he who employs coercion against me could mould me to his purposes by argument, no doubt he would. He pretends to punish me, because his argument is strong; but he really punishes me, because his argument is weak.” [2]

The presupposition that the one who initiates violence is in a morally and logically indefensible position is the epistemological bias against violence. As Godwin added, “Force is an expedient, the use of which is much to be deplored. It is contrary to the nature of the intellect, which cannot be improved by conviction and persuasion. It corrupts the man that employs it, and the man upon whom it is employed.”

Historically, man’s original condition was anarchic. Government arose through conquest; through the initiation of coercion against the unwilling. Anarchism is the doctrine that the State, as a social institution, should not exist; that mankind should be allowed to return to its natural state of no-government. Epistemologically, we must start out as anarchists, too. The advocate of the State must convince us that the positive belief in government is justified. The burden of proof is not on the anarchist to justify the absence of government. Logically, this burden of proof rests on the advocate of the State.

Roy contended that the burden of proof for the necessity of government is always on those who maintain that the state is necessary or legitimate.
– Ronn Neff in “Roy Childs on Anarchism”

This point was made clear by those who argued against compulsory vaccination in late 19th Century England. They presented two independent arguments: (first), that the medical and scientific claims of the vaccinationists were wrong; and, (second), that the initiation of compulsion was wrong in and of itself. For them, the hallmark of civilization was the abandonment of legalized compulsion. As John Morley put it, “liberty, or the absence of coercion, or the leaving people to think, speak, and act as they please, is in itself a good thing. It is the object of a favourable presumption. The burden of proving it inexpedient always lies, and wholly lies, on those who wish to abridge it by coercion . …” [4]

Without realizing it, the anti-vaccinationists hit upon the logic of anarchy. Whether their medical argument was correct or not was essentially beside the point. The epistemological bias against violence precludes the initiation of force. This prevents the existence of the State (or legislation) which is by its very nature invasive. If those who advocate the State must rely on force in order to bring it about, then their arguments are already tainted. The anti-vaccinationists claimed that “vaccina­tion is either good or bad. Its goodness removes the need for compulsion and its badness destroys the right to coerce those who oppose it.” [5] So for the State. It is as illogical as it is wicked. In the nature of the case, the more the government protects, the less need there is to make it compulsory. On the other hand, the less it protects, the more infamous is its compulsion. In their anxiety to coerce others, statists demonstrate their own lack of faith in the prescription which they assert affords complete protection from anarchy.

End Notes

[1] William Godwin, ENQUIRY CONCERNING POLITICAL JUSTICE (1798), Book IV, Chapter i, Paragraph 10.
[2] ibid., Book VII, Chapter ii, Paragraph 9.
[3] ibid., Book IV, Chapter i, Paragraph 14.
[4] John Morley, ON COMPROMISE, London: Macmillan and Co., 1888, pp. 253-254.
[5] See Joseph P. Swan, THE VACCINATION PROBLEM, London: C. W. Daniel Company, 1936, p. 317, and William White, THE STORY OF A GREAT DELUSION, London, E. W. Allen, 1885, p. 508.

Germans 13:1-7


by Ned Netterville

[Editor’s Note: Christian patriots often offer up Romans 13:1-7 (Render unto Caesar – in other words, the Roman authorities – what Caesar is due) as a biblical reason for paying taxes to their federal and state governments (reproduced at the end). Rarely do they realize that their argument applies equally to democratic as well as totalitarian governments. In other words, there would have been just as much reason to obey and pay the pre-World War II German authorities (the Nazis) as there would have been to pay and obey the American government under FDR. The large majority of Christian preachers in Germany supported the Third Reich, while most Christian preachers in the United States supported the Allies. Both German and American Christian religious leaders were praying to the same deity and using the same New Testament while their co-religionists were trying to kill each other. (For an interesting account of how Christian soldiers from both sides cooperated, despite the pleas of their leaders,  see “Let Sleeping Dogs Lie, THE VOLUNTARYIST, Whole No. 12, December 1984. Please enjoy the following fiction.]

My Dear Brothers and Sisters,

Let every person be subject to Hitler and the governing Nazi authorities; for there is no author­ity except from God, and the Nazi author­ities that exist have been instituted by God. Who­ever resists Nazi authority resists what God has appointed, and those who resist will incur judg­ment. For the Nazi rulers are not a terror to good conduct but to bad. Do you wish to have no fear of the Nazi author­ities? Then do what is good, and you will receive the Nazis’ approval, for Hitler is God’s servant for your good. But if you do what is wrong you should be afraid, for the Gestapo does not wield the sword in vain. Hitler is the servant of God to execute wrath on the wrongdoer. There­fore, one must be subject to Hitler, not only be­cause of wrath but also because of conscience. For the same reason you also pay taxes, for the Nazis are God’s servants, busy with this very thing. Pay to all what is due to them—taxes to whom taxes are due, revenue to whom revenue is due, respect to whom respect is due, honor to whom honor is due.

signed Heil Hitler, Rabbi Benjamin Roth at

Sachsenhousen, Germany, January 15, 1938

This letter was sent by Rabbi Benjamin Roth to the members of his synagogue in Stuttgart from a Nazi “labor” camp shortly after he was arrested as an enemy of the state for his frequent, bold condemnation of Hitler and the Nazis. The letter was, of course, first opened and read by the prison’s Gestapo censors, who were unaware of their prisoner’s history of sedition, assuming he was, like most of Sachsenhousen’s residents, arrested merely because he was a Jew. His letter made it past the censors and was delivered to the synagogue by mail, thanks to its Hitler-and-Nazi-flattering content.

When his letter was read to the synagogue community on the next Sabbath, it was recognized immediately by all but one member of the Rabbi’s flock for the irony it spoke. It inspired many members to do exactly the opposite of what the Rabbi’s ironic words appeared to be directing them to do, knowing the opposite is what he really wanted of them.  As a result, evasion of German taxes was higher among members of Rabbi Roth’s synagogue than anywhere in Germany. More than a few members went to their deaths as illegal tax protesters.

The lone member who took the Rabbi’s words at face value was a rather dull honey dipper, Ike K. When Ike heard the letter read, he took it to heart and joined the Nazi Party. When the Nazis discovered he was a Jew, he was made to kneel and then kicked to death by Gestapo agents.

Rabbi Roth was eventually shipped on to the Chelmno extermination camp in December, 1941, where he was among the first victims murdered in the back of a box truck with its exhaust piped into the sealed cargo area. It was the Nazis’ first mass-human-extermination machine, reputedly contrived by Adolf Eichmann himself.

Roth’s personal papers were kept safely hidden by members of his synagogue community until after the war. The collection reveals that when Hitler came to power in 1932, Roth undertook a study of the works of Paul the Apostle (Saul of Tarsus), who similarly had to contend with the persecution and slaughter of his Christian congregation in Rome by the Emperor Nero. Paul was beheaded by Nero in 68 CE. No doubt Roth had reflected on the striking similarities between the infamous tyrant Nero, who would douse Christians with paraffin and use them as human torches to light his evening garden parties, and Adolf Hitler, whose rapacious extermination of Jews knew no bounds to its numbers nor its savagery.

I wonder if Rabbi Roth saw in himself a reflection of the Apostle? I certainly do in his use of Paul’s irony in Romans.

[Editor’s Note: Below follows the current version of Romans 13:1-7 from the New Revised Standard Version (NRSV)]

Being Subject to Authorities

“13 Let every person be subject to the governing authorities; for there is no authority except from God, and those authorities that exist have been instituted by God. 2 Therefore whoever resists authority resists what God has appointed, and those who resist will incur judgment. 3 For rulers are not a terror to good conduct, but to bad. Do you wish to have no fear of the authority? Then do what is good, and you will receive its approval; 4 for it is God’s servant for your good. But if you do what is wrong, you should be afraid, for the authority does not bear the sword in vain! It is the servant of God to execute wrath on the wrongdoer. 5 Therefore one must be subject, not only because of wrath but also because of conscience. 6 For the same reason you also pay taxes, for the authorities are God’s servants, busy with this very thing. 7 Pay to all what is due them—taxes to whom taxes are due, revenue to whom revenue is due, respect to whom respect is due, honor to whom honor is due.”

Lotte Hendlich and the “The German Hyperinflation,” 1922-1923


By Max Shapiro

In the autumn of 1923, Lotte Hendlich, a German widow in her fifties, returned to her native Frankfurt after an absence of more than four years in Switzerland. In 1919 she had gone to spend a few pleasant weeks in a Swiss village where her relatives lived. But almost immediately, Frau Hendlich broke her hip in a fall. During her long convalescence her chronic cough became worse, and the doctor attending her advised her that she was suffering from advanced tuberculosis. The months and years of her illness dragged on interminably even though her relatives were genuinely solicitous (they insisted on defraying all her expenses, including the fees of the doctor). At last, in September 1923, she was “cured” and considered well enough to return home. Her much longed-for homecoming soon became a nightmare.

In the stack of accumulated mail she found three letters from her bank; they delineated her ruin. The first – written in mid-1920 by a minor bank officer who had befriended her – advised her “to invest most of the funds in your rather substantial bank account” (amounting to over 600,000 marks, or the equivalent of more than $ 70,000 at the exchange rate prevailing in 1919). “It is my judgment,” the writer continued, “that the purchasing power of the mark will decline, and I suggest you try to guard against this through some suitable investment which we can discuss when you come into the bank.”

The next letter, dated in September 1922, and signed by another officer said, “It is no longer profitable for us to service such a small account as yours. Will you kindly withdraw your funds at the earliest opportunity?”

The third letter, dated several weeks before her return from Switzerland, announced, “Not having heard from you since our last communication, we have closed out your account. Since we no longer have on hand any small-denomination bank notes, we herein enclose a note for one million marks.”

With gathering panic Frau Hendlich looked at the envelope that had contained the letter and the million-mark note. She noticed that affixed to it there was a canceled postage stamp of one million marks. Her bank account – which four years before seemed large enough to provide her with a serene existence to the end of her days – had been utterly consumed by inflation and could no longer pay for an ordinary postage stamp.

[Max Shapiro, THE PENNILESS BILLIONAIRES (1980), pp. 170-171.]

The Charles Dupont Story


as told by Robert Strebel

This true story was told by Robert Strebel at a Financial Times World Gold Conference in Vienna, Austria in 1988. Strebel was a Member of the Executive Committee of the bank J. Vontobel & Co. Ltd. of Zurich, Switzerland. He ended his talk by telling “the story of a friend of mine, Charles Dupont.”

“Charles Dupont was born in Paris in 1900. At the age of 20, he inherited the handsome amount of one million French francs. On the advice of a very wise man, he exchanged his inheritance immediately for 50,000 gold Napoleons (coins), which were official legal tender at the time, worth 20 French francs each. In other words, Charles Dupont was the owner of 50,000 French gold pieces.

“From that day onward (January 2, 1920), he sold one gold Napoleon each day to finance his accommodation, food, clothing, and amusements. In 1980, Mr. Dupont dies at a grand age in a simple apartment not far from the heart of Paris. His nephew moves into the apartment and one day finds the notes and diaries of his dead uncle. In these diaries, Mr. Dupont had written how, over the past 60 years, he had been able to live simply, but well, on one “Napoleon” a day. He also describes the war, mentioning the black market and the fact that in those difficult times pieces of gold fetched very good prices. In addition, he tells how the price of the 20 franc gold pieces appreciated substantially after currency manipulations.

“In his diary Charles Dupont also relates his experiences with the tax authorities. He never paid any taxes because he did not have any officially recognizable income. He was summoned to appear before the tax inspector three times, in 1928, 1938, and 1948. The tax inspector visited his apartment three times, in 1958, 1968, and 1978. … Each time the inspector was forced to leave without finding anything. He found no incoming payment, no interest payments, no dividend payments, no wage payments. Charles Dupont appeared to have an invisible income.

The Charles Dupont Story
1900: Born near Paris
1920: Inherits one million French Francs.
1920: Purchases 50,000 Napoleon Gold coins for 20 francs each .
1920 : Spends one Napoleon a day for rest of his life.
1980: Charles dies after a long life.
1988: An heir finds a chest with 28,100 Napoleons in the attic.

“Some months ago (1988), his nephew was searching around in the attic in old chests, boxes and books that belonged to his uncle. He found two chests that were extraordinarily heavy and when he opened them he found they contained a treasure of 28,100 Napoleons which as a man of the times, he immediately converted to present-day currency. A few weeks ago, he exchanged the coins at his bank for the sum of 13.9 million French francs.

“For 60 years, Charles Dupont sold one Napoleon a day. He had used 21,900 Napoleons, and with the remainder, he made his nephew a rich man.

“This story has not failed to have an effect on people and firms who have been managing money for decades, or even centuries. That’s why I am convinced that if you are dealing with a reputable asset manager, you will still find traces of gold – both now and in the future – in your portfolio.”

[The Math Behind the Story and Editor’s Comments: This article was reprinted from GOLD NEWS, November – December 1988. The 20 franc French gold coin contained 6.4516 grams of gold, 90% pure, so 50,000 coins contained 290,300 grams of fine gold or 290.3 kilograms. A kilogram weighs 32.15 troy ounces, so the 50,000 coins amounted to 9333.15 ounces of pure gold. At the then price of $ 20.67 per ounce, this amounted to almost $ 193,000 US dollars. Dupont had spent 43.8% of his initial stash, leaving the remainder of 56.2% or 5245 ounces to his nephew. At $ 1500 per ounce (as of this writing in late 2019), the remainder would be worth over $ 7.8 million dollars. Apparently the French tax men did not think of applying a capital gains tax to the sale of Dupont’s gold, nor did Dupont live long enough to be subject to any kind of wealth tax, which is now being bandied about by American politicians. This story further illustrates what I call the Midas Clutch, somewhat similar to Gresham’s Law. If you have to sell assets, retain those which you judge to be the the most valuable in the long run, and dispose of those you expect to lose their exchange value in the short term. In other words, since gold has a long history of holding its purchasing power, ‘clutch’ on to it like Midas until you have disposed of your less valued property.]

We Are Many, They Are Few: “The Tiny Dot,” Explained


by Larken Rose

[Editor’s Note: This is a transcription of a video  (“The Tiny Dot, Explained”), made by Larken Rose in October 2014.  As you read this, please keep in mind that “The Dot” is a small group of rulers, and that there is another dot of slightly more numerical enforcers. Larken focuses on the insight that people obey because they believe their rulers are legitimate. Much as the divine right of kings only lasted as long as people believed they had a divine right to rule, so will the divine right of governments to rule only last until their legitimacy disappears.]

Hi, I’m Larken Rose and I’m the one who made the video called “The Tiny Dot.” If you haven’t seen that video yet you can find that at youtube.com/Larkenrose. Now, “The Tiny Dot” video is very sim­ple, almost to the point of being silly, but it demon­strates the difference between the number of people who are bossing us around and taking our money and the number of people who are continually handing over their money to Congress, to the people in Washington.

If you just see the statistical difference between this massive throng that’s paying for these things and the tiny little dot that’s getting our money and then spending it, it’s a ridiculous spectacle. If you just grasp the numbers involved, it’s absurd. So I made this video to see how many people could actually explain how the heck we got into this situation.

Now a bunch of people wrote comments making wild guesses of what the problem is. It’s that we’re not paying attention to what the dot’s doing, and that we have to vote for more respectable dots, and all these strange things, but none of them explain why you have this gigantic throng obeying a tiny little dot.

Finally somebody got the answer. He said “Well, it’s not just the enforcers because the tiny little dot has their slightly bigger dot of enforcers. It’s not just that the throng is scared of the enforcers, it’s that the dot has the law on its side. That’s it. It’s not just a bunch of control freaks asking for money, it’s the law. It’s your ‘fair share.’ It’s paying your taxes for the good of their country.” All this propaganda and all this terminology is used by the dot to pretend that we have a moral obligation to fund it even if we don’t like what it’s doing. Even if we think it’s destructive, and evil, and economically stupid, and anything else, they call their demands “taxes.” They don’t just say “Give us money or we’ll hurt you,” because the throng would say “No, you won’t. Look how big we are. Look how little you are.” They say “This is the law. You must your taxes,” and people believe them.

That’s why the throng obeys the dot. The throng really and truly believes that the dot has the divine right to rule the throng. All the excuses about con­sti­tu­tions, legislation, elections, appointments, and all the other political rituals: the entire purpose of that whole game is to keep up the illusion that the dot actually has the right to boss the throng around. And, con­versely, that the members of the throng have a moral obligation to obey the dot. And that is why this ridi­culous spectacle continues – why we have this huge throng obeying this tiny dot – giving it gigantic sums of money to do destructive, stupid, and evil things. The throng has been taught to believe that it is literally a sin to not give their money to the tiny little dot.

But almost everybody misses this. They look at the video and some of them say “We need to vote in a better dot. We need to petition the dot. We need the dot to change its commands.” Or even “We need a revolution and go squash the dot.” You don’t need to squash the dot. Look at the stupid thing. Look how little it is. It doesn’t matter. It only matters because the throng imagines that it has an obligation to obey the dot. Here is the point that many pro-freedom advo­cates completely miss. The problem is not the dot. It’s not its enforcers. All of the focus on the dot – with elections, and campaigning, and petitioning, and this and that other thing – all these people focusing on changing the dot, are completely missing the point. The dot isn’t the problem.

 

We Are Many, They Are Few

What’s between the ears of the people in the throng is the problem. You don’t need an election. You don’t need a revolution or need a new dot. You don’t need anything. The dot would be ignored out of existence if the throng just realized we don’t have any moral obligation to listen to it. We don’t have to do what it says. We don’t have to give it our money.

Now, of course, if one person realizes that, he’s in deep trouble because, not only will the dot and it’s enforcers try to squish him, other members of the throng will try to squish him. And when people say “Well, we have the police and the military and the IRS. You know they have a bunch of enforcers?” Yeah, but the dot doesn’t make them. The police, the tax collectors, they come from the throng. They, too, have been taught that the throng is under a moral obligation to obey this stupid tiny little parasitic dot and so they proudly go out and do their law enforcement which means some people in the throng force other people in the throng to obey the dot. And they feel righteous about it because they really and truly completely believe that it is evil to disobey the dumb little dot. It’s evil not to give the stupid little dot a whole bunch of your money.

The rest of the throng says, by way of a jury, “Oh, you tax cheat!” You pick twelve Americans, they’re going to say “You’re evil. You didn’t give your money to the dot. How dare you? Go to prison,” because the throng believes in an obligation to obey the dot even though they don’t like what the dot does with their money. They still feel a moral obligation to hand it over and that’s the problem, their perception. It’s not the dot. All of the power of the dot is illusion. The IRS agent that steals your bank account? He’s suffering the same illusion that we all have a moral obligation to give our money to the dot. Even their enforcers only do what they do because of the delusion that the dot has the right to rule and we have the obligation to obey. It’s pathetic, this giant throng begging this little dot. In the video, it’s funny to see the comparison, but most people have no idea why it happens. Why would this huge throng continually bow to this tiny little dot that’s too small to see. Puny little thing, what power does it have? You don’t even need to switch the thing. You don’t need a revolution, you don’t need to vote in a new dot. You don’t need anything. Just ignore it. Any solution that focuses on doing something about the dot is absolutely doomed to fail because the dot is not the problem. In fact any solution that focuses on “Let’s change the dot” somehow reinforces the notion that we have to obey the dot, so why bother changing it? Why bother putting in a new dot? Why not just ignore it? Because even most pro-freedom advocates along with everybody else believe that we have an obligation to obey the dot. Then our only recourse is the political process where we bicker with the dot, and try to meddle and tinker with it, instead of just saying “To heck with the dot. We don’t need it, we don’t have to obey it.” Again, if one person does that, the rest of the throng squishes him.

If the throng as a whole, or even a significant minority of the throng realizes why are we obeying the stupid dot, we don’t have to continue to do that. Game’s over. The dot has no more power because all of its power is based on the illusion that what it does is legitimate. The bad news is, it’s your belief system that is the direct cause of that ridiculous spectacle of a hundred million productive people throwing their wealth at these corrupt, lying crooks. You believe things, just as I believe things, that you were taught to believe all your life that are absolute lies. They’re utterly insane. They don’t make any sense if you actually examine the concepts around statism, govern­ment law, taxes, terminology that’s made to dupe the throng into believing it has a moral obligation to obey the dot. And I believed them for a long, long time. I believed them and I never heard anyone question them. I don’t think you’re trying to ruin the world. I don’t think you’re trying to cause misery, suffering, economic collapse, and injustice. I don’t know very many people who are trying to do that, but I know a lot of people who are doing it nonetheless because of their belief system, because of the way that their belief system drastically warps and perverts both their perceptions and their actions. If you look at the video “The Tiny Dot” and you think wow – that situation seems ridiculous – you have to understand why you, as part of the throng, are the problem. But you’re also the solution and you don’t need to fix the dot. You don’t need to reform the po­liticians. You don’t need legislation to change. You don’t need a new election. Fix what’s between your ears which may be a slow uncomfortable process. It was for me and just about everybody I know. Fix what’s between your ears and the world will fix itself.

The Creed of All Freedom-Loving Men: The Voluntaryist Spirit & Stoicism [1]


By Carl Watner

As readers of THE VOLUNTARYIST know, I have helped popularize the word “voluntaryist” among libertarians. But what they probably don’t know is that, if there is one other label that I would identify with my philosophy, it would be the term “stoic.” Now, why would that be? What is the relationship between the 2000+ year old philosophy of Stoicism and that of voluntaryism? Is every Stoic necessarily a voluntaryist? Is every voluntaryist necessarily a Stoic? Certainly not in either case. For example, many current day advocates of Stoicism, such as Ryan Holiday of THE DAILY STOIC, disagree with the basic conclusions of voluntaryism. “Pay your taxes; vote; be a good, obedient citizen!” he says. What is the relationship between these two philosophies? [2]

The purpose of this article is to describe the Stoic philosophy of life, outline the relationship between voluntaryism and Stoicism, and to show how the later dovetails with my voluntaryist outlook on life. In researching this article, I have come to the conclusion that both voluntaryism and Stoicism are two philosophies which, while running on different tracks and dealing with different facets of life, can be, and in fact are, embraced by people such as myself, and may be worthy of consideration by others.

Zeno of Citium (c. 334 – c. 262 BC), a merchant of Phoenician descent, is the acknowledged founder of the Stoic school of philosophy which he began teaching in Athens around 300 BC. Since then it has had many adherents and advocates, and among them we can find many differences and disagreements. Nevertheless, over the centuries there has been a core of ideas shared by people who call themselves ‘Stoics,’ “irrespective of the differences of opinions that have existed among them.” [3]  A fair but simplistic summary of the key elements of Stoicism was offered in The Daily Stoic of January 9, 2019: “Focus on what you can control. Be a good person. Manage your emotions.”

Other commentators have focused on the Stoic perception of reality. As Ludwig Edelstein put it, to the Stoics “the world is a brute fact.” [4] A is A. What does this conception of reality mean to the Stoic? It means the Stoic must recognize what is in his control and what is not. The Stoic is not insulted or disturbed by the facts. Stoics have always recognized  that what is, is. Describing a fact of nature as evil does nothing to change its impact upon us. The law of gravity is not evil because it does not allow men to fly. It is simply an inherent part of the world. The Stoic “must endure whatever comes,” good or bad, pain or joy, suffering or happiness. [5] The Stoic is an individual whose uncompromising acceptance of reality allows that person to remain undisturbed and unperturbed by even the most tumultuous or life-threatening events.

The Stoic recognizes that most things are beyond his control.  The Stoic loves whatever happens “and faces it with unfailing cheerfulness. He tells himself: this is what I have got to do or put up with. I might as well be happy about it – I can’t change it. … Cheerfulness in all situations, especially the bad ones.” [6]  As Epictetus, one of the early Stoics put it, “Bear and forbear!” [7] According to Epictetus, the real Stoic was “one ‘who is sick, yet happy; in danger, and yet happy; exiled, and yet happy; disgraced, and yet happy’.” [8] Based on this description of Stoicism, it is certainly correct to identify one of its most important features as “the conception of the free individual as a thinking, responsible, and courageous being.” Stoics have always had the courage to face the facts and act accordingly. The power and attractiveness of Stoicism lies in “the internalization of the basic truth that each individual controls his or her own behavior but not the outcome.” The Stoic realizes that he can neither control how other people behave or what their behavior brings about. The Stoic can only control him or her self and calmly accept the consequences. [9]

One might define the goal of Stoic philosophy as living a life shaped by excellence and wisdom. [10] According to Epictetus, it is human excellence that makes a human being beautiful. [11] With other ancient philosophers, the Stoics believed in the importance of integrity, of demonstrating the harmony between their words and deeds, as illustrated by the manner in which they lived. Thus, Stoics place great emphasis on the crucial tasks of improving their character and maintaining their own integrity, regardless of the circumstances in which they find themselves. The Stoics would argue that if you want a better world, then improve yourself, for this is entirely within your control. To paraphrase Marcus Aurelius: Don’t talk about what a good person should be like. Be that person – because this is in your control. Or as Epictetus put it, action speaks louder than words.

Their philosophy was no intellectual hobby, “but rather a way of life that transformed one’s character and soul” that would show in how one lived, day to day. [12]

Historically, there have been four related character traits associated with the Stoic way of life. The four cardinal virtues of the Stoic are:

Practical wisdom or Prudence which allows them  to make decisions that improve their ethically good life. This includes exercising excellent deliberation, good judgment, perspective, and common sense.

Courage or Fortitude can be physical, but more broadly refers to the moral aspect of acting well under challenging circumstances. This includes perseverance, honesty and confidence.

Self-Discipline or Temperance makes it possible for them to control their desires and actions so that they don’t yield to excess. This includes orderliness, self-control, forgiveness, and humility.

Justice or Fairness refers to the practice of treating other human beings with dignity, benevolence, fair dealing, and according to the Golden Rule. [13]

So to summarize and condense what has been said about Stoicism, here are nine statements, that in the eyes of Jonas Salzgeber, author of THE LITTLE BOOK OF STOICISM, describe the Stoic personality.

  1. The Stoic is serene and confident no matter what you throw at him.

  2. The Stoic acts out of reason, not emotion.

  3. The Stoic focuses on what he can control and does not worry about what he cannot control.

  4. The Stoic accepts fate graciously and tries to make the best of it.

  5. The Stoic appreciates what he has and never complains.

  6. The Stoic is kind, generous, and forgiving towards others.

  7. The Stoic’s actions are prudent and the Stoic takes full responsibility for his behavior.

  8. The Stoic is calm and is not attached to external things.

  9. The Stoic possesses practical wisdom, courage, and practices self-discipline, benevo­lence, and justice. [14]

So much for Stoicism, but what about voluntaryism? Most readers of this article will already be familiar with the basic tenets of voluntaryism, but for those who might need a refresher, let me quote from my article, “The Voluntaryist Spirit.” This article was originally written in 1983, but not published until 2004. It can be found in Issue 124 of THE VOLUNTARYIST, and unfortunately was not included in my anthology, I MUST SPEAK OUT. I mention these facts because I will be extensively quoting from this essay as the article you are now reading progresses. In that essay of 1983, I wrote:

Voluntaryism is a dual doctrine, having both a positive and a negative side. As a brand of anarchism it is the doctrine that all coercive government (what most people would refer to as “the State”) should be voluntarily abandoned; that all invasions of individual self-ownership rights should cease. This is its negative side. Its positive side is that all the affairs of people should be conducted on a voluntary basis. It does not argue for the specific form that voluntary arrangements will take; only that the sovereignty of the individual must remain intact, except where the individual coerced has already aggressed upon the sovereignty of another non-aggressive individual.

To voluntaryists, this dual doctrine represents a means, an end, and an insight. The end, predicated upon a theory of self-ownership and just property titles, is a peaceful anarchy, an all voluntary society. All the affairs of people, both public and private, should be carried out by individuals or their voluntary associations. The means to reach such an end state must be consistent with the goal sought. As shall be demonstrated, it is in fact the means that determine the end. So only voluntary methods of persuasion, education, and nonviolent resistance to State criminality may be used to bring about voluntaryist goals. People cannot be coerced into freedom. Finally, voluntaryism is a realization about the nature of political society, viz., that all States are grounded upon popular acceptance and require the cooperation of their victims.

These three aspects of voluntaryism mutually reinforce each other. The very goal of an all-voluntary society suggests its own means. The attempt to use governmental or political processes to reform or abolish the evils of coercion is not a voluntaryist means because they rest on coercion. The distinguishing marks of voluntaryism – that it is at once both nonviolent and non-electoral in its efforts to convince people to voluntarily abandon the State – set it apart from all other methods of social change. The voluntaryist insight into the nature of political power does not permit people to violently overthrow their government or even use the electoral process to change it, but rather points out that if they shall withdraw their cooperation from the system, it will no longer be able to function or enforce its will.

The voluntaryist spirit is thus an attitude of mind or a sense of life, if you will, which animates those engaged in the struggle for the recognition of self-ownership rights and the demise of the State. It is the passionate, disinterested love of justice for its own sake, regardless of the consequences that the struggle brings to one personally. It is a knowledge that if one takes care of the means the end will take care of itself. It is an understanding that the morality and principles of voluntary interaction with other self-owners is the only practical manner of living life upon this earth. It is an epistemological rejection of violence, a knowledge that coercion can never rationally convince. Come what will, wherever the chips may fall, voluntaryism seeks the perfect way but it differs from other philosophies of life in seeking it with utter disinterestedness. Right means are an end in themselves, their own reward.

How does this relate to Stoicism? In answering this question, I should like to refer to another essay that I wrote in 1995, titled “Vice Are Not Crimes,” which was published in Issue 77. That particular article dealt with Walter Block’s differentiation between ‘libertarianism’ and ‘libertinism.’  Libertarianism, says Walter, is the advocacy that “all non-aggressive behavior should be legal; people and their legitimately held private property should be sacrosanct.” Proponents of libertinism, on the other hand, advocate “the morality of all sorts of perverse acts.  This does not mean that non-aggressive acts such as drug selling, prostitution, etc., are good, nice or moral activities. In [Walter’s] view, they are not. It means only that the forces of law and order should not incarcerate people for indulging in them.” [15] In my commentary on Walter’s article, I explained why it is necessary to formulate and elaborate a personal code of ethics to explain why these perverted activities are vicious and morally wrong.

We need to be able to explain to our children why they should refrain from these pernicious activities, yet at the same time we defend the right of these people to be “the scum of  the earth.” Everyone needs to understand why these perverts have rights, and why they are not admirable or to be emulated.

Walter has made a good beginning in this direction. Any successful ethical code has to be life-oriented, and focused upon personal and family survival. None of these perverted activities build strong character, independence, self-control, or teach moderation. Intemperance, promiscuous sex and taking drugs lead to self-destruction of both the mind and body, and hence are to be avoided and shunned. These vices will undoubtedly exist in a stateless world, as they do in a statist environment. Thus, we must teach our children that it takes morally strong individuals to resist both the lure of the State and the seemingly attractive snares of libertinism. They must learn that if they cannot govern themselves then someone else will try to rule them. Only self-controlled individuals can earn freedom and liberty. People must be good and virtuous to be free in mind, body, and spirit.

Proper discipline of a child teaches him how to be a self-governor. This in turn leads to success in the disciplines of life. Self-discipline is critical to success in every realm of life. If you can teach him correct principles, ultimately you’ll be teaching him to govern himself. This in turn leads to a freer society. This recalls the words of Albert Jay Nock, who wrote that the only thing that the individual can do “is to present society with ‘one improved unit’.” A person who practices all sorts of vices is not an “improved” or improving person. “It is easy to prescribe improvement of others,… to pass laws, … .” But the voluntaryist method is “the method of each ‘one’ doing his best to improve” himself. This is the “quiet” or “patient” way of changing society because it concentrates upon bettering the character of men and women as individuals. As the individual units change, the improvement of society will take care of itself. In other words, “If one takes care of the means, the end will take care of itself.” [16]

As I mentioned, these words were written in 1995, and obviously Stoicism is not mentioned even once. Yet as you can see, the whole message is imbued with the Stoic outlook on the world, namely that each person is ultimately responsible for his own life and his own decisions. A person must always take responsibility for him or her self, and can never blame external circumstances for the choices that person makes. Even when the voluntaryist or Stoic is threatened with violence or death, that person is still responsible for how he or she acts in the face of coercion. Will there be resistance, forgiveness, or acquiescence? This question was discussed in my “Fundamentals of Voluntaryism,” which was written in the early 1980s. “It is a fact of human nature that the only person who can think with your brain is you. Neither can a person be compelled to do anything against his or her will, for each person is ultimately responsible for his or her own actions. Governments try to terrorize individuals into submitting to tyranny by grabbing their bodies as hostages and trying to destroy their spirits. This strategy is not successful against the person who harbors the Stoic attitude toward life, and who refuses to allow pain to disturb the equanimity of his or her own mind, and the exercise of reason.” [17]

As I wrote in “The Voluntaryist Spirit,”  voluntar­yists have a clear understanding of the nature of power (what they call “the voluntaryist insight”) – that all governments and human institutions depend on the consent and cooperation of its participants. A person who harbors the voluntaryist spirit understands that he or she cannot be compelled to do anything against his or her will. Such a person may suffer the conse­quences of holding to his or her belief, but as Corbett Bishop, a World War II conscientious objector who fasted for over 400 days in government prisons and hospitals, pointed out: Governments know that they can terrorize individuals into submitting to tyranny by grabbing the body as hostage and thus hoping to destroy the spirit (of conscience and resistance within the individual). But if one repudiates the body and will have nothing to do with it, the spirit remains free. This is the essence of total non-cooperation with one’s oppressors. The voluntaryist spirit also reminds us of the Stoics “who were different from others” in refusing to allow pain to disturb the equanimity of their minds and the exercise of their reason. As William Grampp relates in Volume I of ECONOMIC LIBERALISM (1965):

There is the story of a Stoic who was captured and told to renounce his beliefs. He refused and was tortured. Still unable to make him recant, his captors told him he would be put to death. He answered they could do whatever they wanted with his body but whatever they did could not injure his philosophy. That was in his mind and their authority, in its physical and moral aspect, did not extend [that far].

Grampp concludes this story by pointing out that  “Stoicism was unique in that its martyrs did not go to death believing their ideas would change the world.” [18] They went to death because their integrity was worth more to them than their existence. For life, if the courage to die be lacking, is slavery. The man who is afraid to die cannot possibly live up to his vision of the truth because he fears for both his person and property. Thus the only favorable course to those who uphold voluntaryism is “to remain loyal to one’s own integrity. For man, as a moral agent, has an obligation to value truth for its own sake, not for any supposed benefits it might bring as a by-product.”[19]

This story is particularly graphic because it exemplifies the importance that the Stoic places on integrity and conscience. “In the centuries after Stoicism [took root in Western civilization] men sought to apply the test of reason to their conduct and their institutions … . As they did this they were fol­lowing a course laid out by the [early] Stoics. One may conjecture that the idea of intellectual integrity [and behavior consistent with one’s principles] came from Stoicism.” [20] The Stoics recognized that the soul of man was beyond the reach of tyrants and jailers. Of death, the Stoic had no fear because it was recognized  as part of the course of nature. [21]

In his discussion of the Stoics, Grampp also pointed out that according to the Stoic view of reality nothing could be right by legislative enactment if it was not already right by nature.  A coercive govern­ment can not change the laws of nature. As Grampp concluded, Epictetus, the Stoic, urged men to defy tyrants in such a way as to cast doubt on the necessity of government itself. “If the government directed them to do something that their reason opposed, they were to defy the government. If it told them to do what their reason would have told them to do anyway, they did not need a government.” [22] Although not all contemporary Stoics would agree, voluntaryists assert that just as we do not require the government to dictate what is right or wrong in growing food, manufacturing textiles, or in steel-making, we do not need a government to dictate standards and procedures in any field of endeavor. [23]

Stoicism has had a major impact on the western world because its ideas about human nature are so true and powerful. Perhaps, then, it is not so remarkable that many of their early works have survived and are still in print today. To the Stoics all men were brothers. They were true cosmopolitans and would never have said, “My country right or wrong.” They always believed that there were things so terrible and shameful that the wise man would not do them, even to save his country. Stoics have often been accused “of not participating in politics and of withdrawing from the pressing duties of the day.” But, “these critics forget that for the Stoics political life was not the only life in which morality realizes itself. … [T]hey did not regard citizenship as the highest obligation of man.” [24] The Stoics have always acted upon the belief that “the first step in transforming society into one in which people live a good life is to teach people how to make their happiness depend as little as possible upon external circumstances. The Stoics understood that if we fail to transform ourselves, then no matter how much we [attempt to] transform the society in which we live, we are unlikely to have a good life.” [25]

To the Stoics, the sage was the wise man who was able to remain completely calm in the face of adversity. The image of such a person served as a definitive ideal, but whether there ever really was such a sage is beside the point. For the Stoics, the reason for developing the concept of the sage was to point to the sage as a way for us to become better human beings ourselves. [26] The kernel of Stoic living was to be found in “the self-sufficiency of the virtuous man. The wise  man alone was free of the domination of his passions; free because he did right voluntarily, and because he could not be compelled to do wrong against his conscience. [27] Seneca pointed out the importance of integrity to the sage:

Philosophy teaches us to act, not to speak (facere docet philosophia, non dicere); it exacts of every man that he should live according to his own standards, that his life should not be out of harmony with his words (ne orationi vita dissentiat), and that, further, his inner life should be of one hue and not out of harmony with all his activities. This, I say, is the highest duty and the highest proof of wisdom – that deed and word should be in accord (ut verbis opera concordent), that a man should be equal to himself under all conditions, and always the same. [28]

Although voluntaryism and Stoicism seemingly deal with two different realms of life, the political and the social, they are intertwined. Sometimes, because of inherited genes or outside influences or simply their own common sense, there are people whose personalities are uniquely suited to both voluntaryism and Stoicism. Even if no one formally introduces these individuals to these two philosophies they will figure them out on their own. [29] And if they happen to read this article, they will come to realize why Stoicism is the creed of all freedom-loving men.

End Notes

[1] The expression “the creed of all freedom-loving men” is attributed to Mathew Arnold (1822-1888), the English poet and cultural critic, by Ludwig Edelstein, THE MEANING OF STOICISM, Cambridge: Harvard University Press, 1966, p. 98.

[2] On voting, see THE DAILY STOIC, November 6, 2018 (“Each of Us Has A Duty”). On taxes, see THE DAILY STOIC, April 17, 2018 (“The Taxes of Life”).

[3] Rene Brouwer, THE STOIC SAGE, Cambridge: University Press, 2014, p. 4.

[4] Edelstein, op. cit. p. 33.

[5] Whitney J. Oates, “Introduction,” to THE STOIC AND EPICUREAN PHILOSOPHERS, New York: The Modern Library, 1940, p. xxi.

[6] Ryan Holiday, THE OBSTACLE IS THE WAY, New York: Portfolio/Penguin, December 2, 2013, pp. 152 and 153.

[7] Massimo Pigliucci, HOW TO BE A STOIC, New York: Basic Books, 2017, p. 176.

[8] John Sellars, THE ART OF LIVING, Aldershot: Ashgate Publishing, 2003, pp. 20-21.

[9] William D. Grampp, Volume I ECONOMIC LIBERALISM, New York: Random House, 1965, p. xi. Also see Pigliucci, op. cit., pp. 24 and 39.

[10]  Sellars, op. cit, pp. 61 and 63.

[11] See Epictetus, THE DISCOURSES, Book Three for a reference to “the excellence of a man.” This was pointed out by Jonas Salzgeber, author of THE LITTLE BOOK OF STOICISM (2019). Also see the commentary on the disinterested pursuit of excellence by Hanford Henderson, “The Aristocratic Spirit,” NORTH AMERICAN REVIEW, March 1920 and reprinted at www.voluntaryist.com.

[12] These are constant themes embraced in The Daily Stoic. Also see John Sellars, op. cit., pp. 15 and 23.

[13] Paraphrased from Pigliucci, op. cit., p. 99.

[14] The original ten-point list has been paraphrased from www.njlifehacks.com/what-is-stoicism-overview-definition-10-stoic-principles/#tab-con-15.

[15] Walter Block, “Libertarianism and Libertinism,” Whole Number 77, THE VOLUNTARYIST, December 1995, p. 4.

[16] Carl Watner, “Vices Are Not Crimes,” Whole Number 77, THE VOLUNTARYIST, December 1995, pp. 1 and 3.

[17] Grampp, op. cit., p. 11. For “The Fundamentals of Voluntaryism” see www.voluntaryist.com.

[18] ibid.

[19]  Carl Watner, “The Voluntaryist Spirit,” Whole Number 124 THE VOLUNTARYIST, 1st Quarter 2005, p. 7.

[20] Grampp, op. cit., p. 46.

[21] E. Vernon Arnold, ROMAN STOICISM, Cambridge: at the University Press, 1911, p. 308.

[22] Grampp, op. cit., p. 26.

[23] op. cit.,  “The Fundamentals of  Voluntaryism.”

[24] See Oates, op. cit., p. xxiv and Edelstein, op. cit., pp. 85 and 87.

[25] William B. Irvine, A GUIDE TO THE GOOD LIFE, New York: Oxford University Press, 2009, pp. 220-221.

[26] Pigliucci, op. cit., p. 137.

[27] F. H. Colson, “Introduction,” Philo of Alexandria,  PHILO, Volume 9 (of 10 volumes), Cambridge: Harvard University Press, 1941.

[28] Seneca, EPISTLES, 20.2  quoted by Sellars, op. cit., p. 30.

[29] Irvine, op. cit., p. 246.­

Clearing My Mind: My Path to Voluntaryism


By Josiah Warren

I can’t remember exactly when the progression towards Voluntaryism began. I remember being about a mile and a half into cardio on a treadmill somewhere on the east coast quickly scrolling through polling numbers to see who might be the next Republican candidate for president. I was obsessed with politics and I was good at arguing. If anyone didn’t like my opinion, too bad, they were going to hear it, it didn’t matter who it was. More often than not I spoke loudly—and drunkenly—to the guy or gal sitting in the bar stool next to me. I’d check Politico and then take a few seconds to quickly thumb out a few strongly worded texts to friends and colleagues on the tactile keyboard of my Blackberry about which candidate I thought was best to lead the country.

I continued a prosperous career in finance while pursuing an MBA in finance and economics from a local university, completing two degrees without even being exposed once to Austrian economics or the ideas of liberty (I still believe that this was by design and was part of indoctrination rather than education). Several years prior to this, I had enlisted in the Marine Corps Infantry thinking I was doing something noble. It was I that walked into the recruiter’s office, and it was I that signed the papers. Putting that aside, looking back I find it odd that so many with whom I shared a bunk or a fox hole were from small poor and middle-class towns in suburbia, while the great majority of the ruling class sat in their ivory towers and gave orders to go die in some hellhole while they shared zero risks or responsibility in their decisions. I suppose it was a sense of adventure that led me there, but in the end, it really helped me see first hand how corrupt and inefficient government really is. For one, the proper equipment, most of the time, never got to the personnel that needed it due to the huge web of bureaucracy and red tape. There were often Marines that never left “the wire” driving MRAP vehicles to chow while those in heavy combat zones drove scantly clad humvees with little or no armor. Layers of paperwork had to be signed before anything could be done and there was much room for waste. Receiving orders from a top-down hierarchical system often left troops twisting in the wind, waiting for some officer to give the go ahead. Not only was it bureaucratic, but the worst part is that the hapless US taxpayers were footing the bill for defense contracts and needlessly excessive high priced weapons designed for mass murder.

Like many others, I came to discover the ideas of Voluntaryism through politics and economics. When I say politics, I mean I was once a devout statist who wanted desperately to get my views across to people and always looked forward to the ensuing bread-and-circus act that would inevitably lead up to the next election. I suppose it’s rather cliché to say that Ron Paul got me to look further into principled libertarianism, but it was also the sheer and utter disappointment I had with the political process in general. Here we had a washed up establishment ruler that had spent her entire life leaching off hard-working Americans running up against a New York progressive that had hijacked a party that once – at least appeared to – principally support spending cuts. One of the Libertarian political party candidates I followed sent me a reading list which was prefaced by, “Now this guy is an anarchist so you have been warned” in so many words. When I saw the word anarchist I immediately thought of my youth, where we used to wear Anarchy symbols that were jaggedly patched and painted on our home-made outfits and go blow stuff up and cause trouble (usually the neighbor’s mailbox or piles of trash). It wasn’t until I picked up a copy of Rothbard’s FOR A NEW LIBERTY which was pretty much the catalyst for all the things I was experiencing in society but couldn’t quite make sense of.

Since I was already someone that had been used to research and writing, I continued reading stacks of books on Austrian economics, Libertarian philosophy, and the Non-Aggression Principle. Again, my previous impressions of any type of philosophy were, “Philosophy is useless and is only for people that get useless degrees and never go anywhere.” I had to change my perception of learning and knowledge, it wasn’t just about how many expensive pieces of paper I could get or my social status in society, it was my aptitude and curiosity that began to make me who I am, that drive to look into things further to find out why.

My personal experiences certainly shaped my view of all governments in general. For one, my previous six years of government service had left me with a significant amount of emotional problems, having witnessed other human beings, including children, being killed. Humans are not supposed to be okay with killing others, it has to be receptively conditioned into them (and yet there is still so much confusion that surrounds veteran suicides and PTSD). I handled it as best I could but I also had some run-ins with government enforcers on several occasions. There were no exceptions granted to someone that had put in their time and pissed away most of their youth to fight engagements and long campaigns for their rulers. The state simply discards its order-followers like pieces of trash. I also spent some time in correctional institutions where the state attempted to “reform” me of my non-violent offenses and make me a good compliant citizen again. An entire underbelly of the system exists solely to take advantage of those that suffer from addiction (drug addiction, alcoholism, etc.) and are there to profit from it. The enforcers earn significant revenues for municipalities by punishing non-violent offenders and treating citizens like common criminals. They felt that because of their prescribed laws that it was necessary to kidnap me and force me into their facilities (which also profit from the number of occupants they keep). Needless to say in the end, as I had been reading about the violent and coercive power of the state, I was also witnessing its violence and extortion first hand in my own life.

After reading several books by Spooner, Rothbard, and then later Larken Rose, I really started questioning why the government was necessary and why I continued to pull the lever to vote at all. It only took a few more questions until I thought, “If other governments are ruling over their people and extracting revenues from them in order to fund a violent empire, then maybe America is too.” I traced most of my one-sided thinking back to compulsory schooling, where I was fed the standard boiler-plate conditioning basket of ideas including how FDR was a God, that WWII was the greatest war in history and made this country great, that the nukes that murdered thousands of civilians were justified even though Japan was on the verge of surrender (among numerous other horrible atrocities committed on behalf of the US), and of course the daily ritual I carried out as a kid, standing with other children and pledging my undying allegiance to an authoritarian government. At no point in my indoctrination was individualism or self-reliance mentioned at all, because that’s not what it was about, it was about converting me from a kind, gentle, individualist who morally opposed all murder and violence by nature, into a compliant citizen with a moral double standard; “It’s ok when they do it, but it’s wrong when we do it.”

Presently, I continue to receive the VOLUNTARYIST newsletter as well as various other publications and podcasts and I continue to learn and challenge my own ideas. My views may change tomorrow, but currently, I believe that the most logical conclusion of uncompromising libertarian principles; of valuing private property rights and the non-aggression principle, is voluntaryism. I have a great life today, for one because I don’t have to spend countless hours mentally wrestling and justifying statist contradictions of collectivism and why needless aggression is okay for some but not all. I spend a lot of time in the wilderness because I think that there is true beauty in the state of nature and the spontaneous order, or as Thoreau once said, life reduced to the lowest common denominator. I constantly calculate risks based on the level of coercion (state and private) I might encounter. Even in the last several weeks alone and through this newsletter I have learned to develop my own personal code of ethics and to see the beauty in the world. When I look back at the person I once was I choose not to regret the past, but to consider it as a life experience. Many people have gone down the destructive rabbit hole of self regret and sorrow. I am just grateful that I am here today and that I am capable of love, peace, and joy and I try to exemplify these virtues every day. There is a better world out there, but first, it begins by clearing your mind.

Lysander Spooner: Libertarian Pioneer


By Carl Watner

[This article was originally published in REASON magazine in March 1973, pp. 20-23.]

One of the most interesting Individualists to have lived, both on a biographical and philosophical plane, was Lysander Spooner. Here was a man who lived his ideas, fought for them, and suffered their consequences. Although he may not have won the battle in his lifetime, his name was symbolic of victory. Lysander was the admiral of Sparta who destroyed the Athenian fleet, ending the Peloponnesian War. [1]

Spooner was born in 1808 of New England farm toilers and trained himself for a career in the law. His career was to be a series of disputes about the legality and conduct of contemporary government: his public petition, TO THE MEMBERS OF THE LEGISLATURE OF MASSACHUSETTS, concerning requirements for admission to the bar in that state, which he openly flaunted; his court case claiming that the State of Ohio could not obstruct navigable interstate streams; his commercial and constitutional challenge against the United States Postal Service in 1844, which resulted in the reduction of postage; and his abolitionist stance before and during the Civil War.

He was a great pamphleteer, and his numerous writings include articles titled “The Unconstitutionality of the Laws of Congress, Prohibiting Private Mails,” “No Treason, Nos. I, II and VI,” “An Essay on the Trial by Jury,” “The Unconstitutionality of Slavery” and “Constitutional Law, Relative to Credit, Currency, and Banking.” Many of these articles originally appeared in Benjamin Tucker’s individualist organ, LIBERTY.

Spooner’s last piece appeared between June 20, I885, and March 26, I886, and was entitled, “A Letter to Grover Cleveland, on His False Inaugural Address, The Usurpations and Crimes of Lawmakers and Judges, and the Consequent Poverty, Ignorance, and Servitude of the People.” [2] In many ways this work was the crowning glory of Spooner’s life. It presented the full range of his political ideas and drew upon his prior writings. It was the primary source referred to in writing this article.

Recently Ayn Rand has published a letter entitled “Representation without Authorization.”[3] Not only is her subject, the principles of political representation, one in which Spooner was greatly interested, but Spooner’s approach and conclusions sharply illustrate the difference arising among libertarians today; for example, the contrast between those who favor a limited government and those who favor no-government or anarcho-capitalism.

CONTRACT LAW AND AGENCY PRINCIPLES

As a lawyer, Spooner was fully knowledgeable of contract law and the principles of agency. He stressed that any contract in which a man gives up his natural, individual rights is void, because it is an inherent impossibility for a man to alienate himself from such rights. [4] Further, the fundamental principle underlying a principal-agent relationship is a written document serving as a power of attorney or authorization. In this manner, a principal is fully responsible to third parties for the actions of his agent.

Applying these ideas to the national government, Spooner concluded that the government and the Constitution on which it is allegedly based, is illegitimate.[5] The Constitution cannot be interpreted as a social contract because the general laws of agency prohibit such a construction and the type of government that would result. Political representation is based on majority rule and the secret ballot. A legislator claims to be a representative of his constituency; yet he cannot show which voters selected him because of the secret ballot; nor can he produce any power of attorney substantiating his claim that he is in fact their representative; nor can he in good faith lay claim to represent those who voted against him, since they were obviously opposed to his selection. Similarly, the Constitution was only approved by a small number of men when it succeeded the Articles of Confederation. Nor can supporters of the Constitution show legal proof that people living today accept it. Spooner asserted that no government may claim to rest on the consent of the governed unless it has first secured the individual consent of every man who is required to contribute either by taxation or personal service to its support.

All this, or nothing, is necessarily implied, because one man’s consent is just as necessary as any other man’s.

There is, therefore, no alternative but to say, either that the separate, individual consent of every man, who is required to aid, in any way, in supporting the government, is necessary, or that consent of no one is necessary.

All this, or nothing, was necessarily implied in the Declaration made in 1776.

The whole Revolution, therefore, as a Revolution, was declared and accomplished by the people, acting separately as individuals, and exercising each his natural rights, and not by their governments in the exercise of their constitutional powers.…

Thus the whole Revolution turned upon, asserted, and, in theory, established, the right of each and every man, at his discretion, to release himself from the support of the government under which he had lived. And this principle was asserted, not as a right peculiar to themselves, or to that time, or as applicable only to the government then existing; but as a universal right of all men, at all times, and under all circumstances.…

This principle was a true one in 1776. It is a true one now. It is the only one on which any rightful government can rest. It is the one on which the Constitution itself professes to rest. If it does not really rest on that basis, it has no right to exist; and it is the duty of every man to raise his hand against it. [6]

AGENCY RULES APPLIED TO GOVERNMENT

Miss Rand presents representative government as being based on the principle that man is a rational being and that man is able to choose and bear the responsibility for the course of his life.[7] “Politically this principle is implemented by a man’s right to choose his own agents, i.e., those whom he authorizes to represent him in the government of his country”. [8] However, in Spooner’s analysis, there is no distinction between political representation and representation for any other purpose. Agents acting in any capacity whatsoever, either political or commercial, must still abide by the rules of agency which require an agent to produce the authority of his principal. Nor may an agent represent two principals whose interests conflict. At law, if a person purportedly acts as an agent, and subsequently is unable to produce a power of attorney in order to disclose his principal, then that alleged agent is said to have acted solely in his own name, and must ratify and suffer the consequences of his actions and contracts. Of course, if individuals acted in their own name and performed coercive acts such as government agents perform, they would be treated as criminals. Thus, Spooner concluded that government is a secret band of robbers and murderers who are bound by that faith which prevails among confederates in crime.

Men honestly engaged in attempting to establish justice in the world, have no occasion thus to act in secret; or to appoint agents to do acts for which they (the principals) are not willing to be responsible.

The secret ballot makes a secret government; and a secret government is a secret band of robbers and murderers.…

This is the kind of government we have; and it is the only one we are likely to have, until men are ready to say: We will consent to no Constitution, except such an one as we are neither ashamed nor afraid to sign; and we will authorize no government to do any thing in our name which we are not willing to be personally responsible for.[9]

AYN RAND’S ANALYSIS COMPARED

The methods used in the process of political representation are not called into question by Miss Rand. She does not challenge the use of the secret ballot, nor the failure of personal responsibility to attach to political representatives, when they are unable to produce a written document disclosing their principals. However, she does conclude her letter by stating: “No organization has the right to speak for or to act in the name of anyone but its own members. No organization may be taken as an agent for an individual without his personal knowledge or consent”.[10] Spooner would have wholeheartedly agreed, but apparently Miss Rand does not apply this principle to the concept of government as we know it today; for governments as organizations are certainly in violation of her statement.

Spooner consistently maintained that the existence of a lawmaking government or any government, unless voluntarily organized and supported, was a violation of men’s rights. Since it is impossible for men to delegate their natural rights (because such rights are inalienable), it is impossible for ‘A’ to delegate his right of lawmaking to ‘B’, and in return agree to abide by ‘B’s’ laws. Nor can ‘A’ delegate such authority to ‘B’ in order to compel ‘C’ to obey ‘B’s’ laws. Neither lawmaking nor judicial powers can be delegated. [11]

At the same time that Spooner spoke out against improper delegation of power, however, Spooner was willing to admit that men may voluntarily associate together for the end of maintaining justice. Such a justice enforcing association would have to rest on the previously outlined principles of agency. Every man has certain judicial powers or rights. He has by nature the right to judge and enforce his own rights, to judge of or redress his own wrongs. But, in doing so, a man must only act in accordance with his own judgment and conscience, subject to his own personal responsibility if he commits an error injurious to another.

If a man chooses to enter into a voluntary association for the maintenance of justice, he still must be personally responsible for his actions and those of his agents. Particularly those who exercise judicial powers must be at all times responsible for their own actions and decisions. Such so-called “judges” would be personally responsible for any errors resulting in injuries to others. In Spooner’s eyes, a tribunal of justice acting under such instructions should consist of several judges to lessen the probability of any error being made, and all proceedings should be reduced to writing for the protection of the interested parties.

TRUE CHARACTER OF GOVERNMENT

By way of comparing his ideas to contemporary governments, Spooner concluded that there never was a single court of justice in the United States; [12] nor had the Treasury of the government ever an honest dollar in its till.[13] So long as governments depend on coercion, justice cannot be obtained; nor can money used in support of the government be shown to have been obtained voluntarily. If taxation without consent is not robbery, as government advocates maintain, then Spooner deduced that any band of robbers have only to declare themselves a government, and thus their robberies would be legalized.[14] And this is essentially what government is, according to Spooner, robbery under the guise of taxation in one form or another. The true character of government assumes that all human rights of the people are thrown into one large hotch potch, and this heap is then thrown to the lawmakers and members of Congress, for each to carry off as large a portion as possible. The political parties which participate in this plunder are thus standing armies of robbers-each trying to rob each other and prevent themselves from being robbed. [15]

Spooner had great respect for the Common Law and heritage derived from the English struggle for liberty. His theories rested on two primaries: no taxation without representation and trial by jury. The first meant securing the voluntary consent of every man who must support the government, and the second meant a jury trial by peers. Spooner’s legal ethics were summed up in his pamphlet on NATURAL LAW; OR THE SCIENCE OF JUSTICE: A TREATISE ON NATURAL LAW, NATURAL JUSTICE, NATURAL RIGHTS, NATURAL LIBERTY, AND NATURAL SOCIETY; SHOWING THAT ALL LEGISLATION WHATSOEVER IS AN ABSURDITY, A USURPATION, AND A CRIME. Justice is the only principle that any man can rightfully enforce upon others or consent to have enforced against himself. Men may compel each other to obey this law of justice, but outside this realm, no man or group of men may lay claim to violate individual rights. Individual liberty means freedom from all human coercion so long as a person lives honestly, hurts no one, and gives to every man his due. [16]

If men accept a lawmaking government as legitimate, Spooner pointed out, then they must then forego all claims to their individual rights. Once it is conceded that any man or body of men have the powers to make laws, in contrast to the natural law of justice, and can compel other men to obey them, then every vestige of man’s natural liberty is gone.[17] If only one right is arbitrarily taken from men, then all the rest of their rights may suffer. There is no right that the government of the United States considers inviolable. [18] The government does not recognize a man’s right to his own life, for it engages in conscription; it does not recognize a man’s right to his property, for it engages in taxation; and it does not recognize a man’s right to make his own contracts, for it enforces legal tender laws. Such actions only tend to re-enforce the argument that the major enemy of man’s right is government. Nor has government changed since Spooner’s day.

Spooner’s analyses are as pertinent today as when written. He would not accept government for what it claimed to be. He analyzed government from its own legal framework, and saw that it was nothing but usurpation. He blazed a trail which others had started before him, and which libertarians today are still on. Governments must be killed by ideas; not by force. Libertarians today can certainly use the strength and logic of Spooner’s ideas to kill the idea of government and its mystique.

Carl Watner is a student of the works of Spooner. He is interested in corresponding with readers interested in Spooner’s ideas. He may be contacted directly at 1112 Race Street, Baltimore MD 21230.

NOTES AND REFERENCES

[1] This and the following biographical data is based on information supplied by Charles Shively in his “Critical Biography of Lysander Spooner” which appears in Volume One of THE COLLECTED WORKS OF LYSANDER SPOONER.
[2] This and the entire known works of Spooner have been reprinted by M & S Press, Weston, Massachusetts, 1971, in their six volume set, THE COLLECTED WORKS OF LYSANDER SPOONER. When no reference is given, other than a section number reference is made to “A Letter to Grover Cleveland”.
[3] THE AYN RAND LETTER, Vol. 1, No. 21, July 17, 1972, published by The Ayn Rand Letter, Inc., 201 East 34th Street, New York, New York 10016. This is referred to below as RAND LETTER.
[4] Section 7.
[5] See “No Treason, No. VI”, particularly Section 8 of this work.
[6] “No Treason, No. I,” Section 4.
[7] RAND LETTER, p. 1.
[8] RAND LETTER, p. 1.
[9] “No Treason, No. VI,” Section 9.
[10] RAND LETTER, p. 4.
[11] Section 16.
[12] Section 17.
[13] Section 6.
[14] Section 6.
[15] Section 10.
[16] NATURAL LAW; OR THE SCIENCE OF JUSTICE, Section 1, Chapter 1. Also see Sections 3, 4 and 11 of “A Letter to Grover Cleveland.”
[17] Section 12.
[18] Section 12.

The Rescue Project: “We Coerce You in the Name of Preventing Injustice to Others”


By Carl Watner
with Excerpts from Craig Duncan

Craig Duncan is an associate professor of philosophy at Ithaca College (New York). He and Tibor Machan authored a book titled LIBERTARI­ANISM (2005): Tibor arguing for, and Craig against. I first became acquainted with the book in late September 2017, after Gerard Casey called my attention to Craig’s argument that “As the law stands, you do not have legal title to all the pre-tax money that others pay to you in the form of wages, salaries, sales, etc. You only have legal title to your after-tax earnings.” (p. 46) I emailed Craig pointing out that I did not think his statement was accurate. Here is what I wrote:

What is the basis for your statements? Is it to be found in the US Tax Code? Do you think that the Internal Revenue Service would agree with your statement? At most, I think you could say that the federal government has a potential lien on ALL of your property until you have paid the amount that the Internal Revenue Service decides you owe for any given year.
The title – at the time you earn your wages, salary, or engage in exchange of property – is yours, solely; and the federal government has to follow due process procedures in order to file a lien against your property.

Here is how Craig responded on September 28, 2017:

Dear Mr. Watner,

First of all, thank you for reading my and Tibor Machan’s book.

I don’t have my book to hand at the present moment and so I cannot check the page you cite, but I believe at that point I was arguing that taxation is not “legal theft.”  I don’t believe that this point should be controversial.  The real question is whether taxation is “moral theft” – that is, whether taxation violates a moral right you have to keep every penny of your pre-tax earnings. That question takes more work to answer.

My point in the passages you cite is just this:  if I owe $D in taxation to the IRS, then the IRS is legally entitled to those $D.  If they are legally entitled to those $D, then I am not legally entitled to those $D.  If I refuse to pay the IRS the $D, then I am breaking the law.  And if the IRS confiscates $D from me, then they are not guilty of the legal crime of stealing when they do so.  (They still behaved morally wrongly IF they violated a moral right of mine to keep all my earnings, including the $D.  Whether there is such a moral right is a separate question, as I stated in the previous paragraph.)

So when I said (in the passage you quote) that you do not have legal title to all your pre-tax earnings I simply meant that you are not legally entitled to all your pre-tax earnings.

The IRS uses tax levies and tax liens to collect money that it is legally owed. Perhaps you are making the point that you have legal title to the $D until the levy or lien is executed?  Perhaps so, but if so, that is more of a lawyerly game of “gotcha” than a charitable interpretation of what I wrote. Perhaps a tax lawyer would inform me that “not legally entitled” and “no legal title” are not equivalent in meaning (i.e., perhaps “legal title” has a special lawyerly definition I am unaware of).  If so, then I should simply have said “you are not legally entitled to all your pre-tax earnings.”  I am 100% confident that there is some interpretation of this claim that tax lawyers would agree is true.

The genuinely interesting question is about moral rights to property.

Sincerely,

Craig

Craig’s point is that taxation is not theft because there is a government law that entitles the IRS to part of your property. It does not matter whether you agree with the law or not. The government’s definition of property rights takes precedence over what you consider your property (because government agents possess access to overpowering force). Nevertheless, Craig also recognizes that there is a question as to the legitimacy and morality of such a law. When I asked him in subsequent emails to justify his position, he asserted that citizens living in modern industrial societies, such as the United States, in justice do not deserve all they earn because they “partake of technological know-how and physical infrastructure (roads, transportation systems, buildings, etc.) that they did not create … .” This led to a wide-ranging exchange in which I questioned Craig about the justice of taxation, and even of government, itself. In the email excerpts that follow he elaborated on his argument.

[M]uch of the benefits that a given individual enjoys in … a thriving social order is only in part due to his/her inputs (i.e. work, innovations, risk-taking, etc.).  A portion of the benefits that an individual enjoys are a windfall due to the good fortune of being born into a functioning social order. All those individuals who contribute to the maintenance of the social order (contributing to the economy, obeying the laws, giving care within a family, showing mutual respect to fellow citizens, etc.) deserve to share in the good fortune that their fellow contributors are enjoying, at least to the extent of having secure access to a life of dignity (secure access to the opportunity to meet their basic needs and enjoy a reasonable level of control over the shape of the lives).

What the best means are for ensuring that contributors have access to a life of dignity is a social scientific matter. The track record of public and robust social safety nets is better than societies with threadbare nets or wholly private nets (i.e. only charity). It is not hard to see why. In any society, there are a number of menial jobs that must be done, and those jobs will pay poorly. (Since so many people can do them, any particular employee is highly replaceable, thus giving employees very little bargaining power with which to demand good wages.) Those people will have lives blighted by economic insecurity, health insecurity, etc., absent a safety net. But people who (say) drive delivery vans, empty bedpans, clean hotel rooms, stock shelves, etc., are playing a necessary part in the social order which benefits you and me. Such workers do not deserve to live blighted lives. Justice (which I regard as tracking desert) requires that the good fortune that comes with being part of social order be shared with other contributors.

According to Craig a “just system of [govern­ment] property laws will” strive to balance “respect for autonomy” of the person with “an ideal of reciprocity.” Government legislation will attempt to balance autonomy and control over one’s external goods with sharing that property with others who contribute to your prosperity, but who have a lower standard of living than you. “It was the argument of [a] previous email that a laissez-faire economy with no tax-funded social safety net would leave many workers who contribute to your prosperity without secure access to a life of dignity. And that violates reciprocity. Thus it is compatible with justice for the law to define property rights so that you legally owe, as taxes, a portion of goods that you come to possess via economic exchanges.”

Such was Craig’s basic justification for taxation. When I asked him if he endorsed the use of coercion, and its threat, to collect taxes, Craig responded that “how” the money was spent (i.e., its use to support the social safety net) justified using government force, if necessary. He argued that the compulsion inherent in the collection of taxes was coercion done in the name of preventing injustice.  “Such coercion is done not with the main aim of improving those people who are coerced (in this case, those who are taxed), i.e., NOT done in order to say ‘You well-off earners should be more generous, so we are going to coerce you into being more generous!’ It’s done to prevent injustice to someone at the bottom, e.g., to prevent a low-wage worker from having his/her life blighted by financial and/or medical insecurity.”  Furthermore, “absolute moral property rights – moral rights to property so strong that all forms of taxation are regarded as illegitimate – predictably lead to many forms of injustice, namely, the injustices that arise in [an] anarcho-capitalist [system], such as (among other things) a lack of basic security for those at the bottom of society. So, justice doesn’t endorse absolute moral property rights. Not all taxation is thus an injustice, the moral equivalent of theft. Some forms of taxation promote justice rather than violate it.”

In his argument against libertarianism, Craig observed that government does not require the consent of all the people living under its jurisdiction. (See page 56 of LIBERTARIANISM.) Craig argued that:

If the actual consent of every single person were required for any government to be legitimate, then no government will be legiti­mate. That is an impossible standard to adopt in practice. Anarcho-capitalists gleefully agree, and draw the conclusion that no government is legitimate. But their view of the consequences of ancap is implausibly utopian. A more realistic assessment of life under ancap acknowledges that a great deal of misery, grave insecurity, and unfairness would abound. It is implausible to me to think that justice requires us to tolerate such bad consequences. So it is implausible that justice requires the actual consent of every single person for government to be legitimate.

The most that can truthfully be said is that a government is legitimate only if it deserves the consent of all those who live under it. When does a government deserve its citizens’ consent? When it shows adequate respect for citizens’ autonomy and when its laws respect citizens’ just deserts. The latter element requires a social safety net, for a society that lacks a social safety has forfeited any claim to deserve the consent of citizens at the bottom of society. [Those at the bottom of society say,] “The social institutions that we live under do not deserve our consent. We contribute to society – we drive its delivery vans, stock its shelves, empty its bedpans, clean its hotel rooms, pick its fruit, etc. – but we lead lives blighted by financial and medical insecurity. We are thus not living on a footing of reciprocity with others; we are not getting our just deserts. A society that is willing to tolerate this is a society does not deserve our alle­giance.”

Craig agrees with me that taxation is compulsory, but he sees nothing wrong with using violence, or its threat, to collect government revenues. To him it is simply a fact of life because it is required to insure that injustice is not done to those who require a social safety net. As Craig wrote:

To threaten force is not by that fact alone to imply that the audience is criminal or immoral. It is just to say: “Here are the rules of our society, designed to achieve justice. They are authoritative rules, not mere suggestions, and as such they will be enforced.” That’s not to infantilize citizens or treat them as corrupt or vicious or criminal. Compare: there are laws against parental neglect of children, and rightly so. But for our government to create such laws is not to label all parents as people who would refuse to fulfill their duties as parents in the absence of coercion. It’s just to say that these parental duties are important enough to make a basic, authoritative rule. Likewise, the laws that create taxation that is used to fund a social safety net do not label citizens as people who would refuse to fulfill their duties as citizens in the absence of coercion. It’s just to say that these citizenly duties are important enough to make a basic, authoritative rule. (And what citizenly duties are these? The duty to ensure that citizens who contribute to your prosperity do not have their lives ruined by financial and medical insecurity, that is, the duty to live on a footing of reciprocity with your fellow citizens, so that both you and they receive your/their just deserts.)

Here’s an analogy. (No doubt you will find it problematic!) Suppose you join a club. The club says, “Here are the rules. If you break the rules, we reserve the right to kick you out.” That is a threat of a kind, though not a threat of violence, of course. But it is a threat of some kind of penalty. Does the existence of the rule and the associated threat imply, “All you members are no good and have to be kept in line by threats”? No, there is no such implication; it’s just a statement of, “Here are the rules our club will operate by.”

Now, anarcho-capitalist will say: “Exactly, we want ALL societies to be voluntary societies which one is free to join or not!” That’s an inspiring credo – I really do understand the appeal it has for some – but anarcho-capitalists are insufficiently attentive to the problems that predictably would arise in such a way of life …, i.e., various affronts to dignity that many would experience under [a stateless society]. In light of these problems I say that the ideal of “voluntary societies only” comes at far too high a price in human dignity. The better course, in terms of respecting human dignity, is to create involun­tary institutions, but arrange them so that they at least deserve everyone’s voluntary allegiance. If this is done, then such a society will, all things considered, be more respectful of human dignity than an anarcho-capitalist society would.

At this point in our email exchange, I summarized Craig’s argument in the following way: the authority of some people or some group of people to coerce the behavior of others (i.e. collect taxes without their consent) originates in “legitimate governing institu­tions” which rest on the pillars of “respect for autonomy” and the “ideal of reciprocity.” So long as the government does a reasonable job (as determined by those who direct the governing institutions), then the individuals who don’t want to pay their taxes voluntarily must be threatened with coercion or experience government coercion upon their bodies and/or property. I wrote Craig that it appeared to me he was “simply saying that ‘might makes right’ and that the majority of consenting individuals have the right to coerce the behavior of other peaceful people.”

In response, Craig again asserted that government need not obtain the consent of every individual under its jurisdiction since he realized that would be an impossibility. Rather, “What the government needs to do is give each person good reasons to consent” even though some individuals won’t willingly consent, for whatever reason.

[I]magine Rugged Ronnie who owns 100 acres in Montana, say, and wants to take his chances outside the US and live as a “sovereign individual.” The case for the USA being just is not simply that it furnishes benefits to Ronnie. Maybe so, but the stronger reason is that if the USA were required by justice to let people like Ronnie opt out, then over time that would harm the USA’s ability to govern and the harms of anarchy would arise. So Ronnie’s lifestyle preference for total legal independence turns out to have a quite harmful side-effect; by threaten­ing the functioning of government it threatens the well-being of others … . One can think of government as a “rescue project” rescuing others from the harms of anarchy. If the rescue project required consent of all to be just then no rescue project [would be] possible and the unjust harms of anarchy would proliferate. Not a plausible view of justice.

So the answer to Ronnie is NOT “We are coercing you for your own good.” The answer instead is “Our rescue project – our project of instituting law and order – is rescuing many people from the grave injustices of anarchy and this rescue project is impossible if each person is allowed to opt out. So, Ronnie, we are coercing you not for your own good, but because each of us – you, me, and each other person – has a duty to do our fair share of the rescue work, rescuing others around us from grave injustices. We understand that you prefer a different, solitary lifestyle, but your lifestyle unfortunately – since it makes our rescue project unworkable – has side-effects that expose others to grave injustices, and justice does not permit you to be indifferent to the harmful side-effects of your lifestyle preference. So, we coerce you in the name of preventing injustice to others (emphasis added). At the same time, we are mindful of the costs to you of our coercion, and we strive to ensure the costs inherent in supporting the rescue project – i.e. government – are fairly distributed.” (“Fairly distributed” is gauged using reciprocity as a yardstick, as mentioned in previous emails.)

In other words, we need a government to rescue us from the injustices of anarchy.

This very nearly ended our emails.

When I asked Craig his thoughts on how far the rescue project and the social safety net should extend he admitted that he didn’t “have a fully fleshed out answer to offer. But my basic answer is that if a current government is succeeding in rescuing its citizens from the harms of anarchy … then we should count its boundaries as legitimate. The hard cases are where government has broken down. In those cases, the boundaries should be drawn in whichever way is most likely to work, i.e., most likely to yield effective and stable rescue projects … .”

At this point, Craig wrote that he had enjoyed our discussions but that due to time and work constraints he would not be able to co-author an article with me on the pros and cons of anarchy.

[Editor’s Addendum: As in most things involving the government, I am not necessarily opposed to the ends, but I am opposed to the adoption of coercive means. Thus, it is fine for Craig to agitate for a social safety net for those on the lower rungs of the economy, but let him contribute his own money and solicit donations from those who voluntarily support his ideas. I may or may not contribute for any number of different reasons. The fact that a government may balance reciprocity and autonomy has no bearing on whether the government may resort to violence or its threat. When Craig says “we must coerce you in the name of preventing injustice to others,” he is simply saying that the ends justify the means: in his mind, one injustice justifies another; but to voluntaryists two wrongs never make a right. (And that is not even addressing the point as to whether or not an injustice has been done to those that are less well-off.)

Craig sees no reason to obtain the voluntary consent of those in society so long as governing institutions actually deserve their support. But who is to decide whether the government institutions meet this standard? Why should we rely on Craig’s subjective preferences? Don’t those who choose not to support a government have the right to decide whether the government meets their standards? By what right are the non-consenters forced to partic­ipate? Furthermore, Craig has no logical or consistent answer to the question of how far the geographic jurisdiction of a government should extend. Why shouldn’t the less well-off in the United States help provide a safety net for those in Africa who subsist on far less than they do? If the less well-off here are entitled to a safety net, why not those in Africa?

Another topic that I did not discuss with Craig involves the question of “who and how” goods and services are produced. If the less well-off are entitled to a safety net to raise their standard of living, then what happens when the individuals who produce these goods and services decide “the juice is no longer worth the squeeze”? Perhaps the disincentives caused by taxation are such that they would rather join the less-well off than work their tails off. What will happen if they choose not to work as hard as they might, or if they choose to go on strike (as portrayed  in ATLAS SHRUGGED)? Will they be forced to work like slaves or will their decision to slack off be respected? And, if no one chooses to work, how will the safety fund be financed? What Craig seems to forget is that goods and services cannot be consumed until they are produced. Goods and services do not grow on trees. They are the result of capital accumulation and human energy.

As I see it, Craig’s rescue project should really be put in reverse gear. Instead of rescuing us from the harms of anarchy, we voluntaryists really need a rescue project to save us from the harms of government.

We will give Craig the last word. Here is his final Addendum: You write:  ‘When Craig says “we must coerce you in the name of preventing injustice to others,” he is simply saying that the ends justify the means.’   I’ll just add that libertarians are also willing to approve coercion in order to stop injustice from happening, i.e. to stop a rights violation (to stop a theft, an assault, etc.).  So I think the disagreement between you and me is better characterized as a disagreement over the content of justice, rather than over the appropriate means of enacting justice.  We agree that if a justice-based right is being violated, and if only coercion will stop the violation, then those coercive means are justified; e.g. I can tackle someone who is assaulting you.  (This is not to deny nuances exist; e.g. the coercion should be propor­tionate — I can’t shoot dead someone who is attacking you with only his fists, for instance.)  I’m claiming that a low-wage worker who lacks secure access to a life of dignity is a worker who is suffering a rights-violation: justice entails that as a contributor to others’ prosperity, he deserves to be able to live a life of dignity; I’d argue that this in turn entails he has a justice-based right to secure access to a life of dignity.  So the coercion of the social safety net is justified as a necessary means of stopping the violation of right of justice.] [For an interesting history of the social safety net see Watner,  “Voluntaryism and Extreme Necessity,” (Issue 160).]

Oh, The Joys of Slavery!


By Carl Watner

In mid-May 2017, I received a proof copy of Gerard Casey’s book, FREEDOM’S PROGRESS?- A HISTORY OF POLITICAL THOUGHT. In this massive tome of 960 pages, I found several references to a book by Richard Murphy, titled THE JOY OF TAX – HOW A FAIR TAX SYSTEM CAN CREATE A BETTER SOCIETY.

Reading that book didn’t make me sick, but it did make me feel, as Gerard Casey put it, “as if I had fallen down the rabbit hole into some alternate reality” where paying taxes was the norm and where anyone who thought otherwise was considered “paranoid” (as Murphy labeled my way of thinking in an email). Murphy’s book deserves attention because it propagates the views that government is an institution which should exist and which should be supported by taxation. Furthermore, it asserts that when a citizen earns an income, part of the income automatically belongs to the government. Why? Because the taxpayer has agreed to the government’s laws and to “the social contract” under which the citizen and the government coexist.

After I read Murphy’s book, I emailed him. Here are the questions I asked him:

1) How does the government’s property (which the taxpayer is holding in trust until the tax is paid) come into the citizen’s possession?

2) Who created the property and who transferred the property into the hands of the taxpayer(s)?

Could you please explain?

Although Murphy declined to let me quote from any of his emails, I did forward it to Gerard Casey, who responded as follows:

First, congratulations on getting a response from Professor Murphy. Let’s take it step by step.

[Murphy wrote] “The government’s property is [the] tax owing.”

I’m not sure what this is supposed to mean, unless it’s something like “The government’s property is the tax that is owed to it.”

So, where’s the theory of property that would support such a claim? …  Any theory of property must, in addition to providing for acquisition by exchange, provide for original acquisition, otherwise, the whole process could never start. Where is Murphy’s theory of original acquisition? If a government could be shown to have originally acquired all the land over which they now exercise control, then they would relate to their citizens as landlord to tenant. Did/does any government even make such a claim, let alone defend it?

[Murphy wrote] “It comes into the taxpayers’ possession when they make money on which they owe tax.”

Leaving aside the question-begging nature of this assertion, it implies that the government’s property only comes into existence when you (or some other idiot: “only fools and horses work”) makes money. If all the citizens stopped making money, the government would have no property!

[Murphy wrote] “My argument is that they never own the gross sum of their income, they only own the net sum after tax is due, meaning that the tax due is always the property of the government that they merely hold in trust for it.”

This is not an argument; it’s an assertion. An argument requires at least one premise and a conclusion. His conclusion is that the government owns the tax you owe it, and which you are holding in trust for it. The question is, what’s the premise on which this conclusion rests?

[Murphy wrote] “No one as such trans­ferred this property to the tax payer: the property was created by the taxpayer but is not theirs to enjoy because it belongs to someone else – the government.”

His whole screed is simply the repetition of the same non-argumentative assertion – you don’t own all of your income – the government owns part of it. (Why not all of it, by the way, and why the proportion that it does claim?) Interestingly, this last repetition of his assertion contains the seed of a counterargument against it. If X creates Y then, prima facie, barring some form of antecedent alienation, X has the best claim to own Y. So, if the taxpayer creates the property, then it is hard to see why it (or part of it) should be deemed to belong to someone else. Was there an antecedent agreement to this effect between tax-levier and tax-payer, justified by some variation on the ‘tacit consent’ argument? If so, then the usual objections to this dubious doctrine apply. If not, then what?

I then wrote Murphy a second time as follows:

Before I sent you my email, I had composed a short article titled “Oh, The Joy(s) of Slavery!” (draft attached) in which I tried to lay out your definition and argument for tax. I sent you my email in an attempt to better understand your position.

It appears that the basis of your position on tax is that

(A) all money and property possessed by the citizens of a country belong to the government.

Am I correct in thinking this?

If so, how did the government come to own everything? What is your theory of original acquisition?  It would appear that the property that I own was obtained by my exchanging my labor for money and then exchanging that money for food, shelter, and clothing, which other individuals have produced. Other individuals come to own things in the same way. How do such products created by the activities of individuals become the property of government?

If your position is A, is that position an axiom, neither having nor requiring evidential support, or does it rest upon some evidential base? If so, what is that base?

No one I know has explicitly agreed that when they create property it then automatically becomes government property. Does your  position depend upon some form of the doctrine of tacit consent? You would probably respond that their agreement is implied by an individual’s continued presence in the country where they reside. However, I can assure you that there are some citizens who would deny this.

Would you agree that A (above) imposes on citizens a form of involuntary servitude, that is, slavery? If not, why not?

When Murphy responded, he appeared very upset with me. He would not agree to let me quote from his emails because he considered my interpretation manipulative and bizarre. He basically accused me of putting words in his mouth. He would not agree that the government owned all the citizens’ income and property, but only that before people create their income, they have agreed to be taxed. Then whatever they “owe” in taxes automatically becomes the government’s property (which they hold in trust for the government until such time as the tax is due).

After all of these email exchanges, Gerard Casey sent me a link to another article containing arguments similar to Murphy’s. It was written by Philip Goff, an associate professor in philosophy at the Central European University in Budapest, and is titled “Is Taxation Theft? – The assumption that you own the contents of your pay-packet, although almost universal, is demonstrably confused.” So Murphy is not the only academic thinking this way. This is government propaganda and indoctrination, pure and simple. Its aim is to make the citizen a docile taxpayer, who never questions the legitimacy or morality of government or its revenue-collecting processes.

In looking back, Murphy is correct that he never actually wrote that all the taxpayer’s property belonged to the government. However, he clearly asserts that the government has a lien on the taxpayer’s property and income, which if not satisfied allows the government to confiscate enough of it to satisfy its lien. I would have been more prescient to have asked him where and how this lien originates. Even better, I should have asked him why he assumes a coercive, monopolistic institution, like government, should even exist.

You, the reader, must decide who is right and who is wrong. Do you really think you owe the government the tax(es) it demands? That decision will affect your pocketbook for the rest of your life.

Here follows the original essay I sent to Murphy:

In his 1973 libertarian manifesto, FOR A NEW LIBERTY, Murray Rothbard observed that “it is startling for someone to consider taxation as robbery, and therefore [view the] government as a band of robbers. But anyone who persists in thinking of taxation as in some sense a ‘voluntary’ payment can see what happens if he chooses not to pay. … [So] [w]hat distinguishes the edicts of the State from the commands of a bandit gang? … Indeed, it would be a useful exercise for nonlibertarians to ponder this question: How can you define taxation in a way which makes it different from robbery?”

Now comes Richard Murphy to answer these questions in his book, THE JOY OF TAX (2015). His answer is clear and concise:

tax is that property held in trust by an indivi­dual or company that is due to the state whose right­ful and legal property it is.(46, emphasis in original)

In other words, as Murphy puts it, “tax is actually the government’s money that we sometimes hold on its behalf.” (46)

What Murphy neglects to explain is: How did this money (or property) belonging to the government get in to the hands of the taxpayer in the first place? Was it stolen by the taxpayer from the government? Who originally created this property and how did it come into the hands of private citizens?  Although he does not come out directly and say it, the whole premise of his explanation is that all property and money “owned” by the citizens of a country belongs to the government, but he never explicates how the government comes to own everything. This also explains his statement that  “the action that we call paying tax is actually the process by which we transfer to the government that part of the funds that we hold which rightfully are not ours but are in fact the property of the state.” (46) And as he adds a page later, “We do not own our gross income, we only own our net income. (47-48)

Murphy takes issue with the online Oxford Dictionary’s definition of tax as “A compulsory contribution to state revenue … .” (33, emphasis in the original) He claims that taxes are not collected under duress because people (a) have “the right to vote in  elections that result in the formation of governments that set the taxes in the countries in which they reside”; (b) “those same people also have a right to try to influence the democratic process”; and (c) they “have a right to leave the country if they really do feel they are being compelled to do something they do not want.” (35) Nevertheless Murphy admits that it is “impossible to deny” that there is some “element of compulsion to tax,” but he points out that compulsion is not an essential element of the tax system. (40) He argues that since most people consent to the government they live under, any compulsion found in the laws enforcing collection of taxes is not really compulsion. Follow this reasoning if you will:

Just as most of us refrain from burglary without the requirement of any law to tell us not to do so, so do most of us in a modern democracy voluntarily pay our tax. It is for those who break the norm of society, by refusing to comply with what most of us think is the right thing to do, that we have law that penalizes anyone who persists in doing the wrong thing. The fact that we have these laws and use them relatively rarely … is not evidence of compulsion but the exact opposite, which is that compliance is the norm that needs to be enforced only exceptionally. (41)

In other words, the violent penalties (imprison­ment and/or confiscation of your property) for not filing a return and/or not paying your tax is not compulsion. Or if you believe Big Brother  in 1984, “War is Peace; Freedom is Slavery.”

Nowhere in his discussion does Murphy discuss how property comes into rightful ownership. He simply assumes that the government owns everything in the area over which it claims jurisdiction. As I observed earlier, Murphy’s philosophy of “voluntary” tax is based on the claim that “tax represents the ‘consideration’ paid by people who live in a country in exchange for the social contract that exists between them, its government, and each other.” (156) What this social contract implies is that all monies and property coming into the possession of the citizen belongs to the government. So long as the citizen pays his rent (the tax) to the actual owner (the government) he may retain temporary possession. Failure to pay will result in seizure (foreclosure) of the property and it being auctioned off to the highest bidder, who will then have to make payments to the state.

Near the beginning of his book, Murphy writes that “the ability to tax is an exercise in economic power over others.” (18) Later he writes that “the reality is that … tax can be seen to be one of the cleverest of human inventions … .” (51) Legitimizing taxation in the eyes of the taxpayers, and convincing them that they actually owe the tax is not only dia­bolically devious and deceptive, but is the simplest and least costly way of reducing the amount of violence required to collect money and property from the government’s citizenry. Taxpayers are happiest when they think there is no alternative (as in “death and taxes are inescapable”); just as slaves are happy when they think there is no alternative to slavery. Both the taxpayer and the slave are content to turn over the products of their labor to whomever “exercises” economic power over them. But voluntaryists are not content to be tax slaves because they view taxation as “sophisticated slavery” and “a disgrace to the human race.” Voluntaryists find no joy in slavery.  Nor do they find any joy in taxation. If Richard Murphy enjoys paying his taxes, let him do so, but let him keep his Joy to himself.

Short Bibliography

Anonymous, “Do You Really ‘Owe’ Those Taxes?” THE VOLUNTARYIST, Issue 159, 4th Quarter 2013.

Richard Murphy, THE JOY OF TAX, London: Transworld Publishers, 2015. Page numbers within parentheses refer to this edition.

Marco den Ouden, “Sophisticated Slavery,” THE VOLUNTARYIST, Issue 163, 4th Quarter 2014.

Murray Rothbard, FOR A NEW LIBERTY, New York: The Macmillan Company, 1973. See pp. 54-55 in the first section (“The State as Aggressor) of Chapter 3, “The State.”

Carl Watner, “Moral Challenge II,” THE VOLUNTARYIST, Issue 141, 2nd Quarter 2009.

Carl Watner (editor), RENDER NOT: THE CASE AGAINST TAXATION, Apple Valley: Cobden Press,  2011.

Addendum

Philip Goff, “Is taxation theft?” https://aeon.co/essays/if-your-pay-is-not-yours-to-keep-then-neither-is-the-tax accessed September 23, 2017.

From Conservative to Libertarian: Some Memories of Robert D. Kephart.


By His Widow, Janet Kephart

[Editor’s Note: Robert Kephart was instrumental in providing the seed money in 1981 to begin The Voluntaryists.]

When I met Robert Kephart in 1968, he was and had been for most of his life, a conservative. His “dream job” came to him in 1964 when he became publisher of HUMAN EVENTS, a well known and well respected conservative publication. He eventually became part owner, along with the two editors, Thomas Winter and Alan Ryskind.

Around 1971, Bob, quite by accident, met someone who introduced him to the ideas and principles of libertarianism and to some of the libertarian luminaries such as Karl Hess, Roy Childs, Walter Block, Murray Rothbard, and many others. He soaked up the information like a sponge. As with so many other things in his life, he was determined to know everything about it and set out to meet everyone associated with it.

In 1972, he started a newsletter called BOOKS FOR LIBERTARIANS, which in 1974 was turned into a publication called LIBERTARIAN REVIEW, edited by Roy Childs. His political ideas continued to be shaped and he “no longer accepted the political process as a road to social progress and became a hard-core libertarian” (David Dittman, PERSONAL FINANCE, 12/23/09). This was a perfect summation of Bob.

Also in 1974, we left HUMAN EVENTS and started Kephart Communications, Inc. to publish financial newsletters. PERSONAL FINANCE, at its peak, had about 100,000 subscribers. From that grew TAX ANGLES (with Vern Jacobs) and SURVIVAL TOMORROW (with Karl Hess). There was also Audio-Forum, a spoken-word cassette service, and Alexandria House Books. Everything Bob associated himself with was cast in a libertarian, or anarchistic, light. He couldn’t help it – it was so embedded in his brain and his being that there was no other way he could think about things and he lived it every day.

Along the way Doug Casey, Andrea Rich, Mark Skousen, Jack Pugsley, Robert LeFevre, John Hospers, Harry Browne … the list goes on and on with many, too many, people to list here, all influenced Bob.

Bob was legend for helping people – getting them jobs, mending broken friendships, offering advice. He always said what was on his mind. I don’t think I ever saw him hesitate to help when some one asked (and often when they didn’t!). He was kind, generous and loving … but could be crusty, impatient, and very forthright. Those who got one of his “I thought you were my friend…” letters knew they better figure out what went wrong.

He was a true friend of liberty and I will always miss him!

“The Buck Stops Here”: Voluntaryism and Counterfeit Money


by Carl Watner

Twice in my life I have been stuck with counterfeit paper money. As I have written before, all US government money is really counterfeit, but the kind of counterfeit I am discussing in this article is paper money produced by non-government agents and passed into circulation under the pretense that it really is government-produced money. [1]

My first encounter with a fake was when a customer gave me a $100 bill, which I innocently took to the bank to get changed into twenties. The teller took it, went into a huddle with the other tellers, and came back and told me, “Counterfeit.” The bill was actually a $5 note that had been bleached and turned into a fake $100. A counterfeit pen would not have detected it because it was on “authentic” paper. You could hold it up to the light and see a magnetic strip in it, but the strip read “five” instead of “100.” Also the hidden picture of the president was Lincoln, not Franklin.  The bank confiscated the fake and I was out $100. However, I knew the person who gave it to me, whom I called. He apologized and promptly brought me five twenties. [2]

The second time, I was given a $20 which I put into a deposit that went to the bank. Same routine. Only this time the note was in a bunch of twenties that the teller ran through her automatic counter. The machine stopped when it got to the fake. There was no magnetic strip in the paper, and when put on top of a real twenty dollar bill you could see that it was trimmed somewhat smaller than the real thing. [3] Still, it looked authentic. The bank confiscated this piece of paper, and I was out twenty dollars. In all probability, the person who passed it to me hadn’t known that it was counterfeit either.

What is interesting to note about these episodes, particularly if you are a voluntaryist?

First. According to the government, counterfeit paper money does not belong to you. The United States Secret Service website, “Know Your Money,” instructs that if you receive a counterfeit you should not return it to the person who gave it to you. It is against federal and most state laws to possess fakes. You are to surrender the note to the police, bank personnel, or Secret Service agents.

Second. There is such a thing as private crime protection insurance that a business may purchase. It may include coverage for forged checks and money orders, and counterfeit currency fraud, as well as employee theft and computer fraud.

Third. You may go on the offensive, and protect yourself by screening all paper money. Look for the watermark. Read the magnetic strip. Test with a counterfeit detection pen.

Fourth. What should be done if you are presented with a counterfeit note, which you detect before you accept it? The right thing to do would be to refuse it and tell the person who presented it to you that you must have another legitimate bill. It is not your responsibility or obligation to seize their paper money, even if it is counterfeit, any more than it is your obligation to seize their untaxed distilled spirits or illegal drugs.

Fifth. What should be done if you detect a fake note after you have accepted it and put it in your pocket? If you know its source, you might try to have them reimburse you. Not knowing its source, you are faced with two alternatives: knowingly pass it along to some other dupe who presumably would not realize it is fake; OR suffer the loss and continue on your way. The voluntaryist would choose the latter alternative. He or she would “turn the other cheek” and vow to improve his or her defenses against accepting counterfeits. Use a counterfeit detection pen regularly and check each and every bill more carefully. Take care of the means, and hopefully you’ll be as counterfeit free as possible. What the voluntaryist would not do is knowingly pass on a fake. That would be fraudulent. Being a person of integrity and responsibility, the voluntaryist knows that “the buck stops here,” and that he or she should have been more careful to protect against becoming a victim of fakers.

Footnotes

[1] See the interesting article by James E. McAdoo, “A Perfect Counterfeit,” THE FREEMAN, December 1975, pp. 722-726, in which he discusses the similarity between the effects of fractional reserve banking and undetected counterfeiting. Also see the Chart on page 8 of THE VOLUNTARYIST, Whole No. 115 (4th Quarter 2002) comparing “Real Money, Counterfeit Notes, and Federal Reserve Notes.”

[2] Though the note was forfeited to the government, who was entitled to the real five dollar bill on which the fake was printed?

[3] In “Technical Topics,” THE MATCH, Issue 112 (Fall 2013), p. 70,  Fred Woodworth observes that photocopiers automatically shrink or enlarge “images by about half of one percent” in order to “prevent people from making really accurate sized copies of cash … .” The copiers are programmed this way and “one cannot get around it by juggling the enlarge/reduce capability” feature.

 

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Test Money Chart


by Carl Watner and Dave Scotese1
From Issue 174 – 3rd Quarter, 2017, and revised March, 2020

 

Real Money Counterfeit Note2 Federal Reserve Note Bitcoin
What is it? Coins of gold or silver Piece of paper Piece of paper Generated by computer software
What is its essence? A specific weight and purity of precious metal Paper with ink Paper with ink sanctioned by government  

A cryptographic credit for protecting transaction data

How is it made? Made from a metallic element found in nature Fabricated from a man-made product without government sanction Fabricated from a man-made product at government-approved printing facilities Generated by computer algorithms within predetermined limits
 

What non-monetary uses does it have?

Industrial and ornamental uses make it valuable to people Has no use except as paper Has no use except as paper None
 

How do multiples compare to the original unit?

 

Multiples have proportionally greater weight than originals Multiples have different numbers printed on the same amount of paper Multiples have different numbers printed on the same amount of paper Multiples are generated by the same method as originals
Is acceptance forced or voluntary? Voluntary: historically a medium of exchange for at least 5,000 years  

Functions as a medium of exchange until its false nature is discovered

 

Functions as a medium of exchange by government edict (legal tender laws) Voluntary: trading began in 2009 after the creation of the computer software
On what does its exchange value depend? Exchange value depends on supply – as determined by the amount mined, and demand. Its exchange value has exhibited a remarkable stability over centuries. Presumed exchange value decreases with amounts created at the whim of the counterfeiter Presumed exchange value decreases with amounts created by the Federal Reserve  

Exchange value is determined by the market participants with reliance on the creation schedule of its finite supply

What special requirements must be met to use or accept it? Accepted by many millions of people all over the world, generally without hesitation Accepted until its counterfeit nature is discovered Accepted until confidence in the issuing government evaporates  

Must have appropriate internet connection and computer software or trust someone who does

 

Is there risk of counterfeit? Yes, but harder to counterfeit than paper notes. See footnote 2. 100% risk Cannot be distinguished from a perfect counterfeit Computer authentication makes it impossible to spend attempted counterfeits
What are the security risks? Location must be accessible. Must be protected against theft, but is not destroyed by fire, water, or wind. Same risks as Fed Res Note and will be seized and forfeited to the government if discovered. Location must be accessible and be protected against theft, fire, water, and wind. Private keys must be protected from disclosure. Computer communications with others necessary to execute transactions.

 

1An expansion of “A Comparison,” first published in Issue 115 (4 th Quarter 2002), page 8.
2This comparison only includes counterfeit paper notes, not attempted fakes of metallic coins. During the heyday of real money, numerous devices, described as counterfeit or fake money detectors, existed. In the United States the “Gold Prohibition Act of 1934 calling for the confiscation of all gold coins, except those considered ‘rare,’ marked the disappearance of the fake coin detector.” Their modern counterpart is available through Fisch Instruments. See www.thefisch.com and THE FISCH PRECIOUS METAL BUYERS GUIDE, 6th Edition, July 2012, page 5.
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The Aristocratic Spirit


By Hanford Henderson

[Editor’s note: This article first appeared in Volume 211, THE NORTH AMERICAN REVIEW, March 1920, pp. 387-401. We found it on the “Wayback Machine” which archived it from JSTOR.]

At such a critical moment as the present, when turmoil prevails everywhere, and the earth itself seems palpitating with violence, it is a strange situation, and somewhat sinister, that the one thing which would bring tranquillity and an almost passionate return to the beautiful arts of peace, is the very thing which on all sides is now being flouted and defamed — I mean the aristocratic spirit.

Those who were born to this spirit, or who have, by adoption, made it their own, must always marvel that its inspiration and devout rule of life have not been seized upon with greater eagerness and by larger numbers. It must be that in the hurry of every-day life its claims have been overlooked by some, and misunderstood by others. There are, I think, three specific reasons why the aristocratic spirit has not made headway against the more popular currents of the hour. They may properly be called the three antagonisms.

The most obvious and most excusable antagonism is also the most wide-spread. It is, like so many other antagonisms, the direct result of a quite complete misunderstanding. Men have been called aristocrats who were entirely untouched by anything so beneficent as the aristocratic spirit. Societies have been classed as aristocratic when in reality they were doing violence to the very fundamentals of that spirit. The term aristocracy has been made a term of reproach as the imputed possessor of the very qualities which it would itself be the first to repudiate. To answer the first antagonism, one has only to define the aristocratic spirit, but one must do it carefully. In reality, this spirit is subtle, pervasive, penetrating, but it is not complex. It is as delicately simple as a child, and as easily understood, provided, of course, that one has not oneself wandered too far from the kingdom. I should define the aristocratic spirit as the love of excellence for its own sake, or even more simply as the disinterested, passionate love of excellence. The aristocrat, to deserve the name, must love excellence everywhere and in everything ; he must love it in himself, in his own beautiful body, in his own alert mind, in his own illuminated spirit and he must love it in others ; must love it in all human relations and occupations and activities, in all things in earth or sea or sky. And this love of his must be so passionate that he strives in all things to attain excellence, and so tireless that in the end he arrives. But not even the hope of Heaven may lure him. He must love and work disinterestedly, without the least thought of reward, enamored only of the transcendent beauty of excellence, and quite unregardful of himself. It is this impersonal requirement which makes salvation at once so simple and so paradoxical, for it is literally true that to save one’s soul, one must lose it; one must go back to the kingdom of the child, where subject and object are one, and the unique reality is absorption in a universe.

If one accepts this simple and true definition of the aristocratic spirit, it becomes quite obvious that aristocracy is an attitude of mind, a religion, and not a social group. Aristocrats do not constitute a social class in the concrete sense that laborers, or artisans, or professional men, or capitalists do. At most, aristocrats may be said to make up a party, since they are found in all classes of society. To be an aristocrat one must be the unselfish devotee of excellence, and happily such devotees are found in every walk of life, from the humblest to the most exalted. It is a grave mistake to confound aristocracy with social station, or with any other outer trapping. In the hot crucible of events, tinsel withers, while gold refines. The Great War has been such a crucible and it has put kings as well as commoners to the test. To love excellence, not the appearance of excellence, and to love it disinterestedly, and not for the sake of the loaves and fishes — this is the whole creed of the aristocrat.

When it is urged against the so-called aristocracies of the past that they were the class of privilege and prided themselves upon their exclusiveness, the criticism is perfectly just, but is not a criticism of the aristocratic spirit; it is evidence that this high spirit was sadly lacking. Greed, arrogance, snobbishness, cruelty can never be the qualities of an aristocrat, for the excellence which he seeks in the great outer world, he seeks still more passionately in himself. It is a contradiction to say that aristocracy asks privilege or seeks exclusiveness. Such a policy is contrary to the doctrine of perfection. What the aristocrat wants, and wants passionately, is that all the world shall come into that same love of excellence which makes his own life such a profound delight. He may accept nothing which others may not have upon precisely the same terms, and the terms are unremitting, passionate effort. The injunction, Be ye perfect, was not addressed to any class or any group — it was addressed to mankind. To strive without thought of reward, to love the good, the true, the beautiful for their own sake — the man who does that is an aristocrat. He may be a day-laborer, an artisan, a shop-keeper, a professional man, a writer, a statesman. It is not a matter of birth, or occupation, or education. It is an attitude of mind carried into daily action, that is to say, a religion. Aristocrats form a world-wide party, a party with wide-open doors, but they do not constitute a social class. And if at times they seem to be exclusive, it is simply because they decline to call excellent the things that are not excellent. They demand of others what they demand of themselves, obedience to a difficult and severe discipline.

The second antagonism to the aristocratic spirit is the antagonism of antithesis. Democracy is set over against aristocracy. They are commonly presented as the opposite poles of the social creed. It is quite natural, therefore, that the current over-praise of democracy should involve, by implication, a corresponding dispraise of aristocracy. At the present moment it does not seem to occur to anyone to defend or even indeed to define democracy. Its merits and its nature are alike taken for granted. For many it sums up all that is most desirable in human affairs. When one wishes to praise a man, whether he be king or commoner, landlord or tenant, one has only to call him democratic and the praise is bestowed. When Mr. Wilson coined his now famous phrase, “To make the world safe for democracy,” the poor old world went quite wild with enthusiasm. The phrase has been repeated by such multitudes, and so ceaselessly that even its friends have grown a bit sick of it. It is no longer a phrase to conjure with. Yet the poor old world still insists that democracy is what it believes in, and what it wants, and still takes it for granted that democracy needs neither defense nor definition. There is something strangely touching in this simple faith in the saving power of democracy, and something equally pitiful in the current ignorance of what democracy really is. It sounds like a passionate, heart-broken cry to the unknown gods, and the pity of it is that the unknown gods do not answer, and the hungry multitudes show signs of bitterness and disillusionment. All human terms are vague, for they must be defined in terms of other terms. Our most precise language is only approximate. This is one of the many reasons why emotion transcends in validity the nicest academic phrase; why our swift intuition eternally outvalues the most labored statement. We can genuinely share another man’s feeling, while at best we can only approximate his language. In the matter of vagueness, the term “democratic” is particularly unfortunate. It has two quite different meanings, one social and one political, and to the masses at least it has a third and confusing connotation as the name of an active political party which may in reality be more or less democratic than its several rivals. To the man in the street, all this is certainly confusing, and when he shouts for democracy and to have the world made safe for democracy, he is, for the most part, simply making a noise.

Bearing in mind the unlimited praise of democracy that one hears on all sides from persons important and unimportant, one would naturally expect it to offer some rule of life which would satisfy a universal aspiration of the human heart. But in reality this very natural expectation is never realized. The result of any effort to get at the inner heart of democracy is amazingly disappointing. One finds indeed that strictly speaking it has no inner heart, no genuine content, no sufficient ground on which to build either creed or ideal. It offers no rule of life that the earnest seeker after righteousness can lay hold of and apply. Whether one use the term democracy in its social or its political sense, it offers no discernible goal. The amazing, disquieting thing which such a penetrating scrutiny reveals is that a democratic society is totally without compass. It may face in any direction whatsoever, toward heaven or toward hell. And a democratic state is equally at the mercy of chance tides. One finds in democracy no goal either expressed or implied. What one does find is simply a method. I am not arguing that this method, when applied to suitable goals, is not extremely valuable, but what I am pointing out is that democracy itself does not supply these goals. It supplies merely a highly generalized method. When, therefore, one offers democracy to a grief-smitten, heart-broken world as a panacea for its mortal pain, and such empty phrases as “to make the world safe for democracy” as the slogan for its effort, one offers a stone instead of life-giving bread.

What then is the method of democracy? I should say in a large way that the method of democracy is the method of the whole. Its major characteristic is that everybody shall be included. This is the wholly admirable element in democracy, and one can hardly overpraise it, for this inclusiveness is at least the beginning of justice. But mischief enters almost as soon as the method begins to be used, for this is commonly done without discrimination, and ends by setting up a quite hopeless confusion of values. Once more I am tempted to quote those wise words of the blessed Bhagavad-Gita, that he who loses discrimination, loses everything. The composite whole for which democracy so resolutely and so loyally stands may be complete and all inclusive without the false assumption that its component parts are either alike or equal. But democracy makes this false assumption in practically every case, and so vitiates an otherwise admirable method.

It is this curious lack of discrimination which has made the social method of democracy so conspicuous a failure. The method presupposes a similarity of taste and an equality in spiritual and intellectual development not borne out by the most rudimentary social experience. As Miss Etchingham remarks, people are only amused by what amuses them. Happily for the world, they are amused by very different things; and it is one step in toleration when I realize that my neighbor has as valid a right to his amusements as I have to mine, provided of course that neither one of us interferes with the other. The democratic ideal of having everybody join in would make for an excessively dull time, for half of the players would not know what the other half were up to, and the game would fall very flat. When I was a small boy I noticed that certain of my relatives always bored me, but having a well developed family conscience I still felt it my duty at stated intervals to go to see them. One day, however, I had an illuminating thought. It was simply this, that if they bored me so persistently, in all probability I bored them equally or even more, and after that my conscience was quite clear. The same obvious principle applies, I think, to larger groups and more serious affairs.

Even more mischievous than this insistence upon an alikeness which does not exist is the democratic insistence upon an equality which is also unreal. That all men are created free and equal is a sufficiently accurate statement of legal status, but a deplorably inaccurate statement of our actual experience of human quality. It requires very slight reflection to see that large numbers of men are distinctly inferior to one’s self, and that goodly numbers are superior. But one need not go outside of one’s self for the material of such a comparison. One has only to contrast the man of today with the same man, ten, twenty, thirty years ago to be acutely aware of their inequality. And it would be profoundly discouraging if these long, arduous years of effort brought no result. The doctrine of equality calls in question the whole evolutionary process, the Pauline doctrine of growing in grace, the heroic individual struggle for perfection, all the forces that press men on towards righteousness. If after all is done and said, the man who tried is no better than the man who didn’t, the whole process of human life is a ghastly tragedy. One would be quite justified in saying that the game is not worth the candle.

That social democracy makes for a sense of brotherhood, and a friendly, human intercourse among all sorts and conditions of men is its one practical glory, but it is not unique in this. Common sense, mere every-day decency, the most elementary good breeding make for an equally gracious intercourse. Certainly no true aristocrat falls short in this respect, for the idealizing of all human relations forms an integral part of his passionate quest of excellence. As a matter of fact, equality among men is mere eighteenth century theorizing. The observed fact is a profound, inescapable, much-to-be-desired inequality. It is the very condition of progress. It would be a poor world without leadership, and leadership implies a larger vision and a greater power.

In politics, the democratic method is the method of the whole carried to the extreme. Its doctrine of equality, denied social expression by the common sense of all concerned, finds political expression in universal suffrage, and harms even those whom it is supposed to benefit. To give every man and woman a vote, and to declare these votes equally important and significant is both unsound and mischievous. The man who has no property stake in the community, who assumes no duties for the maintenance and defense of the state, who is ignorant of its history and institutions and literature, who does not perhaps even speak its language fluently, may indeed be a man, but he is certainly not a qualified citizen, and has no moral right to a voice in government. Mr. Lincoln, in spite of his greatness, made the signal mistake of giving the vote to the ignorant freedmen of the South. Subsequent statesmen, less great, have made an equal or even larger mistake in extending it to still less desirable aliens. Universal suffrage is a characteristic example of the democratic failure in discrimination. Desiring all men to be equal, the democratic spirit asserts that they are equal, and if equal, are entitled to identical privileges. Universal suffrage may properly be the goal of every civilized and progressive state, but it is a political and social crime to bestow the suffrage before it is honestly won. An electorate not properly qualified is an ever-present public danger. An ignorant democracy soon ceases to be a democracy, soon finds it inconvenient to represent and include the whole, and becomes that obnoxious form of tyranny, a dictatorship of the proletariat.

But passing over these grave objections to the democratic insistence upon equality, and accepting for the moment the accomplished fact of universal suffrage, we moderns stand face to face with a new danger, or perhaps an old danger now immensely augmented, which is a direct and inevitable outcome of the method of the whole when carried politically to the extreme. I mean the substitution of impulsive mob rule for a more judicial and temperate representative government. It is entirely possible, even in the complete democracy resulting from an unrestrained suffrage to have such a government, but it presupposes an intelligent electorate which recognizes that government is both an art and a science, and requires for its proper administration a preparation quite as thorough and complete as is required by law or medicine or theology. In this view of things government, to be successful, requires expert service, is overwhelmingly a matter for experts, and may not be left to the casual whims of the man in the street. But the democratic doctrine of equality, with its method of the whole, has recently shown a disposition, in the referendum and recall, and still more radical measures of popular appeal, to withdraw the government function from the hands of its own chosen representatives and experts, and to place it, in spite of its delicacy and complexity, directly in the hands of the mob. It is not a method which promises wise counsels. This same disposition to ignore the chosen representatives of government, and to appeal over their heads directly to the people is discernible in certain popular leaders in both America and England. It is a tendency much to be regretted, and is largely responsible for the growing disregard of law and order, and the too great readiness of both individuals and groups to take the law into their own hands. The President himself has set the world an unfortunate example. In appealing to the Italian people over the heads of their chosen spokesmen, he committed not only a grave international impropriety, but he gave countenance to a procedure which in his more judicial moments he would presumably be among the first to deprecate.

I have spoken at such length about democracy because I have wanted to make it abundantly clear that there is no possible antithesis between aristocracy and democracy since they do not belong in the same category. Aristocracy is a flaming ideal, a defensible goal, a devout rule of life ; while democracy has nothing to offer in the way of ends, and in the way of means, offers a method which in spite of a certain bigness, is quite as likely to land one in a morass as on the mountain.

The third antagonism to the aristocratic spirit is the least creditable of all since it shows humanity at something like its worst. It is the antagonism of resentment. There are few indeed who have not noticed this resentment, — the sneering, ill-tempered resentment which a self-conscious, uncomfortable inferiority feels in the presence of every superiority. Many men and women, in all walks of life, have the intelligence to recognize the beauty of righteousness, but have not the character to make that beauty their own. They are the people “who see the right and yet the wrong pursue.” In the last analysis, of course, they do not really see the right — they only half see it — for no mortal, I honestly believe, can have the full vision of righteousness and not ever afterwards be constrained to follow it. He may go haltingly; he may stumble and fall ; he may be blinded and seduced by false lights and siren voices, but always in his heart of hearts, the great loyalty persists, and here or elsewhere, he will arrive. The aristocrat is not disposed of by calling him, however derisively, a very superior person, for that is precisely what he sets out to be, under the belief that a world of very superior persons is much more worth while than a world of rowdies and toughs. If he is sometimes irritating, it must be remembered that any self-complacency represents a failure to carry out his own ideal, and is not a part of the ideal itself. No one is more conscious of failure than the aristocrat himself, — he is his own most severe critic — but he has the courage to risk this failure, for he knows that we only learn to walk by falling down. And often he is constrained to say with Rabbi Ben Ezra, “What I would be, and am not, comforts me.”

The strength of this third antagonism must not be underestimated. Like the conscience, the aristocratic spirit calls much in question, and does it so silently, so persistently, so accusingly that meaner spirits chafe under the condemnation, and feel a resentment which rapidly mounts to the pitch of antagonism. The defensive attitude which we all put up when we are tempted to do a second-rate thing and to brave it out is an all too common illustration. Qui s’excuse s’accuse.

As I said in the beginning, the aristocratic spirit is the one thing in these very troubled times which would bring tranquillity and an almost passionate return to the beautiful arts of peace. It would do this great thing because it is not an empty phrase, but a flaming ideal, a devout rule of life, a religion, and as such is the inevitable producer of results. The aristocrat is a devotee, a seeker after perfection, a knight-errant bent upon a tireless quest. Let us inquire, then, very briefly, how the aristocratic spirit meets some of the hot questions of the hour. We shall find that contrary to popular impression this spirit stands aloof from no human issue, but concerns itself with all, from the smallest to the greatest. On none of these issues does it speak with hesitation or equivocation. There is no empty beating of the air, no phrase making. Its verdicts are simple, direct, understandable; and each verdict may be turned at once into practical action.

Let us begin with the most profound of all human concerns, with religion. The status of religion at the present moment is in dispute. The tragic bereavement brought about by the War, the untimely death of such a goodly number of young men, has turned the attention of millions of persons to spiritual matters and to the consolations offered by religion. Rachel, mourning for her children, yearns to be comforted, and spiritualism has come into its own. Whether this is a passing phase, or the herald of a more genuine religious revival, remains to be seen. But meanwhile it is regrettably true that other multitudes have openly thrown aside the decencies imposed by religion, and that wave after wave of crime sweeps over communities once orderly and law-abiding. One could easily believe, after reading the morning’s paper, that the world stands face to face with a recurrent Dark Age brought about, as always, by our many sins. In the midst of all this chaos, on the one side excessively personal demands and on the other contemptuous indifference and denial, the aristocratic spirit stands serene, and in a very deep sense, untroubled. It is itself a religion, but while it joins with all those forms of religion which seek the perfect way, it differs from many of them in seeking it with utter disinterestedness. The aristocrat is content to worship and adore, asking nothing of the gods that they have not already given him in the resplendent moral fabric of the world. He is not concerned with personal salvation any more than he is concerned with the impression which he makes upon other persons. He does not keep one eye upon the gods any more than he does upon his fellows. His one passion is the artist passion for perfection. So far as his prayer is articulate, he prays with Plato: “O Jove, give us that which is good for us, whether we pray for it or not; and withhold that which is evil, even though we pray for it.” The aristocrat has, of course, nothing in common with those commercial schemes of salvation which offer large rewards for the exercise of small virtues. Righteousness is to him an end in itself, its own reward. Like any faithful knight of old, his whole heart is filled with the glorious vision which represents his chosen service. It is so great a thing to stand face to face with God, to live constantly day by day, in the divine presence, that one can be occupied with no thought of the self.

Next in importance to religion, to one’s general attitude towards life, stands a man’s family. The domestic relations are not only the most beautiful of our human relations, but they are also the most delicate. To be a member of a family group is an immense privilege and it should be handled as an integral part of a man’s religion. But it is also a severe test of his breeding and on all sides one sees innumerable shipwrecks, shipwrecks brought about for the most part by the vulgar pressing of personal demands. In the face of these daily assaults, the aristocratic spirit may waver and grow faint, but so long as it persists, no permanent disaster is possible. An aristocrat loves his wife, not for the comfort and pleasure she can give him, but for the glory of her perfection as a woman and a wife and a mother. There is about his love a large element of worship, and worship is always unselfish. And the aristocrat loves his children, not because they add to the sense of reality and the importance of his own life, but for the finer and less personal reason that wholesome, well-bred children are adorable for their own sakes, and worthy of all the love the grown-up world can give them. And the aristocrat loves his other relatives and his neighbors and associates, not for the service they can render him, but simply for their own manifold excellence. In these delicate human relations, as in his more formal religion, he has no thought of reward. But quite inevitably the reward is his. It is the large reward of all disinterestedness, — when one asks nothing, one receives everything.

In the domain of politics, the aristocratic spirit occupies a position which is equally characteristic. It is opposed to all forms of mob rule, under whatever name they may be put forward, and to that application of the democratic method of the whole which assumes that every man is qualified to be a legislator, and to solve, off-hand, the delicate and intricate problems of government. On the contrary, the aristocrat is a believer in trained and competent experts, that is to say, in a carefully chosen representative government. He believes in a restricted suffrage, a suffrage limited to qualified voters, to men and women who can pass the test of intelligent and participating citizenship. He does not for one moment believe that every chance adventurer who finds himself in our midst, and who goes through certain slender formalities, or who comes here perhaps with the express purpose of stirring up trouble, should have a hand in our American political life. It is not enough that a man has reached twenty-one years; he must have reached a number of other attributes as well before he may properly be classified as a qualified voter. America, in the view of the aristocrat belongs to Americans, to the men and women who have made the country what it is, and who desire passionately to make it more admirable, not less admirable. It seems to him a grave political and social crime to hand over such a heritage to any rabble to desecrate and disintegrate, whether it be done in the name of democracy or socialism or communism or syndicalism or organized labor. The aristocrat, in a word, believes in nationalism as against internationalism, in a representative government conducted by the best experts, as against a mob rule conducted, on principle, by the incompetent. As a lover of excellence, he wishes to be represented by men wiser than himself, better trained in law and politics and history, and gifted by Nature with the quality of leadership. It is only through such men that excellence in government can be attained. One does not wish to have one’s portrait painted by a sign-painter, or one’s life put in danger by a quack, or one’s business affairs mismanaged by an ignoramus. I do not see why one should be less wise in one’s choice of the instruments of government. The aristocratic scheme, let me repeat, is not, as commonly stated, a government of the many by the few, — that is an autocracy — but it is a government of all by representative experts chosen by a qualified electorate. The aristocrat firmly believes that the grave affairs of life should be entrusted to trained experts, and not to novices and experimenters. And government, as the Great War has once more shown, is one of the very gravest of all human affairs.

In education and in industry, the aristocratic spirit has an immense theatre for its application. One might say in a broad way that the quest of excellence is the goal of both the school and the factory. But unfortunately one may not add, save in exceptional cases, that the quest is disinterested. It is the absence of disinterestedness which in both cases vitiates the goal and ends by making it more specious than real. When excellence is sought, not for its own sake, but for the sake of the loaves and fishes, it soon ceases to be sought at all, and a cheaper substitute takes its place, — the appearance of excellence. This is true, even in education. In few secondary schools is knowledge sought for its own fair sake, but in nearly every case from some ulterior motive. Boys go to school for the sports, for the companionship, to make a better living, to get into college. These are worthy ends, — the fault lies wholly in the emphasis. They should be taken casually and ought not to obscure the major end of education, — the unfolding and perfecting of the human spirit. And among collegians, themselves, an impartial observer finds little culture and much insincerity. Even in education, the democratic fallacy of alikeness and equality finds frequent and vociferous expression. But the aristocratic spirit seeks excellence in variety. Instead of asking all children to attend the same school and engage in the same studies, it would encourage a wholesome competition among schools, and would help each child to select the one best suited to its own individual needs. In spite of all that has been written about sex, its supreme significance has not, I think, been sufficiently remarked and sufficiently acted upon. And that significance is simply this, that Nature, in providing that each child must have two parents, a father and a mother, bestowed two distinct lines of heredity, and with them the possibility of beneficent variation, and the appearance of a new and more desirable type. Yet education, in spite of this obvious and vital lesson, is forever seeking uniformity and all the drab monotony of democratic sameness. The aristocratic spirit resists this tendency to the death, and seeks, instead, a multiform and varied excellence. The aristocratic world is not one of dead levels, but a world of varied interests and constant promise and unfaltering progress. It is, in a word, the world of evolution.

In his industrial life, the aristocrat may occupy any post from the very lowest to the very highest. But whatever the job, he must do it well and he must love it for its own sake. He may not, then, engage in any work where the conditions make excellence impossible, nor may he take part in meaningless toil. It will be easy to define his position towards organized labor and syndicalism and all similar movements that are ready to do evil in order that good may come of it. These modern forms of Jesuit teaching, that the end justifies the means, are not in harmony with the aristocratic spirit, — the whole event must be excellent, the means, as well as the end. And equally at variance with that spirit is the tendency of organized labor to lessen individual responsibility and initiative, to kill the passionate love of excellence, and to substitute for it the smaller efficiency and lower standards of the average worker. Being disinterested and having something excellent to offer, the aristocratic worker stands on his own feet and does not seek to be bolstered up by union or organization. He realizes that salvation is an individual adventure and not a mass movement. In industry as in government, he asks the largest possible individual freedom and the least amount of prescription. He repudiates with vigor all class consciousness, all class distinctions, all class warfare, as wholly inconsistent with that common effort towards righteousness which he conceives all high-minded persons to have entered upon. Perhaps I sum it all up in saying that the aristocratic worker is an uncompromising individualist, and so opposes the major currents of the hour. It is only in the disinterested quest of excellence that anything notable can be accomplished in industry. The case is precisely similar to the case of religion, of family life, of politics, of education, of art. It is not enough to go through the motions, — the work in hand must engage the individual spirit or it cannot possibly be well done. The fatal defect in the present excessive desire to organize the world is that it does not appeal to this love of excellence, but to a narrow and disabling self-interest. It may seem over-optimistic, but the aristocrat, both from his own personal experience, his own experiments in selfishness, and from the tragic lessons of the Great War, is bound to believe that this specialized self-interest always leads to failure, while disinterestedness is the essential condition of success.

One cannot in a series of brief paragraphs say anything much worth saying upon such tremendous themes as religion, family life, politics, education, industry, but what I have tried to indicate is that the aristocratic spirit, being an habitual attitude of mind, a religion, is competent to meet and solve these typical problems of our modern, complicated daily life, and to do it without hesitation or equivocation. The aristocrat sees life in a definite, clear-cut way; he knows what to do both in the ordinary day’s work and in the multiform emergencies of life, and as he is true to form, he does it simply, honestly and well. The immense practical value of such an inclusive formula is that it leads to prompt decision and equally prompt action. It does away with all evasion and subterfuge. When a man speaks the truth, it is easy to speak; when he intends to do right, it is easy to act. Noblesse oblige.

I am presenting, I know, an unpopular view of life, since it recognizes human inequality, and is in effect a doctrine of perfection. It will meet with little sympathy from those extreme modernists who scorn our feeble individual efforts towards righteousness, and who profess to find in the masses, virtues and qualities not discoverable in the component units. But it is a view which stands the test of application and has stood it for centuries. The aristocratic spirit has led to the achievement of worthy tasks, and consequently to individual satisfaction and happiness. The aristocrat is one of the few men who can stand alone. He does not have to wait for others to act, or for the coming of favorable circumstance. His own task is always at hand, his own quest is always on. It may be tragic, but it is nevertheless true that in the serious affairs of life, a man must be able, thus resolutely, to stand alone and in the final great adventure of death. Destiny brings curious gifts, but in the face of the most difficult of them, the true aristocrat is unafraid and victorious.

Life, Liberty, and Quackery From A Voluntaryist Perspective


By Carl Watner

In January 2018, I was diagnosed with prostate cancer. Even before my biopsy I had already decided I would have no part of the traditionally recommended cut, burn, or poison (surgery, radiation, chemotherapy) treatments. So I was highly motivated to discover what other alternative therapies were available. What I found was a great number of protocols that had all been shunned by regular oncologists. In fact my urologist told me he had never had a patient try to treat their cancer naturally.

This article is an outgrowth of that quest. I found that there were many different alternatives to treating cancer, but what I found most interesting was nearly every one of them had been suppressed through government or medical association action. Their inventors, discoverers, and/or promoters were harassed, fined, placed on trial, or hounded out of the country to avoid further persecution. Practically all of them were labeled quacks, and their treatments derided as quackery. The fact that these alternative programs for treating cancer had many survivors and testimonials meant nothing to the representatives of Official Medicine (the Food and Drug Administration, American Medical Association, National Cancer Institute, and American Cancer Society). Finally, I came to the conclusion that medicine in a stateless society would be significantly different from the socialized medicine we have experienced in the United States for the last 100 years.

The purpose of this article then is to briefly describe the development of medical science in America; examine the collusion between governments (at various levels) in the United States and the medical associations that began forming around the mid-1800s, and eventually became de facto monopolies; briefly review the great diversity of heterodox medical traditions that once existed, some of which are still with us; to observe their punishments at the hands of Official Medicine; and to discuss the ethical and legal parameters, which might serve to guide health seekers and practitioners in a voluntaryist world.

Medical healing in North America began in a mostly voluntaryist setting. One might truly say, “it all began with the Indians.” For hundreds of years before Europeans began their colonization of North America, the Indians had practiced their natural medicine. They “experimented by trial and error with natural plants and herbs to determine their properties and effects.” The English settlers soon copied the Indian “use of plants, herbs, extracts, minerals, and trees that had medicinal value.” Treatments were rudimentary, to say the least. There were no hospitals (the first in Philadelphia, being established in 1751), and there were no medical colleges until 1765. In colonial America, the practice of medicine fell to laymen who became physicians, surgeons, or apothecaries. Though some physicians trained abroad in Europe, few held medical degrees, and most learned their crafts as apprentices where they were exposed to the art of bloodletting, setting broken bones, and prescribing herbal remedies. Anyone “who wanted to practice medicine could do so without credentials or certification.” Those experiencing medical emergencies had three choices: “find a doctor or perhaps an apothecary, treat himself, or die.” On the frontier, it was every man for himself or EVERY MAN HIS OWN DOCTOR, as “the first popular manual of American medicine” put in in 1734. (Dary, 17-18, 30-31, 36-37)

Under the common law the practice of medicine was open to all comers, subject only to liability for malpractice damages. However, statutory medical licensing had existed for many centuries in England. Licensing was placed under the control of the College of Physicians which was established in 1518. This group had the right to punish irregular medical practice with both fines and imprisonment. Medical licensing was brought to this country with the English colonists. However, the widely scattered population and the small number of physicians made licensing impractical until the late 18th Century. Colonial and state assemblies assumed licensing prerogatives under the guise of public health regulations. Between 1760 and 1830 laws against irregular practice became more severe, and by 1830 physicians in fifteen states had to be licensed either by their state legislature or a state-authorized medical society. However, with the development of rival heterodox medical systems, such as hydropathy, mesmerism, phrenology, Thomson­ianism, homeopathy and the rise of the popular health movement, the scene began to shift.

The call for each person to be his or her own physician had been put forward by Samuel Thomson (1769-1843) as early as 1806. Thomson was a New Hampshire farmer who learned much of his medicine at the side of a local herbalist. In 1813, he obtained a patent on his “Family Rights” and began selling his botanical recipes for healing purposes. During the 1820s and 1830s he commissioned agents throughout New England and the southern and western states to spread his home remedies, which eliminated the need for doctors. His NEW GUIDE TO HEALTH encouraged people to take care of themselves and his ideas were patronized by a widespread clientele. By 1840, it was estimated that he had some three to four million adherents out of a total population of seventeen million people. His philosophy had a Jacksonian flavor, reflecting the widespread distrust of elites and the conviction that Americans “should in medicine, as in religion and politics, think and act” for themselves. “It was high time” declared Thomson, “for the common man to throw off the oppressive yoke of priests, lawyers, and physicians … .” The Thomsonians believed that self-medication was safer than being doctored to death. “Being your own physician would not only save your life…. but save you money as well.”

Sylvester Graham (1794 – 1851) was another well-known health reformer who concluded the way to individual health was through the stomach. He advocated personal hygiene and a diet that included his high fiber Graham bread. Historians refer to Thomsonianism and the Grahamite movement as the “popular health movement” because Thomson, Graham, and other health reformers appealed to the working class and feminist movement of their era. Although Graham rejected the botanical remedies of the Thomsonians, both equated natural living habits with liberty and classlessness. They realized that any medical system which creates a privileged class and which uses law to support itself “destroys true freedom and personal autonomy.” Both Thomson and Graham were appalled by the regular medical profession’s attempt to gain a monopoly. “Monopoly in medicine, like monopoly in any area of endeavor, was undemocratic and oppressive to the common people.” With this attitude, members of the popular health movement started to agitate for the repeal of all medical licensing laws.

State after state began repealing their restrictions against irregular practice. Nearly every state which had restrictive licensing laws softened or repealed them. Alabama and Delaware exempted Thomsonians and other types of irregular healers from persecution. Connecticut withdrew exclusive control of the medical profession from the State Medical Society and Louisiana gave up all attempts to enforce its medical legislation. Finally, in 1844, after 10 years of pressure, New York State abandoned its licensing law. “By the early 1840s, anyone was free to practice medicine without the certification of a professional society, or any other formal credentials at all.” (Dary 68) The popular health movement coincided with a laissez faire attitude on the part of the populace. The American people were impatient with all restrictions, and “were doubtless anxious to maintain their liberty in medical as well as in other matters.” They wanted no protection but freedom of inquiry and freedom of action. It was certainly the spirit of the times to open up all fields of endeavor, business as well as professional, to unrestricted competition. “Medicine, with all other human activities, must take its chances in the grand competitive scramble characteristic of the age.” (Watner, 329)

Gradually, however, state medical licensing and registration of doctors returned, mostly as a result of the political efforts of the orthodox doctors themselves. For example, in 1859 the Kansas Territory legislature incorporated the Kansas Medical Society “and gave the society the right to grant licenses to all respectable physicians.” A State Board of Health was established in 1885, and in 1890 the state Supreme Court upheld a law that “required doctors in practice less than ten years to have a certificate from a medical school or medical society.” (Dary 169-170) A vigorous campaign to drive out quacks (people who pretended to be doctors) was soon afoot in many states. The American Medical Association, which had been organized in 1847, spearheaded this movement. By the 1870s, with few restrictions on entering the medical profession, and “a host of competing medical schools, eager to graduate doctors in greater numbers, and heterodox medicine contending for the patient’s dollar, regular physicians increasing felt the need to effectively organize” to protect their income and status. As one medical historian put it:

Their goal was to enlist the support of government as a means of regulating the number and qualifications of physicians. The aims of orthodox medicine and its most effective and tireless spokesman, the American Medical Association, were threefold: (1) the establishment of medical licensing laws in the various states to restrict entry into the profession and thus secure a more stable economic climate for physicians than that which obtained under uninhibited competition; (2) the destruction of the proprietary medical school and its replacement with fewer, non-profit institutions of learning, providing extensive and thorough training in medicine with a longer required period of study to a smaller and more select student body; (3) the elimination of heterodox medical sects as unwelcome and competitive forces within the profession. (Hamowy75)

The AMA was quite successful in accomplishing these goals between 1874 and 1915. Nearly all the state legislatures and state courts “had accepted the principle that medical practice laws constituted a legitimate and salutary extension of the police powers of the states.” Nevertheless, the spokesmen for the American Medical Association claimed that the number of physicians continued to increase because “the nation’s medical schools were turning out far too many graduates.”  It became apparent if the number of new physicians was “to be significantly diminished” that the state examining boards must restrict their ap­proval to graduates of  “schools whose require­ments for the issuance of a degree were particularly rigorous, whose instructional staff and facilities were only of the highest calibre [sic], and whose standards of admission were unusually high.” Graduates from un­approved medical schools would not be recognized or allowed to practice. (Hamowy 81, 103-104)

Indirectly the Carnegie Foundation helped ac­complish these goals by funding research that resulted in the publication of a book titled MEDICAL EDUCATION IN THE UNITED STATES AND CANADA (1910). Known as The Flexner Report, it was written by Abraham Flexner, who found that there was a great diversity among the 155 medical schools in North America. Many of these schools were for-profit proprietary trade schools “owned by one or more doctors, [and] unaffiliated with a college or university.” Degrees were often awarded after two years of study. Some of these schools did not require any prior college attendance. To help achieve Flexner’s recommendations “and change the minds of other doctors and scientists,” John D. Rockefeller contributed more than $ 100 million dollars “to colleges, hospitals, and founded” the General Education Board to agitate for Flexner’s recommenda­tions which were:

  • Reduce [both] the number of medical schools (from 155 to 31) and poorly trained physicians;
  • Increase the prerequisites to enter medical training;
  • Train physicians to practice in a scientific manner and engage medical faculty in research;
  • Give medical schools control of clinical instruction in hospitals
  • Strengthen state regulation of medical licensure. (“Flexner,” Wikipedia)

In the aftermath of the Report nearly half of the existing medical schools were merged, “colleges in electrotherapy were closed,” and schools of homeopathy and naturopathy were derided.

“To a remarkable extent, the … present-day aspects of the medical profession” in the United States are a reflection of the Flexner Report. Within a few years of its publication, “medical colleges were all streamlined and homogenized,” and “all students were learning the same thing.” Medicine adopted the use of patented drugs, and mostly rejected the use of substances which could not be patented. Medical training of doctors came to require at least six years of post-secondary education, usually in a university setting and was to be based on “human physiology, biochemistry, and the scientific method of research.” No medical school could be started without the approval of local state governments, and “each state branch of the American Medical Association [came to have] oversight over the conventional medical schools located within [their respective] state.” As a result, there were fewer schools and fewer graduating doctors which resulted in medicine becoming “a highly paid and well-respected profession.”

The Flexner Report also helped to put the damper on patent medicines. In 1905, it was estimated that there were between 28,000 and 55,000 patent medicines made and sold in the United States. (Young 23) In England, these nostrums or elixirs were sometimes endorsed by the royal family. They were then “issued letters patent authorizing the use of royal endorsement in advertising,” and became known as patent medicines in both England and the United States. (“Patent Medicine,” Wikipedia) Physicians and pharmacists experimented and produced their own concoctions. These patent medicines were available over the counter from drug stores or doctors. Prescriptions were not necessary and there were no regulated substances, as we know them today. “Like the established patent medicine manufacturers, these doctors and pharmacists could make any claim[s] they wished about their products,” which often led to great exaggerations. (Dary 269) Many times it was not known what ingredients were in these concoctions, nor if they posed any danger to those who took them.

As protectors of the public’s health, both federal and state governments began taking interest in the efficacy and safety of these nostrums. This was spearheaded by US Department of Agriculture’s Division of Chemistry which began “research into the adulteration and misbranding of food and drugs.” The Division published its findings in a ten-part series entitled FOODS AND FOOD ADULTERANTS between 1887 and 1902. (“History of the Food and Drug Administration,” Wikipedia)  In 1905, Samuel Hopkins Adams wrote a series of articles in COLLIER’S magazine, published under the title “The Great American Fraud.” Adams believed that the “only effective [way] of curtailing patent medicine abuses … was the enactment of a national law.” (Young 30-32) Finally, in June 1906, President Theodore Roosevelt signed the Pure Food and Drug Act, which, under penalty of seizure, prohibited the interstate transport of food that had been adulterated or was injurious to health and/or used filthy, decomposed, or putrid substances. The act also banned the misbranding of food and drugs.

The first prosecution under the 1906 Act took place in 1908. Robert N. Harper, the manufacturer of a patent medicine called Cuforhedake Brane-Fude (Cure for Headache and Brain Food), was criminally prosecuted for false and misleading labeling statements. Convicted and fined, Harper, a prominent Washington DC businessman, was considered a poster boy for punishment under the new law. President Roosevelt told the prosecuting attorney in the case that the people of the country must be shown that the Pure Food and Drug Act “was enacted to protect them.” In 1912, a new Food and Drug Act, which required the government prove fraudulent intent on the part of anyone who made false statements on the label, was passed. “In 1938 the law was amended to require a complete list of ingredients and directions for safe use. By then the government had decided that some drugs were too dangerous to give the consumers free access even with directions on the label. From that point on, such drugs were labeled for prescription distribution only.” (Dary 272)

Despite various Pure Food and Drug Acts and the Food and Drug Administration’s enforcement efforts dating back to 1927, when it was formally recognized,  patent medicines and medical quackery still persist. Both are illustrative of mankind’s search for the fountain of youth and the cure-all for whatever disease(s) one happens to be afflicted with. Quacks, who have been around for centuries, “usually peddle unproven and sometimes dangerous medicines, cures, and treatments.” (Dary 273) They rely upon flamboyant advertising and testimonials and claim to have special herbs or formulas that promise a quick fix for whatever ails you. With the development  of incandescent lighting after 1879, there was a proliferation of medical/electrical devices, such as the Vitalizer and Violet Ray machines, designed to “cure circulation problems, falling hair, germ infections, aches and pains, deafness, constipation, and just about any other problem in the human body.” (Dary 282) Licensed doctors were not immune from quack methods, and even supporters of orthodox medicine admit “that quackery is not an ‘all or one’ phenomenon. A doctor who is otherwise competent may have a misguided belief in a particular medica­tion or procedure.” (Barrett and Jarvis 126-127)

One blatant example of a medical doctor turning quack was Dr. Albert Abrams, who in 1893 was president of the San Francisco Medical Surgical Society. He “was highly regarded by his colleagues” and “published a number of articles in prominent medical journals.” Soon after World War I, Abrams developed a “theory that electrons were the basic element of all life” and that their vibrations could be used to not only diagnose, but treat diseases, such as “syphilis, cancer, and diabetes.” By 1924, Abrams had over three thousand doctors across the country using his machines, which looked like radios, and were called Oscilloclasts. His downfall was crowned by a SCIENTIFIC AMERICAN investigation which revealed that doctors using the Abrams system were consistently unsuccessful in correctly identifying pathogens in blood samples. When representatives of the American Medical Association opened one of Abram’s machines, they found nothing more than an elaborate electrical prop of “wires connected to lights and a buzzer.” By that time Abrams had died, but he was declared to have been “a deliberate fraud,” and became known as “the dean of the twentieth-century charlatans.” (Dary 282-285)

Another actual physician who was often called a quack during his lifetime (1881-1959) was Dr. Max Gerson. He became a doctor after graduating from medical school in his home country, Germany. He began specializing in the treatment of tuberculosis, migraines, and eventually cancer. He left Germany in 1933, and eventually migrated to the United States in 1936. He became a U.S. citizen and board-certified doctor in New York state in 1942. “The Gerson therapy is [one of] the oldest, best documented, scientifically based and proven of the holistic therapies.” (Strauss 369) It includes coffee enemas, hourly doses of the juices of organic vegetables, a predominantly vegetarian diet, and various nutritional supplements. His book, A CANCER THERAPY: RESULTS OF 50 CASES, was published in 1958, the same year in which his medical license in New York was suspended for two years. Gerson’s approach was to treat cancer as a systemic disease of abnormal body chemistry in contrast to the orthodox approach “based upon the theory that eradication of the cancer growth must be performed by surgery,” or chemotherapy. (Haught 75) Gerson believed that cancerous growths were controlled by organs far from the site of the actual cancer, and that the cancer could be defeated by returning the body’s abnormal chemistry to normal, primarily by dietary changes. Typical of the medical fraternity’s view of Gerson was a derogatory comment made in September 1946: if the Gerson therapy works “we can chuck millions of dollars of equipment in the river, and get rid of cancer by cooking carrots in a pot!” (Strauss 234) Today, the Gerson Institute in California still carries on his work.

Another alleged quack who never called himself a doctor was Harry Hoxsey (1901 – 1974). Well-known for his cancer cures, Hoxsey inherited an herbal formula from his great-grandfather and father in the 1920’s. He usually attended patients with another actual doctor on hand. At one time (1956-1957) his clinic in Dallas, Texas was the world’s biggest privately owned cancer center. (Ausubel 150) His biographer wrote that he was “arrested [and jailed] more times than any other person in medical history.” After battling the AMA and the FDA for many years, his cancer treatment was finally banned by the FDA in 1960, and declared a “worthless and discredited remedy.” (“Hoxsey,” Wikipedia) He was a born fighter and had ample evidence to honestly conclude that his treatments worked. It is hard to imagine that he would have “suffered through endless arrests, continual prosecutions, incessant jeopardy and social humiliation” had he not truly believed in the efficacy of his treatments. (Ausubel 115)  Whether in fact they did or not is a separate issue from whether he was a fraudulent quack. According to Hoxsey’s version of the story, Morris Fishbein, editor of the JOURNAL OF THE AMERICAN MEDICAL ASSOCIATION for over 25 years, and other doctors tried to buy the rights to the his cancer cure but were rebuffed.  This started a four decade feud between the AMA and the FDA, on the one side, and Hoxsey on the other. Ultimately, Hoxsey moved his clinic to Tijuana, Mexico in 1963, where it continues to this day.

Strange as it may seem, “most of the advocates of alternative cancer therapies,” such as Hoxsey and Gerson, have “met with some form of suppression,” even though many of their patients were satisfied with their treatments. Often these attacks were spearheaded by members of the American Medical Association, who also mobilized “govern­ment agencies, the media, and other institutions.” Suppression has included formal or legal sanctions such as “restraining orders, criminal charges, raids on clinics, FDA warnings, FDA denials or stonewalling of permit applications, hostile tax audits, and revoca­tion of hospital privileges, licenses, or insurance.” Examples of more informal suppression were “media campaigns, dismissal from organizations, loss of funding, publication blockage, … protocol modifica­tions, exclusion of advocates from research teams, ignoring favorable data, … [and] biased interpreta­tions of equivocal data.” (Hess 236) Hundreds, if not thousands, of non-traditional and irregular practi­tioners of heterodox treatments have been fined, jailed, or had their licenses revoked over the course of three centuries of American medicine. As one historian of these so-called quacks concluded, there is no doubt that even Jesus Christ would have been arrested for practicing medicine without a license once he began healing the sick and making the blind see! (Whorton 294)

The main characteristics of these alternative treatments (described by the FDA and the American Cancer Society as “unproven methods”) include 1) being in a natural form; 2) being non-toxic; 3) not having been produced by a pharmaceutical company; 4) being easily available without a prescription; and 5) being non-patentable. Some of the better known alternatives and doctors utilizing these protocols are discussed in Tanya Pierce’s OUTSMART YOUR CANCER: ALTERNATIVE TREATMENTS THAT WORK. They include two that I have already mentioned: the Hoxsey Therapy and the Gerson Therapy. Others are:

Essiac Tea: This herbal tea was developed by Rene Caisse, a Canadian nurse. She was hounded by the Canadian Ministry of Health and Welfare, whose agents “destroyed all her paperwork on” her herbal tea supplement. (Pierce 58)

Laetrile, also known as B17: “Every physician in the United States who attempted to help patients with Laetrile was harassed by various agents of the cancer industry. This included physicians being arrested, hauled into court for no good reason, sometimes thrown in jail, and eventually having their medical licenses taken away.” (Pierce 79) Even though Laetrile has been successfully used for more than five decades by cancer treatment centers outside the U.S., it still has not been approved by the FDA.

Dr. Kelly’s Enzyme Therapy: Focusing on the importance of pancreatic enzymes for cancer recovery, Kelly was hauled into federal court in the 1970s’ and “ordered to never speak or write about cancer again.” (Pierce 93)

Dr. Stanislaw Burzynski’s Antineoplastons: Anti-neoplastons are amino acid peptides that have an inhibitory effect on cancer. His clinics were raided twice by FDA agents in 1985, and again in 1995. He was indicted and placed on trial in 1997 for violation of an FDA injunction for mail fraud and for selling a drug that had not been approved by the FDA. Eventually charges were dismissed after the judge declared a mistrial. (Pierce 103-114)

Protocel: In 1992, the FDA issued an injunction that prevented this product from being distributed by Jim Sheridan and Ed Sopcak, even though they had never sold the product. “[T]hey had always just given it away to people who needed it.” (Pierce 164)

Dr. Johanna Budwig’s Flaxseed Oil and Cottage Cheese: “The first scientist to oppose the modern practice of altering oils for commercial distribution,” Dr. Budwig claimed she was offered a bribe “to keep her from publicizing her discoveries about oils.” (Pierce 215)

The Rife Machine: During the 1920s and 30s, Royal Rife “developed an audio-frequency emitting device that, when directed at a person with cancer, was able to send frequencies into the person’s body that would destroy micro-organisms he found to be causally associated with cancer.” Morris Fishbein of the American Medical Association tried to buy into the company that produced these machines, and when Rife refused his offer, the AMA filed expensive law suits that ultimately bankrupted the company. (Pierce 229-237)

Gaston Naessens’ 714X: Gaston Naessens was a French microbiologist and hematologist who invented a super-powerful microscope that he used to help develop “an aqueous solution he called ‘714X,’ which is a mixture he specifically created to supply the cancer cells in the body with extra nitrogen.” His laboratory in France was “closed by the authorities, his equipment was confiscated, and he was fined for practicing medicine without a license.” After moving to Canada in 1964, he was put on trial in Montreal in 1989, and eventually acquitted of all charges of using an unapproved cancer treatment. (Pierce 247-25)

Has there been a conspiracy against these therapies? Yes, in the sense that the FDA, the National Cancer Institute, and the AMA are all out to protect their turf. All innovators are a threat to the status quo. One prominent historical example: Dr. Ignaz Semmelweiss was “literally hounded out of the [medical] profession in the middle of the [19th] century because he had dared to suggest that surgeons should wash their hands and change their bloody aprons between the dissections of cadavers and their work in the delivery room with mother and babies.” (Strauss 37) As S. J. Haught in his biography of Max Gerson put it:

The history of medicine is a story of almost incredible stupidity, and a story of almost incredible genius and perseverance. Nearly every single advance, nearly every single discovery, has met with such furious opposition by the medical fraternity that one wonders how medicine has advanced at all. Years, decades, sometimes centuries were allowed to elapse between discovery and approval, and millions of lives were lost because of it. Medical pioneers have been imprisoned, executed, hounded, and driven insane for their genius. (Strauss 360)

It is clear that the FDA and the AMA  have stifled the “’creative destruction’ that lets breakthrough technologies push aside obsolete ones.” As the author of POLITICS IN HEALING noted, “if IBM had had an FDA to protect them, as drug companies do, we’d probably still be using punch cards. Every therapy [described in my book] is or was nontoxic. Most are not available, not because they didn’t work, but for political reasons, generally aimed at keeping off the market products that might compete too strongly with pharmaceutical drugs.” (Haley xvi)

So what is the government’s and AMA’s response to this? First of all, they adopt the attitude that the citizen does not just belong to himself, but rather belongs to the State. (Spector 504) “The right of a citizen to practice medicine is subject to the paramount power of the state  to … protect people against ignorance, incapacity, deception and fraud in the practice of the profession.” (State v. Borah) It is necessary to remember that even though people give testimonials about the efficacy of treatment, “rarely do they recognize how difficult it is to evaluate a health product on the basis of personal experience. Despite this unreliability, these testimonials are the corner­stone of the quack’s success.” The critics of quacks claim that they operate outside the scientific commun­ity; do not resort to the scientific method to validate their cures; and do not report their failures. “Quacks try to cover up their inadequacies by pointing out that the scientific community has made mistakes in the past.” In the anti-quackery book, THE HEALTH ROBBERS: A CLOSE LOOK AT QUACKERY IN AMERICA, one contributor debunks the claim freedom of choice should be allowed to operate in the medical realm. “What the quacks really want is freedom from government interference with their promotions.” Quacks believe they should not have to prove the efficacy of their products. The burden of proof should be on the government to prove them useless. Advocates of government laws to protect the sick and the innocent believe that “under the double stress of fear and salesmanship, many sick persons are unable to exercise sensible freedom of choice. Such sufferers especially need the protection of experts who can evaluate [and prohibit] alleged remedies honestly.” “False hope for the seriously ill is the cruelest form of quackery because it can lure victims away from effective treatments.” (Barrett and Jarvis, 3, 8, 463-466)

While this may be true, is it proper to conclude that some government agency, such as the FDA, is the only institution that can offer such protection? Obviously, “No.” Organizations like Consumer Reports and the Better Business Bureau are capable of offering such evaluations, as are independent scientific labs. In a stateless society, insurance companies would undoubtedly play a significant role in offering protection from quacks. For one thing, health insurance companies would only be willing to pay for treatments that they knew had a chance of saving lives. For another thing, some people, given their circumstances, might want to try a quack remedy because conventional treatments have failed them. Should those people be prohibited from such attempts? Should a treatment be outlawed even if it is not inherently dangerous? Should a patient who con­sents to a treatment be prohibited from trying it?

Freedom of choice in medicine has often been compared to freedom of choice in religion. In America, we all go to different houses of religion, or to no church at all. “Health should be the same. It’s not the government’s business whether we go to an M.D., a chiropractor, a homeopath, or a naturopath,” or to no doctor at all. “And it’s not the government’s business what medicine we take. …. All we need from the government is to make sure the medicine isn’t poisonous.” (Haley 424) While this defense of freedom of choice is true, it’s reliance on the government to “protect” us from poisonous medicine is mistaken. Yes, we need to be protected from dangerous medicines; but again, government agencies are not the only groups that can offer such protection, and should those who do not wish to pay for or have such protection be forced to pay?

The voluntaryist understands that undesirable and unacceptable things occur in a free society. These would include events such as fraud, theft, medical quackery, and murder. Yes, people need to protect themselves, but must there be only one, single monopolistic organization with coercive powers of revenue collection to offer such protection? Given a variety of organizations or institutions or businesses which would offer such protection, the general rule of the common law would probably be accepted. The practice of medicine would be open to all who desired to follow it “subject only to liability for damages in a case of lack of skill” or incompetence on the part of the practitioner. (Spector 513) No one would be required to have a license, though these medical protection agencies would undoubtedly issue certificates to those who met their standards. Common and customary practice over time would have to determine the answer to such questions as: do good intentions constitute a defense against endangering the life of a patient? Might a person who called himself a physician and who prescribed a course of treatment that resulted in the death of his patient “be found guilty of manslaughter even though he acted with the consent of his patient and with no evil intent?” Or would such a doctor be liable only for civil damages rather than criminal punishment? Such questions as these would have to be decided by the common law.

It is constantly necessary to remember that human beings are fallible. Individuals in government do not have all the answers any more than private individuals do. None of us have all the answers to life’s quagmires, and when we think we do, they often differ from the answers and conclusions of others. As William Godwin, the grandfather of anarchism, pointed out, since all men are fallible, no man can be justified in setting up his judgment as a standard for others.

Every man has a certain sphere of discretion, which he has a right to expect shall not be infringed by his neighbours. … If every one be desirous of imposing his sense upon others, it will at last come to be a controversy, not of reason, but of force. [But] even if we had an infallible criterion, nothing would be gained unless it were by all men recognized as such. If I were secured against the possibility of mistake, mischief and not good would accrue, from imposing my infallible truths upon my neighbour. … He must consult his own reason, draw his own conclusions, and conscientiously conform himself to his ideas of propriety. Without this, he will be neither active, nor considerate, nor resolute, nor generous. (Godwin 167-169)

As Godwin and others have pointed out the resort to coercion and legislation is an admission of weakness. Whoever fails to convince us by argument and persuasion must necessarily conquer us with violence. “If he who employs force against me could mold me to his purposes by argument, no doubt he would.” While she did not have the medicine in mind, Ayn Rand pointed out that in a free society, “the pursuit of truth is protected by the free access of any individual to any field of endeavor he may choose to enter. (A free access does not mean a guarantee of success, or of financial support, or of anyone’s acceptance and agreement – it means the absence of any forced restrictions or legal barriers.) This prevents the formation of any coercive ‘elite’ in any profession – it prevents the legalized enforcement of a ‘monopoly on truth’ by any gang of power seekers – it protects the free market place of ideas – it keeps all doors open to man’s inquiring mind.” (Rand)

As we have seen, “the tentacles of the state strangle nearly every aspect of medical care.”  Whereas during much of the 19th Century, “medicine was a rich grove teeming with diverse practices, it has been supplanted over the course of the twentieth century by a medical monoculture.” (Ausubel 4) State-dominated medicine does not serve the patient’s needs or interests; it serves the state and those groups that control the state. Conventional, orthodox, 21st century medicine is both sinister and criminal because  it not only  “usurps the right of the individual to face, deal with, and bear his own health problems” but prevents unproven methods from competing with those that have been approved by the authorities. (Whorton302)

When all is said and done, we need to remember the wisdom of Edward Baines, Jr., a mid-19th century educational voluntaryist, who wrote

I maintain that we have as much right to wretched schools as to have wretched newspapers, wretched preachers, wretched books, wretched institutions, wretched political economists, … . You cannot proscribe all these things without proscribing Liberty. The man is a simpleton who says, that to advocate Liberty is to advocate badness. The man is a quack and a doctrinaire of the worst German breed, who would attempt to force all mind, whether individual or national, into a mould of ideal perfection, … I maintain that Liberty is the chief cause of excellence; but it would cease to be Liberty if you proscribed everything inferior. Cultivate giants if you please; but do not stifle dwarfs. (Baines 39-40)

When it comes to alternative therapies, we have to rely not only on the available scientific evidence as to their efficacy, but on our own common sense. Are their claims readily testable? Is there evidence of benefits to the patients? Each person must either become his own doctor, or select someone whose advice they follow, “and to take his licking if he gets licked.” As one historian of medicine on the frontier put it, “In a free country if a person sees fit to reject the aid of scientific medicine no one can nay say him. Perhaps it is Fate’s way of eliminating the unfit.” (Dary 320) Or as another medical historian wrote, “The public must act as their own umpire and decide after perusal of the undertakers’ bills what treatments they should undertake.” (Anonymous 270)

References Cited

Anonymous, “The Medical Controversy,” THE LONDON TIMES, April 1855, pp. 263-270, and cited in Shryock, p. 172 as 35 UNITED STATES DEMOCRATIC REVIEW (1855), p. 263.

Kenny Ausubel, WHEN HEALING BECOMES A CRIME: THE AMAZING STORY OF THE HOXSEY CANCER CLINICS AND THE RETURN OF ALTERNATIVE THERAPIES, Rochester: Healing Arts Press, 2000.

Edward Baines, Jun., “On the Progress and Efficiency of Voluntary Education in England,” in CROSBY-HALL LEC-TURES ON EDUCATION, London: John Snow, 1848, pp. 3-50.

Stephen Barrett and William Jarvis, eds., THE HEALTH ROBBERS: A CLOSE LOOK AT QUACKERY IN AMERICA, Buffalo: Prometheus Books, 1993.

David Dary, FRONTIER MEDICINE, New York: Alfred A. Knopf, 2008.

“Flexner Report,” From Wikipedia, the free encyclopedia.

William Godwin, ENQUIRY CONCERNING POLITICAL JUSTICE, Book II, Chap. V, 1798, Toronto: University of Toronto Press, Reprinted 1969, pp. 167-169.

Daniel Haley, POLITICS IN HEALING: SUP¬PRESSION AND MANIPULATION IN AMERICAN MEDICINE, Washing-ton, DC: Potomac Valley Press, Fourth Printing, July 2003.

Ronald Hamowy, “The Early Development of Medical Licensing Laws in the United States, 1875-1900,” 3 JOURNAL OF LIBERTARIAN STUDIES (Spring 1979), pp. 73-119.

David J. Hess, “CAM Cancer Therapies in Twentieth-Century North America,” in Robert D. Johnston, ed., THE POLITICS OF HEALING, New York: Routledge, 2004, pp. 231-243.

“Harry Hoxsey,” From Wikipedia, the free encyclopedia

  1. J. Haught, CENSURED FOR CURING CANCER: THE AMERICAN EXPERIENCE OF DR. MAX GERSON, Barytown: P.U.L.S.E., Second Edition, 1991.

“History of the Food and Drug Administration,” From Wikipedia, the free encyclopedia.

“Hoxey,” From Wikipedia, the free encyclopedia.

“Patent Medicine,” From Wikipedia, the free encyclopedia.

Tanya Harter Pierce, OUTSMART YOUR CAN¬CER: ALTERNATIVE NON-TOXIC TREATMENTS THAT WORK, Stateline: Thoughtworks Publishing, 2009.

Ayn Rand, “Who Is the Final Authority in Ethics?”, in THE OBJECTIVIST NEWSLETTER, February 1965, and reprinted in THE VOICE OF REASON: ESSAYS IN OBJECTIVIST THOUGHT, 1989.

Richard Harrison Shryock, MEDICINE IN AMERICA, Baltimore: The Johns Hopkins Press, 1966, See p. 172 for the words chosen for the title of this paper.

Benjamin Spector, “The Growth of Medicine and the Letter of the Law,” XXVI BULLETIN OF THE HISTORY OF MEDICINE, November-December 1952, pp. 499-525.

State v. Borah, 51 Ariz, 318.

Howard Strauss, DR. MAX GERSON, Carmel: Totality Books, Second Edition, 2009.

Carl Watner, “Health Freedoms in the Libertarian Tradition,” in I MUST SPEAK OUT, San Francisco: Fox & Wilkes, 1999, pp. 326-332 reprinted from Whole No. 16, THE VOLUNTARYIST, June 1985.

James C. Whorton, “From Cultism to CAM,” in  Robert D. Johnston, ed., THE POLITICS OF HEALING, New York: Routledge, 2004, pp. 287-305.

James Harvey Young, THE MEDICAL MESSIAHS: A SOCIAL HISTORY OF HEALTH AND QUACKERY IN TWENTIETH-CENTURY AMERICA, Princeton: Princeton University Press, 1967.

How I Became An Anarchist


By Louis E. Carabini

[Editor’s Note: This article is a lengthy excerpt from the author’s “Introduction” to his LIBERTY, DICTA & FORCE (Auburn: Mises Institute, 2018). A review by Jim Davies of LIBERTY, DICTA & FORCE is appended to the end of this article.]

In the summer of 1961, I was returning from a fishing trip with my friend George Vermillion. We were both in our early thirties. George was a pharmacist and I worked for Parke Davis, a pharmaceutical company. We had been fishing in Mexico, and George was driving us back home to Long Beach, California — a trip that would take about three hours. During the drive, I told him (it was more like a confession) I had never registered to vote and was embarrassed about not knowing the difference between a Democrat and a Republican. I thought it was time I learned about politics and joined the crowd, but most of all I wanted to avoid embarrassment when questioned about my political affiliation.

My main interest outside of family affairs was science; politics and economics were too esoteric for my taste. Other than the required courses, my classes in college were in the biological sciences. George was the perfect person to ask about politics, given that his father, George “Red” Vermillion, a Democrat, had been the mayor of Long Beach from 1954 to 1957 and his mother was the president of the Long Beach Republican Club. Imagine growing up in that household! So, George began explaining things to me. He talked nonstop for well over an hour, and I don’t recall asking any questions along the way. When he finished, I told him I should become a Republican because personal responsibility and free enterprise struck a chord with me. I felt relieved that I could now at least call myself something: a Republican. (I should mention George was a Republican; it seems his mother got the best of him.)

A few weeks later, George invited me to a meeting where Assemblyman Joe Shell was speaking about his campaign against Richard Nixon in the California Republican gubernatorial primary race. I went to the meeting where there were twenty or thirty people in attendance. As Shell spoke about what he would do if he were elected governor, he touched upon some of the same thoughts George had expressed to me during our trip. After he spoke, he took time to meet with each of us. When he got to me, he asked where I lived. When I told him, he asked if I would be willing to run his campaign in that part of Orange County. I gulped and said yes. Within minutes, a newspaper reporter and photographer had me shaking hands with Joe, flanked by the California and US flags. That was my introduction to politics, of which I still knew next to nothing. The following day, the picture was in a local newspaper. How proud could I be? Just a few weeks earlier, I hadn’t known the difference between a Democrat and a Republican, and now I was running a local campaign for a conservative Republican. No sooner had I escaped one embarrassment than I found myself right back in another. I didn’t have a clue about what to do as a local campaign manager. I was on a crash course to learn about what it meant to be not just a Republican, but a conservative one.

As a local campaign manager, I had to recruit workers and try to woo voters to our side. Recruiting workers was easy because I only solicited people who already considered themselves conservative Republicans. Most were around my age, and getting together with like-minded people who shared a common agenda — with dinners and cocktail parties thrown in — was a fun and stimulating experience. In the process, I learned from my recruits, who had already read many conservative books and essays, which they either gave me or told me about. After doing some reading and becoming somewhat comfortable with my newly gained knowledge, I was ready to spread the word and persuade voters.

Because the internet and PCs were not yet available, all campaign materials were in print form. We simply delivered the literature door to door. I even commandeered my two sons — ages five and seven at the time — to fill their wagon with literature, which they distributed in the neighborhood. They eventually got to know by precinct number where their friends lived. The campaign went well, with hopes of an upset. However, when the final votes were counted in June 1962, Shell had lost to Nixon, 35 percent to 65 percent. Over the next two years, I became involved in various other conservative Republican campaigns and, in the process, achieved a perfect record of zero to whatever.

At some point while campaigning, someone asked me a question that put me on a different course: “If your free enterprise system is so great, then what about schools, roads, laws, and justice?” I don’t remember my answer, but that question was just too simple and fundamental for me not to have considered it when I first got involved in politics. I would like to think the question was at the back of my mind from the beginning and that I had just hoped no one would ask. More likely, though, I had feared the answers might cause me to doubt, or even reject, the efficacy of free markets. Nevertheless, there I stood, shifting from where I was a few months earlier when I had wondered, “What is the difference between a Republican and a Democrat?” to now wondering, “Is there a difference?” After all, neither party suggested that markets free of government intervention would be able to provide all goods and services more effectively than politically regulated markets could.

Why would nature’s feedback favor the efficacy of free markets for some enterprises and not others? If nature’s feedback favored the efficacy of free (politically unrestricted) enterprises A, B, and C, why would it disfavor the efficacy of free enterprises X, Y, and Z, unless there was something peculiar or unique about them? If a free, unrestricted market was capable of delivering fresh milk to my front door, as was the case when I was a kid, it would seem natural that such a market would also be capable of delivering mail to my front door if allowed to do so, which was and is still not the case. But then, maybe both enterprises would fare better as government-regulated markets.

For nature to be inconsistent seemed implausible. Either a free market is a more efficacious social arrangement than a politically restricted market for all enterprises or no enterprises. Double standards seemed unnatural. I simply adopted the free-market alternative as more universally efficacious because my inherent bias drew me there, which was reinforced by the concern that if regulated markets did lead to greater efficiency and productivity, such would hold true for the most minute market exchanges.

In addition to my free-market bias, I regarded my life as my sole responsibility. Partial responsibility in which others become responsible for part of my life and I responsible for part of theirs was incomprehensible.

Around 1962, the Foundation for Economic Education (FEE) came to my attention with its published collection CLICHÉS OF SOCIALISM. The collection consisted of a couple dozen or so essays printed on 8½ x 11 inch sheets, each on a socialist cliché. The essays described the failures of socialist policies and the fallacious reasoning behind the clichés. Although I was excited to find some justification for free markets, the responses to these clichés did not tell me why free markets work better or even why socialism doesn’t work. Nonetheless, CLICHÉS OF SOCIALISM and other FEE materials led me to books and essays that kept my search alive. Discovering the why obviates the need to analyze every enterprise by every group of actors in every part of the world at every given time. Scientific truths are universal, necessary, and certain. If applying the free market to food production would lead to better food supplies in Oregon, the same should hold true in Zimbabwe — now, one hundred years from now, or one hundred years ago. There are underlying principles of nature that govern matter in motion, irrespective of the enterprise, actors involved, location of the event, or time of occurrence.

Also around 1962, I learned about the Free Enterprise Institute (FEI), a newly formed, for-profit educational organization headquartered in Los Angeles and directed by Andrew Galambos (1924–97), an astrophysicist. Art Sperry, an anesthesiologist I had met as a Parke Davis representative, organized an FEI course given by Galambos in Long Beach. I signed up for the premier V-100 course, “The Science of Volition,” which was conducted in fifteen weekly three-hour sessions. There were about twenty people in attendance, many of whom were physicians. This was exactly what I had been looking for because it offered a scientific approach to markets and society. …

I escaped the political box in 1964, and the views expressed here come from outside the world of politics and government. I invite you to escape that box as well. If you have already done so, I hope you will find further reinforcement here for having made that decision.

The thrust of this book is not about changing public policies, limiting or abolishing government, “fixing” America, or trying to change the world. Nor is this book about a crisis or the notion that if we don’t do something soon, civilization will collapse. I hope to convey an appreciation of liberty as the natural common sense way to view the social world and interact within it. The in­herent moral compass that guides our behavior in private matters can serve us just as well in public matters.

While political governments are constructs of disutility that cannot serve a useful social purpose, I consider political intervention to limit or abolish them as counterproductive since such activity endorses the use of dicta and force, which is the very reason political governments are constructs of disutility in the first place. Advancing social ideas that do not demand obedience or compliance requires far more personal patience than simply forcing others to comply via the political ballot box. Nevertheless, by way of volition, the widely held idea that dicta and force can serve a useful purpose will eventually fade into backward thinking in the so-called public sector as it has in the private sector. Time, nature, reason, and the human spirit will see to that. Irrespective of good intentions or the approval by consensus, nature’s unrelenting feedback will gradually drive ruling political authorities to extinction.

Liberty, Dicta & Force

A review by Jim Davies

If you read but a single book this year, let it be this one: it’s a masterpiece, and at only $2 on mises.org for a hard-copy or a free .pdf download, it makes a perfect gift.

The author is a highly accomplished but delightfully modest businessman, Louis Carabini. I suspect it’s a distillation of his life’s thinking, his magnum opus. That it’s a short work, a mere 112 pages, does not detract from that; it’s packed with wisdom, it compares well with Rand’s Atlas Shrugged – and makes good some of her omissions.

What struck me first is its density, the closeness of its reasoning. Carabini does not waste a word. This makes this book a slim volume, but an intense read. Prepare to stretch your brain!

Next I noticed that “ethics” and “morality” are not expressly referenced. Nothing wrong with those fine arguments for freedom; rational ethics are vital. But in Liberty, Dicta & Force (LDF) the author develops the idea of goodness, of right and wrong, from very basic premises; he reasons that harmless conduct evolved with the human race (and in other species!) because it was found to be the path most conducive to progress. That’s a thought that underlies rational ethics, but I’d not noticed it spelled out before. This is awesome! Do good – get rich; “rich” in the fullest sense, of living in peace and contentment. The “Golden Rule”, which is found in many religions, is even presented in its negative form: “Don’t do unto others what you would not have them to do unto you” as one frequently used in the early Church. The Non-Aggression Principle, almost verbatim.

So well entrenched is this human characteristic, LDF notes, that it normally governs the behavior even of politicians, in their private lives; their conduct as officers of the State may be appalling, but back in home, neighborhood and family, they are as civil and inoffensive as the next guy.

Then came reference to Richard Dawkins, the Oxford biologist who reasoned that living things exist not to advance each species as such but to favor their individual gene, which he dubbed the “selfish gene”. Animals, notably humans, behave so as to favor the gene by co-operating, most of all in small, kinship groups, helping members of that group by exchanging favors, exactly as markets do; and to make that work, “cheaters” or free-loaders are identified and excluded. This is how nature works, Carabini reasons; yet a political system is expressly designed to favor free-loaders at the expense of producers. Hence the whole idea of government violates nature itself.

LDF’s fourth chapter brilliantly ridicules the ubiquitous notion that “fairness” requires there to be a negligible disparity among incomes. I’ll leave the reader to enjoy it himself, but here’s an appetizer: redistribution is like “praising a bank robber who is trying to reduce inequality between himself and the bank owner and, as such, doing his best to reduce crime.”

The work continues, with one brilliant insight following another. For example discrimination is a vital human trait, used daily in an array of ways; yet employers are forbidden to use it when hiring, while employees can use it freely when joining or leaving. Students on campus protest speakers opposed to laws against discrimination, while welcoming those in their favor; the deep irony that the protesters are themselves discriminating goes unremarked!

It throws new light on the “tragedy of the commons.” The human gene is irrevocably selfish; we shall always each seek our own best interests and tend therefore to hurry to acquire what is openly available to all; however, it’s been found that given time, relatively small groups will work out a peaceful way to share such resources in an orderly way. Carabini picks the Plymouth pilgrims as an example – after the disaster of the initial commune, they changed policy and let each member keep the product of his own labor. The key is always that the solution is worked out bottom-up, not from a top-down edict. Often Governor Bradford is credited with solving the problem, with a top-down decree that flipped folk from communists into capitalists; but that version ignores the fact that they were required in the first place, by a different edict, to behave as communists as soon as they landed. Bradford merely formalized what the community subsequently figured out.

LDF’s eighth chapter offers a short version of the theme of L K Samuel’s In Defense of Chaos. It’s one that may cause some brain strain, as it did for me, but it beautifully confirms that all of Nature becomes orderly as a result of bottom-up adaptation, not top-down design. Scott Page is quoted: “An actor in a complex system controls almost nothing, but influences almost everything. Attempts to intervene may be akin to poking a tiger with a stick.” Anything there remind you of the market?!

There’s much, much more in LDF to delight the mind; it’s a first-rate feast. Before I run out of space, though, I must describe its single flaw.

It comes in the final chapter, #10, and is by no means unusual. That is subtitled “A Better Life – A Better World” and the reader reasonably expects it to suggest how this feast of a free society might be obtained in practice. Mr Carabini properly warns that political action is NOT the way, for that would be to deny what the rest of the book has proven: that action must be spontaneous, not directed from above. No problem so far. But then, to my dismay, he proposes nothing instead except “The foremost way to make the world better is don’t go to war, don’t go on the dole, don’t endorse politics, do good work and mind your own business.” That complements what appears on LDF’s back cover: “Nature’s unrelenting feedback will gradually drive ruling political authorities to extinction.” If the world’s archists keep their WMDs bottled up it may well indeed, given a century or three, and the quoted advice is excellent as far as it goes; but it doesn’t go nearly far enough. After 10,000 years of mayhem, misery, death and destruction by “political authorities”, Nature clearly needs a helping hand; not, of course, with force but with any viable peaceful method. Alas, LDF fails to suggest any.

There is at least one such method, but the irony is that this extraordinary book could itself become another. It may be a tad too cerebral for Joe Sixpack, but for others its power to persuade is huge. What do you think; should it “go viral”? Would you get some copies and help spin it on its way?

GENE SHARP 1928-2018


By Will Travers

[Editor’s Note: In early 1983, The Voluntaryists (with the Center for Libertarian Studies) sponsored a one-day conference in New York City on “The Politics of Nonviolent Action.” Gene Sharp presented the keynote address. Also, I wrote two reviews of his books in early issues of this newsletter. As this article concludes, Gene Sharp – for good reasons – was known as the “godfather of nonviolent resistance.” This article is reprinted from THE CATHOLIC WORKER (August-September 2018, pages 4-5).]

One week after his 90th birthday in January, the peace community – along with champions of social justice and self-determination around the world – lost a truly foundational figure. Gene Sharp was among history’s most prolific and tireless advocates of nonviolent action, whose increasingly global influence belied a humble, near-monastic way of life, religiously devoted to his work, his dogs and his orchids.

Owing in large part to the underground circulation in dozens of languages of his writings worldwide, Dr. Sharp gained more renown in recent decades than he had been used to. The press he began receiving in the years following the Eastern European color revolutions, and especially in response to the nonviolent movements that helped constitute the Arab Spring, concerned mainly a condensed, conceptual blueprint he had drawn up for Burmese activists in 1993 called FROM DICTATORSHIP TO DEMO­CRACY. Outlining in stark terms the wisdom of strategically planned nonviolent resistance to an authoritarian regime, the lessons contained therein traveled easy, and would later prove critical to the success of groups such as Otpor! in Serbia, and the April 6 Youth Movement in Egypt. With the downfall of dictators from Miloševic to Mubarak in mind, Sharp’s words have filled dissidents with hope and tyrants with fear. In 2016, a public reading of Sharp’s work in Luanda was enough for the Angolan government to sentence a group of demonstrators to prison terms of up to 8½ years. The offending main idea was put succinctly by Dr. Sharp in a 2012 article on CNN.com: “Dictatorships are never as strong as they think they are, and people are never as weak as they think they are.”

Not all of Sharp’s fame however arrived late in life. He had in fact become well known to an earlier generation of activists for the three tomes that made up THE POLITICS OF NONVIOLENT ACTION (Porter Sargent, 1973), a 900-page chef-d’oeuvre that had grown out of his doctoral work at St. Catherine’s College, Oxford. Opening with an expert analysis of power, obedience and consent steeped in political theory from La Boetie to Montesquieu to Maritain, and from Godwin to Tolstoy to Gandhi, Part Two famously included his typology of 198 methods of protest, persuasion, noncooperation and nonviolent intervention. A veritable activist’s toolkit, the ever-growing list was expanded upon recently in SHARP’S DICTIONARY OF POWER AND STRUGGLE (Oxford University Press, 2012).

Before arriving at St. Joseph House in 2009, I spent nearly a year working for Dr. Sharp and his colleague Jamila Raqib in the same East Boston row house where he had lived for decades, and on January 28th of this year, died peacefully. Supremely self-effacing and always quick with a joke, Gene also had the ability to be unequivocally direct, dissuading me once in 2010 from undertaking any sort of biographical portrait of him. He wrote via email, “My studies and my writings are what is important, not myself, much less the intricacies of how I have lived my life.” It is therefore in the most reverent spirit of disobedience that I include but the briefest, most basic profile, where what Dr. Sharp might consider “irrelevant details” respectfully thread together the various strands of his work.

Gene Elmer Sharp was born in North Baltimore, Ohio, to Paul Walter Sharp (a traveling Protestant minister) and Eva Margaret Sharp (an elementary school teacher, nee Allgire), on January 21, 1928. Attending high school in nearby Columbus, Sharp went on to earn his BA and MA at Ohio State University, capping his time there with a 500-page master’s thesis titled NON-VIOLENCE: A SOCIO­LOGICAL STUDY. Before long the Korean War had forced him to refuse conscription into the US Army, a decision which earned him nine months in a Danbury, Connecticut prison. It was during this time that he began a correspondence with Albert Einstein, who lauded Sharp’s act of defiance and in 1953 agreed to write a foreword to Sharp’s first book, GANDHI WIELDS THE WEAPON OF MORAL POWER (Navajivan Press, 1960). Bonding over a shared affinity for the Indian revolutionary leader whose views Einstein had once described as “the most enlightened of all the political men in our time,” the unlikely friendship between the seventy-four-year-old physicist and the twenty-five-year-old war resister left an indelible mark on Sharp, and served as an inspiration throughout his life.

Once out of prison, Sharp worked for a time in New York City as secretary to AJ Muste – one of the most well-known pacifists of the era and himself a Protestant minister (whose March 24, 1967 obituary in COMMONWEAL was penned by another of the era’s most well-known pacifists, Dorothy Day). In 1955 Sharp accepted an assistant editor position for the weekly pacifist publication PEACE NEWS in London. Finding himself two years later in Oslo, he worked next with Arne Naess at the Institute for Social Research, and began learning about the remarkable campaign led by Norwegian teachers resisting the pro-Nazi Quisling regime during World War II.

It was around this time that he made a profound realization and underwent a subtle, yet consequential shift in philosophy. Understanding that in virtually every successful, broad-based nonviolent movement a majority of participants will not have adopted nonvio-lence as a belief system, Sharp came to know that his life’s work would involve somehow isolating the pragmatic from the principled. This break with traditional Gandhian thought was matched in equal measure by a recommitment to studying Gandhi’s methods, no longer focusing, as he told the BOSTON GLOBE in 2005, “on any mahatma nonsense, but on pragmatic nonviolent struggle.” And so, while maintaining throughout his life a series of ideals entirely consistent with pacifism, Sharp made what some might call a strategic choice and decisively ceased to self-identify as a pacifist.

Sharp returned to England in 1960 to pursue his doctorate in political theory at Oxford, and once back in the US, finally settled in Boston during the mid-1960s. For the next three decades, he maintained aca-demic affiliations at Harvard University’s Center for International Affairs, as well as at Southeastern Massachusetts University (currently the University of Massachusetts Dartmouth), where he held a professorship in Political Science and Sociology. Following the publication of his magnum opus in 1973, his research for the remainder of the decade culminated in twin collections of essays  – GANDHI AS A POLITICAL STRATEGIST (Porter Sargent, 1979) and SOCIAL POWER AND POLITICAL FREEDOM (Porter Sargent, 1980) – featuring review essays of books by Erik Erikson, Joan Bondurant and Hannah Arendt, as well as Sharp’s ideas on topics as wide-ranging as civil disobedience, the abolition of war, and the importance within a democracy of a decentralized, robust civil society.

The 1980s saw Dr. Sharp pivot more definitively in the direction of what he and other researchers had years earlier begun calling transarmament, charting a realistic path towards how society can end its reliance upon militarism through a transition to nonviolent national defense. Using first the backdrop of the Cold War in Western Europe, in MAKING EUROPE UNCONQUERABLE (Harper & Row, 1985) Sharp made the case for non-violent deterrence against the Soviet nuclear threat, and nonviolent resistance in case of invasion. Towards the end of the decade, this was followed by a more generalized treatise on national security through transarmament titled CIVILIAN-BASED DEFENSE (Princeton University Press, 1990). Never one to remain content preaching only to the choir, Sharp actively sought out a diverse audience for his ideas, cognizant that his most influential conversions may be among policymakers or members of the military. This strategy helped lead Lithuania, and to some extent its northern neighbors Latvia and Estonia, to adopt in the early 1990s an official policy of civil resistance in response to potential Russian aggression – a complete anomaly on the world stage.

Yet it would be pro-democracy activists who most readily took Dr. Sharp’s lessons to heart, helping his work gain the recognition it deserved through heroic efforts to resist oppression around the globe. For example, in her LETTERS FROM BURMA (Penguin Books, 1997), Aung San Suu Kyi writes of “an expression much bandied about these days which, in its Burmanized form, sounds very much like ‘jeans shirt’.” She goes on to explain, “the expression actually refers to Gene Sharp, the author of some works on political defiance,” before mentioning that the ruling Burmese junta had been convicting people of high treason for mere possession of his books.

By the mid-to-late 1990s, these writings had then begun to spread far and wide, thanks in part to the efforts of the Albert Einstein Institution (AEI), a Boston-based nonprofit founded by Sharp in 1983 as a vehicle for the advancement and study of strategic non-violent struggle. Named for the man whose correspondence meant so much to a young draft resister three decades prior, the AEI commissioned research, conducted trainings and workshops, and managed the translation and dissemination of materials authored by Sharp and a first-rate team of researchers. Forced to scale back operations in 2004, the AEI in recent years has dedicated itself to the distribution of small-scale monographs (and within those, many of Sharp’s later works), the majority of which, including translations, are available for free at aeinstein.org. Under Sharp’s tutelage, the organization’s executive director Jamila Raqib has become in every way the senior scholar’s worthy successor, well poised to bring these ideas in front of younger generations and reintroduce, as Peter Maurin would say, “a philosophy so old that it looks like new.” Assuming the mantle of leadership gradually, Raqib has proven herself a captivating speaker whose 2015 TED talk, ‘The Secret to Effective Nonviolent Resistance,” has already been viewed over a million times.

As it happens, the AEI was not the first organization to dedicate part of its operating budget to the promotion of Sharp’s work. For over 100 years Boston has been home to Porter Sargent Publishers, founded by prominent social critic Porter E. Sargent when no other publishing house dared promote his controversial points of view. In 1951 the eponymous outfit was passed down to his son, F. Porter Sargent, who four years later launched a small left-leaning imprint called Extending Horizons Books with a reprint of Kropotkin’s MUTUAL AID. Perhaps seeing reflections of his own father’s tenacity, in the early 1970s Sargent agreed to release Sharp’s three-volume masterpiece after other publishing companies had turned it down. Having since put out more works by Sharp than any other author, including most recently 2005’s WAGING NONVIOLENT STRUGGLE, the imprint these days is helmed by Nelia Sargent, a third-generation pacifist, war tax resister, and the current chair of the AEI’s board of directors.

I got to know the Albert Einstein Institution in 2007, during a rather interesting time in the organization’s history. Pared down at that point to only Sharp and Raqib, through a bequest Nelia and the rest of the board were pleased to welcome me on as a (part-time) administrative assistant. This cash-strapped reality, however, was difficult to reconcile with the accusations that had begun rolling in, painting Sharp and the AEI as covert US government agents, secretly funded by the CIA. First it was Hugo Chavez who denounced Gene publicly in a July 2007 televised speech. Whip-smart and with a hint of rhetorical jiu-jitsu, less than ten days later Gene had fired off a missive to the Venezuelan leader suggesting that if Chavez was truly concerned with anti-democratic forces conspiring against him, Gene would be happy to send along a booklet he had co-authored called THE ANTI-COUP (Albert Einstein Institution, 2003), which detailed nonviolent ways for democratic governments to guard against political upheaval. Then perhaps even more improbably, Jamila and I arrived at Gene’s one morning in early 2008 to news that a fairly ludicrous Iranian propaganda video had surfaced overnight, complete with a cartoon version of Gene sitting in a nefarious-looking boardroom at the White House, plotting the overthrow of the Ayatollah alongside John McCain and George Soros. Though these are of course extreme examples, it was eye-opening to witness first-hand how simply providing sincere advice to those wishing to learn more about nonviolent struggle was enough to earn the ire and contempt of authoritarians from across the political spectrum.

But for every detractor the partisans had been arriving in spades. In response to accusations of taking direction from the Pentagon, CIA and Department of State, an open letter in support of Dr. Sharp was signed by scores of US foreign policy critics, including Noam Chomsky, Howard Zinn and Daniel Ellsberg. Indeed, throughout a seven-decade career as a writer and a thinker, Dr. Sharp earned accolades from figures as politically distinct as Einstein, Coretta Scott King, Republican Senator Mark 0. Hatfield, US diplomat George F. Kennan, the Dalai Lama and Nobel laureate in economics Thomas C. Schelling (who each at some point contributed a foreword to one of his books). He was the focus of an exquisitely shot biographical film allowing an unparalleled view into his life and work (2011’s HOW TO START A REVOLUTION), and in 2015 was honored with an official proclamation by the City of Boston declaring April 27th Gene Sharp Day. Internationally, he had been nominated twice for the Nobel Peace Prize by the American Friends Service Committee (the AFSC themselves won in 1947) and was a 2012 recipient of Sweden’s Right Livelihood Award. Some of the most welcome praise, however, came not from the peace community, but from hard-nosed realists, such as former Lithuanian defense minister Audrius Butkevicus and retired US Army colonel Bob Helvey. Both came to see the wisdom in what Sharp was preaching, driven primarily by an interest in adopting the most effective means of struggle available, but at the same time not unmoved by the significant humanitarian advantages to nonvio­lent methods. As Helvey says in the film, “Vietnam convinced me that we need to have an alternative to killing people.”

In a 2003 interview with Canada’s PEACE MA­GAZINE, Dr. Sharp tells the story of an audience member at one of his talks accusing him of simply taking the violence out of war. Of course for Sharp that was precisely the point, though for many peace activists this is where his ideas are at their most provocative in that, according to him, conflict is not at all something to be avoided. Instead, a cornerstone of Sharp’s philosophy is that conflict is in fact inevitable, and at times even necessary in order to stand up for justice when those around us are being oppressed. Whether we choose to engage in violent or nonviolent conflict, however, is entirely up to us, and as Catholic Workers committed to nonviolence we find ourselves compelled to learn how to resist war and injustice most effectively. In the preface to Part One of his 1973 classic, POWER AND STRUGGLE Sharp writes the following: “Mere advocacy of nonviolent alternatives will not necessarily produce any change… unless they are accurately perceived as being at least as effective as the violent alternatives.” Within this statement lies the key to finally shepherding pacifist ideals from the fringes of society into the mainstream, and it is in precisely this way that few political philo­sophers have done more to advance the movement that Dorothy Day and Peter Maurin began presciently in 1933.

Dr. Sharp is remembered today by his brother, Richard, as well as nieces, nephews, cousins, and a growing number of people around the world whose lives he has affected in some way. I remember him as a kind yet stern fatherly figure with whom I didn’t always see eye-to-eye, but whose sincere concern that I wasn’t meeting my own potential managed to push me in the right direction. Always happy to welcome me through the front door whenever I would go back and visit, I think it gave Gene solace to know how the CW community had welcomed me in New York, that the War Resisters League had eventually taken me in as well, and that later I had found a home in a doc­toral program myself. History, on the other hand, will re­member Gene Sharp as an advocate for oppressed peoples who believed in giving activists the tools for their own liberation. He will be remembered, too, as a groundbreaking theorist for how nonviolent methods can be used to resist injustice, dictatorship, even geno­cide; and through civilian-based defense have the potential to make even war itself obsolete. Finally, Dr. Sharp will be memorialized as the founder of an entire academic discipline centered around civil re­sistance, whose discoveries, like those of Einstein be­fore him, will forever change the way we perceive the world. For instance, while many nonviolent move­ments are spontaneous and severely lacking in terms of a larger strategy, as Erica Chenoweth and Maria J. Stephan noted in their recent book WHY CIVIL RESIST­ANCE WORKS (Columbia University Press, 2012), a great many of them nonetheless end up miraculously victorious. Understanding this deeply through decades of research, Dr. Sharp had the audacity to wonder aloud how much more effective these movements could be if nonviolent struggle came to be seen as a legitimate area of research, deserving of even a fraction of the resources that over centuries have been poured into furthering the ruthlessness of organized violence.

In biographical portraits throughout the years, Dr. Sharp had been variously referred to as the godfather of nonviolent resistance, the Clausewitz of nonviolent warfare or simply the Machiavelli of nonviolence. Although perhaps at face value the latter appellation does have an impressive ring, I rather tend to disagree, as it places far too high an estimation on the value of Machiavellian thought. In a lecture on civilian-based defense Sharp once said, “The doctrine that ‘power comes out the barrel of a gun’ is not a humanitarian – much less a socialist – doctrine. It’s a militarist and a fascist doctrine. And besides, it isn’t true… power in fact comes from people” (at precisely the ten-minute mark, accessible on the Vimeo platform). [Editor’s note: https://vimeo.com/8934568 is the link for the video.] If, despite all odds, we succeed at keeping this in mind, as history marches forth it may well be Sharp’s ideas that prove the most revolutionary.

Without Firing A Single Shot: Voluntaryist Resistance and Societal Defense Part II


By Carl Watner
From Number 128

(Continued from Part I)

Whipple was the first of many observers who noted that nonviolence might be used as a means of national defense. Indeed, some of the most notable cases of nonviolent resistance were carried out against foreign powers (Hungary against the rule of the Austrian Empire, Indian against British rule, and Germany against France and Belgium in the Ruhrkampf). In the midst of World War I, in August 1915, Bertrand Russell published an article in THE ATLANTIC MONTHLY. He wrote: “Let us imagine that England were to disband its army, after a generation of instruction in the principles of passive resistance as a better defense than war. Let us suppose that England at the same time publicly announced that no armed opposition would be offered to any invader, that all might come freely, but that no obedience would be yielded to any commands that a foreign authority might issue. What would happen in this case?” First of all he noted that if England disbanded its army and navy, any would-be invader, such as Germany, would be hard-pressed to find a pretext for invasion. Suppose, however, that a German army invaded an England where no one offered violent resistance? After evicting the King from Buckingham Palace and taking over the Parliament building, what would the Germans do if all the existing British officials refused to cooperate?

Some of the more prominent would be imprisoned, perhaps even shot, in order to encourage the others. But if the others held firm, if they refused to recognize or transmit any order given by the Germans, if they continued to carry out decrees previously made by the English Parliament and the English government, the Germans would have to dismiss them all, even to the humblest postman, and call in German talent to fill the breach.

The dismissed officials could not all be imprisoned or shot; since no fighting would have occurred, such wholesale brutality would be out of the question. And it would be very difficult for the Germans suddenly, and out of nothing, to create an administrative machine. Whatever edicts they might issue would be quietly ignored by the population. If they ordered that German should be the language taught in schools, the schoolmasters would go on as if no such order had been issued; if the schoolmasters were dismissed, the parents would no longer send the children to school. If they ordered that English young men should undergo military service, the young men would simply refuse; … . If they tried to take over the railways, there would be a strike of the railway servants. Whatever they touched would instantly become paralyzed, and it would soon be evident, even to them, that nothing was to be made out of England unless the population could be conciliated. …

In a civilized, highly organized, highly political state, government is impossible without the consent of the governed. Any object for which a considerable body of men are prepared to starve and die can be achieved by … [nonviolent] means, without the need of resort to force. And if this is true of objects desired by a minority only, it is a thousand times truer of objects desired unanimously by the whole nation.

Even though the 20th Century was dominated by two horrendous world wars, several other theorists followed in the footsteps laid out by Bertrand Russell. As early as 1931, Gandhi recommended a nonviolent defense policy to Switzerland, to Abyssinia in 1935, to Czechoslovakia in 1938, and to Britain in 1940. He even went so far as to suggest that “an invading army be met at some suitable place by a living wall of women and children, thus giving the invaders the choice of marching over them or of turning back. This advice ceases to seem so fantastic when one recalls that in Jena, on June 17, 1953, German women held up Russian tanks for half an hour by staging a sit-down in the street. A rifle volley in the air finally made the women flee, but special units trained in Gandhi’s methods would have refused to flee and would have forced the troops either to fire or mutiny. The invaders would have thus have to give in or to reveal their brutality to the world.” “The Congress Party in India rejected his proposal for a nonviolent defense in 1939, and again in 1940.” Gandhi recognized that India might use such a policy to defend itself from a possible Japanese invasion during World War II, and pointed out that if India were successful in driving out the British by nonviolent means, then India ought to be able to use nonviolence to defend her newly won independence.

“Potesto in populo” (Power lies in the people)

Even in the midst of war, American pacifists gave thought as to how nonviolence might be used. One such thinker was Jessie Wallace Hughan, one of the founders of the War Resisters League. In her 1942 monograph, PACIFISM AND INVASION, Jessie Wallace Hughan asked: what if an unarmed United States should be invaded by a foreign foe? [W]e contend that the country will not be under the necessity of submitting to the invader, but will have at its command the tactics of nonviolent non-cooperation, in other words, by a general strike raised to the nth power. Under this plan resistance would be carried on, not by professional soldiers but by the people as a whole, by refusing to obey the invaders or to assist them through personal services or the furnishing of supplies. …

In the present discussion, however, we are disregarding the alternative of submission to any degree, and assuming a people firm in the determination to die rather than yield as individuals, or as a nation, to the demands of an invader. No surrender but resistance to the bitter end, is the national policy. … [T]he soldierly virtue of enduring hardship and death for one’s country will have become the ideal, not of a single profession, but of an entire population.

Near the beginning of the Cold War, in 1948, E. Stanley Jones, in a biography of Gandhi, presented a similar scenario. If Russia were to invade and conquer the United States, he asked, would all be lost? “No! We could organize every man, woman, and child in the United States in a nonviolent resistance. We could withdraw all co-operation with the conqueror. You cannot rule over a people if they will not let you. We could break the will of the conqueror in five years. … If the objection is raised that this has not happened in the lands where Russia has overrun the country, the answer is that this method of nonviolent resistance has not been applied.” Jones concludes his discussion by noting that nonviolent resistance makes a nation “invincible.”

Authors of two books published in the late 1950’s supported the contention that nonviolent civilian-based defense could take the place of armies. Cecil Hinshaw, in his NONVIOLENT RESISTANCE: A NATION’S WAY TO PEACE, and Bradford Lyttle, in his NATIONAL DEFENSE THRU NONVIOLENT RESISTANCE, both asked – what would happen if the United States “had demilitarized herself,” and was then occupied by a Russian expeditionary force landing on our shores? They believed that every part of American culture would resist: Labor union members and unorganized laborers would refuse to cooperate with the Russians; managers, engineers, and administrators would do likewise; American policemen would refuse to enforce Russian rules and regulations; teachers would refuse to teach; commerce would be closed to the Russians unless they forcibly confiscated food, shelter, and clothing; the media would support the nonviolent resisters; and organized religion would bolster the spirit of the resistance, challenging the moral right of the occupying forces. “Such a total non-cooperation resistance would force the Russians to resort to a policy of total enslavement if they wished to exploit America.” The Russians would have to resort to direct coercion if they wished any American to work for them. After a few months, or years, the Russians would be worn down by the American attitude of resisting to death without fear or hatred, and recognize that their invasion had been an “abortive effort and withdraw her forces hastily.”

During the 1960s, the idea of nonviolent resistance drew attention from a larger audience. Not only was nonviolence a prominent part of the Civil Rights movement in the United States, but prominent defense theorists in Great Britain (and elsewhere) began to question the efficacy of national defense by conventional armies. Stephen King-Hall in POWER POLITICS IN THE NUCLEAR AGE reinforced the point made by earlier advocates of nonviolent resistance, namely, that “it is impossible to make any profit out of an occupied country unless there is collaboration by the inhabitants.” King-Hall noted that in conventional military thinking, occupation by enemy forces represents the end of the war and victory for the enemy. However, in the case of nonviolent resistance, such thinking was wrong: contacts between the enemy and the civilian population “provide an opportunity of winning the second and maybe decisive battle,” if the resistance is nonviolent in character. Noting that if the professional armed forces of a State have failed to keep an invader out, it is unlikely that “ill-equipped and untrained civilians” will succeed in using violence to expel an enemy, King-Hall went on to write that What the civilian population must do is to shift the area of conflict into the sphere of non-violence, since (assuming the civilians have been trained in advance) this involves techniques in which the occupying troops have not been trained. … These tactics require a nation trained in their use from school age upwards; they require staff colleges for teaching non-violent techniques and the production of handbooks. Adam Roberts, editor of a 1967 British book, THE STRATEGY OF CIVILIAN DEFENCE explained that civilian-based defense was designed not only to change the will of the opponent (by wearing him down), but “to make it impossible for him to achieve his objectives. Non-cooperation with an opponent’s orders; obstruction of his actions; defiance in the face of his threats and sanctions, attempts to encourage non-compliance among his troops and servants; and the creation of” parallel institutions to serve the country are some of the methods that could be used to resist an occupying force.

A similar study was published by the American Friends Service Committee in the United States in 1967. Titled IN PLACE OF WAR: AN INQUIRY INTO NONVIOLENT NATIONAL DEFENSE, this Quaker tract pointed out that civilian-based defense “is based upon confidence in nonviolent methods rather than a belief in nonviolence in principle.” Most of the nonviolent struggles of the past have involved masses of people who were not pacifists. In other words, practitioners of nonviolence need not be pacifists nor Quakers. It also compared the differences and similarities between nonviolent resistance and guerrilla warfare. Though both modes of fighting attempt to win the hearts and minds of the people, the latter, depends on secrecy and sabotage; the former on openness and non-cooperation. Guerrillas would blow up the train tracks; nonviolent resisters would block the train by standing on the tracks or by convincing the train crew to refuse to fuel or operate it. It was the studied opinion of the authors of this report that measures and policies based on nonviolence could provide an effective means of national defense for the United States.

“An army can beat an army, but an army cannot beat a people.”

The final discussion of nonviolent resistance which will be considered here is a fictional account written by Harry Browne in 1974. In “A Visit to Rhinegold,” Browne painted the picture of a country without political borders or political leaders which was invaded by the Germans during World War II. Since the Rhinegolders had no “government,” there were no “leaders” for the Germans to capture. The Rhinegolders ignored the Germans and went about their own business. The Germans, on their part, realized that they would require as many soldiers as there were Rhinegolders in order to force them to obey. Even the Germans saw the futility of such an approach. Browne’s description of Rhinegold illustrates the point noted by a number of theorists: “the more that control over society is centralized in a single command center, the easier it is for an invading enemy to conquer the entire nation by conquering that command center.” In other words, a nation with a centralized military and political defense mechanism is in far greater danger of being “taken over” than a nation where members of the civilian population have been taught to think for themselves and have been instructed in the basics of nonviolent resistance.

This observation about “capturing centralized command posts” brings to mind Randolph Bourne’s insightful essay “War Is the Health of the State.” Writing after World War I, Bourne noted the distinction between state and country: “[W]e have the misfortune of being born not only into a country [i.e., one’s homeland], but into a State, and as we grow up we learn to mingle the two feelings into hopeless confusion.” It is States that make wars, not countries. “War is a function of this system of States.” Countries do not make wars upon other countries. Bourne continues: They would not only have no motive for conflict, but they would be unable to muster the concentrated force to make war effective. There might be all sorts of amateur marauding, there might be guerrilla expeditions of group against group, but there could not be that terrible war en masse of the national States, that exploitation of the [country] in the interest of the State, the abuse of national life and resources in the frenzied mutual suicide which is modern war.

As Bourne and others have noted, the State establishes a compulsory monopoly of defense services over a certain geographic area and obtains its revenues coercively. Thus, to maintain that the State might defend itself nonviolently from a threatened invasion, as some pacifist theorists have maintained, is both inconsistent and contradictory. Since the State is an inherently invasive institution, it would be impossible for it to defend itself nonviolently. Will government agents “force” you to be nonviolent? Will you be thrown violently in jail if you refuse to pay your taxes? How could a State violently enforce a nonviolent defense against foreign occupation? Furthermore, what State would be silly enough to instruct its own population in the means of nonviolent resistance? Couldn’t enraged subjects turn nonviolently on their own State if they perceived it to be overstepping its legitimate authority? Would any national government wish to place such a weapon in the hand of its own people?

Voluntaryist Resistance
Voluntaryist resistance, which I have previously discussed in an article by that title, is not a matter of repelling violence, but rather that of enlightening deceived subjects. People must be prepared mentally, spiritually, and physically (in the sense that a strong, healthy body, leads to a strong, healthy mind) to resist the demands of the illegitimate State, whether it be a foreign occupation force, or a domestic government. As Mubarak Awad has written, “You cannot stop people when they want to be liberated … . The greatest enemy of the people and the most powerful weapon in the hands of the authorities is fear. [Those] who can liberate themselves from fear and who will boldly accept suffering and persecution without fear or bitterness or striking back have managed to achieve the greatest victory of all.” They have achieved self-control. “They have conquered themselves” when they recognize that they, as oppressed people, “have the option of refusing to cooperate if they are willing to pay the price.”

A stateless country, an anarchic society, which has achieved that status, is far more likely to maintain its independence and remain free of threats of foreign occupation. For one thing, such an amorphous country would pose no threat to its neighbors since it had no military establishment. For another, its development of nonviolent resistance as a means of societal defense, would make it exceedingly costly to be invaded by another State. Not only would such a strategy be less threatening to neighbors, and more daunting to would-be invaders, it would give “better results than war and at a lesser cost, and with a higher moral coefficient.” Furthermore, for even such a community to exist, its members would have had to accept the idea that no State, whatever or wherever, has any legitimacy. Much as the Rhinegolders, their answer to the demand “Take me to your leader,” would be to go home to their wives and families. Such a people would not even comprehend, much less begin to obey, demands that they answer to some “legitimate” political power.

The central lesson here is that even when threatened by government violence and government weapons, there is still that something which governments cannot seize. No government, foreign or domestic, can obtain the voluntary compliance of the citizenry without their consent. The Nazis found this out much to their dismay in Berlin in February 1943. A protest lasting several days on Rosenstrasse, involving over 600 women of mixed Jewish marriages, caused the Gestapo to release some 1500 prisoners. Some of those released had been scheduled to be shipped off to Auschwitz, and were the husbands of the protesting women. It was a novel experience for the Nazis to face unarmed men, women, and children offering nonviolent resistance.

Although the Berlin protesters were unharmed, the refusal to consent may be costly, dangerous, and even lead to death. Nevertheless the fact remains: Without the cooperation of the populace “maintaining power becomes costly or even impossible. All that is necessary to prevent” government domination “is to let the citizenry come to know its own strength. Or, in the timeless words of LaBoetie, ‘I do not ask that you place hands upon the tyrant to topple him over, but simply that you support him no longer; then you will behold him, like a great Colossus whose pedestal has been pulled away, fall of his own weight and break into pieces’.”

Such a stance against a government who has thousands, if not millions of soldiers, and million of dollars invested in the latest technological armaments may seem foolish, even insane. However as Leo Tolstoy noted, those who choose to resist “have only one thing, but that is the most powerful thing in the world – Truth.” And in the truth of nonviolence we find the following pearls of wisdom: “[T]he prim[ary] human obligation is to act fearlessly and in accord with one’s beliefs; that one should withdraw cooperation from destructive institutions; that this should be done without violence … ; that means are more important than ends; that crimes shouldn’t be committed today for the sake of a better world tomorrow; that violence brutalizes the user as well as his victim; that the value of action lies in the direct benefit it brings society; that action is usually best aimed at one’s immediate surroundings and only later at more distant goals; that winning state power” should be eschewed; that freedom begins with one’s self because freedom is self-control; that freedom is oriented toward a love of truth; and that all power depends upon the consent of the governed.

If you find this article interesting, you might want to read

How a Lawyer Found Voluntaryism


By An Anonymous Lawyer

I was born in the early 1970s and raised on a farm in the Midwest. In public school I was taught that the State was a necessary part of life without which we would have chaos and be invaded by other countries. I learned that democracy was the ideal form of government and voting was the duty of every good citizen. It took several decades before I recognized the true nature of the State.

The seeds of my doubt about the State were unknowingly planted by my father. He was a Republican, but he had an anti-authority, libertarian streak that he passed on to me. He often said that “you can’t legislate morality,” nor was he particularly fond of law enforcement, or, for that matter, public school officials. He wasn’t a fan of the State, but it was only because he believed that the wrong people were being elected.

During my teen years, I was a political junkie. I watched the news each night and was convinced that the world’s problems could be solved if more Republicans were elected and the U.S. military received more funding. I cringe now to think about it, but I was excited to vote for George H.W. Bush.

College was my ticket off the farm, so I applied and was accepted to a state college. It was there that I first heard the term libertarian and began identifying politically as a libertarian. A liberal professor caused me to reconsider my belief that U.S. military intervention is the solution to the world’s problems. Although I didn’t join the Libertarian Party in college, I started voting for Libertarian Party candidates.

Despite my new-found belief in a smaller State, I barely avoided joining the military when I was caught up in the drumbeat to war before the first Gulf War. I was one signature away from joining the Army and going to Officer Candidate School after college but nagging doubts about whether that’s what I wanted to do with my life and a high school friend who said in passing that I should be a lawyer changed my plans. I backed out of joining the Army and started focusing on admission to law school.

Law school was a different world. Professors and students assumed without debate that the State was necessary in all parts of life to force people to do what was “right.” My professors presented the legal system as a necessary tool of the State in which judges diligently applied case precedent to disputes to arrive at fair, well-reasoned opinions. Most of my classmates were liberal and believed that the State was a benevolent force for good. I learned to keep my libertarian thoughts to myself.

After law school, I joined a law firm that represented many government employees who had been retaliated against for whistleblowing. Those cases opened my eyes to the vindictiveness of a bureaucrat scorned. I was idealistic (and naïve) enough to believe that justice would prevail. Federal judges knocked that idealism out of me. I quickly learned it was a legal system, not a justice system.

9/11 came and went, and my concern about the erosion of constitutional rights deepened. I formally joined the Libertarian Party thinking that would make a difference. It didn’t, but it did introduce me to the non-aggression principle, which I’m sure I heard back in my college days but had ignored.

I started my own practice, and began dealing with even more bureaucrats and politicians. My view that the State merely needed the right actors to work properly took a beating. Finally, after working in and around the State for several years and seeing “how the sausage gets made,” I could no longer avoid the fact that the State causes much more harm than good. Its purpose is not to solve problems, prevent disputes, or even to protect us, but to perpetuate its existence and increase its power (and thereby the power of those people who form the State).

Election after election changed nothing and only underscored in my mind that electoral politics is a waste of time. There had to be a better way. This started me delving more deeply into libertarian topics, including anarcho-capitalism, and listening to libertarian-oriented radio shows.

It was while listening to a radio show called “Free Talk Live”, that I first heard the term “voluntaryism”. I started reading about voluntaryism online and that led me to voluntaryist.com. I devoured the contents of the site.

Voluntaryism makes sense to me. The majority voting one way or the other doesn’t make a wrong right. Electoral politics is simply dressing up violence in a socially acceptable manner. I’m embarrassed now that it took me so long to discover the beautiful, peaceful doctrine of voluntaryism. Better late than never.

Voluntaryism: Some Personal Reminiscences


By Wendy McElroy

1982 seems like a century ago, but some memories are fresh. One summer afternoon, Carl Watner, George H. Smith, and I created a movement. Or, more accurately, we revived and redefined a movement under a name we knew from reading 19th century British libertarian history. George explained that opponents of state-funded, compulsory education called themselves ‘voluntaryists’ – a term popularized by Auberon Herbert, a disciple of Herbert Spencer. We never imagined that Voluntaryism would become such a vigorous presence within the modern-day freedom community, however.

voluntaryism wendy mcelroy

The meeting occurred during one of Carl’s visits to the apartment in Hollywood, California, that George and I shared. It lasted a few hours, with Carl and I sitting on the couch that pulled out to form Carl’s bed at night, while George spent much of the time pacing in front of us. Afterward, we dropped by a nearby coffee shop for dinner, where conversation continued unabated. Many radical movements have probably sprung from similarly humble beginnings, but it didn’t feel humble to me. I remember my fingertips were tingling – literally tingling – during part of the discussion; George had a restless energy, and Carl was smiling far more than usual. Voluntaryism felt electric then; it feels electric now.

But I am ahead of myself already.

What is Voluntaryism? The political philosophy was and is based on the non-aggression principle. That description is inadequate, however, because it does not distinguish Voluntaryism from mainstream liber­tarianism. The distinction: Voluntaryism identifies electoral politics as a form of aggression and advo­cates the use of non-political strategies instead. It returns to the spirit of 19th century American liber­tarianism, which was both profoundly anti-political and passionate about practical paths to freedom. (More on this shortly.)

The timing for an anti- and non-political move­ment was perfect. The Libertarian Party had been founded in 1971 and, following the 1980 federal elections, it became the third largest party in the U.S. Especially in New York and California, it spread rapidly. Formerly “hard core” anarchists started to join the LP – Murray Rothbard among them. They began to argue that voting, campaigning for politicians, and even holding office were the best ways to achieve a stateless society. Suddenly, anti-statists argued passionately for the state … as long as libertarians held the reins of power. The non-political anarchists were soon called silly dreamers, whose ideas of removing the state from our lives were impractical.

There was backlash against the LP, of course. Unfortunately, much of it was either ineffective or counterproductive. Samuel E. Konkin III (SEK3) – the originator of agorism – was loudly consistent in his attacks, but he and his associates could be strident and could sound unreasonable. For example, they descended on supper clubs and heckled libertarians who were running for political office. Robert LeFevre was a far better communicator, but his philosophy included a pacifism that many, if not most, people found to be unpalatable.

Carl Watner
Carl Watner

Carl, George, and I realized that a comprehensive, integrated rebuttal was necessary to counter what might become a turning point in the movement; that is, a turn toward electoral politics. More than a simple anti-state manifesto was required. Our advocacy of Voluntaryism had to present a clear and positive vision of how freedom would emerge from peaceful interactions. We needed to address modern issues through that filter, while, at the same time, presenting the history of how everything from hard money to customary law originated from people voluntarily interacting, not from governmental bureaucracy. We had to demonstrate how the state could be abandoned, and show how history was replete with examples of voluntary institutions that offered the services usually provided by the state.

The statement of purpose for Voluntaryism reads, “The Voluntaryists are libertarians who have organized to promote non-political strategies to achieve a free society. We reject electoral politics, in theory and in practice, as incompatible with libertarian goals. Governments must cloak their actions in an aura of moral legitimacy in order to sustain their power, and political methods invariably strengthen that legitimacy. Voluntaryists seek instead to delegitimize the state through education, and we advocate withdrawal of the cooperation and tacit consent on which state power ultimately depends.”

If I were to change the statement today, I would insert a sentence to emphasize the need for alternative paths to freedom.

George H Smith
George H Smith

The three of us had different strengths with which to approach the challenge of founding a movement. We were a good blend. This was evident from the first issue of THE VOLUNTARYIST which was pub­lished in October 1982. The feature article was “The Ethics of Voting” (Part 1 of an eventual three-part article) by George. It reflected his more theoretical bent and confrontational style. My contribution was the editorial “Neither Ballots Nor Bullets,” which was heavily influenced in both content and style by my research into the 19th century American individualist anarchists. Carl was more sophisticated about nonviolent resistance, having put it into impressive practice within his own life. Carl’s contribution was a book review of Gene Sharp’s remarkable three-volume work, THE POLITICS OF NON-VIOLENT ACTION. This and many other of Sharp’s books were to play an essential role in defining the non-electoral strategies embraced by Voluntaryism.

The libertarian response to Voluntaryism was immediate and divided. Many libertarians were intrigued or enthusiastic, especially because THE VOLUNTARYIST stressed hands-on activism. For example, Issue 5 (April 1983) featured an interview I conducted with Paul Jacob, who had been indicted on September 23, 1982 for failure to register for the draft. He chose to avoid prosecution by “going on the run.” THE VOLUNTARYIST was young, fearless, and filled with ideals. Some prominent figures in the movement, including the charismatic Robert LeFevre, were generous in their support. LeFevre’s article “How to Become a Teacher” appeared in issue 3.

Some responses were not so pleasant. Libertarian ‘politicos’ snickered about the name, claiming the movement was doomed because no one would be able to pronounce the word “Voluntaryism.” Other responses were more bizarre. For example, Murray Rothbard’s response to George’s anti-electoral stand, which seemed to particularly rankle him.

In March 1983, the LIBERTARIAN FORUM ran an article by Murray entitled “The New Menace of Gandhism,” in which he lambasted libertarianism’s recent “non-violence fad.” He explicitly stated his motive for doing so. The “fad” had been “picking off some of the best and most radical Libertarian Party activists, ones which the Party could ill afford to lose if it were to retain its thrust and its principles.” In other words, Voluntaryism was making an impact. And, to his credit, Murray correctly identified the principle of non-violence and the practice of electoral politics as antagonistic forces that could not coexist. He knew an enemy when he saw one.

Murray Rothbard
Murray Rothbard

Murray’s article stated, “The time has come to rip the veil of sanctity that has been carefully wrapped around Gandhi by his numerous disciples, that … greatly inspired the new Voluntaryist movement.” Murray was a good friend of mine. But I must confess, to this day, I do not understand his criticism that Voluntaryism was based on Gandhi. None of us understood it. It was true that a quote from Gandhi headed the newsletter: “If one takes care of the means, the end will take care of itself.” Gandhi was an influence on the Voluntaryists, but so were many other people, such as Benjamin Tucker, Lysander Spooner, Robert LeFevre, and even Murray himself. As I remember, Carl was most influenced by Gandhian philosophy, and I came in second. Why George was singled out for attack when he was the least Gandhian of the Voluntaryists is also something of a mystery. I expect that George’s arguments were proving too persuasive.

I did not escape unscathed, either. At one point, Murray stated, “Smith, McElroy and others deny vehemently either that they are mystics or that they are courting martyrdom. I remain unconvinced.” Again, the accusations were so bizarre that it was difficult even to respond. If I have a regret about Voluntaryism, however, it is this: Murray and I experienced a schism that never quite healed.

It has been a long journey since that first issue of THE VOLUNTARYIST. I will always be proud of being the newsletter’s first editor but, frankly, I don’t remember how it happened. At the planning session for the newsletter, the three of us agreed to a revolving editorship, and the first shift went to me. Perhaps it was chance; perhaps I had available time. Whatever happened, within a few years, the task of editorship fell entirely upon Carl, who has done yeoman’s work in keeping it active and continuous. From time to time, George and I have made “appearances” in THE VOLUNTARYIST, but we have not been involved in its production for many years. Carl is the one who deserves applause for keeping it alive these many years. The fact that there is a Voluntaryist movement today (2018) is evidence of the strength and truth of its ideas and principles.

“Anarchist’s Progress”


By Ken Knudson

When I was 12 years old, I shot and killed a wild rabbit with a .22 rifle my parents gave me for my birthday. This so affected me that I resolved never to kill another animal again. Five years later, I carried that idea to what I considered its logical conclusion and became a vegetarian – something unheard of in the ‘fifties in the small Wisconsin town I was raised in.

The following year, in 1959, I became liable for conscription.  By law, at that time, every American male was required to register for the draft when he turned 18, even though Korea was behind us and Vietnam not yet a twinkle in Kennedy’s eye. I refused to register (despite a felony penalty of up to 5 years in prison and a $250,000 fine) and wrote a letter instead to the director of the Selective Service System telling him why. I also sent a copy of that letter to my local newspaper, the Door County ADVOCATE, who printed it, with the inevitable patriotic reaction from furious subscribers.

In that same year, I enrolled as a student at the University of Wisconsin in Madison. The university, being a “Land-Grant College”, required all freshman and sophomore male students to follow a course of ROTC (the Reserve Officers’ Training Corps). I refused to attend these classes, wanting nothing to do with an institution whose ultimate purpose is to kill people. The university’s policy at the time was that if you failed a required course twice, you were automatically expelled. Fortunately, there was a committee established to consider exemptions from ROTC due to conscientious objections.  Up until that time, the criteria used required (1) a refusal to participate in ALL wars, and (2) the belief in a supreme being guiding that principle.  While, as a pacifist, I fulfilled the first requirement, as an atheist, I decidedly did not fulfill the second. Luckily for me, 3 of the 5 members of the exemption committee ignored precedent, bent the rules, and I became the first non-religious male student in the university’s history up until then to be absolved from ROTC for conscientious reasons.

As I entered university, my political ideas were a vague mishmash of “progressive” views, many of them self-contradictory. I decided to put them on a more rational footing and so I set out to look for a system with fewer internal inconsistencies. What I knew for sure was that I was a pacifist, determined to avoid killing other human beings and dedicated to using non-violent means to achieve social change. With that principle in mind, it became obvious to me that I would have to also be an anarchist, since pacifism prohibited the use of armed force. And without police or an army, the state couldn’t exist. Ergo, I must be an anarchist because I was a pacifist. The latter implied the former!

But what sort of anarchist was I?  Clearly the bomb-throwing “propaganda by deed” variety was out of the question. I decided to do a little research at the Memorial Library and came upon a remarkable book: Benjamin Tucker’s INSTEAD OF A BOOK (1893).  This was a real eye-opener for me. Everything he had to say made sense to me and his “plumb-line” logic connected everything together into a system I felt comfortable adopting as my own.  Tucker called his philosophy “Individualist Anarchism”; today one might refer to it as “Voluntaryism”. That was nearly sixty years ago and I still adhere to its basic tenets to this day.

As a student, graduate student and eventually junior faculty member at the university, I was active in the anti-war movement. I was the head of the Student Peace Center, which sponsored lectures by pacifist speakers, demonstrated every Hiroshima Day at the Capitol Square, organized the annual “Anti-Military Ball” (to counter the ROTC’s “Military Ball”), and distributed pacifist literature at our booth in the Student Union.

When the Vietnam war raised its ugly head, we became even more active, spearheading the student rebellions on campus that led to demonstrations against Dow Chemical, an attempt to make a citizen’s arrest for war crimes of the commanding general of nearby Truax air force base, and other activities which were depicted in the Academy Award nominated documentary, “The War at Home”.  (That film opened by showing me being interviewed before the local IRS office to protest the use of taxes to finance the war.)

Tax resistance became an important means of opposition to the war for me. I was determined not to turn over any money to the vultures at the IRS to prosecute the government’s immoral war.  To that end, I had worked several part time jobs, earning an income in each one below the threshold whereby withholding tax would be deducted. But with a family to support, I found that method bothersome, so I devised a scheme whereby I could earn a decent income and not have anything withdrawn from my paycheck. I simply declared I had 12 (non-existent) child dependents on my W-4 withholding tax form, a number high enough to prevent the government from withholding any taxes. Then, when April 15th rolled around, I could thumb my nose at the IRS and tell them they weren’t going to get any money for that war from me.

That worked for a few years, but in 1966 the attention derived from my annual protests caught up with me and it became apparent that I would either have to go to jail or leave the country.  Since I had already experienced a few unpleasant incarcerations for minor offenses and didn’t care for the idea of an extended one, I chose to leave the country.

I managed to land a job at CERN (the European Organization for Nuclear Research in Geneva, Switzerland), where I was employed as a physicist until my retirement in 2003.  This was fortunate for me on two counts: first, I was only one of three Americans employed by them as a permanent staff member and, second, as an international organization, employees of CERN are considered diplomats and therefore exempt from taxes – thus relieving my conscience in not having to contribute to paying for the many things I object to governments spending money on!

While in Europe, I continued my activities against the war in Vietnam.  I penetrated an American army base in Munich and distributed in the mailboxes of GI’s a leaflet I composed, asking them to resist their deployment to Vietnam.  I was arrested by the MP’s and turned over to the German police, who charged me with “encouraging NATO troops to desert” – an offense I never committed since I didn’t ask them to desert, but rather to stay within the army and sabotage and otherwise resist. But there apparently wasn’t a statute on the books for that, so they charged me with the desertion offense instead.  I was tried a few days later at a trial I couldn’t understand and found guilty and sentenced to two years in jail – thankfully suspended after agreeing to never return to Germany again!

I wrote articles and letters to a variety of anarchist publications in England (“Freedom” and “Anarchy” in particular) and became a foreign correspondent for the New York based pacifist magazine, WIN.  In 1971 the editor of “Anarchy” magazine, Bill Dwyer, asked me to write a full-issue article for them critiquing communist-anarchism and setting forth the individualist-anarchist alternative.  This I did, but unfortunately the magazine folded just before it could publish my essay as its issue number 119.  In 1983 the “Voluntaryist” published the chapter on “means” in its sixth issue. Subsequently, the whole essay was finally brought into print by Kevin Slaughter in 2017 in paperback form under the title “A Critique of Anarchist Communism”.

I have done little in recent years as an activist for “the cause”, although I continue to cling to my anarchist-pacifist beliefs as tenaciously as ever before. I’ve opted more toward the Max Stirner (1806-1856) line of egoism in my daily life than for the activism which seems hopeless to me now in a world where the state holds all the trump cards (no pun intended).

However, my most recent gambit has been my TO WHOM IT MAY CONCERN, which appears below. Unfortunately, in today’s world, one needs a passport to travel across borders. Without one, I would not be able to visit my children in England or the United States. Therefore, every ten years I would renew my American passport as an expediency to facilitate travel. But a few years ago, I was so disgusted with the United States that I considered finding another country whose passport I could use instead. Having a French wife for over twenty years and also having been a resident of France for even longer than that, I figured I could qualify for French citizenship, and I took the initial steps to that end. It took a couple years of bureaucratic red tape and jumping through ridiculous hoops (like tracking down my parents’ original birth certificates from over a century ago), but I eventually succeeded in obtaining French nationality. But before finalizing the operation, I had to fill out a form for the French government declaring whether or not I wanted to renounce my American citizenship. I checked the box which said “yes”, but when I looked into how I could legally do this, I was amazed to see that it wasn’t at all easy. It would require at least two trips to the U.S. embassy in Paris and all kinds of bureaucratic forms and personal questions I was unwilling to answer. It also requires a $2,350 renunciation fee – something I would never accept since I do everything I can to keep money out of the hands of those war mongers. So I drafted that statement instead and carry it with me, along with my French passport, whenever I travel abroad.

TO WHOM IT MAY CONCERN:

Henry David Thoreau informed the world in his classic 1849 pamphlet “On the Duty of Civil Disobedience”, “Know all men by these presents, that I, Henry Thoreau, do not wish to be regarded as a member of any incorporated society which I have not joined.”  In particular, Thoreau noted that he had never “joined” the United States and, therefore, he did not feel compelled to obey its laws – which led to his imprisonment for refusing to pay taxes to finance the Mexican war, which he considered immoral.

I, too, have never joined the United States and, despite the accident of being born within what it supposes to be its sovereign borders, I do not consider myself to be a subject of that state.  I therefore make the following declaration:

KNOW ALL MEN AND WOMEN BY THESE PRESENTS, THAT I, KENNETH ALBERT KNUDSON, DO NOT WISH TO BE REGARDED AS A SUBJECT OF THE UNITED STATES OF AMERICA AND, THEREFORE, FORMALLY RENOUNCE MY “CITIZENSHIP” IN THAT COUNTRY.   ANY AND ALL “PRIVILEGES” (SUCH AS SOCIAL SECURITY AND MEDICARE BENEFITS) AND/OR “DUTIES” (SUCH AS TAXES AND MILITARY SERVICE) IMPLIED BY SUCH CITIZENSHIP, I EQUALLY REJECT.

Kenneth Knudson
Annecy-le-Vieux, France
February 29, 2016

How Others Became Voluntaryists


Abel, Charlie: Politics is Rotten

For me, it started in 2006 when I learned about the income tax scam. Then, in 2008, I helped with the Ron Paul presidential campaign and saw first hand all the backstabbing and what a rotten system politics really is. Then, I continued to learn by reading the voluntaryist website and listening to Marc Steven’s radio show, The No State Project. After a while, it was a natural progression to realize that a voluntary based society is the only system that is compatible with human nature, because it’s obvious that you can persuade, motivate, and give incentives to people, but you just can’t force them to do anything. The old adage, “you can lead a horse to water, but you can’t make him drink,” pretty much sums it up.


A Grateful Subscriber: My Evolution as a Voluntaryist

Dear Carl,
I really appreciate this opportunity to correspond with you! Of course you know that people with beliefs like ours are considered the Ultimate Radicals and I often experience a sense of isolation, even among friends, because the gulf between my beliefs and theirs simply cannot be bridged. Even when we discuss issues [which is often], our conversations become a game of Devil’s Advocate; no matter how sound my logic, how morally true my arguments, there seems to be a wall up in their minds that prevents them from giving any serious thought to the notion that Government by its very nature is destructive and immoral.

I found your web page; really enjoyed your article about the mails. I’ve also found segments of Lysander Spooner’s NO TREASON on the web, which are incredibly persuasive, moral and practical (The Constitution of No Authority, especially, is incredible) . Since my last letter to you I’ve read FOR A NEW LIBERTY and also DISCOVERY OF FREEDOM, by Rose Wilder Lane . I had been teetering on the edge of “anarcho-capitalism” when I wrote to you last, and Rothbard’s book, coupled with the issues of THE VOLUNTARYIST you sent, kicked me right over. The transformation has given me a surprising sense of peace, as it seems to be my natural inclination, which I’d never been able to articulate before.

A little about myself: I was raised to be a good liberal, and chanted the mantra “Regulate, Redistribute” until I was pregnant and planning a home birth. I was shocked to discover that midwives had been “taken in” at gun point, had their records seized, and been incinerated for “practicing medicine without a license.” From there I discovered vaccination legislation, homeschooling regulation, and other controls which I knew instinctively were not in the sphere of “legitimate” State interference. From there I became your standard American constitutionalist, Restore the Constitution, Restore Liberty, etc. I read voraciously, both extremist patriot literature and more scholarly studies of American History, and while I knew that a return to Constitutional principles would certainly be infinitely preferable to what we have today, to me it seemed that Constitutional limits on government were not enough. I was especially annoyed each time I heard the rallying cry “State’s Rights!”, for to my mind, the state had no more right to control an individual than the feds. But nothing I read seemed to hit the proverbial nail on the head, including mainstream Libertarian Party type literature. When I read the John Singer article in JOURNAL OF ALTERNATIVE EDUCATION, the name “Voluntaryist” struck me as something important, and the rest is history.

I still subscribe to several patriot publications, with THE NEW AMERICAN being my favorite, but I have released my fantasy of America Restored as “the answer,” which has not been very difficult. I’d always had nagging doubts about the reality of American Liberty (apart from slavery) at any point in history, as I’d read court cases and quotes from very early on which struck me as “not quite right”. I just didn’t know there was, or could be, anything MORE right. But an “anarcho-capitalist” friend put it to me quite well one night. He said something like, “If we want to avoid the Ultimate Totalitarian State, a world State, we cannot merely rethink government, we must exist without it!” And that made perfect sense to me. It seemed that just as a baby MUST grow into an adult (unless it dies), the nature of the State is always to increase its own power, until it becomes the Ultimate Authority, replacing not only all national governments, but also the Creator, the ONLY real nonpolitical authority which exists.

First published in Issue 89 of The Voluntaryist


Anonymous: What My Father Taught Me

The most basic and important lesson I learned while growing up [in my father’s store] was that you must cheat on your taxes to succeed or even survive in business, and that most everyone who could, did so. It all began when I realized we treated the front ‘cash’ register different from the ‘back’ cash register. After a little persistent questioning, my father said that we paid taxes on one, but not necessarily the other. He explained that if we paid taxes on every dollar of sales, we would barely break even, and that if we went out of business both we and our customers would be worse off. The meaning of this was clear to me and I understood its implications. This was not stealing. It was our money and if we gave it to the government they would just go and build more urban renewal [or spend it in ways different than those who paid it would have chosen]. Getting ‘let in on’ the family business made my job even more enjoyable, and I would regularly divert sales to the tax-free register.

As I learned more about our operation, it seemed like everything we did violated some government rule or other, but none of the regulations – from recycling prescription bottles to the location and storage of cocaine – made sense. We never got caught and never got sued. I never heard a customer complain and we had plenty of happy long-term customers of all races and creeds.

First published in Issue 152 of The Voluntaryist


Bayer, Kris: My Sense of Justice Revised

Voluntaryism makes sense to me today because I see it as the only way to relate to others on the basis of such things as honesty, respect and mutual agreements. Voluntaryism is the only means for accomplishing peace, prosperity and freedom. I so long for these things!

When I was little, I was told how horrible I was. Free expression of my questions, my emotions, and my intuitive statements were never allowed. I learned quickly to just remain silent, but sometimes I just had to cry out, “This is not right! You do not treat people like this!” My sense of justice was developing early.

In high school I loved my government class, writing and arguing a point. In college in the 80s, I continued to follow my quest for knowledge regarding human relationships in the political, educational, and economic worlds. I involved myself in various rallies to legalize homeschooling, legalize home birthing, and stop abortion. Eight men in Nebraska were put in jail, and the authorities padlocked their church. I was at the rally. I wrote letters to my congressmen and editors of the local papers. One congressman had the nerve to write to me saying, “Because there is no law, it is illegal.” I was shocked. I cried out, “That is not right! How can they make enough laws to cover every detail in our lives?” Little did I know at the time, that was exactly what they were doing.

A seminar on God and government provided great stimulation for my inquiring mind. I thought, what does God have to do with government? This started me on a path to understand our American system and its history. I grew to respect the Founding Fathers and what I thought at the time to be our system of freedom.

The Republican Central Committee was a place for me to do something and do my part in preserving freedom, I thought. That did not happen. Soon I discovered Howard Phillips and the U.S. Taxpayers Party (which became the Constitution Party.) I became an Independent, and we worked in Nebraska to get Howard on the ballot in the 1990s. This did not happen either. However, the third party debates were fascinating to me, and I soon discovered all kinds of political ideas. The media control protecting the two party system is not right!

Homeschooling seven children took me out of the public world and into our home to study more on the American founding principles. Over the years of listening, learning and experiencing the realities of our social world, I realized that the systems that surround much of our experience treat us as children. Children grow up with parents and teachers dictating their world and experience. Once we think we become an adult and finally graduate from home and school, we end up in another system that attempts to dictate the rest of our lives with regulation, taxation, and threats of punishment if we do not comply and obey. I cry out, “This is not right either!”

My middle daughter was born in 1992; her name is Liberty. What a precious concept! America is the land of the free and the home of the brave. Right? I was discovering this is not so! I think my kids were more free than I was. They did not have birth certificates, vaccinations or social security numbers. We enjoyed our home and each other. I still have the two youngest at home teaching me more about life and social relationships.

The more I read and experience this world, the more I discover that relationships matter the most to me. My children were certainly human beings, not objects and numbers. With each child I discovered that they each are special and definitely an individual with their own purpose and destiny. It was not my job to dictate who or what they were but to enjoy the unfolding of their discovery.

I refuse to be a number and yet that is how I am treated by the system we have in place. My twelve-year-old daughter and I were having one of THOSE conversations the other day. She was angry and not willing to accept what I had to say. “Mom, you are treating me just like you complain about the government treating you. You do not like it any more than I like being treated this way,” she said. I laughed. She was not happy with me, but right on! The government is treating us like children or just plain numbers. This is not right!

Four years ago, I moved to Colorado and met a woman that introduced me to V-50. Her mom was in Andrew Galambos’ live lectures in California in the 1960s and 70s. I purchased the V-50cd set that J. Snelson prepared in which he elaborates on the original Galambos material. I listened to over 50 hours of these lectures on the science of freedom. Now I am listening to the original lectures by Galambos himself. Galambos and Snelson changed my world. I finally found what I was looking for: a peaceful, just, and humane way of solving my problems and the world’s problems. What a beautiful world that can be created with voluntary action!

I thought I was an anarchist. I loved reading The Conscience of an Anarchist by Gary Chartier. What a compelling argument. I agree it is time to leave the State and build a free society! However, anarchy has such a negative connotation I think we need a new word. I like voluntaryism. It sounds better. So I am a voluntaryist, if I have to have a label. Generally I do not fit too neatly in any box so I hesitate labeling myself. I just think that how we treat one another and engage in exchange with others must be voluntary if we want peace, prosperity and freedom. I so long for these things!


Buhl, Andrew: How I Became a Voluntaryist

Many years ago I worked with a fellow who said he was a ‘libertarian’. He never explained what it was, other than the fact that libertarians were ok with him smoking marijuana. I wrote it off as something akin to the marijuana party. But a seed of a different kind had been planted. Fast forward to the last year or so when I started to realize that my involvement in the structured system that most people accept as normal wasn’t working for me, but actually against me and almost every one else, the seed started to germinate.

I had been talking to a friend in NYC about libertarianism and liked what I was hearing. I was struggling with some of the social network issues (I am Canadian) such as socialized medicine and social assistance for the disabled and unemployed. He agreed that the Canadian model worked better than the big medicine/ big pharma model from the USA. Then I started to think. I don’t use a regular doctor, I go to a doctor of Traditional Chinese Medicine, that isn’t covered under our provincial health plan. I came to realize i was paying through the provincial health plan for EVERYONE ELSE’S health care and then paying cash for my families on top of it. The snowball was rolling down hill and picking up mass and speed.

Then another friend from Manitoba posted something about voluntaryism on Facebook. Wow. It blew my mind. It was every thing I knew in my heart to be right. Living your life the way you want and allowing others to be free. Such a simple concept but it was like the red pill in the matrix. It radically changed my life outlook. I read more and realized that government is self perpetuating, that there is no such thing as just a little government, that it will always regrow. It made voluntaryism the only conceivable alternative.

I had been politically active in the past and now realize that no participation is the only reasoned response in light of the facts I had been presented with. I realized that heath care, unemployment insurance, welfare were all more expensive though the system as there are always attendant administrative cost that are part of normal operations.

Now I am a outspoken and unapologetic voluntaryist. Something I don’t see changing anytime soon.


Duncan, Don: My Political and Economic Re-Education

This is a subject I have thought about since 12 and studied online at mises.org. among other sites. I went to the library at 13 and checked out “The Communist Manifesto” because my father and grandfather were communists. I was given books by Marx and Engles my father had hidden. He was afraid to admit his political beliefs for a long time. We met a 74 year old socialist economist who ran his garden supply & nursery when I was 16. Every Sunday, if it was raining, we would discuss politics and economics for hours instead of working in the garden or yard. Harvey (the socialist) told me to investigate the Federal Reserve Act. He claimed it was the worst piece of legislation ever passed. I have read many books on it. He was correct. My political and economic re-education was by independent reading, not in the public system. I remember being sent to the principle’s office at Whitney Ave. School for asking questions of my teacher, Jack Smith, could not answer. Why? Because my questions pointed out his contradictions. (He claimed the U.S. was Capitalist but could not explain import taxes to protect American businesses at the expense of American consumers.) At La Sierra I constantly argued with Mr. Frizzi when he criticized Capitalism. His slanders were unsubstantiated and I kept pointing that out. At 16 I had become a Capitalist despite my upbringing. I do not believe this country has been Capitalist for 100 years. It was never completely Capitalist. It has always had a mixed economy, part Capitalist and part Socialist. There is no third system and the mixture is unstable and becomes Socialist because Capitalism has not been understood, even by Capitalist businessmen. Ayn Rand wrote a book to explain why Capitalism is the only system that works: “Capitalism, the Unknown Ideal”. If this were taught in school we would not have the current mess, here and worldwide. But a public school would not allow such a book. Government and Socialism support each other. They are both founded on the idea that the individual must be sacrificed to the “general welfare”. In this system we are asked to accept injustice on a personal scale for a “greater good”. No property rights can exist under this system even though the proponents claim the reverse. No right to life exists also. This system had been tried for thousands of years in hundreds of cultures. The most remarkable resent example is the USSR. After 74 years of untold suffering and denial of reality, they finally admitted it was not working. Socialists here are NOT deterred. The same can be said around the world. The problem is they have no idea how freedom works, even though they use the word. Why should they? Schooling is by government which always indoctrinates in one way: authoritarianism. Public schools teach us to be a good citizen, i.e., follow the law, i.e., do what we are told, even if it makes no sense or if it seems irrational or self destructive. This is pure superstition. It is the most dangerous, anti-life superstition ever proposed. It must be questioned. It must be exposed and rejected.

We see this superstition go unquestioned in the article about Wal-Mart you sent. It proposed we let Wal-Mart run the country. What does it mean to “run the country”? It means to rule. I don’t want to be ruled or be ruler. I want to self govern. I want to protect myself because no one has ever come up with a system that will protect me from a group of monopoly protectors. Private protection agencies may be flawed but they can be fired and must guard their reputation. Government has no such restraint. As all the world’s experiments with government have shown; all governments grow into monsters.

We don’t need a violent revolution. All we need to do is: stop supporting our destroyers.

I shop at Wal-Mart a lot. They are a good example of a more or less free market. I really love Trader Joe’s and Whole Foods Market. These 3 get 95% of my business. I would use the farmer’s market if it was closer.


Fox, Garrett:Voluntarily Coming From Truth and Change

About 10 years ago I was told that it’d be in my best interest to open a bank account to have somewhere to store the money that I was earning. Seemed reasonably at the time. That’s what you’re supposed to do right?

So I open the account and was told I could open a checking/debit account for easier transactions. I said “Ok cool, sign me up”. I even got a card with my picture on it. This was really exciting for me at the time. I was growing up and taking control of my life.

Little did I know that a year later I was going to get the first in my face dose of “things are not what they seem”. I was tight on cash but was confident that I had enough money [in my year old account] to put some gas in my car. Paid at the pump, gassed up and headed home. The next day I get an email that my account had been over drafted. They had charged me $5 for dropping below the $25 minimum balance requirement.

So I’m getting charged for not have enough funds? How is that right? Then, because of that initial $5 fee my account over drafted from the gas I purchased and I was charged another fee. This one was $30! Now my account balance was actually a negative number. I owed my bank money because I wasn’t thinking about all the fine print from a year ago.

This all started a chain reaction of money issues for me which I was eventually able to work out. But, I’ve never trusted a bank since.

Not too much longer after getting my first taste of being legally robbed, a major national incident happened. I was sitting in my 11th grade US History class [of all the classes i could have been in] when one of the other teachers came frantically into our class with a TV. A couple of planes had just plowed into the twin towers. Just watching the videos of the towers falling, I could tell something wasn’t right. It just felt like I was being lied to. Why would these buildings just fall straight down like that? I kept asking myself. Not to mention my school mates where running around excited about how we where getting out early that day. The whole world had changed, almost like a movie.

For the next 7 years I just floated through life. Knowing that things weren’t alright. We’re in all of these wars, gas prices are exploding and we’re in this “Greatest Depression”. I felt trapped. Well then I’m just going to party and work on my career, I decided. So somehow (it’s a long story) I ended up in Las Vegas. Living with a couple gnarly roommates, this is where I really started pulling my head out of the sand.

My roommate walks up to me and starts saying something about this new agenda to combine Canada, the US and Mexico. There was even this supposed new currency called the Amero. How the hell is this possible and I’ve never heard a thing about it? So my rommate shows me this crazy movie [you might have heard of it] called Zeitgeist. “Ladies and gentlemen, please fasten your seatbelts it’s going to be a crazy ride”. This opened the floodgates. I wanted to know MORE.

I had all of these questions now. From “how does nobody know this” to “You mean I don’t have to pay taxes”? Every question I had that got answered, just led me to more questions. Now I had a mission, a goal, something to live for. Expose the truth. Through further research I stumbled upon a little group by the name of We Are Change based out of New York City. Then I started a Meetup for our chapter in Maryland. It’s an awesome thing when you’re searching the internet about a particular topic and you come across a website that you can join and share ideas with other like-minded individuals. It all has to start somewhere.

After a couple years of street actions, protests and hours of conversation with people who just didn’t want to hear any of it, I got frustrated. I get it, so how come my friends and family are so content with ignoring the things I’m trying to show them. All of this anger and frustration led up to one question in my mind, “How can I live free, right now”? It was this question that led me to New Hampshire’s Free State Project.

There are people already joining together to live in liberty oriented communities up in New Hampshire? They’re living their lives to the fullest and not asking for permission?! This is where I stumbled upon the website for the 2010 Porcupine Freedom Festival. Before I could even finish the event description, I was forwarding the link to all of my friends and making preparations to take off of work so I could go see what this festival was all about. This was, by far, the best thing I have ever done for myself.

I came in there as a constitutionalist who was getting ready to run for my district’s Republican Central committee. I didn’t want to be a registered republican but I needed to do something more constructive than just my local activism. And boy did PorcFest change that! Who knew a bunch of Anarchists with guns could be so intelligent?

Through many conversations and after watching a ton of great speakers and debates, I was starting to realize something. Freedom doesn’t come from the top down. It comes from within. I realized that I didn’t have to wait for the system to collapse, or for everybody to wake up. I could start living more free everyday.

Leave it to an event like PorcFest to turn a “Truther” into an individualist-anarchist-voluntaryist or whatever you want to label it today. I have had a blast so far, learning ways to avoid all these governmental constraints. And just doing things everyday without anyones permission, as long as it doesn’t conflict with the Non-Agression Principle. I’ve never had such good relationships with friends and such a joy for life since I became a Voluntaryist


Geddes, Raymond:My Story

What follows is a brief history of a conversion to libertarianism.

I was born in 1924-6years after the mess that was WW1 and started in the 1st grade in 1930. My family REALLY knew what the depression was. There was very little money. My father was a Roosevelt supporter Democrat. I remember him [a one-horse businessman] arguing with his boyhood friend who was a bureaucrat and was anti-Roosevelt and on the other side.

As the war clouds gathered, we were very patriotic and I joined the Army in 1942. My first claim to fame is that at 0125 on D-Day I jumped into Normandy with the 501st Parachute infantry ,101st A/B Division and of course like many others was wounded later on in that operation. I was not yet 20 at the time but I will say that I grew up in the Army. My second claim to fame is that when I became 21 I cast my first vote– For Roosevelt…

As an aside, those of us who were in the service got rid of Hitler, Mussolini and Tojo– the external threats to the USA and freedom. You today have a far more difficult job getting rid of the internal threat– the rot that exists in Washington D.C. I fear for the future of freedom.

Anyway, I was discharged in 1946 and went through the University of Maryland graduating in 1951-10 years after high school. I had long realized something was wrong but did not know what. Then, in 1979 my son gave me Robert Ringer’s “Restoring the American Dream”. If ever a book changed my thinking it was that book. It really opened my eyes. Later on, attending the Free University courses at Johns Hopkins given by Carl completed my conversion to libertarianism and I have been one ever since.

As Carl once said, “libertarianism or voluntaryism does not have all of the answers but it is sure better than what we have now”.


McIntyre, Terry: How I Became a Voluntaryist

In my teens, when I came across the Henry Thoreau quote about “that government is best which governs not at all”, it made perfect sense to me. When I later fathered two children, the most natural thing in the world was to teach them myself – not that I know everything, but it was obvious to me that many teachers at government-regulated schools knew far less.

Today, my daughter teaches her five children. The eldest just completed “third grade” (he is nine years old) , took a standardized Woodcock Johnson test, and achieved “18th grade equivalent” on all math sections; the rest of his skills aren’t too shabby, either. His siblings are far ahead of the norms in many categories. The same is widely true of home-schooled children; they average about 35 percentile points higher than their peers.

I spent years trying to work with minarchists, viewing them as sort of “fellow travelers” – we were going in the same direction, and would discuss the final destination when we got closer, in theory. However, over the years, I’ve seen many minarchists become warhawks; they view “defense” as one of the “proper” roles of government, and forget that all the libertarian criticisms of socialism – the public choice argument that special interests will capture the bulk of benefits, and the inability of socialist “markets” to calculate what is worth doing, or how to do it efficiently – apply just as much to the military as to any other socialist institution.

Nowadays, I avoid politics and stick to the basics: helping and encouraging people to teach their own, to defend their own, and to provide for the well-being of their own, through voluntary cooperation. When enough of us get used to doing these things for ourselves, the State will be seen as obviously superfluous and counterproductive.


Mower, Brodie: My Voluntaryist Story

About eight years ago, I purchased a Nissan 350z. I then joined my350z.com. They had a politics section. I decided to go there. I posted a thread stating I thought that there needed to be more regulations to keep businesses in check. At the time I would probably have considered myself a conservative Democrat. To my surprise, the posters on the forum posted a resounding no to my question. I then had a long conversation with them (I later found out they were libertarians) after which I had to conclude that they were right and that regulations were bad for businesses to thrive and unnecessary as well for product safety. Over the next couple of years I had more conversations with them. I then started looking for more content and ran across cato.com and fee.org. I read them for a while and then came across mises.org and freetalklive.com. By this time I had become a minarchist. After having quite a bit of discussion on mises.org and listening to freetalklive, I finally gave up the whole idea of needing government. The whole process took about six years. Later I discovered Marc Stevens website and bought his book Adventures in Legal Land. This solidified my understanding of justice and how exactly government courts are not just.


Raska, Matt: From Xenophobe to Anarchist

August 23, 2019

After I graduated from high school in 2009, I attended Wright State University in Ohio. I loved America and was a mild xenophobe. However, I soon met and became friends with classmates from India, Iran, Nigeria, Côte d’Ivoire (Ivory Coast), Iraq, China, Egypt, and other places that permanently transmuted my tribalism into curiosity.

I became a libertarian circa 2011, when Ron Paul was campaigning for president. I confess to wanting to live free and drive fast. America was founded by law breakers and rebels. Don’t install dictators, don’t bomb sovereign peoples, don’t invade other nations, don’t fund terrorists. Let the gays marry, keep your guns, smoke your weed, open doors for immigrants. Good deal.

Then the Republican party changed its rules, rigged its primaries, and cheated Ron Paul, and I couldn’t vote Republican in good conscience ever again. They were too authoritarian, not democratic, or liberty focused.

About 2013, my Uncle, Manuel M., from Peru came to the US on a political asylum visa. He taught kids English in his spare time and worked on houses during the day. He recruited marines from Columbus, Ohio’s Hispanic community He met the former President Bill Clinton after recruiting over 40 marines. My Uncle Manuel was deported after running a stop sign because he lacked a green card.

At the same time that my Uncle was deported, President Obama’s half-uncle (from Kenya), Onyango Obama, received special treatment and received his green card. This made me realize that the government will treat people like cogs and that bureaucracy is a callous machine for the benefit of its operators.

By this time, I had a (now estranged) friend who was a voluntaryist, and we talked and debated, and I found his positions on markets and business and such to be compelling in an economic sense, but not terribly motivational. I dug deeper (Spooner, Goldman, Rothbard, Bakunin, Stirner, Makhno) and found the moral reasons for anarchism far more compelling: Treating everyone as unique individuals (no heuristics!) and embracing radical equality (no exceptions!) seemed a better way to approach life.

I didn’t and don’t feel like the American ideals of life, liberty, and the pursuit of happiness can be expressed satisfactorily through the State. Its foreign policy is inimical to freedom and life. Its structures constantly constrain liberty, and its outlets for political expression consistently disempower the individual.

If I had been isolated from meeting new people, if I had been less interested in freedom, or paid less attention to politics, I might have never have been interested in anarchism. I’m not convinced there is “only one way to anarchism,” but I am convinced that there is enough room in the philosophy of anarchism for everyone to coexist.

Finding common ground, respecting differences, and practicing freedom is a surer way to find and preserve freedom than through xenophobia and hatred.

You Must Voluntarily Comply


permission to use granted by Ben Garrison

 

We do not need an income tax. The Federal Reserve does not need your income taxes. They can print as much money as they like. What they do need is your obeisance. They need their slaves to genuflect and pay their respects in the form of a ‘voluntary’ income tax. They require citizens to spend endless man-hours filling out forms they don’t understand and wasting their hard-earned money in order to pay tribute to their globalist masters. The reason the tax code is a so bloated? That’s intentional. They don’t want it to be understood. Nearly everyone who tries to take deductions can be proved to be criminals of a sort because few can understand the code. We’re all guilty until proven innocent and the IRS can seize accounts without due process. That’s tyranny.

They call it a ‘voluntary’ tax. Try not volunteering. They might seize your bank accounts. They can take your stuff. They may send their representatives to your door to arrest you and cart you off to prison. If you resist, they can murder you.


Just something to think about as you flush away your money to criminal banksters.

Voluntaryist Critics of State Education


By George H. Smith

[Editor’s Note: The author of this article is probably best known to readers of this newsletter as the person responsible for suggesting its title, THE VOLUN­TARYIST. The following excerpts first appeared as the “Introduction” to an anthology edited by George H. Smith and Marilyn Moore, titled CRITICS OF STATE EDUCATION (Washington, D.C.: Cato Institute, 2017). The complete book is available as a free ebook at www.libertarianism.org/books.  Permission to reprint given by Grant Babcock, Cato.Org; email of October 25, 2017, 3:30 pm. Freedom and free-market competition in all spheres of life has been and is an on-going theme in these pages. Other articles advocating freedom in education can be found at www.voluntaryist.com/homeschooling.]

III

The relationship between school and state in American liberal thought has a checkered past. Many traditional heroes of American individualism, such as Thomas Paine and Thomas Jefferson, upheld some role for government in education, however minor that role is by today’s standard. Even William Leggett, the radical Jacksonian and laissez-faire advocate who opposed nearly all kinds of government intervention, made an exception in the case of education.31

Radical individualism in America was a different matter. Josiah Warren, often regarded as the first American anarchist, warned in 1833 that national aid to education would be like “paying the fox to take care of the chickens,” and said he feared the consequences of placing control of education in the hands of single group.32 Gerrit Smith, a radical abolitionist who supported John Brown, upheld the separation of school and state. “It is justice and not charity which the people need at the hands of government,” Smith argued. “Let government restore to them their land, and what other rights they have been robbed of, and they will be able to pay for themselves—to pay their schoolmasters, as well as their parsons.”33 William Youmans (an admirer of Herbert Spencer and a founder and editor of Popular Science Monthly) favored leaving education to “private enterprise.”34 And the Spencerian John Bonham vigorously attacked “the one true system” of Horace Mann that would impose a dulling uniformity and would extirpate diversity in education.35

The most thorough arguments against state education appeared in the writings of British (classical) liberals during the 1840s and 1850s. Calling themselves “Voluntaryists”—a label originally embraced by those who called for the complete disestablishment of the Church of England—these liberals launched a sustained campaign against state education in England that, though it was doomed to failure, produced a remarkable body of literature that has been largely ignored by historians.

The British Voluntaryist movement grew from the ranks of Dissenters, or Nonconformists (i.e., non-Anglican Protestants). After the Restoration of Charles II in 1660, Dissenters who refused to subscribe to the articles of the Established Church of England faced severe legal disabilities. Oxford and Cambridge were effectively closed to them, as were other conventional channels of education. Dissenters therefore established their own educational institutions, such as the dissenting academies of the 18th century, which one historian has described as “the greatest schools of their day.”36

Until 1833, elementary education in England progressed without substantial state aid or interference. Free education on an ambitious scale had been undertaken by Dissenters, or Nonconformists, with the establishment, in 1808, of the British and Foreign School Society (originally called the Royal Lancasterian Society). Funded primarily by Dissenting congregations, the society used the monitorial system, which employed abler students to help teach their classmates, to bring education to the working classes without government assistance.37 These efforts motivated Anglicans to form the National Society, which established competing free schools for educating the poor.

Over the next decade, government funds were made available to both Dissenters and Anglicans. Each pound from voluntary contributions was matched by the government, up to £20,000 per annum. Because the Anglican schools were receiving more contributions than the Dissenting schools, the former received most of the government funds, so Dissenters began to learn the hard way that government aid to education would serve the prevailing orthodoxy.

Even by 1839, when the Melbourne administration proposed to increase aid to £30,000 pounds per annum, relatively few Dissenters expressed opposition. Most Dissenters approved of, or silently accepted, state funding if it did not favor one religious group over another and if it did not entail state interference. The one Dissenting deputy who argued that education “is not a legitimate function of the government” could find no support among his peers,38 and a meeting of Dissenting ministers in 1840 expressed its “satisfaction” with government aid for education.

All this changed in 1843 after Sir James Graham, home secretary under the Peel administration, presented a bill to the House of Commons titled A Bill for Regulating the Employment of Children and Young Persons in Factories, and for the Better Education of Children in Factory Districts. Among other things, the bill required factory children to attend school for at least three hours each day, five days per week, and it placed effective control of those schools (to be financed largely from local rates) in the hands of the Established Church of England.39 “The Church has ample security,” wrote Graham, “that every master in the new schools will be a Churchman, and that the teaching of the Holy Scriptures, as far as the limited exposition may be carried, will necessarily be in conformity with his creed.” 40

Dissenting opposition to Graham’s bill was swift and severe. It “set the whole country on fire,” according to one observer.41 Eclectic Review, a leading Dissenting journal, declared:

From one end of the empire to the other, the sound of alarm has gone forth, and the hundreds of thousands who have answered to its call have astonished and confounded our opponents. The movement has been at once simultaneous and determined. The old spirit of the puritans has returned to their children, and men in high places are in consequence standing aghast, astonished at what they witness, reluctant to forego their nefarious purpose, yet scarce daring to persist in the scheme.42

Thousands of petitions with over 2 million signatures were presented to the House in opposition to the Factories Education Bill, whereupon Graham submitted amendments in an effort to appease the Dissenters. But to no avail. Petitions against the amended clauses contained nearly another 2 million signatures, and the measure was withdrawn.

It was during this agitation that support by Dissenters for state aid to education (provided it did not involve interference) transformed into opposition to all such aid. Edward Baines, Jr.—editor of the Leeds Mercury, the most influential provincial newspaper in England—described the transition:

The dangerous bill of Sir James Graham, and the evidence brought out of the ability and disposition of the people to supply the means of education, combined to convince the editors of the Mercury that it is far safer and better for Government not to interfere at all in the work; and from that time forward they distinctly advocated that view.43

The Voluntaryist philosophy crystallized quickly. In meetings of the Congregational Union held in Leeds (October 1843), Baines articulated the basic arguments against state education that he would develop in more detail over the next 20 years.44 The Congregational Union officially declared itself in favor of voluntary education.45 An education conference held at the Congregational Union in Leeds (December 1843) resolved that “all funds confided to the disposal of the central committee, in aid of schools, be granted only to schools sustained entirely by voluntary contributions.” 46

By 1846 the majority of Congregationalists and Baptists supported voluntary education.47 Leading newspapers and journals of the Dissenters—such as the Leeds Mercury, the Nonconformist, and the Eclectic Review—argued the case for Voluntaryism. Many Voluntaryists were active in the Anti–Corn Law League (which led a successful campaign to abolish import tariffs on grain), and they applied the principles of free trade to education. Voluntaryists energetically disputed reports that purported to show the deplorable condition of voluntary schools,48 and they accused governmentcommittees of misrepre­senting facts and distorting evidence to buttress their case for government interference.49

Not all Dissenters supported Voluntaryism, of course; some Nonconformist journals, such as the British Quarterly Review, attacked Voluntaryism vigorously. In addition, some Manchester free-trade advocates (most notably Richard Cobden) were active in the movement for state secular education, creating a serious rift among British liberals. Indeed, in 1848 Cobden remarked that “education is the main cause of the split among the middle-class Liberals.”50

In Leeds the question was whether the State should intervene at all, while in Manchester it concerned the form that intervention should take. . . . Leeds imposed a prescriptive ban upon state education per se; Manchester sought to define the proper goals of a state education scheme that was both necessary and desirable.51

One important Voluntaryist was Herbert Spencer (1820–1903), the leading libertarian philosopher of his day. Although Spencer became an agnostic, he was home-schooled in Dissenting causes by his father and uncle. “Our family was essentially a dissenting family,” Spencer wrote in later life, “and dissent is an expression of antagonism to arbitrary control.” Much of Spencer’s first political article, written in his early 20s and published in the Nonconformist in 1842, was devoted to a critique of state education, and it possibly influenced the birth of the Voluntaryist movement in the following year.52

Other prominent Dissenters who campaigned for Voluntaryism were Joseph Sturge (1793–1859), a Quaker pacifist who played an important role in the antislavery movement; Samuel Morley (1809–1886); Andrew Reed (1787–1862); Henry Richard (1812–1888); Edward Miall (1809–1881); and the previously mentioned Edward Baines, Jr. (1800–1890). Of these men, Miall and Baines were the most important. Edward Miall founded and edited the Nonconformist, one of the most important Dissenting periodicals of its day. Miall was a tireless campaigner for both the separation of church and state and the separation of school and state. Edward Baines, Jr.—for many years editor of the influential Leeds Mercury—was the driving force behind Voluntaryism after 1843. Through Baines’s many pamphlets and articles, which combined theoretical arguments with detailed statistics, the case for Voluntaryism reached a wide audience throughout Britain.53

IV

Liberty was a basic concern of all Voluntaryists. Dissenters saw themselves in the tradition of John Milton, Algernon Sidney, and John Locke—defenders of individual rights and foes of oppressive government. Religious liberty in particular—freedom of conscience—was viewed as the great heritage of the Dissenting tradition, any violation of which should call forth “stern and indomitable resistance.”54

Liberty should not be sacrificed for a greater good, argued the Dissenting minister and Voluntaryist Richard Hamilton: “There is no greater good. There can be no greater good! It is not simply means, it is an end.”55 Education is best promoted by freedom, but should there ever be a conflict, “liberty is more precious than education.” “We love education,” Hamilton stated, “but there are things which we love better.”56 Edward Baines agreed that education is not the ultimate good: “Liberty is far more precious.” It is essential to “all the virtues which dignify men and communities.”57

The preservation of individual freedom, according to most Voluntaryists, is the only legitimate function of government. The purpose of government, wrote Herbert Spencer in “The Proper Sphere of Government” (1842), is “to defend the natural rights of man—to protect person and property—to prevent the aggressions of the powerful upon the weak; in a word, to administer justice.” Edward Miall agreed that government is “an organ for the protection of life, liberty, and property; or, in other words, for the administration of justice.”58

Government, an ever-present danger to liberty, must be watched with vigilance and suspicion. “The true lover of liberty,” stated the Eclectic Review, “will jealously examine all the plans and measures of government.”

He will seldom find himself called to help it, and to weigh down its scale. He will watch its increase of power with distrust. He will specially guard against conceding to it any thing which might be otherwise done. He would deprecate its undertaking of bridges, highways, railroads. He would foresee the immense mischief of its direction of hospitals and asylums. Government has enough on its hands—its own proper functions—nor need it to be overborne. There is a class of governments which are called paternal. . . . They exact a soulless obedience. . . . Nothing breathes and stirs. . . . The song of liberty is forgotten. . . . And when such governments tamper with education, the tyranny, instead of being relieved, is eternized.59

Government is “essentially immoral,” wrote Spencer in Social Statics, and with this many Voluntaryists agreed. A government has only those rights delegated to it by individuals, and “it is for each to say whether he will employ such an agent or not.” Every person, therefore, has “the right to ignore the state.” 60 The source of political authority is the people, argued Hamilton, and the people may revise or even “outlaw the State.” 61

Voluntaryists’ concern for liberty can scarcely be exaggerated. Schemes of state education were denounced repeatedly as “the knell of English freedom,” an “assault on our constitutional liberties,” and so forth. Plans for government inspection of schools were likened to “government surveillance” and “universal espionage” that display “the police spirit.” And compulsory education was described as “child-kidnapping.” Educational freedom is “a sacred thing” because it is “an essential branch of civil freedom.” “A system of state-education,” declared Baines, “is a vast intellectual police, set to watch over the young at the most critical period of their existence, to prevent the intrusion of dangerous thoughts, and turn their minds into safe channels.” 62

Contrary to later historians, who were to portray Voluntaryism as a battle for narrow sectarian interests, the Voluntaryists insisted that crucial moral and political principles were at stake. “The crisis involves larger interests than those of dissent,” stated the Eclectic Review. The threat that state education poses to individual freedom is sufficient ground to “take up a position of most determined hostility to it.”63 The Voluntaryists often drew parallels between educational freedom, on the one hand, and religious freedom, freedom of the press, and other civil liberties, on the other hand. As Baines noted, “We cannot violate the principles of liberty in regard to education, without furnishing at once a precedent and an inducement to violate them in regard to other matters.” He continued:

In my judgment, the State could not consistently assume the support and control of education, without assuming the support and control of both the pulpit and the press. Once decide that Government money and Government superintendence are essential in the schools, whether to insure efficiency, or to guard against abuse, ignorance, and error, and the self-same reasons will force you to apply Government money and Government superintendence to our periodical literature and our religious instruction.64

Baines realized that a government need not carry the principle inherent in state education to its logical extreme, but he was disturbed by a precedent that gave to government the power of molding minds. If, as the proponents of state education had argued, state education was required to promote civic virtue and moral character, then “where, acting on these principles, could you consistently stop?” He asked:

Would not the same paternal care which is exerted to provide schools, schoolmasters, and school-books, be justly extended to provide mental food for the adult, and to guard against his food being poisoned? In short, would not the principle clearly justify the appointment of the Ministers of Religion, and a Censorship of the Press? 65

Baines conceded that there were deficiencies and imperfections in the system of voluntary education, but freedom should not be abrogated on this account. Again he pointed to the example of a free press. A free press has many “defects and abuses”; certainly not all the products of a free press are praiseworthy. But if liberty is to be sacrificed in education in order to remedy deficiencies, then why not regulate and censor the press for the same reason? Baines employed this analogy in his brilliant rejoinder to the charge that he was an advocate of “bad schools”:

In one sense I am. I maintain that we have as much right to have wretched schools as to have wretched newspapers, wretched preachers, wretched books, wretched institutions, wretched political economists, wretched Members of Parliament, and wretched Ministers. You cannot proscribe all these things without proscribing Liberty. The man is a simpleton who says, that to advocate Liberty is to advocate badness. The man is a quack and a doctrinaire of the worst German breed, who would attempt to force all minds, whether individual or national, into a mould of ideal perfection,—to stretch it out or to lop it down to his own Procrustean standard. I maintain that Liberty is the chief cause of excellence; but it would cease to be Liberty if you proscribed everything inferior. Cultivate giants if you please, but do not stifle dwarfs.66

Freedom of conscience was precious to liberal Dissenters, and they feared government encroachment in this realm, even in the guise of “secular” education. The Eclectic Review, using arguments similar to those of Baines, stressed the relationship between religious freedom and educational freedom. Advocates of state education claimed that parents have the duty to provide their children with education and that the state has the right to enforce this duty. But parents have a duty to provide religious and moral instruction as well. “Are we then prepared to maintain . . . that government should interpose, in this case, to supply what the parent has failed to communicate? . . . If sound in the one case, it is equally so in the other.” 67

To the many state-school advocates who pointed to the Prussian system as a model, Baines retorted: “Nearly all the Continental Governments which pay and direct the school, pay and direct also the pulpit and the press. They do it consistently.” 68 This is the potential “despotism” that Baines feared and loathed.

V

A common prediction of Voluntaryists was that government would employ education for its own ends, especially to instill deference and obedience in citizens. The radical individualist William Godwin, author of Enquiry Concerning Political Justice (1793), was among the first to express this concern. The “project of a national education ought uniformly to be discouraged,” he wrote, “on account of its obvious alliance with national Government [which] will not fail to employ it to strengthen its hands, and perpetuate its institutions.”69

With the consolidation of Dissenting opposition to state education, the Godwinian warning was frequently repeated and elaborated on. This passage from the Eclectic Review is typical:

It is no trifling thing to commit to any hands the moulding of the minds of men. An immense power is thus communicated, the tendency of which will be in exact accordance with the spirit and policy of those who use it. Governments, it is well known, are conservative. The tendency of official life is notorious, and it is the height of folly, the mere vapouring of credulity, to imagine that the educational system, if entrusted to the minister of the day, will not be employed to diffuse amongst the rising generation, that spirit and those views which are most friendly to his policy. By having, virtually, at his command, the whole machinery of education, he will cover the land with a new class of officials, whose dependence on his patronage will render them the ready instruments of his pleasure.70

Government education, this writer feared, would produce “an emasculated and servile generation.” A possible advance in literacy would be purchased at the price of man’s “free spirit.” Elsewhere the Eclectic Review compared state schools to “barracks” and their employees to “troops.” “The accession of power and patronage to that government which establishes such a national system of education, can scarcely be gauged.”71 Teachers paid by a government will owe allegiance to that government.

What a host of stipendiaries will thus be created! And who shall say what will be their influence in the course of two generations? All their sympathies will be with the powers by whom they are paid, on whose favor they live, and from whose growing patronage their hopes of improving their condition are derived. As constitutional Englishmen, we tremble at the result. The danger is too imminent, the hazard too great, to be incurred, for any temporary stimulus which government interference can minister to education. We eschew it as alike disastrous in its results and unsound in its theory—the criminal attempt of short-sighted or flagitious politicians, to mold the intellect of the people to their pleasure.72

Indoctrination is inherent in state education, according to Edward Baines. State education proceeds from the principle that “it is the duty of a Government to train the Mind of the People.” If one denies to government this right—as defenders of a free press and free religion must logically do—then one must also deny the right of government to meddle in education. It “is not the duty or province of the Government to train the mind of the people,” argued Baines, and this “principle of the highest moment” forbids state education.73

Herbert Spencer agreed. State education, he wrote in Social Statics (1851), will inevitably involve indoctrination.

For what is meant by saying that a government ought to educate the people? Why should they be educated? What is the education for? Clearly, to fit the people for social life—to make them good citizens. And who is to say what are good citizens? The government: there is no other judge. And who is to say how these good citizens may be made? The government: there is no other judge. Hence the proposition is convertible into this—a government ought to mold children into good citizens, using its own discretion in settling what a good citizen is and how a child may be molded into one.74

Indoctrination was an issue that troubled even some proponents of state education. A case in point is William Lovett, the Chartist radical who is frequently praised as an early champion of state education. In his Address on Education (1837), Lovett maintained that it is “the duty of Government to establish for all classes the best possible system of education.” Education should be provided “not as a charity, but as a right.” How was the British government to discharge this duty? By providing funds for the erection and maintenance of schools. Lovett desired government financing without government control: “we are decidedly opposed to placing such immense power and influence in the hands of Government as that of selecting the teachers and superintendents, the books and kinds of instruction, and the whole management of schools in each locality.” Lovett detested state systems, such as that found in Prussia, “where the lynx-eyed satellites of power . . . crush in embryo the buddings of freedom.” State control of education “prostrates the whole nation before one uniform . . . despotism.”75

Several years later Lovett became less sanguine about the prospect of government financing without government control. While still upholding in theory the duty of government to provide education, he so distrusted his own government that he called on the working classes to reject government proposals and to “commence the great work of education yourselves.” The working classes had “everything to fear” from schools established by their own government, so Lovett outlined a proposal whereby schools could be provided through voluntary means, free from state patronage and control.76

We see a similar concern with indoctrination in the work of the celebrated philosopher John Stuart Mill. Mill contended that education “is one of those things which it is admissible in principle that a government should provide for the people,” although

he favored a system in which only those who could not afford to pay would be exempt from fees.77 Parents who failed to provide elementary education for their children committed a breach of duty, so the state could compel parents to provide instruction. But where and how children were taught should be up to the parents; the state should merely enforce minimal educational standards through a series of public examinations. Thus did Mill attempt to escape the frightening prospect of government indoctrination. At this point, he began to sound like an ardent Voluntaryist:

That the whole or any large part of the education of the people should be in State hands, I go as far as any one in deprecating. . . . A general State education is a mere contrivance for moulding people to be exactly like one another: and as the mould in which it casts them is that which pleases the predominant power in the government . . . in proportion as it is efficient and successful, it establishes a despotism over the mind, leading by a natural tendency to one over the body.78

Dissenters who favored state education were also sensitive to the problem of indoctrination, but many thought that the danger could be avoided by confining state schools to secular subjects. The Voluntaryists disagreed, and they repudiated all attempts at compromise. Government aid, however small and innocent at first, was bound to be followed by government strings. Government aid is “a trap and a snare,” declared the Eclectic Review. It is “a wretched bribe” that, if accepted, “will have irretrievably disgraced us.”79 The question is not, “How can we obtain Government money?” wrote Algernon Wells, “but, How can we avoid it?” Wells continued with a fascinating observation:

[Dissenters] must ever be equally free to act and speak. They must hold themselves entirely clear of all temptation to ask, when their public testimony is required—How will our conduct affect our grants? The belief of many Independents is that, from the hour they received Government money, they would be a changed people—their tone lowered—their spirit altered—their consistency sacrificed—and their honour tarnished.80

Perhaps Edward Baines, Jr., best summarized the sentiment of the Voluntaryists: “When Governments offer their arm, it is like the arm of a creditor or a constable, not so easily shaken off: there is a handcuff at the end of it.”81 The lesson was clear. Educational freedom is incompatible with state support. If government control and manipulation of education are to be avoided, financial independence and integrity must be maintained.

VI

Another recurring theme of Voluntaryism was the need for diversity in education. Voluntaryists warned that state education would impose a dulling uniformity that would result, at best, in mediocrity. This lack of diversity in education was a primary concern of the 18th-century Dissenter Joseph Priestley. Education is an art, and like any art it requires many “experiments and trials” before it can approach perfection, he noted. To bring government into education would freeze this art at its present stage and thereby “cut off its future growth.” Education “is already under too many legal restraints. Let these be removed.” The purpose of education is not simply to promote the interests of the state but rather to produce “wise and virtuous men.” Progress in this area requires “unbounded liberty, and even caprice.” Life—especially human life—requires diversity to improve. Variety induces innovation and improvement. “From new and seemingly irregular methods of education, perhaps something extraordinary and uncommonly great may spring.” The “great excellence of human nature consists in the variety of which it is capable. Instead, then, of endeavouring, by uniform and fixed systems of education, to keep mankind always the same, let us give free scope to everything which may bid fair for introducing more variety among us.”82

Godwin expressed similar concerns. State institutions resist change and innovation. “They actively restrain the flights of mind, and fix it in the belief of exploded errors.” Government bureaucracies entrench themselves and resist change, so we cannot look to them for progress. State education “has always expended its energies in the support of prejudice.83

The deleterious effects of intellectual and cultural uniformity were also of great concern to Herbert Spencer, who developed a theory of social progress based on increasing social diversity. National education “necessarily assumes that a uniform system of instruction is desirable,” and this Spencer denied. Unlimited variety is the key to progress. Truth itself—“the bright spark that emanates from the collision of opposing ideas”—is endangered by a coerced uniformity. The “uniform routine” of state education will produce “an approximation to a national model.” People will begin to think and act alike, and the youth will be pressed “as nearly as possible into one common mould.” Without diversity and competition among educational systems, education will stagnate and intellectual progress will be severely retarded.84

According to Spencer, it is because individuals vary widely in their capacities, needs, and skills that we need a variety of educational systems from which to choose. The flexibility of competing systems allows the individual something suited to his or her individual requirements. This flexibility is provided in a free market where teachers are answerable to the public. Conversely, in a state system, teachers are “answerable only to some superior officer, and having no reputation and livelihood to stimulate them,” they have little motivation to consider the individual needs of their students. Education becomes uniformly gray. Hence “in education as in everything else, the principle of honourable competition is the

only one that can give present satisfaction or hold out promise of future perfection.”85

Edward Baines also warned that a uniform state education would obstruct progress. It would serve to “stereotype the methods of teaching, to bolster up old systems, and to prevent improvement.” If we left education to the market, we would see continual improvements. “But let it once be monopolized by a Government department, and thenceforth reformers must prepare to be martyrs.”86 Algernon Wells made a similar point:

How to teach, how to improve children, are questions admitting of new and advanced solutions, no less than inquiries how best to cultivate the soil, or to perfect manufactures. And these improvements cannot fail to proceed indefinitely, so long as education is kept wide open, and free to competition, and to all those impulses which liberty constantly supplies. But once close up this great science and movement of mind from these invigorating breezes, whether by monopoly or bounty, whether by coercion or patronage, and the sure result will be torpor and stagnancy.87

The Eclectic Review, protesting that the “unitive design” of state education “would make all think alike,” continued with a chilling account of uniformity:

All shall be straightened as by the schoolmaster’s ruler, and transcribed from his copy. He shall decide what may or may not be asked. But he must be normalized himself. He must be fashioned to a model. He shall only be taught particular things. The compress and tourniquet are set on his mind. He can only be suffered to think one way. . . . All schools will be filled with the same books. All teachers will be imbued with the same spirit. And under their cold and lifeless tuition, the national spirit, now warm and independent, will grow into a type formal and dull, one harsh outline with its crisp edges, a mere complex machine driven by external impulse, with it appendages of apparent power but of gross resistance. If any man loves that national monotony, thinks it the just position of his nature, can survey the tame and sluggish spectacle with delight, he, on the adoption of such a system, has his reward.88

Auberon Herbert also cautioned against the “evils of uniformity.” Like his mentor Herbert Spencer, he thought that “all influences which tend towards uniform thought and action in education are most fatal to any regularly continuous improvement.”89 Imagine the effect of state uniformity in religion, art, or science. Progress would grind to a halt. Education is no different. “Therefore, if you desire progress, you must not make it difficult for men to think and act differently; you must not dull their sense with routine or stamp their imagination with the official pattern of some great department.”90

As a former member of parliament, Herbert was especially sensitive to the difficulty of implementing change in a bureaucratic structure. A free market encourages innovation and risk taking. An innovator with new ideas on education can, if left legally unhampered, solicit aid from those sympathetic to his views and then test his product on the market.

But if some great official system blocks the way, if he has to overcome the stolid resistance of a department, to persuade a political party, which has no sympathy with views holding out no promise of political advantage, to satisfy inspectors, whose eyes are trained to see perfection of only one kind, and who may summarily condemn his school as “inefficient” and therefore disallowed by law, if in the meantime he is obliged by rates and taxes to support a system to which he is opposed, it becomes unlikely that this energy and confidence in his own views will be sufficient to inspire a successful resistance to such obstacles.91

VII

Voluntaryists prized social diversity (or what we call today a “pluralistic society”), and they believed that state education would impose the dead hand of uniformity. Rather than giving to government the power to decide among conflicting beliefs and values, they preferred to leave beliefs and values to the unfettered competition of the market. One must appreciate this broad conception of the free market, which includes far more than tangible goods, if one wishes to understand the passionate commitment of many liberals to competition and their unbridled hatred of governmental interference. They believed that coercive intervention, whatever its supposed justification, actually served special interests and enhanced the power of government. The various campaigns against government were therefore seen as battles to establish free markets in religion, commerce, education, and other spheres.

British libertarians had a long heritage of opposition to state patronage and monopoly, reaching back to the Levellers of the early 17th century. The Voluntaryists, like their libertarian ancestors, believed that government interference in the market, whatever its supposed justification, actually serves special interests and enhances the power of government, thereby furthering the goals of those within the government. The various struggles against government intervention were seen by Voluntaryists as battles to establish free markets in religion, commerce, and education. It was not uncommon to find the expression “free trade in religion” among supporters of church-state separation; when the editor of the Manchester Guardian stated in 1820 that religion should be a “marketable commodity,” he was expressing the standard libertarian position.92

When fellow free traders, such as Richard Cobden, supported state education, the Voluntaryists took them to task for their inconsistency. Those who embrace free trade in religion and commerce but advocate state interference in education, argued Thomas Hodgskin (senior editor of The Economist) in 1847, “do not fully appreciate the principles on which they have been induced to act.”93 “We only wonder that they should have so soon forgotten their free-trade catechism,” wrote another Voluntaryist, “and lent their sanction to any measure of monopoly.”94

Before free traders ask for state interference in education, Hodgskin argued, “they ought to prove that its interference with trade has been beneficial.” But this, by their own admission, they cannot do. They know that the effect of state interference with trade has always been “to derange, paralyze, and destroy it.” Hodgskin maintained that the principle of free trade “is as applicable to education as to the manufacture of cotton or the supply of corn.” The state is unable to advance material wealth for the people through intervention, and there is even less reason to suppose it capable of advancing “immaterial wealth” in the form of knowledge. Any “protectionist” scheme in regard to knowledge should be opposed by all who understand the principle of competition. Laissez- faire in education is “the only means of ensuring that improved and extended education which we all desire.”95

The Eclectic Review posed the basic question: Can education “be best produced by monopoly or by competition?”—and it came down unequivocally on the side of competition. Education is a “marketable commodity,” and demand for it is “as much subject to the principles and laws of political economy, as are corn or cotton.” Government intervention, in education as elsewhere, causes market distortions.

How will it affect the balance between the demand and the supply; disturb the relations of the voluntary teacher, and misdirect the expectations and confidence of the market? Let a private teacher attempt to come into competition with such accredited and endowed agents of an incorporate system . . . and he will find himself in the same state with a merchant who ventures to trade without a bounty in competition with those whose traffic is encouraged by large public bounties.96

Voluntaryists predicted that state aid to education would drive many voluntary schools out of business. Market schools would find themselves unable to compete with schools financed from taxes, and philanthropists who had previously contributed to education would withhold their funds, believing that, because the state would provide education anyway, there was no need for charitable support. As state aid increased, market education would diminish, and this consequence would be used to support the contention that voluntary education had failed.

An educational bureaucracy, however tiny at its inception, would grow rapidly. An educational orthodoxy with employees answerable to the government would emerge. Costs would increase, and productivity would decrease. “Public servants,” wrote one Voluntaryist, “are sustained at the largest cost, and always are subject to the least responsibility.” The principle of the market, to produce “the best article . . . at the cheapest price,” would disappear in a state system. In an educational free market, on the contrary, a “real and effectual discipline” is exercised over educators by consumers.97 Free-market schools must either satisfy their customers or go out of business.

In calling for laissez-faire in education, Voluntaryists squared off against the major economists of their day, most of whom advocated some role for government.98 John Stuart Mill, for example, opposed leaving education to the market: “In the matter of education, the intervention of government is justifiable, because the case is not one in which the interest and judgment of the consumer are a sufficient security for the goodness of the commodity.” Mill continued:

The uncultivated cannot be competent judges of education. Those who must need to be made wiser and better, usually desire it least, and if they desired it, would be incapable of finding the way to it by their own lights. It will continually happen, on the voluntary system, that, the end not being desired, the means will not be provided at all, or that, the persons requiring improvement having an imperfect or altogether erroneous conception of what they want, the supply called for by the demand of the market will be anything but what is really required.99

Voluntaryists responded impatiently to this elitist argument. They had encountered the same argument many times before during their campaigns for religious freedom. With man’s eternal soul at stake, defenders of a state church maintained that religion is far too important to be left to the untutored judgment of the masses. “It is the old dogma,” wrote the dissenting minister Algernon Wells, “the people can know nothing about religion and it must be dictated to them.”100 Wells contended that the argument from incompetence, if used to defend state education, must also justify state interference in religion. The fact that some fellow libertarians failed to understand the ominous implications of Mill’s argument obviously annoyed the Voluntaryists.

In Social Statics (1851), Herbert Spencer dismissed Mill’s argument as “a worn-out excuse” that had been repeatedly trotted out to justify “all state interferences whatever.”

A stock argument for the state teaching of religion has been that the masses cannot distinguish false religion from true. There is hardly a single department of life over which, for similar reasons, legislative supervision has not been, or may not be, established.101

Spencer questioned whether parents are as incompetent to assess education as Mill alleged. Parents, far more than government, are concerned about the welfare of their children, and uneducated parents can seek advice from others whom they trust. Even granting problems in this area, however, it does not follow that the state should intervene. As a market for mass education developed, Spencer believed that consumers would gain the knowledge that comes with experience and thereby become more sophisticated in their choice of products. Social improvement takes time, and Spencer thought that “this incompetence of the masses to distinguish good instruction from bad is being outgrown.”102

Spencer contended that Mill’s argument is based on a false premise. Even if the interest and judgment of consumers are insufficient to guarantee educational quality, Mill assumed that the “interest and judgment” of a government are sufficient security. Mill, in other words, assumed that an identity of interests exists between rulers and the people they govern.

Spencer ridiculed this tacit belief. The English government desired “a sentimental feudalism,” a country where “the people shall be respectful to their betters” and an economy “with the view of making each laborer the most efficient producing tool.” The interests of a government differ from the interests of the people, and “we may be quite sure that a state education would be administered for the advantage of those in power rather than for the advantage of the nation.” Hence, even if we concede some inadequacies in free-market education, the problems inherent in state education are more serious and dangerous.103

As for the rejoinder that this objection may apply to current governments but not necessarily to an ideal government that may someday exist—a government that would presumably have the best interests of the people at heart—Spencer pointed out that Mill’s argument from incompetence depends on consumers “as they now are,” not on consumers as they might be in an ideal society. We should therefore consider Mill’s alternative—government—“as it now is,” not as it should be in a hypothetical paradise.

It will not do, notwithstanding that it is all too often done, to point out problems that might arise in an imperfect market and then offer government as a solution—as if that government were itself perfect, and as if government intervention will not generate its own unique and serious problems. Spencer was inviting Mill to descend from the clouds of political theory and take a hard look at the real world of governments. All things considered, in matters of education “the interest of the consumer is not only an efficient guarantee for the goodness of the things consumed, but the best guarantee.”104

Footnotes

31 See William Leggett, A Collection of the Political Writings of William Leggett, vol. 1, ed. Theodore Sedgwick, Jr. (New York: Taylor and Dodd, 1840), pp. 80–81.

32 Quoted in William O. Reichert, Partisans of Freedom: A Study in American Anarchism (Bowling Green, OH: Bowling Green State University Popular Press, 1976), p. 70.

33 Quoted in Octavius Brooks Frothingham, Gerrit Smith: A Biography (New York: G. P. Putnam’s Sons, 1878), p. 184.

34 Popular Science Monthly, May 1887, pp. 124–27.

35 John M. Bonham, Industrial Liberty (New York: G. P. Putnam’s Sons, 1888), pp. 286–326.

36 Irene Parker, Dissenting Academies in England (Cambridge, U.K.: Cambridge University Press, 1914), p. 45.

37 For a history of the British and Foreign School Society, see Henry Bryan Binns, A Century of Education (London: J. M. Dent, 1908).

38 R. W. Dale, History of English Congregationalism (London: Hodder & Stoughton, 1907), p. 652.

39 See J. T. Ward and J. H. Treble, “Religion and Education in 1843: Reaction to the Factory Education Bill,” Journal of Ecclesiastical History 20, no. 1 (1969): 79–110. A thorough account of this bill is also contained in Dale, History of English Congregationalism, pp. 654–59.

40 Charles S. Parker, Life and Letters of Sir James Graham, vol. 1 (London: John Murray, 1907), p. 344.

41 Dale, History of English Congregationalism, p. 661.

42 Eclectic Review, n.s. 13 (January–June 1843): 698.

43 Edward Baines, Jr., Life of Edward Baines (London: Longman, Brown, Green, and Longmans, 1851), p. 315.

44 Dale, History of English Congregationalism, pp. 659–60.

45 R. Tudor Jones, Congregationalism in England, 1662–1962 (London: Independent Press, 1962), p. 212.

46 Dale, History of English Congregationalism, p. 661.

47 This was the opinion of R. W. Dale (ibid., p. 633), a prominent Dissenter who opposed Voluntaryism. An article in The British Quarterly Review (probably written by Robert Vaughan) questioned whether Voluntaryism was as widespread among Dissenters as its supporters claimed: “We doubt much if there will be a single county union of Congregationalists in England that will not present considerable difference of judgment in reference to this question.” Among the supporters of state education Vaughan listed were “Churchmen in England and Scotland; Free churchmen and Methodists in both countries; the bulk of Dissenters north of the Tweed, and a considerable number south of it; together with the whole body of British Catholics;—all our great political parties, moreover,—Tories, Whigs, Radicals, and the Chartist and Working Classes.” Robert Vaughan?, “The Education Controversy,” British Quarterly Review 6 (August–November 1847): 544–45.

48 See Edward Baines, Jr., The Social, Educational, and Religious State of the Manufacturing Districts (New York: Augustus Kelly, [1843] 1969).

49 See, for example, Henry Richard, “On the Progress and Efficacy of Voluntary Education, as Exemplified in Wales,” in Crosby-Hall Lectures on Education (London: John Snow, 1848), pp. 171–224.

50 John Morley, The Life of Richard Cobden (London: T. Fisher Unwin, 1906), p. 495.

51 Derek Fraser, Urban Politics in Victorian Cities: The Structure of Politics in Victorian Cities (Leicester, U.K.: Leicester University, 1976), p. 272.

52 Herbert Spencer, “The Filiation of Ideas,” in The Life and Letters of Herbert Spencer, ed. David Duncan (London: Williams and Norgate, 1911), p. 537. Spencer’s series of articles, The Proper Sphere of Government, appeared in 12 parts, beginning on June 15, 1842. Did Spencer’s critique of state education contribute substantially to the Voluntaryist movement? According to Raymond Cowherd, “Spencer constructed a new political platform to combine economists, Radicals, and Dissenters. . . . The political events of 1843, seeming to confirm Spencer’s conclusions, impelled the Dissenters towards a more extreme voluntaryism.” Raymond Cowherd, The Politics of English Dissent (New York: New York University Press, 1956), pp. 157–58. Cf. G.I.T. Machin, “The Maynooth Grant, the Dissenters and Disestablishment, 1845–1847,” English Historical Review 82, no. 322 (1967): 66. Machin agreed that Spencer “provided the extreme Voluntaries with a political philosophy.” Unfortunately, neither Cowherd nor Machin provided documentation to show that Spencer’s early writing had a significant impact on the Voluntaryist movement. Spencer indicated that Edward Miall (editor of the Nonconformist) was impressed enough to say that “if the Nonconformist had had a more extensive circulation he should have been happy to have offered me a share in the editorship”; Spencer, Life and Letters, p. 38. Miall recommended Spencer to Thomas Price as a possible contributor to the Eclectic Review, to which Spencer contributed an article on education. (The article was accepted but never published.) Thus, it is safe to say that the young Spencer was admired by leading Dissenters who were to become prominent in the Voluntaryist causes, but I have been unable to find any proof of direct influence.

53 In 1845, when the Committee of the British and Foreign School Society decided to continue accepting government aid, Sturge (a successful businessman) withdrew his support, stating that “a small annual Government grant may make the recipient subservient to the State”; see Henry Richard, Memoirs of Joseph Sturge (London: S. W. Partridge, 1864), pp. 336–39. On Miall, see Arthur Miall, Life of Edward Miall (London: Macmillan, 1884); William H. Mackintosh, Disestablishment and Liberation (London: Epworth Press, 1972); and David M. Thompson, “The Liberation Society,” in Pressure from Without in Early Victorian England, ed. Patricia Hollis (London: Edward Arnold, 1974), pp. 210–38. On the younger Baines, see Derek Fraser, “Edward Baines,” in Pressure from Without, ed. Patricia Hollis (London: Edward Arnold, 1974), pp. 183–209. Cf. Fraser, Urban Politics.

54 Eclectic Review, n.s. 13 (January–June 1843): 576.

55 Richard Winter Hamilton, The Institutions of Popular Education (London: Hamilton, Adams, 1845), p. 266.

56 Richard Winter Hamilton, “On the Parties Responsible for the Education of the People,” in Crosby-Hall Lectures on Education (London: John Snow, 1848), p. 77.

57 Baines, Letters to the Right Hon. Lord John Russell, on State Education (London: Ward & Co, 1847), p. 76.

58 Herbert Spencer, “The Proper Sphere of Government,” in Political Writings, ed. John Offer (Cambridge University Press, 1994) p. 7.

59 Eclectic Review, n.s. 20 (July–December 1846): 291.

60 Herbert Spencer, Social Statics New York: Schalkenbach, [1851] 1954), pp. 185–86.

61 Hamilton, “On the Parties Responsible,” p. 82.

62 Eclectic Review, n.s. 13 (January–June 1843): 581; Eclectic Review, n.s. 21 (January–June 1847): 507; Baines quoted in n. s. 21, page 363; Baines, Letters to Russell, p. 124; Eclectic Review, n.s. 20 (July–December, 1846): 303; Baines quoted in Eclectic Review, n.s. 21 (January–June, 1847): 363; and Baines, Letters to Russell, p. 72.

63 Eclectic Review, n.s. 21 (January–June 1847): 507.

64 Baines, Letters to Russell, pp. 73–74.

65 Ibid., p. 8.

66 Edward Baines, Jr., “On the Progress and Efficiency of Voluntary Education in England,” in Crosby-Hall Lectures on Education (London: John Snow, 1848), p. 39.

67 Eclectic Review, n.s. 13 (January–June, 1843): 579.

68 Baines, Letters to Russell, p. 8.

69 William Godwin, Enquiry Concerning Political Justice and Its Influence on Morals and Happiness, vol. 2, 3rd ed., ed. F. E. L. Priestley (Toronto: University of Toronto Press, [1797] 1946), p. 302.

70 Eclectic Review, n.s. 13 (January–June 1843): 580.

71 Eclectic Review, n.s. 20 (July–December 1846): 291.

72 Eclectic Review, n.s. 21 (January–June 1847): 359.

73 Baines, Letters to Russell, pp. 7, 10.

74 Spencer, Social Statics, p. 297.

75 William Lovett, Life and Struggles of William Lovett, vol. 1, ed. R. H. Tawney (New York: Alfred A. Knopf, 1920), pp. 139–43.

76 William Lovett and John Collins, Chartism: A New Organization for the People (New York: Humanities Press, [1840] 1969), p. 63 ff.

77 John Stuart Mill, Principles of Political Economy, vol. 2, 5th ed. (New York: Appleton, 1899), p. 574.

78 John Stuart Mill, On Liberty, ed. David Spitz (New York: Norton, 1975), pp. 98–99.

79 Eclectic Review, n.s. 20 (July–December 1846): 297–98.

80 Algernon Wells, “On the Education of the Working Classes,” in Crosby-Hall Lectures on Education (London: John Snow, 1848), p. 65.

81 Baines, Letters to Russell, p. 120.

82 Joseph Priestley, Priestley’s Writings on Philosophy, Science, and Politics, ed. John A. Passmore (New York: Collier, 1965), pp. 306–9.

83 Godwin, Enquiry Concerning Political Justice, vol. 2, pp. 298–99.

84 Herbert Spencer, “The Proper Sphere of Government,” Nonconformist, October 19, 1842, p. 700.

85 Ibid. Spencer’s contempt for uniformity remained with him throughout his life. In 1892, he complained of “a mania for uniformity, which I regard as most mischievous. Uniformity brings death, variety brings life; and I resist all movements towards uniformity.” In 1897, Spencer again referred to the “mania everywhere for uniformity,” and he argued that “competition in methods of education is all essential and anything that tends to diminish competition will be detrimental.” Spencer, Life and Letters, pp. 315, 404.

86 Baines, “On the Progress and Efficiency,” pp. 42–43; Baines, Letters to Russell, p. 53.

87 Wells, “On the Education of the Working Classes,” p. 60.

88 Eclectic Review, n.s. 20 (July–December 1846): 290.

89 Auberon Herbert, The Sacrifice of Education to Examination (London: Williams & Norgate, 1889), p. 191.

90 Auberon Herbert, “State Education: A Help or Hindrance,” Popular Science Monthly, September 1880, p. 68.

91 Ibid., pp. 68–69.

92 Quoted in Norman Gash, Reaction and Reconstruction in English Politics, 1832–1852 (Oxford, U.K.: Clarendon Press, 1965), p. 64, n. 1.

93 The Economist, April 3, 1847, p. 380.

94 Eclectic Review, n.s. 22 (July–December 1847): 598.

95 Thomas Hodgskin, “Shall the State Educate the People?” The Economist, April 3, 1847, p. 381.

96 Eclectic Review, n.s. 22 (July–December 1847): 592, 596, 607.

97 Ibid., pp. 609, 611.

98 On the classical economists and state education, see William Miller, “The Economics of Education in English Classical Economics,” Southern Economic Journal 32, no. 3 (1966): 294–309; Mark Blaug, “The Economics of Education in English Classical Political Economy: A Re-examination,” Essays on Adam Smith, ed. Andrew S. Skinner and Thomas Wilson (Oxford, U.K.: Oxford University Press, 1975), pp. 568–99; and E.G. West, Education and the State (London: Institute of Economic Affairs, 1965), pp. 111–25.

99 Mill, Principles of Political Economy, vol. 2, pp. 573, 577.

100 Wells, “On the Education of the Working Classes,” p. 77.

101 Spencer, Social Statics, p. 300.

102 Ibid., p. 302.

103 Ibid., pp. 303–4.

“How Would Money Be Produced In a Free Society?”


By Jorg Guido Hulsmann

Who has the right to modify the quantity of money? … [I]n a free society, the obvious answer is: all producers of money have the right to produce more money, and all the owners of money have the right to use their property as they see fit.

In a truly free society, the production of money is a matter of private initiative. Money is produced and sold just as any other commodity or service. And this means, in particular, that in a free society the production of money is competitive. It is a matter of mining precious metals and of minting coins, and both mining and minting are subject to the competition emanating from all other market participants. In selling his product, the money producer competes with all other people who own money and seek to buy the same goods that he desires. And in buying factors of production, the money producer competes with the producers of chairs, theater performances, telephones, carpets, cars and so on. In a word, in a free society the production of money is constrained within fairly narrow limits, limits that are determined by the willingness of other members of society to cooperate with our money producers rather than with someone else.

[Editor’s Note: This was taken from DEFLATION AND LIBERTY Auburn: Ludwig von Mises Institute, 2008, pp. 29-30.]

“Vices Are Not Crimes”: Defending the Undefendable


by Carl Watner

(from No. 77, December 1995)
When I first read Walter Block’s “Libertarianism and Libertinism,” reprinted in this issue of The Voluntaryist, I was inclined to agree with his “Mea Culpa,” in which he expressed second thoughts about having published certain sections of Defending the Undefendable ( 1976). Walter expressed regret for being “too enthusiastic” and “wax[ing] eloquent” about the virtues of various deviant, non-violent, but politically-outlawed activities. Although he didn’’t explicitly identify them, presumably he was referring to his chapters on prostitution and drugs. His “present view with regard to social and sexual perversions is that while none should be prohibited by law, [he] counsel[s] strongly against engaging in any of them.”
Never in the twenty-plus years that I have read Walter’s writings, have I ever known him to advocate personal participation in these “social and sexual perversions.” In fact he specifically states that his defense of

the prostitute, pornographer, etc. is … a very limited one. It consists
solely in the claim that they do not initiate physical violence against non-aggressors. Hence, according to libertarian principles, none should be visited upon them. This means only that these activities
should not be punished by jail sentences or other forms of violence. It decidedly does not mean that these activities are moral, proper, or good.

This being the case, why should Walter be ashamed about having written in defense of the non-aggressive pervert?

This reminds me of a similar situation regarding H. L. Mencken, which is described in a “Personal Note” by Hamilton Owens in Letters of H. L. Mencken, selected by Guy J. Forgue (New York, 1961). Not believing that the German people would embrace Hitler, during the mid-1930s, Mencken refrained from criticizing the Nazis. Consequently, Mencken was often called a Nazi supporter. One day he asked if Owens thought he (Mencken) was an anti-Semite. Owens replied in the negative. Reassured, Mencken offered the following, which Owens called “one of the frankest confessions of faith I ever heard from” Mencken:

“I believe,” [said Mencken] “in only one thing and that thing is human liberty. If ever a man is to achieve anything like dignity, it can happen only if superior men are given absolute freedom to think what they want to think and say what they want to say. I am against any man and any organization which seeks to deny or limit that freedom.”

I made the obvious comment that he seemed to limit freedom to superior men. His reply was simple, to the effect that the superior man can be sure of freedom only if it is given to all men. So far as my observation goes, that little exchange gets close to the core of the Mencken philosophy.

Extending Mencken’s comments to include non-aggressive actions, liberty simply means that perverts have just as much right to their peaceful, corrupt activities as do the rest of us to our own moral, non-aggressive pursuits. As Benjamin Constant wrote in “On Conquest and Usurpation”: “Freedom cannot be denied to some men and granted to others.” No man is safe when another man’s liberty may be politically violated. If one man’s rights may be restricted, none are safe. In fact, the efforts to forcibly insure man’s morality by passing laws to inhibit his choice of activities is one of mankind’s oldest political myths. The attempt to compel virtue by outlawing certain activities is not only doomed to fail, but is self-contradictory. Virtue rests on choice, and if choice is denied what is left of virtue? “If there is to be a chance for the good life, the risk of a bad one must also be accepted. There is no escape from that.”

As responsible and self-disciplined adults, what lessons are there for us in Defending the Undefendable? First, as Ayn Rand pointed out, we have to be prepared to accept the least attractive instance of a principle. In other words, if we are to stand by the statement “no aggression against non-aggressors” we have to defend the right of the immoral to be immoral and the virtuous to be virtuous. There is no middle ground. As Walter and others have repeatedly said, this does not mean that we endorse, sanction, or personally participate in these perversions, but only that we consistently demand that every peaceful person be left alone. Secondly, it is necessary to formulate and elaborate a personal code of ethics to explain why these perverted activities are vicious and morally wrong. We need to be able to ex- plain to our children why they should refrain from these pernicious activities, yet at the same time we defend the right of these people to be “the scum of the earth.” Everyone needs to understand why these perverts have rights, and why they are not admirable or to be emulated.

Walter has made a good beginning in this direction. Any successful ethical code has to be life-oriented, and focused upon personal and family survival. None of these perverted activities build strong character, independence, self-control, or teach moderation. Intemperance, promiscuous sex and taking drugs lead to self-destruction of both the mind and body, and hence are to be avoided and shunned. These vices will undoubtedly exist in a stateless world, as they do in a statist environment. Thus we must teach our children that it takes morally strong individuals to resist both the lure of the State and the seemingly attractive snares of libertinism. They must learn that if they cannot govern themselves, then some- one else will try to rule them. Only self-controlled individuals can earn freedom and liberty. People must be good and virtuous to be free in mind, body, and spirit.

Proper discipline of our children teaches them how to be self-governors. This in turn leads to success in the disciplines of life. Self-discipline is critical to success in every realm of life. If you can teach them correct principles, ultimately you’ll be teaching them to govern themselves. This in turn leads to a freer society. This recalls the words of Albert Jay Nock, who wrote that the only thing that the individual can do “is to present society with ‘one improved unit.’” A person who practices all sorts of vices is not an “improved” or improving person. “It is easy to prescribe improvement of others… to pass laws.” But the voluntaryist method is “the method of each ‘one’ doing his best to improve” himself. This is the “quiet” or “patient” way of changing society because it concentrates upon bettering the character of men and women as individuals. As the individual units change, the improvement of society will take care of itself. In other words, “If one takes care of the means, the end will take care of itself.”

“A Few Last Words on Liberty”


By Gerard Casey

[Editor’s Note: The author of this piece, Gerard Casey, is Professor Emeritus, University College, Dublin, Ireland. Besides being a libertarian and supporter of voluntaryism, he is “culturally … a conservative” and “religiously … a Catholic,” (p. 874) and he sees no incompatibility between these three advocacies. His article brings to mind Whole Number 77 of THE VOLUNTARYIST (December 1995) with two articles on a similar theme (page 1 and page 8): “Vices Are Not Crimes: Defending DEFENDING THE UNDEFENDABLE,” and Walter Block’s “Libertarianism and Libertinism.”]

I should say that for libertarians, liberty is the lowest of social values, lowest in the sense of most fundamental, a necessary condition of a human action’s being susceptible of moral evaluation in any way at all. Libertarians are sometimes portrayed as if they necessarily considered social disorder to be something desirable. Nothing could be further from the truth. Although there may be individual libertarians who, bizarrely, judge that a disordered, Hobbesian-state-of-nature is a consummation devout-ly to be wished, most libertarians desire to live in an ordered society. The question isn’t really whether order is desirable; it is what kind of order is desirable, where that order is to come from and how it is to be maintained.

For the libertarian … genuine order arises intrinsically from the free interaction among individuals and among groups of individuals; it does not descend extrinsically from on high. As is clearly shown in the world of commerce, high-level order can emerge without an orderer. Each individual consum¬er, each firm, orders its own affairs and the relations it has with others. Out of this nexus of relationships emerges a higher- level order that isn’t the design of any one person. No one person or agency, for example, is required to organize the production, transport, distribution and sale of food in a given country. Food producers, transport firms, wholesalers and retailers, each working to their own ends, produce an ordered and flexible outcome that isn’t planned by any one person or agency.

Libertarians are free to take a variety of positions towards the significance of custom, habit and tradition. Nothing in libertarianism mandates a particular stance. Although some libertarians adopt a hostile attitude towards custom, habit and tradition and, in particular, towards religious traditions, this wasn’t the position of Murray Rothbard, the pre-eminent libertarian of the latter half of the twentieth century. As I already mentioned, in an essay he wrote on Frank Meyer who sought to “fuse” the conservative’s reverence for tradition with the libertarian’s love of liberty, Rothbard remarked that custom “must be voluntarily upheld and not enforced by coercion” and that “people would be well advised (although not forced) to begin with a presumption in favor of custom.” If it be granted that one shouldn’t be coerced into observing customs or traditions Rothbard, for one, was more than happy to go along with much of conservative thought. He called his fellow libertarians to order, remarking that libertarians often mistakenly assume “that individuals are bound to each other only by the nexus of market exchange” forgetting that “everyone is necessarily born into a family” and “one or several overlapping communities, usually including an ethnic group, with specific values, cultures, religious beliefs, and traditions.”

The libertarian relies on a sharp distinction between what is required only by morality and what is required only by legality, although, of course, there are areas where morality and legality overlap. In [my] “Preface,” I made mention of what I called the “Boundary Problem.” Thomas Sowell uses the term “precisional fallacy” to describe the use of fuzzy boundary issues to collapse distinctions that are, in fact, quite clear. “The precisional fallacy is often used polemically,” he says. “For example, an apologist for slavery raised the question as to where precisely one draws the line between freedom and involuntary servitude, citing such examples as divorced husbands who must work to pay alimony. However fascinating these where-do-you-draw-the-line questions may be, they frequently have no bearing at all on the issue at hand. Wherever you draw the line in regard to freedom, to any rational person slavery is going to be on the other side of the line. On a spectrum where one color gradually blends into another, you cannot draw a line at all – but that in no way prevents us from telling red from blue (in the center of their respective regions). To argue that decisive distinctions necessarily require precision is to commit the precisional fallacy.” Legality is determined by considerations of justice and justice, in turn, is a function of non- or zero-aggression. Whatever is done, provided it involves no aggression or threat of aggression is ipso facto just; it is not, however, ipso facto moral. Rothbard distinguishes emphatically between “a man’s right and the morality or immorality of his exercise of that right.” The possession of a right is one thing; its exercise is quite another. The moral or immoral ways of exercising that right “is a question of personal ethics rather than of political philosophy,” whereas political philosophy is concerned “solely with matter of right, and of the proper or improper exercise of physical violence in human relations.” It can hardly be said too often or too bluntly that, despite the suspicions of [Russell] Kirk and others, libertarianism is not the same thing as libertinism. Libertarianism will not admit the physical restraint or physical punishment of acts that do not aggress against others but it nowhere implies moral approval of such acts or rules out their restraint by other [non-coercive] methods.

[Excerpted from Gerard Casey, FREEDOM’S PRO-GRESS? A HISTORY OF POLITICAL THOUGHT, Exeter, United Kingdom: Imprint Academic, 2017, pp. 864-865. Permisson granted by author in email of August 14, 2017, 4:24 AM.]

Abolitionism and Modern Voluntaryism


By George H. Smith

[Editor’s Note by Carl Watner: As many readers of THE VOLUNTARYIST know, this newsletter was begun by George H. Smith, Wendy McElroy, and myself. This Note and the following essay offer details about the origin of modern day voluntaryism. I have previously shared some of my own personal background in “Something To Do with the Search for Truth: How I Became a Libertarian” in Issue 155, and I now offer the following in conjunction with George’s personal reminiscences of some of the events that led to the founding of THE VOLUNTARYIST.

I made my first contact with Wendy McElroy and George Smith, as early as October or November 1978 when I had met George at a Center for Libertarian Studies Scholar’s Conference at Princeton, New Jersey. I continued to stay in touch with them throughout the following years. In January 1981, Wendy sent me a copy of George’s “Party Dialogue.” In May 1981, I stayed with them at their apartment in Los Angeles, while attending the Future of Freedom Conference in Long Beach. Later that year, at the end of July, I attended another scholar’s conference at Bates College in Maine, where George was one of the lecturers. It was there that he first suggested the idea of forming an organization to focus on the truly anti-political nature of libertarianism. This was germ of the initial idea for The Voluntaryists. It was George who suggested using the word ‘voluntaryist’ to describe those libertarians who eschewed electoral activity. While researching the history of education in the English-speaking world, George had discovered that this word had been used to label the opponents of government-provided education in Great Britain during the mid-19th Century.

The first issue of THE VOLUNTARYIST newsletter was distributed in October 1982, and the next year was a busy one for voluntaryists. After the movie “Gandhi” came out in December 1982, Chuck Hamilton had the idea of co-sponsoring, with The Voluntaryists, a conference on nonviolence. Chuck lined up Gene Sharp, as the keynote speaker, and this took place in New York City on February 26, 1983. A few weeks later, I flew to the west coast, to participate in a debate on the validity of electoral politics in Vancouver. On the same trip, I also made a presentation to the Puget Sound Libertarian Forum (supper club), and helped Peter Walters start his League of Non-Voters. Later that year, I attended a Rampart Institute conference on non-voting and gave two work-shops at the Future of Freedom Conference in late October 1983. During 1984, I attended the “Libertarianism and War” conference in Los Angeles (March 30 – April 2, 1984), and on the second, during October, I made the acquaintance of Robert LeFevre, the main teacher and founder of Freedom School and Rampart College. It was at this time that Bob engaged me to write his biography, based on his voluminous autobiography which he shared with me. My biography of Bob was self-published by The Voluntaryists in late 1988 under the title of ROBERT LEFEVRE: TRUTH IS NOT A HALF-WAY PLACE.

For those interested, George also published a series of articles in Issues 1, 2, and 4 of THE VOLUNTARYIST (1982-1983) on “The Ethics of Voting.” Here follow his remarks on “Abolitionism and Modern Day Voluntaryism.”]

[D]uring the late 1970s and early 1980s [Wendell] Phillips’s monograph [CAN ABOLITIONISTS VOTE OR TAKE OFFICE UNDER THE UNITED STATES CONSTITUTION? (1845)] influenced my own thinking about the morality and the wisdom of political action for modern libertarians. But I had already embraced the voluntaryist opposition to political action before then, and my position was based on principles not found in Phillips. (I first proposed “voluntaryism” as a label for anti-political libertarianism in 1982, and the label has stuck.) One of the first public presentations of my anti-political views was a speech I gave for the Orange County Libertarian Supper Club in 1980. Titled “Party Dialogue,” this speech was subsequently printed in Sam Konkin’s periodical NEW LIBERTARIAN and later by Carl Watner for The Voluntaryist. I vividly recall the first comment at the Orange County Supper Club. Robert LeFevre (1911-86) a venerated figure in the modern libertarian movement (especially in Southern California) who had long opposed political action, stood up and announced that my presentation was the best lecture he had ever heard, aside from his own lectures.

LeFevre’s humorous endorsement was not shared by the majority of libertarians. Even many libertarian anarchists were not pleased with my views. This became evident to me at the 1980 National Convention of the Libertarian Party (in Los Angeles), where I was invited to give a talk on my objections to the Libertarian Party. I was favorably impressed by the invitation, since rare indeed is the political party that will solicit talks on why that party should not exist. But this was a formative period of the modern libertarian movement—a time when basic ideas about strategy were being hammered out and when many libertarians were interested in ideas for their own sake, quite apart from what their practical implications may be. But not all attendees at the 1980 convention welcomed my appearance; quite the contrary. While at the convention but before my talk, I learned that a petition was being circulated that protested my invitation to speak. The petition reportedly had hundreds of signatures, including that of John Hospers. In addition, large white protest buttons were passed out that simply read “Why”— curiously, the button omitted the question mark—and I saw many attendees at my well-attended talk wearing those buttons. (Somewhat flattered by being the object of a formal protest, I obtained a button and proudly displayed it in my home for many years.) Unlike those abolitionists who were victims of mob violence, no anti-Smith mobs were formed at the convention, and I felt perfectly safe walking the halls of the Century City Hotel and riding its spectacular elevators.

I mention these personal stories because of the obvious parallels between the no-voting stance of contemporary voluntaryists and the Garrisonian wing of abolitionism. Voluntaryism is a minority wing of the modern libertarian movement, just as the Garrisonians comprised a minority in the broader antislavery movement. For many years historians of abolitionism tended to treat the anti-political position of Garrison and Phillips as an eccentric glitch that harmed the antislavery cause, or at the very least retarded its progress. But two magnificent and highly regarded books helped to turn the tide to a more favorable view: MEANS AND ENDS IN AMERICAN ABOLITIONISM: GARRISON AND HIS CRITICS ON STRATEGY AND TACTICS (1968), by Aileen S. Kraditor; and RADICAL ABOLITIOINISM: ANARCHY AND THE GOVERNMENT OF GOD IN ANTISLAVBERY THOUGHT (1973), by Lewis Perry.

A major merit of these scholarly accounts is that they take the anti-political views of Garrison, Phillips, and their follower seriously, instead of dismissing them out of hand as too absurd for serious consideration. The anti-political arguments are considered on their own terms, as they appeared to the abolitionists themselves, rather than from the perspective of those modern historians who cannot conceive how any significant social or political changes could come about except through the ballot box. But whether one agrees with the Garrisonian position or not, it is virtually impossible for contemporary libertarians to read the extensive abolitionist debates over this controversy without being impressed by how detailed and thoughtful they are. Modern libertarians have said very little if anything about the pros and cons of voting and other political activities that was not said over 150 years ago by the abolitionists. In short, there is a good deal that libertarians can learn from studying abolitionist literature on this topic, whatever our ultimate conclusions may be.

Consider the presidential oath of office: “I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect, and defend the Constitution of the United States.” This and similar oaths of office were the major sticking point for Wendell Phillips and other anti-political abolitionists who viewed the Constitution as a proslavery document. How could any sincere abolitionist swear to “preserve, protect, and defend” a document that sanctioned the enslavement of human beings? And how could any sincere opponent of slavery seek to appoint, through voting, an agent who would publicly commit to the preservation and protection of slavery?

Back in the late 1970s, when I first became seriously interested in abolitionism, it quickly became clear that public oaths were regarded far more seriously in earlier times than they tend to be today. I therefore took a detour to study the history of oath-taking, and it was a fascinating journey. One story, which I read in a history of the French Revolution (I no longer recall the title or author), pertained to a problem experienced by Louis XVI when he was preparing for his coronation. The king’s oath contained items that he could not endorse, such as a pledge to persecute Protestants, so Louis sought the advice of Turgot (one of the better libertarians of his day). Turgot supposedly advised Louis to mumble those parts of the oath to which he could not honestly and sincerely commit. I do not know if Louis took Turgot’s advice, but this “mumble theory of oath-taking,” as I subsequently called it, was eerily similar to the rationalizations offered by those political libertarians who were criticizing voluntaryism. I was told that libertarians who could not support the Constitution (especially the taxing power vested in the federal government) could nonetheless swear under oath to “preserve, protect, and defend” that selfsame Constitution. Why? Well a variety of reasons were offered by my critics, and it is quite remarkable that Phillips discussed virtually all of these in CAN ABOLITIONISTS VOTE OR TAKE OFFICE UNDER THE UNITED STATES CONSTITUTION? Moreover, all seemed variants, in one form or another, of Turgot’s mumble theory of oath-taking.

[This essay first appeared on Libertarianism.org on March 24, 2017, as Part 7 of a very interesting series by George. Permission to reprint granted by Grant Babcock of the Cato Institute, email of August 11, 2017, 1:21 PM.]

 

The Author’s Story Behind LOOKING BACKWARD: 2162-2012


By Beth Cody

In 2012, when I published “LOOKING BACKWARD: 2162-2012: A View from a Future Libertarian Republic,” I had been interested in small-government libertarian ideas for nearly a decade, but was only just beginning to understand that we might not really need any government at all.

My changing views, and the story of how I came to write my book, are actually the story of my encountering several books written by others.

Some background: I grew up in Ames, Iowa, the daughter of a geology professor and a botanist, and I progressed through the political spectrum over time: as an undergraduate music student, I started out with liberal/progressive leanings and voted for Bill Clinton; later, as a graduate student in economics, and then as a financial analyst, I became more conservative and voted Republican. But after buying my small business in 2000, I began to wonder if either party got it right.

Before the birth of my first child in 2003, I became interested in our dysfunctional educational system, and read several books along the lines of “why Johnny can’t read”. Then, in a thrift store I stumbled across a used copy of Sheldon Richman’s book, SEPARATING SCHOOL AND STATE, and it was like a light bulb went on above my head, like in the cartoons. That was the beginning of my understanding that we don’t need government in order to get things done. (It also led to my decision to homeschool my two children.)

By 2005, I was firmly a libertarian, writing monthly op-eds for the local newspaper in Iowa City. As the recession hit in 2008, my growing unease with government regulations and spending led me to begin to speculate what would happen if the U.S. government ever “ran out” of money. It was around this time that mainstream publications such as the WALL STREET JOURNAL began to publish occasional articles about the idea of states seceding or the breaking apart of the U.S. – a forbidden topic in polite society until then.

It was also around 2008 that my book-collecting father gave me a 1920s copy of Edward Bellamy’s 1887 book, LOOKING BACKWARD FROM 2000 TO 1887. The novel recounts the story of a Boston aristocrat who enters a hypnotic trance in 1887 and wakes up in the year 2000 to find a socialist-utopian world in which all of the problems of the 19th century have been solved. Poverty has been eliminated; everyone is employed by the government, assigned work for which they are fitted, and retires at age forty-five. Every person receives the same income and distribution of goods, eats together in common dining halls, and children are cared for in government-run centers so women are free to work.

Bellamy’s book was hugely popular and influential at the time of its publication (the third-best seller after UNCLE TOM’S CABIN and BEN-HUR: A TALE OF THE CHRIST). It inspired over 150 local “Bellamy Clubs” for discussion and promotion of the author’s Marxist ideas, as well as several utopian communities.

Surprisingly, I found myself attracted by the story’s hopeful, optimistic view of the future and almost felt sadness that such miracles had not come to pass, despite hindsight from the spectacular failures and mass graves of communism in the 20th century.

Then I wondered if a similar libertarian vision of society had ever been published? Surely someone must have written a fictional work describing how a limited-government society could work?

Not the dog-eat-dog, sinister corporation-controlled dystopian worlds imagined by those who do not understand the benefits of competitive markets governed by limited laws, but the world of prosperity and limited – or no – government coercion that most libertarians strive toward.

Sadly, I was unable to find any such fictional imagining. So I set out to write one, loosely modeled on Bellamy’s story. It took me more than two years to complete.

In my book, a progressive professor, rightly concerned with the problems facing the U.S. in 2012 – poverty, bad schools, endless wars and corruption of democracy by special interests – believes that government could fix these ills, if only government could do more.

But following a fluke accident, he awakens after 150 years in a new nation that has largely resolved these issues – by government doing less. He learns what caused the Decline and Fall of the former United States and how multiple new republics were formed. He wakes up in the Free States of America, a nation of drastically limited government, free markets, civil liberties, and widely shared prosperity.

During the period I worked on my book, I came across Linda and Morris Tannehill’s 1970 book, THE MARKET FOR LIBERTY, which describes how an anarcho-capitalist society could function. While I was not immediately convinced that we could do entirely without government, I began to understand that we could get along with much less of it than I had previously imagined. And as my views continued to evolve, government seemed less and less necessary as I continued to think and write my book.  Toward the end of my novel, I hint at this growing awareness by describing a region of the Free States of America experimenting with no-government, implying that the limited-government FSA might be only a stop on the journey to even greater freedom from coercion.

Do I think that things might happen as I wrote in my book? The United States of America will almost certainly break apart at some point, perhaps before 2050. It has become increasingly clear to me that the U.S. cannot continue in its current iteration; it’s just not possible to get 300 million people to agree on so many things – and an increasingly centralized federal government means that we must vote to decide more and more things together, instead of deciding them individually. The result is increasing unhappiness with political results, and decreasing trust in government. This is a good thing for voluntaryists. The rancor and hatred inspired by the results of our last presidential election show that it’s merely a matter of time until the idea of separation becomes acceptable in the mainstream.

Once the U.S. has separated into multiple regions, most of the regions probably will become European-style socialist nations or U.S.-style “socialist-light” nations (and possibly some could descend into dictatorships).

But perhaps one region could become less coercive if enough Americans who appreciate the liberty and prosperity that strictly limited government fosters will congregate there. The most socialist Americans will choose to live in the socialist regions, which will allow freedom-loving Americans to institute more limits on their own government. While the result would not be the completely non-coercive society that voluntaryists hope for, it could be a big step in that direction.

And once government no longer controls education, people will be more likely to learn about the dangers posed by coercive government. They will be free to try new ways of helping others, and will be able to see the effectiveness of peaceful, voluntary efforts. This is the environment in which voluntaryism can grow. This is my hope, at any rate.

I don’t know if many people will ever read my book, but I hope that it might eventually influence a few readers, the way the three above-mentioned books have influenced me.

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LOOKING BACKWARD today.

Chaos in the Air?: Voluntaryism and the Airplane


By Carl Watner

[Author’s Note: In late October 2014 I began reading SIC ITUR AD ASTRA by Andrew Galambos. It had been sent to me by Richard Boren, a Galambos student and a subscriber to THE VOLUNTARYIST. One of the historical topics discussed by Galambos was Glenn Curtiss’ alleged violation of the Wright brothers’ patent for achieving lateral stability, which was critical to the successful flight of the airplane. I began reading about the history of the airplane, and soon discovered that there were two sides to the argument about where this idea originated. More importantly, I came to realize that the history and development of the airplane offered a fruitful field to investigate from a voluntaryist perspective. (References in the text are of the form [item#-page#(s)]. The items can be found in the partial list of texts at the conclusion of this article.)]

Introduction

When Orville and Wilbur Wright took turns flying their first plane on December 17, 1903 over the beach at Kitty Hawk, NC their efforts were the culmination of years of effort on their part as well as the dreaming, experimentation, and even death of others who believed that man could fly. From the ancient Greek myth of Daedalus and Icarus, to the drawings of Leonardo da Vinci (1452-1519), to Sir George Cayley, a British nobleman, “who started his aero­nautical investigations in 1796,” and in 1853 “launched the world’s first full-scale glider capable of successfully carrying a passenger,” to Otto Lilienthal, a German engineer who was killed 1896, “when a sudden gust caused his glider to stall and crash to the ground,” the quest was a long one. [3-95 and 97]

Governments around the world had little to do with the creation of the first successful airplane. Although the United States Congress had appropriated $50,000 to fund the unsuccessful experiments of Samuel Langley, the Wright brothers worked without government support. “With no investors, no government backing, and only” the income from their bicycle shop, “they set out to” solve the problem of heavier-than-air flight. [27-23 and 24; 4-156] They were brilliant, scientific, methodical, and full of common sense, yet had no university training. Wilbur had completed four years of high school, but never applied for his diploma. Orville only attended three years of high school and “started a printing business when he was 15 years old and was running a weekly newspaper by his junior year of high school.” [57] In fact, the Wright brothers not only created the world’s first airplane, but they had to teach themselves how to fly, which meant how to take off, how to land, how to turn, and how to maintain balance while in the air – all the while without killing themselves. In addition, they started the world’s first flight training school, and operated the world’s first airport at Huffman Prairie, near Dayton, Ohio.

Airplanes have changed our world in many different ways. Although the Wright brothers imagined that the plane might have some commercial uses, they believed that the United States military would be their first and most important customer. They thought the airplane would be a force for curtailing war among nations, since the airplane would allow each nation to spy on its neighbor’s armed forces. Little could they dream that an airplane would drop the first atomic bomb little more than four decades after they took their first flights.

The U.S. government was caught by surprise when its functionaries learned of the Wrights’ success. Actually, many in and out of government originally disbelieved the Wright brothers’ announcement that they had flown. Other than the fact that the Wrights filed for several patents, the various parts of the federal government, such as the Interstate Commerce Commission and Department of Commerce, had nothing to do with aviation in its earliest years. Although some states passed legislation affecting the airplane, it was not until 1926 that the federal government did so. Until then “an American engaged in flying either for a livelihood or for pleasure could go about his business and scarcely notice the existence of federal, state, or local authority. … He needed no pilot’s license, nor a license to carry passengers or goods in commerce. The school or individual that taught him to fly was also unlicensed. The aircraft he flew possessed no airworthiness certificate. If he chose, he could build his own machine in his own backyard and fly it – if it would fly – without conforming to any mandatory set of engineering standards. … Once in the air, this birdman was not required to abide by any rules of flight. There were none.” [5-7]

Were the first two decades of aviation history a voluntaryist paradise free of government intervention, or an example of “the chaos of laissez faire in the air,” as described by a writer in the BUFFALO COURIER in 1924? [5-8] In the beginning, there was no aviation insurance, there were no airports, no flight charts, no aerial maps, no customary rules of flying behavior: so how did all these things sort themselves out? Was there true chaos or were there non-governmental forces at work that would provide for orderly deportment in the aviation world? The purpose of this article is to describe the voluntary societal forces and the coercive political forces at work in the history of the airplane.

The Early Years of Aviation in the United States: The Aero Club of America

Once the Wright brothers went public with their success, others tried to duplicate their efforts. Glenn Curtiss, in conjunction with Alexander Graham Bell and his associates, “was the first American after the Wright brothers to build and fly an airplane.” [29-16] Flying machines cost in excess of $5000 (the gold equivalent of at least $250,000 today) and remained the play toy of the rich for a number of years. In fact, the first major interest in the airplane came in 1905, “when members of the Automobile Club of America formed the Aero Club of America.” [6-ix] Both the Automobile Club and the Aero Club were populated by the likes of John Jacob Astor, William K. Vanderbilt, and Philip T. Dodge. Shortly after its own beginning, the Aero Club of America became a founding member of an international organization “of national aeronautic associations, the Federation Aeronautique Internationale (FAI)” which to this day, “remains the international sanctioning body for all aviation records.” [6-10]

The purpose of the Aero Club was educational and its policy was to encourage “a proper interest in the possibilities of aeronautics.” [6-10] The club’s first focus was on ballooning and it took possession of the James Gordon Bennett International Cup, established by the publisher of the NEW YORK HERALD, when two American balloonists became the winners of a long-distance balloon race that took place in Paris on October 1, 1906. [6-27] Soon its efforts turned toward promoting the airplane and it “was charged with officiating the attempts” of those seeking to win the SCIENTIFIC AMERICAN trophy, which had been offered in 1907 to the first American “to cover a distance of one kilometer or more” in a heavier-than-air flying machine. [6-39] Although it seemed the Wright brothers could have easily won the trophy, they were uninterested in pursuing it. “On July 4, 1908, the ‘June Bug,’ [an airplane] piloted by Glenn Curtiss,” won the trophy, even though the Wright brothers had already flown greater distances. [6-40]

Although 1908 was a year of aviation firsts, it was fraught with entrepreneurial challenges. When a group of St. Louis businessmen proposed to have Henry Farman come to America with his French-built plane, their efforts ended in disaster. Farman had won a $10,000 prize for the first circular flight in France of more than one kilometer. This occurred before Orville Wright made the first public demonstration of sustained flight in a Wright-built plane in the United States. [6-43] Farman was to receive $24,000 for flying his airplane in several major American cities over the course of 3 months. Members of the St. Louis syndicate went bankrupt before Farman started his tour, and Farman’s plane had a lien placed against it until the rent was paid on the tent serving as the plane’s hangar. Upon learning that other creditors intended to have the machine confiscated to pay additional debts incurred by the syndicate, Farman and his wife and crew “stole their own airplane and had it loaded aboard a ship bound” for France. [6-42] Fortunately, the Aero Club’s involvement had been limited to sanctioning and certifying Farman’s flights in the United States.

Meanwhile in France, Wilbur Wright, under the auspices of the French government and the Aero Club of France, finally made a public flight in early August 1908. His demonstration was followed by Orville’s first public flight in the United States in a Wright-built plane on September 3, 1908 for the U.S. military at Fort Meyer, Virginia. Within a few days, “Orville made a stunning, record-breaking flight of sixty-two minutes and fifteen seconds.” [6-43] More records were broken in the following days, but tragedy struck on September 17, while Orville was flying with a passenger. The plane crashed after a propeller broke. Orville was seriously injured, and the passenger was killed.

Although the Wrights’ flights were not certified by the Aero Club of America, the Club was involved in other aviation activities. In December 1908, “James Gordon Bennett who had earlier promoted balloon competition” now sponsored a new trophy and cash prize to be awarded at the first International Air Meet to be held in Rheims, France in August 1909. [6-43] The Aero Club of America was to sponsor three entries, and when they asked the Wright brothers to participate, the Wrights refused. Glenn Curtiss, re­presenting the Aero Club, ultimately won the Bennett aviation trophy, and in the process set a world speed record in a flying machine. “The only thing that marred his success was the surprise announcement that the Wrights’ attorneys had named him as a defendant” in a patent infringement suit. The Club’s members were filled with joy at having an American win the Bennett trophy, but now they became con­cerned that the Wrights would block their sponsor­ship of the 1910 competition for the Bennett trophy which was to take place in the United States. [6-45] The Club agreed to make royalty payments to the Wrights, but the patent litigation that dragged on until World War I, when the government forced a settlement.

After the success of both Curtiss’ and the Wrights’ flights in 1908, “Americans developed an intense interest in aviation.” [6-54] Not only had ballooning grown in popularity, but there was “a surge of airplane construction and flight attempts” based on books and magazines that catered to the middle-class pilots who built their own machines. “[H]undreds of backyard builders were busy during the prewar years.” [29-34] The Club had originally encouraged proper training of balloonists by insisting that any balloon participating in an event sanctioned by the Club carry at least one licensed pilot. “An FAI balloonist license issued through the Aero Club merely attested to a degree of competency on the part of the holder.” [6-55] Existing member-owners and pilots were issued grandfathered licenses in 1909. Those applying for licenses after that date were required to have made at least ten balloon flights under the instruction of an already-licensed pilot, and then qualify for an endorsement of their ability from two other existing license-holders. Although mandatory licensing of balloonists was discussed among Aero Club members, the federal government never responded to these public proposals because at that time “there existed no government agency that would logically regulate aeronautical activity.” [6-55]

In November 1909, the Aero Club extended its licensing program to include airplane pilots and dirigible operators “in order to prevent ‘indiscriminate flying’.” Candidates for a plane license would have to be at least twenty-one years of age, have made three solo flights (one of which extended more than a kilometer) under the supervision of the Aero Club, and have exhibited flight skills that “were reasonably safe and prudent.” [6-56] The Aero Club of America would extend reciprocity to any applicant already certified by a foreign affiliate of the FAI. “In announcing the licensing requirement, the Aero Club stated that Glenn Curtiss and the Wrights were already qualified as ‘aviation pilots’.” Although it was once thought that the Aero Club was prejudiced against the Wright brothers since they received Licenses No. 4 and 5, in reality the first five licenses were assigned alphabetically with Curtiss being No. 1. Many of the very “early pilots did not apply for a license until long after they started flying – and some were never licensed at all.” [6-57] Nevertheless, by 1919 the Club’s yearbook showed that “3544 persons then possessed Aero Club aviators’ certificates.” [56-290]

In judging the effects of the licensing program, one historian of the Aero Club wrote:

Although the Aero Club’s licensing program no doubt helped to make flying safer, it carried with it no weight of law. Indeed, the only way that the club could enforce any of its safety measures was by excluding the offender from record attempts and sanctioned competitions – events in which only a relatively small number of pilots participated. [6-57]

Certainly, this licensing procedure did not cover all pilots, nor did it include extended proficiency tests or medical examinations. As one critic of this voluntary system put it, the Aero Club license “was little more than a nice card for a gentleman aviator to carry in his pocket.” [5-26] Since there were no federal regulations, municipalities and state governments began enacting their own legislation. Connecticut was the first state to impose licensing and registration of aircraft. A proposal in Grand Rapids, Michigan would have levied a $10 fine on any pilot who fell from his plane. In Tampa, Florida, two early aviators were arrested for flying their planes on Sunday. [6-58] Los Angeles County issued pilot licenses and “New York City prohibited flying at an altitude below 2,000 feet.” [5-27]

Other initiatives were begun by the Aero Club of America. Pilots had their licenses suspended if they flew too low in public demonstrations. [6-75] In 1908, the Aero Club started a fund drive to raise money to purchase the U.S. rights to the Wrights’ patent and to place the invention in the public domain. Wilbur Wright indicated that the brothers would be willing to relinquish their rights to the patent if they were paid $100,000. After six months only $11,000 had been raised and the effort was abandoned. [28-27] As World War I approached, the Aero Club spearheaded public efforts to develop an air defense capability. The National Aeroplane Fund was begun by the Club in 1915 to raise public donations for pilot training and aircraft purchases by state militias and National Guard units. Ultimately, the Fund raised almost $400,000 in donations before Congress appropriated $3.5 million for training military pilots in June 1916.

 World War I and the Barnstormers

World War I was a pivotal event in the development of the airplane industry both in Europe and the United States. At the beginning of the war, Great Britain had 110 planes; by the end of the war, the British Air Force consisted of 290,000 personnel and 22,000 aircraft. [29-31 and 32] Similar growth was experienced in the United States. There was amazing cooperation between the U.S. Government and industry during the war. In July 1917, under threat of government condemnation of the major aero­nautical patents, Orville Wright, Glenn Curtiss, and other aircraft manufacturers formed a patent pool known as the Manufacturers’ Aircraft Association. This effectively ended patent litigation and allowed the government to reduce the royalties on planes purchased by the military. [28-57 and 33-2] As one aviation historian wrote, “The First World War was a watershed in aviation’s history. It was then that a substantial aircraft manufacturing industry, force fed by military procurement orders, first sprang up.” [5-11] The war provided the airplane with a useful, yet destructive purpose. It also provided an opportunity for thousands to learn to fly and gave many more their first exposure to the airplane.

After the signing of the Armistice in late 1918, the stream of government money dried up. The American government had no further need for most of its plane inventory and it disposed of its surplus. The Army discharged many veteran airmen who had been taught to fly and who wanted to continue to fly in civilian life. The Jenny, a plane that had been used for training purposes, could be had for the price of a Model T (about $300). Vast numbers of planes came off the production lines, “too late for war service,” and “were grabbed up at bargain-basement prices by aviation enthusiasts, and by the U.S. Post Office Department.” [5-20]

By the end of the War, the single most interesting non-military use of the plane was for mail delivery. For the year 1918, Congress appropriated $100,000 for the establishment of an experimental air route for flights between Washington, DC and New York, with a stopover in Philadelphia. Even after the airmail postage rate was reduced from 24 to 16 cents per ounce, there was still insufficient demand. However, the service was extended in July 1919, connecting New York, Chicago, and Cleveland. Finally in 1920, a full transcontinental air route was established connecting Chicago to Omaha, and Omaha to San Francisco (with many intermediate stops). [5-19]

Many of the war surplus planes ended up in the hands of flyers who became known as barnstormers. “Barnstorming was the art of flying old airplanes about the country to every city, town, or village to introduce flying” to a populace that had never seen a plane before, much less flown in one. [55-Preface] In the early 1920s, “an airplane was still a big sensation” in most parts of the country. [41-25] The barnstormers, also known as gypsy flyers, were “a rare breed of men, aptly called daredevils.” [41-7] Most had been demobilized by the war and owned their own planes or worked as contractors for others. They offered one or two minute plane rides for 50 cents or a dollar. “Wingwalking, plane-changing, formation-stunting, dead-stick landings, parachute jumping, night fireworks flights, and mass passenger-carrying were the order of the day.” [41-87] There were also those flyers whose cargo was bootleg liquor trying to avoid the revenue agents.

Most of these early stunt flyers could only be described as fatalists. When a flyer set out, he had no idea where he was going to land. There were no aerial survey maps, no radio aids, usually no wheel brakes – “dragging a plane’s tailskid over the ground was the sole method of slowing it down.” [41-23] The barnstormers firmly believed that when your time to die came, “you would go regardless of the type of work you were doing.” Many would not have quit even if they knew they would die flying. [41-42] When Clyde Pangborn, a well-known barnstormer, crashed in the sand at Coronado Beach, California on May 16, 1920, he was laid up for many weeks with both of his shoulders broken, a split breastbone, a broken wrist, dislocated hip and several damaged vertebrae. When the San Diego newspapers screamed for banning aerial artists and stunt flyers, “Pangborn declared from his hospital bed that it was his life and that he reserved the right to risk it for aviation and his bread and butter.” [41-27]

Occasionally barnstormers would fly as a group. The most well-known was the Gates Flying Circus, which formed in 1911 and disbanded in 1929. [41-102] Started by Ivan Gates, his Circus flyers “built a national reputation by covering every state of the Union with their air shows, passenger flights, wing-walking, and parachute jumping.” [55-5] According to its own records, “the Circus had carried between 750 and 800 thousand passengers without a serious injury to any of them. Nor had any one of its pilots ever been fatally injured while flying under the banner of the Circus.” [41-139]

Airports were few and far between, so Gates devised a way to promote both his Circus and airport construction. He would go into a town and find the local newspaper office and tell them his Circus would arrive in a few days if the town’s citizens would prepare a suitable landing place. As related in BALING WIRE, CHEWING GUM, AND GUTS:

At Spartanburg, S. Carolina, [in the Spring of 1925] they approached the editor of the local newspaper and decried the lack of a suitable flying field in that city. The editor had a hurried conference with the local Chamber of Commerce, city and county officials and interested citizenry.

They offered the Circus free labor and equipment with the comment: “Show us how to build an airport and we will build it.” The very next morning a large site was donated by a public-spirited citizen. Then other local citizens sent graders, drags, harrows, rollers plus many free laborers out to the large tract. In three days the field was made ready. [41-87]

Although the Gates Flying Circus used this landing field, it was not destined to be Spartanburg’s permanent airport. In 1927, a city-financed airport was built at taxpayers’ expense of $ 46,000. The local chamber of commerce and city fathers hoped the new airport would be used on a U.S. Postal air route offering service between Greensboro, NC and Atlanta, GA. [44-36 and 37]

By the end of 1929, there were 453 municipal and 495 private and commercial airports in the United States. [8-46] Public discourse included discussions of whether airports should be owned and built by private interests or local, city, or state governments. Arguments were made that “it is the duty of every municipality to own an airport, just as much as it is its duty to own and maintain the streets, parks, and harbor facilities within its limits.“ [5-174] In their book, AIRPORTS, published in 1931, the authors asked what municipal ownership had accomplished. “[T]he community has been able to enjoy the facilities of an airport sooner than would have been possible” if it waited for private investors to appear. [8-49] The public paid for this through taxation, whether any particular individual wanted an airport or not. Hubbard recognized that “aviation has been indirectly subsidized by the public, and the growth of aviation [has been] artificially stimulated.” [8-50]

Where Did the Impetus for Government Intervention Come From?

Although the barnstormers and the Gates Flying Circus may have benefitted from the expansion of airports, what ultimately brought about their demise was the passage of the federal Air Commerce Act, signed into law on May 20, 1926. As one historian in THE AVIATION BUSINESS described the legislation:

[T]he Air Commerce Act gave flying a legal status: it asserted the right of the federal government to regulate interstate flying and provided for the inspection and regulation of commercial aircraft, thus bringing the commercial operations [and barnstormers] within the law. It provided for the development of airways, and of adequate lighting for night flying. It established a new Assistant Secretary of Commerce for Aeronautics, and put flying under the jurisdiction of the Department of Commerce. [36-77]

In addition, the Act provided for the licensing of pilots and mechanics, certification of the air worthiness of planes, and the issuance and enforcement of air traffic rules. Both civil and criminal penalties could be assessed against violators of the Act. [5-84]

The Act, itself, was primarily urged upon Congress by large parts of the aviation community. The commercial interests, manufacturers of planes, and the established air passenger companies, hoped that national regulation “would increase safety and encourage commercial development.” [1-85] There was little public support for passage of the Act. The National Aeronautic Association, which had been formed in 1922, by the merger of the Aero Club of America and the National Air Association, argued for government regulation “because of the close relationship they foresaw between a vigorous civil aviation industry and national military preparedness.” [6-106]

When the legislation was finally passed, none other than the “the man who had for so long pressed for government legislation on behalf of the National Aeronautic Association” was chosen as assistant secretary of commerce for aeronautics. [6-116] William P. MacCracken became responsible for licensing civilian pilots and aircraft. Numerous industry-wide meetings were held to formulate the Air Commerce Regulations, which were to go into effect on December 31, 1926. [5-96] Inspectors employed by the Department of Commerce were charged with inspecting factories, testing aircraft, and examining pilots and mechanics. “Aircraft designers were [even­tually] required to meet minimum engineering standards … .” As MacCracken told the manufac­turers, “We’ve got certain safety factors, and we’ll have our engineers check your plans with respect to them. But mainly we’ll rely on you to comply voluntarily.” [5-98] The Inspection Service of the Air Regulations Division of the Department of Commerce had to hire skilled technical people (doctors, engineers, pilots, mechanics) from within the existing aviation industry to enforce the new government regulations.

MacCracken’s main goal was “to convince people that airplanes were a safe means of transportation.” If the public would not fly on passenger planes “aviation would be relegated to moving the mails,” and other freight. But before this could be accomplished “the Aeronautic Branch ‘would have to ride herd on a lot of this barnstorming going around the country.’ Aviation would have to replace its colorful, but reckless image” with a much safer one. [5-104] In fact, this is what brought about the demise of the Gates Flying Circus. Within a few years, inspectors began to condemn the World War I-era planes used by most barnstormers, and began to enforce air traffic rules which prohibited commercial stunt flying.

One of the main arguments for supporting the Air Commerce Act was that flying was “unnecessarily dangerous because of a lack of Government regulation.” [5-24] While it was true that people died in airplane accidents before the passage of the Act, it is also true that people died in accidents after the Act. The assumption that somehow government could make flying safer was false. Government had no special ability to devise new safety rules or educate safety engineers. All it could do was force people to adopt new safety codes or, if they didn’t, threaten them with jail time or fines. The main question really was: Who would be forced to pay for the new safety requirements? Flying, like all other human activities, could not be made absolutely safe. In the absence of mandatory regulations, those who had a proprietary interest, such as the owners of planes, pilots, passengers, and insurance companies, ultimately had to decide how much they were willing to pay for safety. What the government did under the guise of the Air Commerce Act was to force members of the general public, who (for the most part) had no direct proprietary interest in airplanes, to pay part of the cost of enhanced aviation safety. “As one wit cracked, the hind legs of mules annually claimed a larger number of victims than did air crashes.” Another critic of the legislation observed: “If a man wants to kill himself [flying], let him do it.” [5-23]

Using taxpayer money, the U.S. Air Mail Service “was the one civil aviation enterprise” with the best safety record for its time. Pilot applicants had to have extensive flying experience and received periodic medical examinations. Planes were thoroughly inspected at the end of each trip; engines and airframes were overhauled on a regular basis. Preventative maintenance was emphasized. For every pilot employed by the service, there were 15 ground personnel. In the early 1920s, Paul Henderson, the Second Assistant Postmaster General, pointed out that the whole purpose of the Air Mail Service was to demonstrate “the practicability of aviation and thereby stimulate […] its commercial development.” [5-21]

Government Law of the Air and the Insurance Industry

Another factor hindering the development of commercial aviation “was the inability to secure insurance at reasonable rates.” [5-29] In the beginning, commercial underwriters had to struggle with the lack of data on which to base their rates. There is no evidence of any underwriting activity within the United States in the aviation field prior to 1918. It was in that year that the Queen Insurance Company of America (New York, New York) began writing the first aviation coverages by using ordinary automobile or fire policies with special endorsements which extended coverage to aviation risks. [53-21] In March 1920, a group of five insurance companies pooled together and formed the National Aircraft Underwriters Association. One of its first activities “was the compilation of information about pilots.” It began by collecting pilot records, verifying pilot statements on their insurance applications, and by keeping “insured-loss records on pilots.” “All of the known pilots in the country were canvassed” and a complete questionnaire submitted to each registrant. It asked for a detailed history of each pilot’s experience “at commercial and cross-country flying” as well as the history of any accidents he had experienced. Ultimately a “Pilot’s Grading Code” was established by the Underwriters Association. “More than two hundred pilots were graded” and this “seemed like a fair start toward scientific underwriting, especially when the work of examination and registration of pilots and aircraft was taken up by the Underwriters Laboratories.” [53-26 and 28]

In his 1927 thesis on “The Nature and Development of Aviation Insurance,” Stephen Sweeney discussed the pioneering work of Underwriters Laboratories. After the organization of the National Aircraft Underwriters Association “negotiations were started to have the Underwriters Laboratories at Chicago inspect aircraft production methods and to register and classify aircraft. This preliminary work of the Laboratories was begun in the latter part of 1920. A plan of cooperation between the Laboratories and the Association was finally worked out whereby the Laboratories agreed to provide: (1) a register of pilots, (2) a register of aircraft, and (3) certificates of air-worthiness of aircraft.” In addition, Underwriters Laboratories created a board of inquiry to investigate crashes and began formulating rules to govern a pilot’s conduct and responsibilities while in the air. “[R]egistration of aircraft was based on Lloyd’s Aviation Register and the number assigned followed the plan worked out by the International Aircraft Convention of the Peace Conference” of 1919. [5-30 and 53-29]

However, by mid-1923 the Aviation Department of Underwriters Laboratories had only limited success. It had issued 35 aircraft registrations, 10 air-worthiness certificates, and certified and registered 39 pilots. The Association finally disbanded in 1926, after its members experienced high loss ratios on aviation claims and were faced with the new government regulations. As one commentator wrote, “the insurance companies could scarcely be blamed” for leaving the field. “To begin with, liability in air accidents was a legal no-man’s-land.” [5-30] What legal rules would be used to determine liability in the case of an air accident? It was not until several years after the passage of the Air Commerce Act, that a number of insurance companies formed the United States Aircraft Insurance Group and began anew the work of underwriting aviation risks. [54-12]

Prior to the passage of the Air Commerce Act the federal government’s control over the air was actually in question. Aviation law in the early 1920s was in an unsettled state. “One of the more heatedly debated questions at the time was whether flight over private property without permission of the property owner constituted trespass.” [5-50] The question of aerial trespass had begun when balloonists were shot at by residents in Vermont, Alabama, and Kentucky. [6-33 and 34] Although some of those firing the shots were prosecuted, the common law apparently supported the belief that one’s property extended to the heavens. The maxim Cujus est solum, ejus est usque ad coleum (“Whose the soil is, his is all the way to the heavens”) “had been adopted by the English courts as a comprehensive statement of landowners’ rights at a time when any practical use of the upper air was thought impossible.” [5-50] The question of “who owned the sky” was so debatable that the American Bar Association supported passage of “a constitutional amendment [that would confer] control over the airspace to the Federal Government.” [5-51]

Others believed that Congressional power over airspace was derived from the commerce clause, but neither the Constitution nor the common law established any direct federal “jurisdiction over the air, or the air space above the lands and waters of the states.” [5-51 and 8-108] Whatever authority the federal government exercised was based solely upon its control over interstate commerce, but even this position did not answer the question of who should regulate flights within a single state. Some argued that flights over private land were in the nature of an easement that required no compensation unless such flights interfered with the land owner’s use of his airspace. [16-127] Others believed that a land owner’s property extended upward, and that air routes over private property should be paid for by the owners or operators of air-borne vehicles. [16-129 and 130] Ultimately, after a great deal of lobbying, legislative jockeying, and a Supreme Court decision which concluded that “effective control over interstate commerce” could not be exercised “without [the] incidental regulation of intrastate commerce,” Congress took the bull by its horns and simply assumed federal ownership of the air and airways. [5-52] No one ever challenged its jurisdiction. This massive space-grab was based on the legal theory that the only way each nation could protect itself was to control its respective air space, which implied that it had the right to regulate flights over and within its own territory.

Conclusion: What Is Seen and Not Seen

Although the airplane was created by two hitherto unknown mid-western brothers, its impact on the world has been enormous. Their invention set the stage for a transportation revolution, but, like every other human tool, the airplane has been used for good and evil. To answer the question posed in the title to this article, “Was there chaos in the air?” – “No,” if by chaos we mean utter confusion and disorder. The existence of a new tool and technology required the development of new modes of customary behavior by those who owned and used the tools. Just as the development of the airplane did not take place overnight, so the evolution of customs relating to the airplane would and did take time.

Is it possible to imagine that the aviation industry could have evolved without government intervention? Yes, because the fact of the matter is that governments contributed little to its start. Long before government was involved, the Aero Club began licensing balloonists and airplane pilots. Underwriters Laboratories was engaged by an insurance group to register pilots, investigate crashes, and set air safety standards. Although it has not been mentioned, private interests in the United States promoted both aviation safety and aeronautical education. Between 1926 and 1930, Daniel Guggenheim, a super-wealthy industrialist and mining magnate, contributed over three million dollars toward various aviation projects. Six schools of aeronautical engineering were endowed, a model airline between San Francisco and Los Angeles was started, and the Guggenheim Fund sponsored a concerted effort to promote visible-from-the-air marking of towns across the United States. [10-33, 86 and 158]

As this historical review makes clear, aviation in the United States, as well as in most other countries of the world, has been fostered and subsidized by governments. “This is not because of the airplane’s immense potentialities for furthering human progress, but, on the contrary, [was] chiefly due to its power of destruction and terrorization.” [36-vi] So, given government’s propensity to “get involved,” what has government done that private individuals acting peacefully among themselves could not have accomplished? Nothing. By using money taken from the taxpayers, governments may have managed to impose improvements in air safety sooner than they would have come about naturally, but even that conclusion is doubtful, given government’s generally poor track record in accomplishing its stated goals. We have no way of knowing what people might have done with their own money had government not taken it from them. As Israel Kirzner once observed, if we rely on freedom to bring about effects which no one can specify in advance, then restrictions on freedom will harm us in ways of which we will never be aware. [58-37] Who knows what kind of aviation industry we might have had if voluntaryism had been respected?

A Partial List of Books Consulted

[1] Phil Scott, THEN AND NOW: HOW AIRPLANE GOT THIS WAY, Batavia: Sporty’s Pilot Shop, 2011.

[3] Seth Shulman, UNLOCKING THE SKY, New York: HarperCollins Publishers, 2002.

[4] John Evangelist Walsh, ONE DAY AT KITTY HAWK, New York: Thomas Y. Crowell Company, 1975.

[5] Nick A. Komons, BONFIRES TO BEACONS, Washington: Smithsonian Institution Press, Reprinted 1989.

[6] Bill Robie, FOR THE GREATEST ACHIEVEMENT, Washington: Smithsonian Institution Press, 1993.

[8] Henry Hubbard, Miller McClintock, and Frank B. Williams, AIRPORTS, Cambridge, Harvard University Press, 1930.

[10] Richard P. Hallion, LEGACY OF FLIGHT: THE GUGGENHEIM CONTRIBUTION TO AMERICAN AVIATION, Seattle: University of Washington Press, 1977.

[16] Stuart Banner, WHO OWNS THE SKY?, Cambridge: Harvard University Press, 2008.

[27] James Head, WARPED WINGS, Mustang: Tate Publishing, 2008.

[28] Herbert A. Johnson, “The Wright Patent Wars and Early American Aviation,” 69 THE JOURNAL OF LAW AND COMMERCE (2004), pp. 21-63.

[29] Roger E. Bilstein, FLIGHT IN AMERICA, Baltimore: The Johns Hopkins University Press, Revised edition 1994.

[33] Ron D. Katznelson and John Howells, “The Myth of the Early Aviation Patent Hold-Up,” 24 INDUSTRIAL AND CORPORATE CHANGE (Advance Access published March 3, 2014), pp. 1-64.

[36] Elisabeth E. Freudenthal, THE AVIATION BUSI-NESS, New York: The Vanguard Press, 1940.

[41] Bill Rhode, BALING WIRE, CHEWING GUM, AND GUTS, Port Washington: Kennikat Press, 1970.

[44] Ed Y. Hall (editor), SPARTANBURG MEMORIAL AIRPORT SCRAPBOOK: A HISTORY – 1910-2011, Spartan­burg: The Honoribus Press, 2011.

[53] Stephen Binnington Sweeney, “The Nature and Development of Aviation Insurance,” Ph.D. Thesis (1927), University of Pennsylvania.

[54] Leonard H. Axe, AVIATION INSURANCE, No place: Insurance Institute of America, 1931.

[55] Bill Rhode, THE FLYING DEVILS, New York: Vantage Press, 1983.

[56] George Bogert, “Problems in Aviation Law,” 6 CORNELL LAW QUARTERLY (March 1921), pp. 271-309.

[57] “Education” at http://www.wright-brothers.org/Inform­ation_Desk/Just_the_Facts/Trivia/Wright_Trivia.htm#Education.

[58] Jack High, Capitalism and Entrepreneurship” book review of Israel Kirzner, PERCEPTION, OPPORTUNITY, AND PROFIT, in THE LIBERTARIAN REVIEW (January 1981), pp. 35-40.

A Book Review of LOOKING BACKWARD 2162-2012


By Carl Watner

This exciting book written by Beth Cody and published in 2012, is well worth reading. One can only wonder what would happen if Donald Trump and his advisers were to read it, and put some of its strictures into practice. Cody describes a society whose members value their liberty and realize the importance of spiritual freedom. It is a society of individuals who are working toward voluntaryism, but who are not quite there, yet.

The basic  purpose of LOOKING BACKWARD  is to describe a libertarian society (with a very limited government) as the author imagines it might exist in the year 2162. This is accomplished by the use of a time capsule framework, which projects the main character, Professor Julian West, into the Free States of America (a group of mid-western states that have seceded from the United States of America sometime after 2037).

The author begins with a description of how the United States of America breaks apart, and survives as a much smaller political unit, and how a number of distinctive republics, each with their own statist characteristics, emerge from the rubble of a country formerly governed from Washington DC. The discussion of how smaller, less centralized, states might come about is a topic unto itself.

The basic political philosophy of this minarchist society is outlined on page 52 (my comments appear in brackets):

  1. Federal and state governments cannot levy taxes or fees though local governments can do so. On page 69, the author adds that “A basic principle of making government as ‘good’ as possible is keeping government as local as possible.”

[The author denies the federal or state governments of the Free States of America the power to tax its citizens, but allows municipal governments to do so, believing that competition at the local level will prevent excessive taxes from becoming a threat to the liberty of the citizenry. On the question of whether a ‘good’ government could exist see Robert LeFevre. GOOD GOVERNMENT: HOPE OR ILLUSION? (1978)]

  1. No government at any level can raise money through issuance of debt.

[The central and state governments must be voluntarily funded and are limited to receiving donations. They cannot sell government bonds, even to willing buyers.]

  1. No government at any level can print or issue money or regulate any bank that does. The author adds, at page 53, that “Allowing government to control the money supply was one of the most dangerous mistakes” made by the Founding Fathers.

[The author presents a brief discussion of money and banking in the Free States of America. It would be interesting to know the author’s views on crypto-currencies and gold. She does note that private insurance of bank deposits would exist and that insurance companies would probably curb fractional reserve banking by charging higher rates to banks that engage in “high-risk” lending. (page 255)]

  1. There cannot be a national military, only state volunteer reserves and militias.

[The author notes the importance of individual weapon ownership in a free society (as the ultimate defense against tyrannical government). She also observes that individuals in a free society may own tanks, artillery, satellites, and heavy weaponry, but notes that private ownership of biological, nuclear, and chemical weapons has been constitutionally outlawed. See pages 91-92 for an elaboration.]

  1. No government at any level can fund, regulate, or provide education. Compulsory attendance laws are constitutionally forbidden (pages104-5).

[The author makes the point (several times) that education is too important to become the responsibility of government. One must ask: Is not the provision of law and order just as important as education, and if so, why should its provision devolve upon government?]

  1. No federal or state government employee may receive any compensation from public money

[Government employees are all volunteers. See the extended discussion, pages 64-66.]

  1. The federal government cannot make any additional laws restricting the freedom of individuals, businesses, or states other than already empowered in the Constitution. States may do so pursuant to their own constitutional restrictions.

[The author does not furnish drafts of the federal or state constitutions. It would have been helpful for her to have done so. She does refer to two provisions in all state constitutions: 1. No state may pass a new law unless it first gets rid of an old law; and 2. “Any representative, state or federal, who votes for passage of a bill that  is later judged to be unconstitutional will spend five years in jail and be fined a very large penalty.” (page 78)]

I urge readers of this review to read the book itself. The author has a wide understanding of free market economics and how individuals could live peacefully together in the absence of coercive government. For example, some of her astute observations are:

Page 82: “People are more trusting of each other …, and consequently happier” when they rely on themselves and voluntary arrangements and do not have an all-powerful government to solve their problems.

Page 176: Paying taxes makes people less generous in the long run.

Page 190: The best way to destroy something is to get government to pay for it.  [One must ask why this stricture should not be applied to government provision of law and order.]

Page 218: Government spending in one area crowds out private spending in the same area.  [One must ask why this insight does not apply to government provision of law and order.]

Page 250: Free markets are not perfect but other alternatives are usually worse.

Pages 279-280: Individuals who are free to live their lives without outside coercive interference exert a positive influence on others to live in liberty. The author refers to this as the cascading effect of freedom.

Page 282: Trade is the voluntary exchange of goods and services between individuals and trade is what is responsible for the success of the human race.

The author plainly states that the society she describes would still be an imperfect one. The individuals in such a society will still suffer from the same weaknesses that have visited mankind since the beginning of time: some people steal, murder, and physically harm others. (page 80) However, the people in such a society accept that freedom is their most important cultural value (page 174) and “believe that freedom from government control is prerequisite to every other good thing that [they] can achieve.” (page 99)  As the author writes, Freedom means that the inhabitants of her world “are free to go about the hard work of deciding for [themselves] how [they] can strive to lead virtuous lives.” (page 207) “In order [for them] to lead a good life [they] must have the freedom to choose between [the] good and the bad,”  and it is “the possibility of choosing badly [which] is what gives [their] good choices meaning.” (pages 203-4)

When it comes to the issue of taxation it is clear that the author understands that taxes are “morally wrong, unnecessary and certainly don’t help the poor.” (page 161)  Although this libertarian republic uses taxation on a local government level (though some localities rely on voluntary funding) the author still understands that it is wrong to force people to pay for law and order. “It’s not wrong to ask people to share the expense of law and order or helping the less fortunate, but it is wrong to force them to so. We pay for these things without coercion.” (page 130) Forcing others to pay would be wrong. “We can only control our own actions,” not that of others nor can we force them to contribute. Putting up with a few non-contributors is the cost of avoiding a coercive society. “[T]olerating a few freeloaders is a pretty low price for the freedom and prosperity that we enjoy.” (page 148) For more insight on the issue of voluntary taxation and the funding of coercive government see Issue 140 of THE VOLUNTARYIST, K.I.S.S.! – Anarchist or Minarchist? For more insight on the private provision of law and order see John Hasnas, “The Myth of Law and Order, Issue 123, and Hans Herman-Hoppe, “The Private Production of Defense,” Issue 120.

There are many other facets of this book which deserve attention, but there are also some omissions which ought to be mentioned. Just to list a few in both categories:

The author:

  1. describes how a widespread pandemic is handled in the absence of any coercive quarantine mechanism.
  2. briefly discusses how roads are privately owned and operated but fails to observe that automobile liability insurance could be made a contractual requirement for use of the roads.
  3. mentions various examples of how private insurance would be developed in a free society. For example, she discusses health status insurance, poor outcomes insurance, birth defect insurance, crime insurance, and fire insurance. See pages 122-124, and 133.
  4. discusses the benefits of an open immigration policy, although there is no mention of how people would be identified. Would there be birth certificates and identification papers issued by private organizations?
  5. fails to recognize that intellectual property should be owned and that data banks could exist which would pay royalties on such properties.
  6. discusses the role of arbitration agencies (page 87), but does not consider what would happen if large numbers of individuals patronized private defense services. Might competing, private insurance companies begin to provide the services offered by the local, state, and federal governments in the Free States? Would any of these ‘limited’ governments try to exert a territorial monopoly of control and outlaw the competition?
  7. does not provide an index, which would make it much easier to find discussions of specific topics, nor does she have any footnotes to support her interpretations of such historical events as Love Canal, the regulation of the meat-packing industry, and environmental concerns such as climate change.

As should be obvious, this volume presents plenty of food for thought. It ought to be fodder for anyone interested in voluntaryism. It would be an excellent addition to Jim Payne’s TAKE ME TO YOUR GOVERNMENT and his PRINCESS NAVINA VISITS VOLUNTARIA. This book is highly recommended and can be ordered from The Voluntaryists for $19 postpaid to US addresses. It is also available on amazon.com in a kindle version.

Poisoning the Public Mind: Why Real Dissent Must Be Silenced


by Carl Watner

Murray Rothbard (and others) have identified two crucial features of the state. It possesses a monopoly on protection services within a given geographic area, and it collects its revenues by threat of and use of violence against the people living in the region it controls. It cannot tolerate any serious question regarding the legitimacy of its revenue collection procedures since without the money to pay policeman and soldiers it could not exercise its threat of coercion.

So what is likely to happen to an outspoken leader of a movement to deny the State its tax revenues? The answer to this question can be found in the life and death of Irwin Schiff. Although he was not a voluntaryist, Schiff was still perceived as a direct threat to the government.  As his friend, Jim Davies, explained, Schiff began his crusade against the illegality of the personal income tax in the early 1970s. “He stumbled on the fact that filing a 1040 tax form amounted to a confession, and [he] recognized that confessions must not be forced” or made under threat of prosecution for perjury. Since such a “filing must be voluntary,” Schiff concluded that he could legitimately stop filing his personal income tax forms. “That came to the attention of a Hartford (CT) COURANT reporter, who wrote an article about him.” That led to a TV interview and eventually Schiff “found himself on national TV debating an IRS” official and winning. “From then on, the IRS had to stop him.”

By the time he died on October 16, 2015, Schiff’s “crusade to force the government to obey its own law earned him three prison sentences,” and an injunction against selling one of his books. (Peter Schiff) In 1981, he was finally convicted of willful failure to file tax returns for the years 1974 and 1975. He was sentenced to 6 months and fined $10,000. In late 1985, he was convicted again for not filing for the years 1980, 1981, and 1982. He received a six-year sentence and served three years. In June 2003, Judge Lloyd George issued an Order of Preliminary Injunction prohibiting Schiff and two of his associates from selling Schiff’s book, THE FEDERAL MAFIA: HOW THE GOVERNMENT ILLEGALLY IMPOSES AND UNLAWFULLY COLLECTS INCOME TAXES (1990). This was the last book that he had written. In it he revealed some of the many levels of deception that he found in the legislation allegedly authorizing the personal income tax. For example, Schiff held that there was no law that makes anyone liable to pay an income tax. The injunction was issued pursuant to 26USC7408 and the penalties found in Sections 6700 and 6701. (Hall 568) Strangely enough, the prohibition did not extend to other sellers of the book, nor did it prevent Schiff from giving his book away free on his website, paynoincometaxes.com (an offer which he promptly made).

Finally in October 2005, Judge Kent Dawson of the United States District Court in Nevada “found Schiff guilty of charges including conspiracy, tax evasion, and tax fraud.” (Hall 52, Note 7) The following February he was sentenced to 151 months of imprisonment and ordered to pay $4.2 million restitution to the IRS. He was also sentenced to 11 months for contempt of court by Dawson because of his continual attempts  – contrary to the judge’s instruction – to “cite the law,“ even though this was his only defense.

During his lifetime Schiff authored several other books, all with the same theme: The government of the United States over the course of the past two centuries has exceeded its constitutional limits. As his friend, Jim Davies, put it, Schiff “passionately desired a drastically smaller government,” but he never became a voluntaryist. Schiff believed that “some small level of [government] was necessary,” but he could never explain how or at what point a “big and evil” government would morph into a “smaller and good” one. His first book appeared in 1976, and was titled THE BIGGEST CON: HOW THE GOVERNMENT IS FLEECING YOU. It was followed in 1982  with a NEW YORK TIMES best-seller, ANYONE CAN STOP PAYING INCOME TAXES. Then in 1985, he published THE GREAT INCOME TAX HOAX: WHY YOU CAN IMMEDIATELY STOP PAYING THIS ILLEGALLY ENFORCED TAX. In THE FEDERAL MAFIA, which was originally written while he was in jail, he deliberately called all three branches of our government a criminal organization bent upon deceptively and fraudulently extorting money from its “taxpayers.” One can readily see why the government wanted to literally “shut him up” by confining his body in prison and  not allowing him to call into question the legitimacy of collecting the personal income tax.

Although some of Schiff’s supporters have called THE FEDERAL MAFIA a “banned book,” in truth it was not. A book is typically banned in two ways: first, by being censored prior to publication; and second, by criminalizing its sale and distribution. “Banning has three principal targets – sedition, heresy, and obscenity. That is to say, speech and writing that goes against the government, against established religion, and against sexual convention.” (Rembar xv) So if it is unconstitutional for Congress to pass a law that would violate freedom of the press or speech, then how could Schiff be prevented from selling his book? Judge George got around this by holding that “the First Amendment does not protect false commercial speech.” (Hall 572) This is also how the Securities and Exchange Commission can silence a swindler who makes false statements that assist him in selling stocks and bonds.

In Schiff’s case, the judge tried to prevent Schiff from “poisoning the minds of the people.” There was no way that the government could allow Schiff to refuse to pay his taxes, and get away with it. The Bolsheviks of the Russian Revolution were the first to use the term “poison” with regard to “contaminating” people’s minds. It was they who labeled the capitalist press “poisoners of the mind of the people.” (Reed 188) John Reed, in his book TEN DAYS THAT SHOOK THE WORLD, observed that the communists saw that the question of freedom of the press was related to private property: “Who owns the ink, paper, and printing presses?” they asked. “Trotsky argued that the monopoly of the press by the bourgeoisie must be abolished. Otherwise it isn’t worthwhile for us to take the  power. … If we are going to nationalize the banks, then how can we tolerate the financial journals?” (Reed 188 paraphrased)

Although it has not been thoroughly documented, Lenin is supposed to have delivered a speech in Moscow in 1920, in which he asked:

Why should freedom of speech and of the press be allowed? Why should a government which is doing what it believes to be right allow itself to be criticized? It would not allow opposition by lethal weapons. Ideas are much more fatal things than guns. Why should a man be allowed to buy a printing press and disseminate pernicious opinions calculated to embarrass the government?

In other words, why should any one be allowed to poison the minds of the pubic? Lenin’s point was that ideas are more dangerous to the government than actual weapons.  It is also the insight upon which all political control is based. As I wrote in Issue 25 of THE VOLUNTARYIST,

State hegemony and the ability to command obedience actually grow out of ideas. It is ideology, not force or its threat, which causes most people to obey. That is why governments are so concerned about the unrestricted exposure of their people to a wide variety of ideas, particularly to those ideas which question its legitimacy. It would be suicide for a State to stand idle while it was being criticized and its power base was being undercut. If the State is to remain in control, it can never reconcile itself to unrestrained freedom of the press. Whether the State is trying to retain its legitimacy or fight for its life, as in time of war, it must generally control what the people think.

In Irwin Schiff’s life and death we see the proof (if any was ever needed) that when a  government is threatened by what it deems “poisonous ideas,” it must inevitably persecute those who advocate them. Any other group of people would be content to a let a man be a fool, if that is really what they thought he was. Then the best thing for them to do would be to encourage him to advertise his foolishness by speaking and writing. But of course, the government is the government and its institutional instinct to survive must necessarily direct it to use violence to silence its critics.

References

Jim Davies, “The Schiff Trial,” www.takelife back.com/irwin/. (And many thanks to Jim for reviewing this article multiple times before publication.)

Jacqueline Hall, “United States v. Schiff, Commercial Speech – Regulation or Free Speech Infringement?” 36 SETON HALL LAW REVIEW (2006), pp. 551-589.

Dennis Hevesi, “Irwin Schiff, Fervent Opponent of Federal Income Taxes, Dies at 87,” http://nyti .ms/1M0PzAF.

John Reed, TEN DAYS THAT SHOOK THE WORLD, THE ILLUSTRATED EDITION with an Introduction by Harold Shukman, New York: St. Martin’s Press, 1997.

Charles Rembar, “Censorship in America: The Legal Picture,” in Anne Haight and Chandler Grannis, BANNED BOOKS, New York: R. R. Bowker Company, 1978.

“Irwin Schiff” entry in Wikipedia, the free encyclopedia.

Peter Schiff, “Death of a Patriot,” www.schiff radio.com/death-of-a-patriot, 10/17/2015.

“Why Should Any Man Be Allowed to Buy a Printing Press and Disseminate Pernicious Opinions?” http://quoteinvestigator.com/ 2011/03/02/lenin-free-press/.

 

Author’s Addendum:

The main thrust of this article showed how the government treated a vocal dissident and why. Although the government bureaucrats realized that Schiff posed a threat to their revenue collection, Schiff’s assertion that “there is no law” that authorizes the income tax really does not go to the heart of the matter. Schiff did not see taxation (in any form) as theft so long as it was sanctioned by the Constitution. The voluntaryist position is that no amount of constitutional approval can alter the fact that if it is wrong for A to steal from B, then it is still wrong for a large number of people to appoint C as their agent and then have C steal from B. Theft is theft regardless of the numbers of people that approve or participate in it. For more on this topic see www.voluntaryist.com/taxation.

On Bankruptcy and Voluntaryism: “The Wicked Borrow But Do Not Pay Back”


By Carl Watner

I honestly cannot remember what sparked my recent interest in bankruptcy, but as I began researching the topic from a voluntaryist perspective I realized that bankruptcy, at least as we know it today, would not exist in a state-free world. “Why not?” you might ask.

Because bankruptcy, as Lawrence White described it, is a statist, third party, intervention in the financial arrangements between debtor and creditor. Twenty-first century American bankruptcy is a system of government laws which provides for the coercive elimination of contractual obligations. Creditors are compelled to reduce their claims against their common debtor and to adjust those competing claims to the fund created by the liquidation of the debtor’s assets. The debtor, who cannot meet his current obligations, surrenders his property to a legal entity created by fiat, i.e., the bankrupt estate, which then becomes title-holder to the moneys resulting from the sale of that property. Those funds are then first distributed to satisfy any outstanding debts owed to the government and secured creditors, and then usually paid out proportionally by court-approved order among the other outstanding creditors. In contemporary bankruptcy proceedings, the unpaid obligations of the debtor are eliminated, and the debtor is relieved or discharged from all further responsibility of paying those debts. Under the United States federal constitution, all contracts are written with bankruptcy laws as an implicit clause. [1] Bankruptcy laws are part of the rules of the game, specifying the government’s interpretation of property rights between debtor and creditor. In short, bankruptcy is entirely statutory: there was never any provision for bankruptcy under the common law. [2]

Despite the fact that Psalm 37:21 describes the person who does not repay his debts as an evil person (“the wicked borrow and does not pay back“), ancient Jewish law provided for the abrogation of debts and slavery on a 49 or 50 year cycle known as the Jubilee Year.  In Deuteronomy 15:1-2 the frequency of these debt forgiveness periods was imposed every seven years. [3]  Babylonian kings, going as far back as Hammurabi “occasionally issued decrees for the cancellation of debts.” [4] The problems of debt and servitude were faced in ancient Athens, as well as in Rome. Debt forgiveness in ancient Greece was unknown until Solon revised the Draconian Code in 594 B.C. by which “in exchange for the legal discharge of his debts, the bankrupt was to forfeit Greek citizenship for himself and his heirs.” [5] In Rome, the debtor was often seized and both the debtor and his family were made slaves of the creditors. As was said of the Romans: “He who cannot pay with his purse pays with his skin.” [6] “The history of western law since the Roman era has” generally treated the debtor as a criminal, who stole the property of his creditor when he could not repay it as promised. [7] The origin of the word ‘bankrupt” has been traced to medieval Italy where the table or bench of a banker was publicly broken “in a symbolic show of failure,” otherwise known in Italian as banco rotto or broken bank or ‘busted’ banker. [8]

In England the debtor was regarded as a thief, although the Magna Carta signed by King John, in 1215, decreed that a man’s body could not be taken for failure to pay a debt. [9] However, soon thereafter, “imprisonment for debt was instituted during the reign of Henry III.” [10] The first English statute establishing bankruptcy was passed in 1542, but it applied only to traders and merchants. Creditors were required to initiate the declaration of bankruptcy. A delinquent debtor was normally imprisoned at the behest of his creditors, even though this restraint often restricted his ability to repay them. Imprisonment for debt generally failed to coerce debtors into paying. Finally in 1869, Parliament passed the Debtor’s Act which “limited the ability of the courts to sentence debtors to prison, but it did not entirely prohibit them from doing so.” [11] Creditors often resorted to other means of enforcing payment, such as executing mortgages, writing conditional sales contracts, issuing collateralized loans, garnishing wages, and executing writs of attachment by which to seize the debtor’s property.

In the United States, a bankruptcy clause was written into the federal Constitution of 1789, even though various colonies and states had  previously established their own systems of insolvency, stay or delayed payment, and bankruptcy law. When the first official federal bankruptcy law was written in 1800, there was some discussion about whether the legislature had the right to interfere between a debtor and creditor, “in respect to transactions which took place before the passage of” such a law. Would it not “partake in the nature of an expost facto law, which is prohibited by the Constitution?”  [12] The bankruptcy law of 1800 was repealed in 1803. Subsequent legislation has been passed and revised numerous times, until today “billions of dollars of debt are discharged annually, releasing” millions of  households and businesses from their legal financial obligations. [13]

Historically, there have been several different systems of settling debts when the debtor had insufficient assets to satisfy all the claims against him. Under ancient Jewish law “nearly all creditors were paid in the order of time in which their claims were created. … In the [old] Germanic system, creditors were ranked according to the time in which their executions were levied  … .” In [early] France “the creditors were satisfied in the order of the date the debts were contracted.” ]14] In England, at least until the time of the first bankruptcy laws, “the first creditor to get wind of trouble and take legal action under the common law” received payment, while less diligent creditors “were left with a large bad debt loss.” [15] Thus, depending on the time and place where a creditor lived, the satisfaction of an unpaid debt could depend upon one of two interpretations of the priority principle. Priority could either be based on (1) the date on which the debt was contracted; or (2) the date on which an attachment or execution of property was made.

A few libertarian writers, most notably Lysander Spooner, in the mid-19th century, and Murray Rothbard and Lawrence White, in the late 20th century, have dealt with the subject of bankruptcy. Spooner devoted the whole of his book, POVERTY: ITS ILLEGAL CAUSES AND LEGAL CURE (1846), to elaborating his ideas about the nature of credit and debt repayment. He returned to that topic without having changed his mind, forty years later in his A LETTER TO GROVER CLEVELAND. [16]  Spooner believed that “a debt should be a lien upon the property that a man has before, and when the debt becomes due; and not upon his earnings after the debt is due. If, therefore, a man be able to pay a debt when it becomes due, he should pay it in full; if unable to pay it in full, he should pay to the extent of his ability; and that payment should be the end of that transaction. The debt should be no lien upon his future acquisitions.” [17]

Murray Rothbard, on the other hand, believed that “The prime consideration in the treatment of the debtor would be his continuing and primary responsibility to redeem the property of the creditor. The only way” which the debt obligation “could be eliminated would be for the debtor and creditor to agree, as part of the original contract, that if the debtor makes certain investments and fails to have the property at the date due, the creditor will forgive the debt; … .” [18] According to Rothbard, bankruptcy laws violate the ownership rights of the creditor.  If voluntary forgiveness is not included in the original loan agreement, then forgiveness might be granted  after a default occurs. If a creditor decides to forget about the debt he in effect grants a gift of his property to the debtor. [19]

Writing after Spooner and Rothbard, Larry White summarized how those in a state-free society might deal with the problem, “which bankruptcy attempts to deal with, namely, the inability [of an individual] to repay contracted debts.”

According to the title-transfer view of a loan contract [which White and Rothbard endorse], the creditor first transfers title to his money (in the amount of the loan) to the debtor. At a contractually agreed-upon later date (or dates, if repayment is in installments), the creditor gains title to the debtor’s money in the agreed amount (loan plus interest and other charges). The debtor who fails to honor fully the creditor’s claim is at that point in illegitimate possession of the creditor’s property. The creditor’s claim is part of his [the creditor‘s] property and is not, unless the loan contract so stipulates, contingent upon the ability of debtor to pay at that time. The creditor has a right to payment which is not eliminated by any fact of adverse circumstances surrounding the debtor. Only forgiveness of the debt can eliminate the creditor’s unsettled claim by transferring title to the debtor.

There is therefore no warrant for the legal discharge of debtors from the payment of their debts for as long as they continue to live or their estates continue to exist. To put it another way, the debtor is not entitled to the legal elimination of his debt. On the contrary, the creditor is entitled to (properly has a lien against) the future earnings of the insolvent debtor. Thus the feature of contemporary bankruptcy law which most differentiates it from … [that] which would prevail in an unhampered market system is its provision for the extra-contractual dissolution of debts. [20]

White’s discussion highlights the differences between Spooner and Rothbard, and also raises the question as to how a contract of debt is to be interpreted in the absence of explicit provisions regarding failure to pay the debt when due. Should it be assumed that a debtor’s obligation ends at the time the debt is due or should the debtor be held perpetually liable (until such time as he dies or his estate is settled)? Is a debt a personal obligation that attaches to the body of the debtor, or is a debt a mortgage upon certain property? What becomes of such a mortgage if that property no longer exists?

Spooner answered this last question by arguing that a contract of debt was a bailment and that the debt should be extinguished if the property entrusted to the debtor no longer existed. Under the common law a bailment is the delivery or surrender of goods “in trust for a specified purpose.“ [21] Thus, Spooner held that since the creditor was entrusting his property to the debtor (for a certain length of time) a bailment was created. Under the accepted law of bailment, so long as the debtor or bailee (the person to whom the property was entrusted) did nothing fraudulent or contrary to the contract of bailment, his responsibility ended if he were not able to return the property when promised. In his book, POVERTY, from which I have previously quoted, Spooner devoted two whole chapters to “The Legal Nature of Debt.” It is difficult to compress his argument in a few lines, but it can be summed up by quoting a few brief comments:

If debt be but a bailment, the value bailed is at the risk of the owner, (that is, of the creditor) from the time he buys and pays for it, and leaves it in the hands of the seller, or debtor, until the time agreed on for delivery to himself. If  it be lost during this time, without any fault or culpable neglect on the part of the bailee, or debtor, the loss falls on the owner, or creditor. All the obligations of the … debtor are fulfilled, when he has used such care and diligence, in the preservation of the value bailed, as the law requires of other bailees, and has delivered to the creditor … at the time agreed upon the value bailed, or such part thereof, if any, as may then be remaining in his hands.

If such be not the natural limit to the obligation of the contract of debt, then there is no natural limit to it in any case, short of the absolute delivery of the amount mentioned; a limit, that requires a debtor to make good any loss that may befall the property of the creditor in his hands, … .

If such be not the natural limit to the legal obligation of debt – that is, if debts be naturally binding beyond the debtor’s means of payment when the debt becomes due, then all insolvent and bankrupt laws are palpable violations of the true and natural obligation of debts, and, consequently, of the rights of creditors; … .

On the other hand, if such be the natural limit to the legal obligation of debt, then we have no need of insolvent or bankrupt laws at all, for every contract of debt involves, within itself, the only honest bankrupt law, that the case admits of. [22]

Rothbard dismissed the idea of debt as a bailment, but never elaborated why he thought Spooner‘s interpretation was wrong. Rothbard simply asserted that creditors should “have a lien on the debtor’s future assets if the [debtor] had no money to pay at the time of default.” [23] However, neither Rothbard nor White explained why this should be the case. Spooner’s position has a certain degree of elegance and simplicity because it eliminates the need for externally-imposed Jubilee Years or other forms of debt abrogation. The Rothbard-White position has no way of eliminating perpetual debt slavery (other than by relying on the voluntary forgiveness of  creditors). Spooner makes an interesting aside, noting that a creditor who has been so negligent as to entrust his property to an incompetent – but non-fraudulent – debtor, should shoulder responsibility for his own poor judgment. If the debtor (through no fault of his own) can’t repay the debt then the creditor should bear the loss, rather than impose it upon the defaulting debtor. [24]

The answer to the problem of debt repayment in a free society is not “neither a lender nor a borrower be,” because sometimes the extension of credit is necessary to achieve one’s goals in life. However, voluntaryist thinking is in line with the efforts of Robert LeFevre, who once declared personal bankruptcy, but then proceeded later in life to repay or compromise with his creditors. The discharge of liabilities enacted by the state does not relieve the responsible individual of his moral duty to repay what he owes, even if there is no legal obligation to do so. [25] This outlook was described by H. L. Mencken in his book, HAPPY DAYS 1880-1892. Mencken’s father, August, had a unique outlook on lending and borrowing.

[H]e never borrowed a nickel. Indeed, he regarded all borrowing as somehow shameful, and looked confidently for the bankruptcy and probable jailing of any business man who practiced it regularly. His moral system, as I try to piece it together after so many years, seems to have been predominantly Chinese. All mankind, in his sight, was divided into two great races; those who paid their bills, and those who didn’t. The former were virtuous despite any evidence that could be adduced to the contrary; the latter were unanimously and incurably scoundrels. [26]

That pretty much sums up the voluntaryist position. Before you borrow, try to establish what your liability might be, if any, in the event of an unforeseen default. If you borrow money, try to be in a position to pay it back. If you can’t, seek forgiveness from your lender or make arrangements to pay it back little by little. The man of integrity attempts to pay his bills, even if late, because he is a man of his word.

 

End Notes

[1] Ian Domowitz and Elie Tamer, TWO HUNDRED YEARS OF BANKRUPTCY: A TALE OF LEGISLATION AND ECONOMIC FLUCTUATIONS, Evanston: Institute for Policy Research, Northwestern University (July 1997), p. 1.

[2] Lawrence H. White, “Bankruptcy As an Economic Intervention,” 1 JOURNAL OF LIBERTARIAN STUDIES (1977), pp. 281-288 at p. 281. Also see Philip Schuchman, “An Attempt at a ‘Philosophy of Bankruptcy’.” 21 UCLA LAW REVIEW (1973), pp. 403-476 at pp. 419-420.

[3] Larry Burkett, BUSINESS BY THE BOOK, Nashville: Thomas Nelson Publishers (1990), pp. 158-159.  Also see “A Brief History of Bankruptcy,” at www.bankruptcydata.com/Ch11History.htm.

[4] “Jubliee (biblical),” at https://en.wikipedia.org/ wiki/Jubilee_(biblical).

[5] White, op. cit., p. 281

[6] Louis Edward Levinthal, “The Early History of Bankruptcy Law,”  66 U. Pa. L. Rev. (1918), pp. 223-250 at p. 231.

[7] Schuchman, op. cit. p. 455.

[8] “A Brief History of Bankruptcy,” op. cit. in End Note 3.

[9] Hugh Barty-King, THE WORST POVERTY: A HISTORY OF DEBT AND DEBTORS, Wolfeboro Falls: Alan Sutton (1991), p. 3.

[10] White, op. cit., p. 281.

[11] “Debtors‘ prison,” at https://en.wikipedia.org/ wiki/Debtors%27_prison.

[12] Charles Warren, BANKRUPTCY IN UNITED STATES HISTORY, Cambridge: Harvard University Press, 1935, p. 14.

[13] Domowity and Tamer, op. cit., p 1.

[14] Levinthal, op. cit., pp. 233 and 244-245.

[15] Alexander J. Field, “Bankruptcy, Debt, and the Macroeconomy: 1919-1946, 20 RESEARCH IN ECONOMIC HISTORY (2001), pp. 99-133 at p. 101.

[16] Lysander Spooner, A LETTER TO GROVER CLEVELAND, Boston: Benj. R. Tucker (1886). See Section XIX, p. 62.

[17] Lysander Spooner, POVERTY: ITS ILLEGAL CAUSES AND LEGAL CURE, Boston: Bela Marsh, 1846, pp. 17-18.

[18] Murray N. Rothbard, MAN, ECONOMY, AND STATE, D. Van Nostrand Company, Inc.: New York, 1962, p. 155.

[19] ibid. Also see Murray N. Rothbard, THE ETHICS OF LIBERTY, Atlantic Highlands: Humanities Press, 1982, Chapter 19, “Property Rights and the Theory of Contracts,” p. 143.

[20] White, op. cit., p. 283.

[21] “bail,” Lesley Brown (ed.), THE NEW SHORTER OXFORD ENGLISH DICTIONARY, Oxford: Clarendon Press, 1993, p. 170.

[22] Spooner, POVERTY, op. cit., pp. 72-73.

[23] Rothbard, THE ETHICS OF LIBERTY, op. cit., p. 147, Footnote 19, Paragraph 3.

[24] Spooner, POVERTY, op. cit., p. 72, first footnote.

[25] Larry Burkett distinguishes between the Biblical principles of a) “Don’t borrow needlessly;” b) Don’t sign surety;” and c) Don’t take on long-term debt” and the scriptural commandment: “Repay what you owe. There is no option for the Christian when it comes to repaying a debt. … [T]he Scripture is very clear when it equates the breaking of a promise (vow) with sinning.” Burkett, op. cit., p. 158.

[26] H. L. Mencken, HAPPY DAYS 1880-1892, New York: Alfred A. Knopf, 1968, p. 251.

Slavery, One Day at a Time: Jury Duty and Voluntaryism


By Carl Watner

Introduction

After being summoned for jury service in January 2016, I became interested in the origin and history of compulsory jury duty. How long had this practice existed? Where did the idea originate that one could be compelled to be a juror? What I discovered is that historians do not have a hard and fast answer to these questions. Some of them identify jury service as an ancient practice, going back at least 1,000 years to the Germanic-Frankish tribes of Europe. Others see it beginning in England, where the jury appears to have begun as a royal institution imposed by the Norman conquerors beginning in 1066. Officers of the early English kings conducted inquests in which local residents were required to participate. It is clear, however, that “the entire system depended upon coercion.” Jurors in medieval England were never volunteers. “They were compelled to appear, compelled to swear, and compelled to remain until their duty was done.” [1] The violence and threats exercised upon them still manifest themselves in the 21st Century United States under the guise of compulsory jury service. But even more than that, I came to the realization that the entire American judicial system, including the jury, is based on coercion. All the salaries of personnel (judges, clerks, jurors, marshals, police, maintenance men, etc.) are paid for by taxes; all the resources they use are funded by taxes; jurors are ordered under threat of fine or prison, or both to appear when summoned. Jurors are compelled under threat of contempt to reveal their personal lives and biases in the event that a defense or plaintiff attorney may want to exclude them from serving. In sum, the whole system is fraught with coercion from beginning to end.

Furthermore, just like the present-day democratic state’s electoral system, the jury system was crafted to capture the participation of subjects in a way that made them think they were honorably and legitimately serving both their community and their king. This both softened and legitimized the coercive aspects of jury duty. Just like the electoral system of today, the jury system historically involved local people in the decision-making processes. The early English kings lacked the resources to create a body of paid officials capable of reaching and enforcing judicial decisions. Consequently, they “cultivated the goodwill and support of their subjects” by relying upon local juries. “By giving jurors a stake in how the verdict was reached,” it “gave them a stake in seeing that the verdict stuck” when the king’s judges left their shire. [2]

Even though their participation was required, the medieval Englishmen had a great faith “in the ability of jurors to reach fair decisions.” [3] The jury system was extremely popular: it was considered the voice of the local community speaking the truth. However, the king and his officials also had a vested interest in creating such a community sentiment. The jury system “effectively married the widespread popular belief that juries were fair and reliable, with the interest of kings and royal administrators … . The jury system worked because it was seen as a legitimate exercise of royal authority; its success depended on the willingness of people – lots of people”: peasants, landowners, and knights – “to cooperate with the king’s demand for service.” [4] Once again, the legitimacy of the decisionmaking process rose to the fore. Goodwill and support had to be earned. The jury system made this possible.

Historical Overview

Historians are not agreed upon the actual origin of the jury, shrouded as it is in the mists of ages gone by. Prior to the Norman invasion of Britain, what is now called the jury may have originally consisted of gatherings of local folks (hence the term ‘folk law’) to resolve disputes among their neighbors. What we now refer to as the common law was a description of the customary ways that governed how community members and neighbors spontaneously and voluntarily adjusted their differences and settled disputes. [5] After the defeat of the British tribes, William the Conqueror and his successors began empanelling inquests in order to regulate and adjust the customary rights of the people, the church, and the Crown. One may conclude that some mix of these two possible origins is the best answer of where and how the jury originated.

Frederick Pollock and Frederic Maitland, wellrespected 19th Century legal historians, described the jury “as a body of neighbors summoned by a public officer to answer questions upon oath.” They trace its origin back to the ninth century. “In 829AD the Emperor Louis the Pious, successor of Charlemagne, directed that thereafter royal rights should be ascertained not by witnesses produced by the parties interested but by the sworn statement of the best and most credible persons in the locality. At that time the rights of the crown rested in custom” and that custom was “to be declared by twelve neighbors upon their oath.” [6] Pollock and Maitland, and another 19th Century German historian, Heinrich Brunner realized the jury was “intimately connected with royal power.” [7] As Brunner saw it, “the jury as it entered English law was in all essential respects a royal institution. The [jury] did not grow up from village assemblies but down from the power of the crown.” [8]

Other historians trace the jury back to the inquests of the medieval English kings. “[T]he inquest was one of the principal means by which the monarchy developed a centralized government in England.” It was typically initiated by “some official on the authority of the crown” who called together a group of men from the same locality “to reply under oath to any inquiries that might be addressed to them.” The inquest was considered to be the representative verdict of the neighborhood with regards to land ownership, feudal obligations, and any other disputed question of local fact. As Leonard Levy concluded in his book, THE PALLADIUM OF JUSTICE: ORIGINS OF TRIAL BY JURY: “What was once only an administrative inquiry became the foundation of the jury of accusation and the jury of trial in both civil and criminal matters.” [9]

Harold Berman in his book, LAW AND REVOLUTION, connects the origin of the inquest to the Frankish emperors and kings of the eighth century. From that time on, itinerant royal administrators summoned neighbors to answer questions of local import. Among the prerogative rights preserved by the Frankish kings after the fall of Rome was the imperial inquest system, which operated on the principle that whatever information was needed to maintain a strong and efficient government must be given under oath to royal agents.” [10] The Normans took over this practice from the Franks. Berman refers to the mammoth inquest undertaken by William I after he conquered England. This was conducted neighborhood by neighborhood, and required public disclosure of all landholdings and tax assessments, the whole census being recorded as the Domesday Book (1085-1086). Berman also comments that other customary tribal practices influenced the development of trial by jury. “Apart from the Frankish and Norman sworn inquest conducted by royal officials, the occasional practice of submitting disputes to a group of neighbors for decision was also a feature of Germanic local law. In addition, church courts in the twelfth century occasionally put questions of guilt or innocence to groups of twelve; and Henry II’s father, Geoffrey of Anjou, made trial inquest available for important civil cases in Anjou and Normandy. The idea of summoning a group of people – twelve was considered an appropriate number and perhaps even a magic number – to give information under oath in a solemn proceeding, and even to give judgment in a case, was by no means new (though it was not widely practiced) when Henry came to the English throne” in 1154. Berman observes that the idea of the royal inquest “was to compel people to inform on one another.” [11]

Another historian, D. A. Crowley, connects the compulsion we find in current day jury duty to the frankpledge and tithing groups. According to the author of “Frankpledge” in Wikipedia, “Frankpledge … was a system of joint suretyship common in England throughout the Early Middle Ages.” Crowley points out that “King Cnut [995-1035] made tithing membership compulsory for every free man [in England] over twelve and adequate surety compulsory for all men. … The system envisaged … was one in which membership was required of all males over twelve whose status in society was not sufficient surety for their good behavior.” “The essential characteristic was the compulsory sharing of responsibility among persons connected through kinship, or some other kind of tie such as an oath of fealty to a lord or knight.” [12] These men were joined together in groups of approximately ten households, which were then called tithings. The function of the tithing was threefold: 1) it served as a pledge for the appearance of its members in court; 2) the tithing had to pursue and capture thieves; 3) lastly the tithing had court duties, such as paying fines of its members and producing evidence. The chief pledge or tithing-man, was responsible for producing any man belonging to his tithing that was suspected of a crime. “If the man did not appear, the entire group could be fined.” [13] By “the twelfth and early thirteenth centuries, English kings had developed a system of governance based on frankpledge and the inquest that required individuals and communities to provide unpaid service for the operation of the royal courts, administration, and army.” For example, “landowners [and knights] were obliged to serve on juries and hold judicial offices” such as sheriff and bailiff. [14] Fines and penalties, known as amercements, were imposed on those who refused to serve, and on others who refused to appear as jurors.

Thus it is possible to say that when the frankpledge group and the royal inquest of medieval England met each other, their combination and interaction spawned the modern-day jury. James Masschaele in his book, JURY, STATE, AND SOCIETY IN MEDIEVAL ENGLAND notes that juries “were a core part of the process of state formation. In medieval England, as in most of Europe, the power of the state was” largely felt “through the operation of the courts … . Jury service constituted one of the state’s biggest demands and one of the most intense forms of local involvement with the state.” [15]

Palladium of Liberty or Tool of the State?

Historians, for the most part, have been oblivious to the coercion that is inherent in the judicial system and jury. They have called the jury the palladium of liberty, ignoring the fact that jurors were under compulsion to serve. To the best of my knowledge, the first libertarian to identify the coercive feature of jury duty was Murray Rothbard. In his book, FOR A NEW LIBERTY, he wrote “There is little difference in kind, though obviously a great difference in degree, between compulsory jury duty and conscription; both are enslavement, both compel the individual to perform tasks on the State’s behalf and at the State’s bidding. And both are a function of pay at slave wages.” [16] Referring to military service, but equally applicable to jury duty, Milton Friedman described these types of conscription as “a tax in kind – forced labor from” people “who serve involuntarily.” [17]

Nevertheless, the justices of the Supreme Court of the United States have held to the contrary. They have refused to classify jury service and military conscription as forms of slavery, which if such were the case would make them subject to the Thirteenth Amendment, which prohibits all forms of involuntary servitude except as punishment for crimes committed. In the case of Butler v Perry (240 US 328) decided in 1916, a majority of the justices recognized that “tenants in Anglo-Saxon England had a threefold obligation …: the so-called ‘common burdens’ of military service, fortress work, and bridge repair.” [18] “Ancient usage and unanimity of judicial opinion justify the conclusion that, unless restrained by constitutional limitations, a state has inherent power to require every able-bodied man within its jurisdiction to labor for a reasonable period on public roads near his residence without direct compensation.” This “does not amount to imposition of involuntary servitude … nor does the enforcement of such a requirement deprive persons of their liberty and property without due process of law in violation of the Fourteenth Amendment.” The Court held that the Thirteenth Amendment “introduced no novel doctrine with respect to services always treated as exceptional, and certainly was not intended to interdict enforcement of those duties which individuals owe to the state, such as services in the army, militia, on the jury, etc. The great purpose in view was liberty under the protection of effective government, not the destruction of the latter by depriving it of essential powers.” [19]

On Being a Good Neighbor

So given the voluntaryist objection to compulsion, what obligation, if any, does the citizen have to his neighbors and community? If two of my neighbors are having an argument do they have the right to compel or conscript me into becoming their arbitrator and force me to decide on the merits of their disagreement? If they are having an argument, do they have the right to compel me to testify? I think it is safe to say from this perspective, that my neighbors do not have the right to force me to attend to their dispute. Who would want an arbitrator that had to be coerced into making a decision? What kind of decision could be expected from such a person? Wouldn’t he be biased against both their positions, if for no other reason than that they forced him to be involved?

On the other hand, though, is there not something to be said for being a good neighbor? Do we find these kinds of enforced obligations in customary and non-state societies? Apparently so. Michael van Notten, author of THE LAW OF THE SOMALIS, noted that “landowners have certain obligations to the clan, in particular to help defend the clan’s territory against bandits and raids from neighboring clans. They are also supposed to work on the communal lands and wells, practice charity, engage in guus [cooperate in making improvements that would be beneficial to the community], assist in providing justice, etc.” Similarly, “most families have a welfare fund into which all individual members are required to contribute. … An individual unwilling to do so is always free to leave and set up on his own somewhere else. But he cannot stay in the extended family, enjoy all the protection it offers, and refuse to make a contribution. If he doesn’t do so voluntarily, family members are entitled to go to court and compel him.” [20]

Moreover, “Somalis are not free to decide whether or not to insure themselves;” their customary law obliges them to do so. “A family is free to terminate its insurance of a member who repeatedly violates the law. … When this happens, the person becomes an outlaw and must leave the jilib [the family’s surety group] … .” This inevitably means he must leave his clan’s territory. Since he is no longer insured by the family he cannot expect the benefits derived from being part of the family and clan. Every Somali is free to leave his clan, so long as he is willing to bear the consequences. There is no power to stop a clansman from leaving his judicial unit, the jilib. However if a Somali were to leave his clan group, he would forfeit whatever protection it offered, and he would be on his own with no protection from bandits, accidents, or catastrophes. Such a person “could be killed on sight by anyone, with impunity,” since he would have no family or surety group to protect him. [21]

It is evident that in non-state societies most people would generally be eager to belong to a surety group or protection agency that would look out for their best interests. In return there would be certain obligations they would have to meet. They might have to perform certain types of community service or pay a monetary fee to be protected. However, they would not be forced to do so. How would this play out in our modern day society? No one can know for sure, but dissidents and refuseniks would probably be restricted in their interactions with those who were insured. Conscientious objectors would have their rights respected, but they would also have to suffer the consequences of ‘going it alone.’

Looking at it from this point of view, our political governments have taken the activity of helping others resolve their disputes peacefully and turned it into an institution which people are forced to support. They are forced to serve as jurors or witnesses; they are forced to contribute to the salaries and upkeep of the people and resources used to operate such a system. As in most other similar situations, the voluntaryist does not object to the resolution or mediation of disputes. What the voluntaryist objects to is the use of coercion to support such activities. The voluntaryist opposes government jury service not because he objects to being a juror but because he opposes being a government juror. The voluntaryist objects to all political government, including that government’s involvement in judicial activities. The voluntaryist objects to the coercion that sustains the entire judicial system; not the social institutions that would evolve in the absence of the state to settle legal issues. [22]

Voluntaryists realize that the jury is a government institution that probably evolved out of tribal custom and the inquests of the Norman conquerors of England. The jury was used to obtain people’s support for their government. Today some libertarians urge jury participation as a means of combating bad laws. Based on legal precedents not discussed in this paper, the Fully Informed Jury Association encourages jurors to decide the law according to what they think is right. A wellknown advocate of jury nullification claims that “a citizen … conscripted into serving his government, should be entitled to make the presumption that his government would not require him to participate in an injustice.” [23] However, this view is wrong. The citizen is already being required to participate in what is essentially a coercive judicial institution. Voluntaryists cannot recommend such participation, but they do recognize the value of volunteering to help judge a case when their community and neighbors may benefit from it. Government conscription of jurors is already an injustice. It is impossible in the nature of things for an injustice to result in justice. Compulsory jury service, no matter how long it lasts – whether one day at a time or one trial at a time – is still slavery, even if it would seem to negate or mitigate the disastrous results of government law.

End Notes
[1] David J. Seipp, “Jurors, Evidences, and the Tempest of 1499,” in John W. Cairns and Grant McLeod (editors), “THE DEAREST BIRTH RIGHT OF THE PEOPLE OF ENGLAND” THE JURY IN THE HISTORY OF THE COMMON LAW, Oxford: Hart Publishing, 2002, pp. 75-92 at p. 79.
[2] James Masschaele, JURY, STATE, AND SOCIETY IN MEDIEVAL ENGLAND, New York: Palgrave Macmillan, 2008, p. 66.
[3] ibid., p. 118.
[4] ibid., p. 205-208.
[5] Spencer Heath, “Origin of the Jury from Earliest Times,” Item 621 in the Spencer Heath Archive. Random taping by Spencer MacCallum from conversation with Heath, November 10, 1955.
[6] “Jury,” Volume 8 ENCYCLOPAEDIA OF THE SOCIAL SCIENCES, New York: The Macmillan Company, 1959, pp. 492-493.
[7] Sir Frederick Pollock and Frederic William Maitland, THE HISTORY OF THE ENGLISH LAW, Volume I, Second Edition, Cambridge: At the University Press, 1968, p. 140. The First Edition appeared in 1895.
[8] Lloyd E. Moore, THE JURY: TOOL OF KINGS – PALLADIUM OF LIBERTY, Cincinnati: Anderson Publishing Co., Second Edition, 1988, p. 19. The First Edition appeared in 1973.
[9] Leonard W. Levy, THE PALLADIUM OF JUSTICE: ORIGINS OF TRIAL BY JURY, Chicago: Ivan R. Dee, 1999, pp. 7-9. [10] Bryce Lyon, A CONSITUTIONAL AND LEGAL HISTORY OF MEDIEVAL ENGLAND, New York: W. W. Norton, 1980, Second Edition, p. 183.
[11] Harold J. Berman, LAW AND REVOLUTION, Cambridge: Harvard University Press, 1983, pp. 448-449 and p. 451.
[12] “Frankpledge,” from Wikipedia, the free encyclopedia. See www.en/wikipedia.org/Frankpledge, and D. A. Crowley, “The Later History of Frankpledge,” 48 BULLETIN OF THE INSTITUTE OF HISTORICAL RESEARCH (May 1975), pp. 1-15 at p. 1.
[13] “Frankpledge,” from Wikipedia, and Lyon, op. cit., pp. 196-197. Also see William Alfred Morris, THE FRANKPLEDGE SYSTEM, New York: Longmans, Green, and Co., 1910, p. 11 and 37.
[14] Scott L. Waugh, “Reluctant Knights and Jurors: Respites, Exemptions, and Public Obligations in the Reign of Henry II,” 58 SPECULUM (October 1983), pp. 937-986 at p. 962.
[15] Masschaele, op. cit., p. 6.
[16] Murray Rothbard, FOR A NEW LIBERTY, New York: The Macmillan Company, 1973, p. 99. This quote appears in Chapter 5, “Involuntary Servitude,” in the section headlined “The Courts.” Another earlier libertarian, Benjamin Tucker noted in his book, INSTEAD OF A BOOK, reprinted New York: Haskell House Publishers, 1969 : “Jury service (ought) not to be compulsory, though it may rightfully be made, if it should seem best, a condition of membership in a voluntary (judicial) association.” His comments originally appeared in LIBERTY, Issue 68, October 24, 1885, p. 4.
[17] Milton Friedman being quoted by James A. Dorn, “Abolish Jury ‘Draft’,” Printed from Cato.org. Dorn’s article first appeared in the BALTIMORE EXAMINER, July 24, 2006.
[18] “Fyrd” from Wikipedia, the free encyclopedia. See the following explanation from www.en.wikipedia.org/wiki/Fyrd. “The Germanic tribes who invaded Britain in the fifth and sixth centuries relied upon the unarmored infantry supplied by their tribal levy or fyrd … . The fyrd was a local militia in the Anglo-Saxon shire, in which all free men had to serve. Those who refused military service were subject to fines or loss of their land.”
[19] Butler v. Perry, 240 U.S. 328 (1916), pp. 328 and 333.
[20] Michael van Notten, THE LAW OF THE SOMALIS, Trenton: The Red Sea Press, Inc. 2005, pp. 53 and 77-78.
[21] ibid. p. 40. Thanks to Spencer MacCallum for his comments relating to this paragraph.
[22] For more on the importance of the common or customary law see the various authors quoted by Carl Watner, “What Came First – the Chicken or the State?” THE VOLUNTARYIST, Whole Number 151, 4th Quarter 2011. Also see Rothbard, op. cit., on “Police Protection,” in Chapter 11, “The Public Sector III: Police. Law, and the Courts.” On the ancient institution of arbitration see Carl Watner, “Stateless, Not Lawless”: Voluntaryism and Arbitration,” THE VOLUNTARYIST, Whole Number 84, February 1997.
[23] Clay S. Conrad, JURY NULLIFICATION, Durham: Carolina Academic Press, 1998, p. 257. Thanks to Dave Scotese for his comments relating to this paragraph.

How an Airborne Ranger Became a Voluntaryist


By Elijah J. Henry

The Definition of Voluntaryism, and How I Align With It

According to voluntaryist.com, “If you believe – that the initiation of force is wrong; that the institution of government relies on initiatory violence against peaceful people; and that taxation is stealing – then you meet the basic definition of being a voluntaryist.” That’s me: I concur on all three points. It continues, “Voluntaryists are advocates of non-political, non-violent strategies to achieve a free society. ” That’s also me; specifically, I favor agorism. Then it reads, “We reject electoral politics, in theory and in practice, as incompatible with libertarian principles. Governments must cloak their actions in an aura of moral legitimacy in order to sustain their power, and political methods invariably strengthen that legitimacy.”  I understand this to mean, ‘don’t vote or support bills that promote freedom.’ Here I diverge somewhat. Does it legitimize the criminal gang in my neighborhood to discourage its leaders from engaging in criminal activity, or if there are rival gangs to encourage one of them to make things difficult for the other? No. I will support any proposition that results in a net gain of freedom. I don’t believe it’s an all or nothing proposition. The definition continues, “Voluntaryists seek instead to delegitimize the State through education.” I’m all for that as well. Many people assume that the State is necessary for provision of services that could be provided better, more cheaply, and more efficiently by the voluntary actions of the free market: education is the natural remedy for this ignorance. In conclusion, I generally identify with the definition of a voluntaryist, except that I stop short of total abstention, believing that as long as the state exists it’s better to make it smaller and make freedom bigger, than to pretend and wish it didn’t exist at all.

How does Voluntaryism differ from run-of-the-mill libertarianism? In brief, a voluntaryist is more ideologically consistent, taking the principles of libertarianism further than most libertarians do. Libertarians often aren’t even minarchists. Some advocate a universal basic income, just because it would make for a simpler bureaucracy, even though it would certainly expand the role of government in the lives of many people. I believe we shouldn’t have government at all. However, since it exists, I believe there are responsible actions to be taken in regards to government, beyond non-participation in electoral politics.

 

Family Background, and Their Opinion On My Views

My earliest exposure to libertarian thought was the op-eds in the BACKWOODS HOME MAGAZINE anthologies gracing our bookshelves. I don’t think my parents read those much, but I believe they shaped my views for years to come. Even though I was seven years old at the time, I knew common sense when I saw it.

I grew up in a conservative Christian household, with parents voting Republican, Dad serving in the Army for a few years, kids bouncing back and forth between home school, public school, and a local Christian academy. We held a firm belief that government was handed down by God, that it was an institution to be obeyed as from God except in those matters that clearly contradicted Scriptural duties. My parents taught us the Bible, first and foremost, as well as how to think and apply logical conclusions to our lives. Having learned how to think, our logical conclusions sometimes outpaced their comfort levels. For example, I concluded as a teenager that if the American Revolution were a just response to the tyranny of King George and Parliament, then another armed revolution would likewise be an appropriate response to the tyranny found in the modern United States. As you can imagine, this alarmed my parents greatly.

To me, the difference between agorism and voluntaryism is voluntaryism focuses on non-participation in government, while agorism focuses on free market replacement of government. As my political views have evolved toward agorism and voluntaryism, I haven’t always discussed the evolving nuances of my belief system with my family. I’m not sure what they think about it. They live 500 miles away, and we all have busy lives and other things to talk about when we talk. Generally, the important thing to my parents is that my belief be based in the Bible, and of course not be heresy (contrary to the clear teaching of Scripture). One of my brothers thinks an independent arbitration system with a separate militia system (one arrangement I favor in place of the state) would constitute a government, so his difference of opinion seems to be mainly semantic.

 

Educational and Vocational History

I took a class in American Government at Carroll County Christian Academy, learning enough about our civic institutions that in a similar class a few years later in college, I felt I could have taught the class as well as the professor. Having learned a normative version of the political spectrum when I read Gary Allen’s NONE DARE CALL IT CONSPIRACY in elementary school, I remember declaring in my high school Am Gov class that I was so far to the right of the political spectrum I was practically an anarchist. I wasn’t. I was still a minarchist at best, and not a very educated one, either, believing government should provide roads, currency, and maybe even postal service, etc. College expanded my access to classics of libertarian thought, Austrian economics, and current work on libertarian principles. I still believed that our Constitutional Republic was the best form of human government ever devised. I still believe that, although my perspective on the belief has changed dramatically.

In both high school and college, I learned David Barton’s enthusiastic endorsement of the Constitution as a document clearly embodying the principles of Scripture. In college, I also encountered Ted R. Weiland’s eloquent rebuttal of the Constitution as a document departing in almost every important way from the guidance of the Bible. At the time, I found Barton’s arguments convincing. Much later, I realized the United States government is an excellent example of how even in the best possible circumstances – intelligent, educated, and experienced men with a respect for God and His Word, if not a personal relationship with Him, sitting down and rationally and peacefully creating a government from scratch, on a landmass possessing natural defenses from outside interference, abundant natural resources, and room to expand – human efforts at creating governments are bound to result in massive deprivations of liberty, in a fairly short period of time.

After graduating Cum Laude (B.A. in Political Science, Pensacola Christian College) in 2013, I enlisted in the United States Army, with aspirations of a career in Special Forces. I hoped to support the revitalization of the Constitutional Militia, as outlined by Dr. Edwin Vieira. The Special Forces career path failed to pan out due to medical reasons, although I did serve in the 75th Ranger Regiment for a time. I continued reading libertarian works, and interacting with the libertarian community online. I started a Facebook page, which I had to take down for a while as my chain of command informed me it was not acceptable for a service member to label the Commander in Chief a “tyrant,” even through an anonymous internet soapbox.

About that time, I read ALONGSIDE NIGHT by J. Neil Schulman, finding it interesting and enjoyable, but failing at first to internalize the concept of agorism. I eventually began to realize that government fails at almost everything  it does, although I continued to believe that we needed a government to provide many basic services.

The Turning Point

Still relying on Scripture as the foundation for my belief system, even while my understanding of God’s Word and the ways it applies to the world continues to evolve, I eventually arrived at a pivotal question: “Where in the Bible does God instruct man to create a government?” My college Poli Sci classes had posited that civil government was first instituted when God ordained capital punishment in Genesis 9. I had always hesitated to endorse that view, as I could see no mention of civil government in the text. The position assumes without textual foundation that capital punishment is the exclusive province of civil government. As I presented my pivotal query to my educated Christian friends, some pointed me to Romans 13 (the classic text for Christians who believe government must be obeyed in all things). However, I noted that divine guidance on the proper relationship with government is far from an endorsement of the institution. Consider Mosaic divorce law: divorce was clearly outside of God’s perfect will, but He nonetheless allowed for it in His Law, and gave guidance on the proper way to handle it. I noted also the guidance of Deuteronomy 17 regarding the selection of a King, which was certainly against God’s perfect will.

Ultimately, I have been unable to find anything in the Bible instructing us to create a government, other than the Deuteronomy 16 directive to choose judges and (militia) officers. Arbitration does not require a government now, any more than it did then. Nor does collective organized defense with a chain of command constitute a government. Having failed to find a divine command to create a government, and being unable to conclude that such a major aspect of human experience would be omitted by neglect rather than by intent, I am forced to conclude that human civil government is outside of the perfect will of God. I further conclude that the best form of governance (not government) is that prescribed by God Himself in the Mosaic Law, and practiced by ancient Israel during the time of the Judges, generally speaking. This would be a form of anarchy – “every man did that which was right in his own eyes” – with no coercive government taxation, conscription, eminent domain, etc. There would be individual responsibility to abide by God’s Law (as there is now, recognized or not) and communal responsibility to enforce His Law, e.g. execute murderers. Which parts of the Mosaic Law ought to be enforced under God’s current relationship with mankind is open for discussion among responsible adults. If such an anarchistic community declines to enforce some important aspects of the Law, they can hardly do worse than every government in the history of the world.

But I digress from the account of my transition to voluntaryism, into an explanation of my understanding of it, and an ideal application of it. The fact remains that I have concluded it would be better if governments did not exist, leaving men to interact voluntarily with each other. Furthermore, I believe much of God’s Law can be summed up in the zero aggression principle (initiation of force is morally wrong), furthermore government institutions inevitably rely on violations of that principle and thus of God’s Law, and – although we are instructed to pay taxes when doing otherwise would cause too much trouble – taxation constitutes theft, taking property without consent. Government directives to do evil (whether by commission or omission) do not override our conscience and our understanding of right and wrong. I favor agoristic obviation of government institutions. I support voluntary alternatives to government services as much as I can, and continue to encourage government institutions to reduce and eliminate their restrictions on our freedoms.

 

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References to Authors Mentioned

David Barton, THE AMERICAN HERITAGE SERIES [DVD set]

Edwin Vieira, CONSTITUTIONAL “HOMELAND SECURITY” VOLUME 1: THE NATION IN ARMS and THE SWORD AND SOVEREIGNTY: THE CONSTITUTIONAL PRINCIPLES OF “THE MILITIA OF THE SEVERAL STATES” [CD-ROM]

Ted R. Weiland, BIBLE LAW VS. THE UNITED STATES CONSTITUTION

Elijah J. Henry is a libertarian freelance writer who grew up mainly in the midwest, but who has spent his entire adult life in various southern States. He aspires to promote Freedom, while living free in a yet unfree world. Reach out to him with writing opportunities through his LinkedIn account at www.linkedin.com/in/elijahjhenry or support him on Patreon at https://www.patreon.com/elijahjhenry.

 

 

 

Nothing in this work or any other works by this author is to be construed as the official position of the DOD or any subordinate institutions.

The Right to Ignore the State


by Herbert Spencer

This essay was taken from Chapter XIX of the 1851 edition of Social Statics.
*[Footnotes and reference notes to other sections in the book have been deleted.]


1. As a corollary to the proposition that all institutions must be subordinated to the law of equal freedom, we cannot choose but admit the right of the citizen to adopt a condition of voluntary outlawry. If every man has freedom to do all that he wills, provided he infringes not the equal freedom of any other man, then he is free to drop connection with the state – to relinquish its protection and to refuse paying toward its support. It is self-evident that in so behaving he in no way trenches upon the liberty of others, for his position is a passive one, and while passive he cannot become an aggressor. It is equally self-evident that he cannot be compelled to continue one of a political corporation without a breach of the moral law, seeing that citizenship involves payment of taxes; and the taking away of a man’s property against his will is an infringement of his rights. Government being simply an agent employed in common by a number of individuals to secure to them certain advantages, the very nature of the connection implies that it is for each to say whether he will employ such an agent or not. If anyone of them determines to ignore this mutual-safety confederation, nothing can be said except that he loses all claim to its good offices and exposes himself to the danger of maltreatment – a thing he is quite at liberty to do if he likes. He cannot be coerced into political combination without a breach of the law of equal freedom; he can withdraw from it without committing any such breach, and he has therefore a right so to withdraw.
2. “No human laws are of any validity if contrary to the law of nature; and such of them as are valid derive all their force and all their authority mediately or immediately from this original.” Thus writes Blackstone, to whom let all honor be given for having so far outseen the ideas of his time and, indeed, we may say of our time. A good antidote, this, for those political superstitions which so widely prevail. A good check upon that sentiment of power worship which still misleads us by magnifying the prerogatives of constitutional governments as it once did those of monarchs. Let men learn that a legislature is not “our God upon earth,” though, by the authority they ascribe to it and the things they expect from it, they would seem to think it is. Let them learn rather that it is an institution serving a purely temporary purpose, whose power, when not stolen, is at best borrowed.

Nay, indeed, have we not seen that government is essentially immoral? Is it not the offspring of evil, bearing about it all the marks of its parentage? Does it not exist because crime exists? Is it not strong – or, as we say, despotic – when crime is great? Is there not more liberty – that is, less government – when crime diminishes? And must not government cease when crime ceases, for very lack of objects on which to perform its function? Not only does magisterial power exist because of evil, but it exists by evil. Violence is employed to maintain it, and all violence involves criminality. Soldiers, policemen, and jailers; swords, batons, and fetters are instruments for inflicting pain; and all inflection of pain is in the abstract wrong. The state employs evil weapons to subjugate evil and is alike contaminated by the objects with which it deals and the means by which it works. Morality cannot recognize it, for morality, being simply a statement of the perfect law, can give no countenance to anything growing out of, and living by, breaches of that law. Wherefore, legislative authority can never be ethical – must always be conventional merely.

Hence, there is a certain inconsistency in the attempt to determine the right position, structure, and conduct of a government by appeal to the first principles of rectitude. For as just pointed out, the acts of an institution which is in both nature and origin imperfect cannot be made to square with the perfect law. All that we can do is to ascertain, firstly, in what attitude a legislature must stand to the community to avoid being by its mere existence an embodied wrong; secondly, in what manner it must be constituted so as to exhibit the least incongruity with the moral law; and thirdly, to what sphere its actions must be limited to prevent it from multiplying those breaches of equity it is set up to prevent.

The first condition to be conformed to before a legislature can be established without violating the law of equal freedom is the acknowledgment of the right now under discussion – the right to ignore the state.
3. Upholders of pure despotism may fitly believe state control to be unlimited and unconditional. They who assert that men are made for governments and not governments for men may consistently hold that no one can remove himself beyond the pale of political organization. But they who maintain that the people are the only legitimate source of power – that legislative authority is not original, but deputed – cannot deny the right to ignore the state without entangling themselves in an absurdity.

For, if legislative authority is deputed, it follows that those from whom it proceeds are the masters of those on whom it is conferred; it follows further that as masters they confer the said authority voluntarily; and this implies that they may give or withhold it as they please. To call that deputed which is wrenched from men, whether they will or not, is nonsense. But what is here true of all collectively is equally true of each separately. As a government can rightly act for the people only when empowered by them, so also can it rightly act for the individual only when empowered by him. If A, B, and C debate whether they shall employ an agent to perform for them a certain service, and if while A and B agree to do so C dissents, C cannot equitably be made a party to the agreement in spite of himself. And this must be equally true of thirty as of three; and if of thirty, why not of three hundred, or three thousand, or three million?
4. Of the political superstitions lately alluded to, none is so universally diffused as the notion that majorities are omnipotent. Under the impression that the preservation of order will ever require power to be wielded by some party, the moral sense of our time feels that such power cannot rightly be conferred on any but the largest moiety of society. It interprets literally the saying that “the voice of the people is the voice of God,” and, transferring to the one the sacredness attached to the other, it concludes that from the will of the people – that is, of the majority – there can be no appeal. Yet is this belief entirely erroneous.

Suppose, for the sake of argument, that, struck by some Malthusian panic, a legislature duly representing public opinion were to enact that all children born during the next ten years should be drowned. Does anyone think such an enactment would be warrantable? If not, there is evidently a limit to the power of a majority. Suppose, again, that of two races living together – Celts and Saxons, for example – the most numerous determined to make the others their slaves. Would the authority of the greatest number be in such case valid? If not, there is something to which its authority must be subordinate. Suppose, once more, that all men having incomes under £ 50 a year were to resolve upon reducing every income above that amount to their own standard, and appropriating the excess for public purposes. Could their resolution be justified? If not, it must be a third time confessed that there is a law to which the popular voice must defer. What, then, is that law, if not the law of pure equity – the law of equal freedom? These restraints, which all would put to the will of the majority, are exactly the restraints set up by that law. We deny the right of a majority to murder, to enslave, or to rob, simply because murder, enslaving, and robbery are violations of that law – violations too gross to be overlooked. But if great violations of it are wrong, so also are smaller ones. If the will of the many cannot supersede the first principle of morality in these cases, neither can it in any. So that, however insignificant the minority, and however trifling the proposed trespass against their rights, no such trespass is permissible.

When we have made our constitution purely democratic, thinks to himself the earnest reformer, we shall have brought government into harmony with absolute justice. Such a faith, though perhaps needful for the age, is a very erroneous one. By no process can coercion be made equitable. The freest form of government is only the least objectionable form. The rule of the many by the few we call tyranny; the rule of the few by the many is tyranny also, only of a less intense kind. “You shall do as we will, and not as you will,” is in either case the declaration; and if the hundred make it to the ninety-nine, instead of the ninety-nine to the hundred, it is only a fraction less immoral. Of two such parties, whichever fulfills this declaration necessarily breaks the law of equal freedom: the only difference being that by the one it is broken in the persons of ninety-nine, while by the other it is broken in the persons of a hundred. And the merit of the democratic form of government consists solely in this, that it trespasses against the smallest number.

The very existence of majorities and minorities is indicative of an immoral state. The man whose character harmonizes with the moral law, we found to be one who can obtain complete happiness without diminishing the happiness of his fellows. But the enactment of public arrangements by vote implies a society consisting of men otherwise constituted – implies that the desires of some cannot be satisfied without sacrificing the desires of others – implies in the pursuit of their happiness the majority inflict a certain amount of unhappiness on the minority – implies, therefore, organic immorality. Thus, from another point of view, we again perceive that even in its most equitable form it is impossible for government to dissociate itself from evil; and further, that unless the right to ignore the state is recognized, its acts must be essentially criminal.
5. That a man is free to abandon the benefits and throw off the burdens of citizenship may indeed be inferred from the admissions of existing authorities and of current opinion. Unprepared as they probably are for so extreme a doctrine as the one here maintained, the radicals of our day yet unwittingly profess their belief in a maxim which obviously embodies this doctrine. Do we not continually hear them quote Blackstone’s assertion that “no subject of England can be constrained to pay any aids or taxes even for the defence of the realm or the support of government, but such as are imposed by his own consent, or that of his representative in parliament?” And what does this mean? It means, say they, that every man should have a vote. True, but it means much more. If there is any sense in words it is a distinct enunciation of the right now contended for. In affirming that a man may not be taxed unless he has directly or indirectly given his consent, it affirms that he may refuse to be so taxed; and to refuse to be taxed is to cut all connection with the state. Perhaps it will be said that this consent is not a specific, but a general one, and that the citizen is understood to have assented to everything his representative may do when he voted for him. But suppose he did not vote for him, and on the contrary did all in his power to get elected someone holding opposite views – what then? The reply will probably be that, by taking part in such an election, he tacitly agreed to abide by the decision of the majority. And how if he did not vote at all? Why, then he cannot justly complain of any tax, seeing that he made no protest against its imposition. So, curiously enough, it seems that he gave his consent in whatever way he acted – whether he said yes, whether he said no, or whether he remained neuter! A rather awkward doctrine, this. Here stands an unfortunate citizen who is asked if he will pay money for a certain proffered advantage; and whether he employs the only means of expressing his refusal or does not employ it, we are told that he practically agrees, if only the number of others who agree is greater than the number of those who dissent. And thus we are introduced to the novel principle that A’s consent to a thing is not determined by what A says, but by what B may happen to say!

It is for those who quote Blackstone to choose between this absurdity and the doctrine above set forth. Either his maxim implies the right to ignore the state, or it is sheer nonsense.
6. There is a strange heterogeneity in our political faiths. Systems that have had their day and are beginning here and there to let the daylight through are patched with modern notions utterly unlike in quality and color; and men gravely display these systems, wear them, and walk about in them, quite unconscious of their grotesqueness. This transition state of ours, partaking as it does equally of the past and the future, breeds hybrid theories exhibiting the oddest union of bygone despotism and coming freedom. Here are types of the old organization curiously disguised by germs of the new, peculiarities showing adaptation to a preceding state modified by rudiments that prophesy of something to come, making altogether so chaotic a mixture of relationships that there is no saying to what class these births of the age should be referred.

As ideas must of necessity bear the stamp of the time, it is useless to lament the contentment with which these incongruous beliefs are held. Otherwise it would seem unfortunate that men do not pursue to the end the trains of reasoning which have led to these partial modifications. In the present case for example, consistency would force them to admit that, on other points besides the one just noticed, they hold opinions and use arguments in which the right to ignore the state is involved.

For what is the meaning of Dissent? The time was when a man’s faith and his mode of worship were as much determinable by law as his secular acts; and, according to provisions extant in our statute book, are so still. Thanks to the growth of a Protestant spirit, however, we have ignored the state in this matter – wholly in theory, and partly in practice. But how have we done so? By assuming an attitude which, if consistently maintained, implies a right to ignore the state entirely. Observe the positions of the two parties. “This is your creed,” says the legislator; “you must believe and openly profess what is here set down for you.” “I shall not do anything of the kind,” answers the nonconformist; “I will go to prison rather.” “Your religious ordinances,” pursues the legislator, “shall be such as we have prescribed. You shall attend the churches we have endowed and adopt the ceremonies used in them.” “Nothing shall induce me to do so,” is the reply; “I altogether deny your power to dictate to me in such matters, and mean to resist to the uttermost.” “Lastly,” adds the legislator, “we shall require you to pay such sums of money toward the support of these religious institutions as we may see fit to ask.” “Not a farthing will you have from me,” exclaims our sturdy Independent; “even did I believe in the doctrines of your church (which I do not), I should still rebel against your interference; and if you take my property, it shall be by force and under protest.”

What now does this proceeding amount to when regarded in the abstract? It amounts to an assertion by the individual of the right to exercise on of his faculties – the religious sentiment – without let or hinderance, and with no limit save that set up by the equal claims of others. And what is meant by ignoring the state? Simply an assertion of the right similarly to exercise all the faculties. The one is just an expansion of the other – rests on the same footing with the other – must stand or fall with the other. Men do indeed speak of civil and religious liberty as different things: but the distinction is quite arbitrary. They are parts of the same whole and cannot philosophically be separated.

“Yes they can,” interposes the objector; “assertion of the one is imperative as being a religious duty. The liberty to worship God in the way that seems to him right is a liberty without which a man cannot fulfill what he believes to be Divine commands, and therefore conscience requires him to maintain it.” True enough; but how if the same can be asserted of all other liberty? How if maintenance of this also turns out to be a matter of conscience? Have we not seen that human happiness is the Divine will – that only by exercising our faculties is this happiness obtainable – and that it is impossible to exercise them without freedom? And if this freedom for the exercise of faculties is a condition without which the Divine will cannot be fulfilled, the preservation of it is, by our objector’s own showing, a duty. Or, in other words, it appears not only that the maintenance of liberty of action may be a point of conscience, but that it ought to be one. And thus we are clearly shown that the claims to ignore the state in religious and in secular matters are in essence identical.

The other reason commonly assigned for nonconformity admits of similar treatment. Besides resisting state dictation in the abstract, the dissenter resists it from disapprobation of the doctrines taught. No legislative injunction will make him adopt what he considers an erroneous belief; and, bearing in mind his duty toward his fellow men, he refuses to help through the medium of his purse in disseminating this erroneous belief. The position is perfectly intelligible. But it is one which either commits its adherents to civil nonconformity also, or leaves them in a dilemma. For why do they refuse to be instrumental in spreading error? Because error is adverse to human happiness. And on what ground is any piece of secular legislation disapproved? For the same reason – because thought adverse to human happiness. How, then, can it be shown that the state ought to be resisted in the one case and not in the other? Will anyone deliberately assert that if a government demands money from us to aid in teaching what we think will produce evil we ought to refuse it, but that if the money is for the purpose of doing what we think will produce evil we ought not to refuse it? Yet such is the hopeful proposition which those have to maintain who recognize the right to ignore the state in religious matters but deny it in civil matters.
7. The substance of this chapter once more reminds us of the incongruity between a perfect law and an imperfect state. The impracticability of the principle here laid down varies directly as social morality. In a thoroughly vicious community its admission would be productive of anarchy. In a completely virtuous one its admission will be both innocuous and inevitable. Progress toward a condition of social health – a condition, that is, in which the remedial measures of legislation will no longer be needed – is progress toward a condition in which those remedial measures will be cast aside and the authority prescribing them disregarded. The two changes are of necessity co-ordinate. That moral sense whose supremacy will make society harmonious and government unnecessary is the same moral sense which will then make each man assert his freedom even to the extent of ignoring the state – is the same moral sense which, by deterring the majority from coercing the minority, will eventually render government impossible. And as what are merely different manifestations of the same sentiment must bear a constant ratio to each other, the tendency to repudiate governments will increase only at the same rate that governments become needless.

Let not any be alarmed, therefore, at the promulgation of the foregoing doctrine. There are many changes yet to be passed through before it can begin to exercise much influence. Probably a long time will elapse before the right to ignore the state will be generally admitted, even in theory. It will be still longer before it receives legislative recognition. And even then there will be plenty of checks upon the premature exercise of it. A sharp experience will sufficiently instruct those who may too soon abandon legal protection. While, in the majority of men, there is such a love of tried arrangements and so great a dread of experiments that they will probably not act upon this right until long after it is safe to do so.

Letter Seven


[ Intro ] – [ I ] – [ II ] – [ III ] – [ IV ] – [ V ] – [ VI ] – [ VII ]


    Letter VII        June 3, 1843


SIR: Having, by your liberal permission, said so much publicly on the above subject, it will be required that I should bring my observations to some practical point, and probably to a conclusion. Supposing any light to have been thrown on the subject, and a conviction to have been produced that the present forceful order of things is inconsistent with the principles we know and acknowledge to be true, the question will naturally arise, “what are we to do?” As the religious teacher would answer when such a question is put on the deepest ground, so I reply “do nothing.” – Whenever events turn out unhappily we have to adopt this course. It is the best medicine, whether the mind or the body, the Church or the State, be sick. Sometimes there may be some obnoxious result of human activity in the way, which human activity may remove, but generally human passivity is the preferable principle. In this case, at all events, there can be no hesitation in presenting the medicine of passivity. – “Leave it alone,” is our best treatment. Like all our enemies, State oppression will die of itself if we meddle not with it. If there be a voter in the land who knows not how to take moral care of himself and family, I am sure the State will not help him in that respect; so that he gains nothing by contact with it. So far as he does know how to exercise such moral provision, let him do it with all diligence, and in that act acquire more ability. Let every one expend his energies within doors, and, by moral means perfect domestic and family order. No argument is required to show that if this were done in every house, no State legislation, and scarcely any township legislation would remain to be done. But the remark will be made that every house and every person is not thus morally regulated; so that it is absolutely necessary to introduce the influence force. Does, then, this introduction of force pleasantly and effectually settle the matter? Indeed not; it is just seconding the immoral beginning, and multiplying it exceedingly. Now, I submit that this is the true way of looking at the [matter.] The bad subjects of the State are amongst our neighbors, they are very few, one in five hundred perhaps originally, whom our injudicious treatment augments fourfold; whereas if we met them at once on moral grounds we could manage at a much smaller cost, with a very much better result. – Why should we make this public and congregative noise about such an event as a robbery or a quarrel? If a person should fall into the river we all run to help him out, and not a man of us but would be glad to lose the whole day in his restoration. We should do so singly with joy, and never think of calling a town meeting to debate the subject. Why not then when a neighbor has fallen by bad education, or unhappy organization, into the flood of immorality, should we not willingly and spontaneously make the same sacrifices to help him out? By so much as the soul is more precious than the body we should fly to submit still greater offerings.

This is the very pith and heart of the subject. If the evil elements in society were thus encountered at their sources there would be no occupation left for the constable, the jailer and the executioner. Much cheaper too such a system would be. Men appear to think they are gainers by making these public officers to do the business which privately and properly belongs to themselves. Individually some of the wealthiest persons may be money gainers by this arrangement. But morally and sentimentally they are great losers. And taking the whole of society into consideration, the fact becomes very clear that it is a losing plan. For, besides the cost of managing the original wayward members of society, there is added to it the vast expenditure for the extraneous machinery of judges, prisons, chaplains, and the host of unloving instruments. And all this is because there are a few bad boys in the town, or a few bad men in the State. If not on this account, why at all is the machinery of State government kept in existence? The good, it is confessed, require no such coercive control. They in fact, however, erect this machinery, they sustain it, and what they have now is to say to each other is, “why friends and neighbors, should we prolong this incongruous state of things which we have made? We made it, and we can unmake it. Let us try if we cannot work out something better suited to the present condition of mankind.”

When the North American republic was founded, it was an established axiom in the world, that governors and governed were two distinct races amongst men, one of which was born to submit to the other, just as is now held to be the case as to blacks and whites. But a successful experiment for above sixty years has demonstrated a different principle, and we have advanced a good way into the truth that governor and governed may be one. This is proved as far as the whole mass is concerned. Now we have to prove the same fact in every individual. We have to show that one hat can at one moment cover both these characters. Instances not a few can be found amongst our private acquaintance of persons who withdraw as much as possible from interference in political affairs of any kind. These are generally the highest moral beings which society contains. – Which is in fact the reason why they shrink from inter-meddling with affairs of State, necessarily as they are of an immoral tendency. We must do our best to let this sort of mind be multiplied until it spread all over the land; and the government of force be left to die off at leisure, superseded by the government of love and sound sense.

Were a true parent unfortunately to have a child of decidedly vicious organization, would he, for the purpose of being rid of such a trouble, thrust him forth into the street to be derided and hooted by other boys, or would he wish to foist him upon his neighbors? Would he not rather, both in love for his boy and his country, endeavor to the utmost to reform his character and elevate his sentiments? Very much like this is the picture of society. The criminals are our malorganized brethren. And let it be continually remembered that it is on account of these, on account of a comparatively few, unfortunate near relations, that we commit such a series of unprincipled, costly, and destructive actions. On what poor pretences may a vast superstructure of actuality be erected. Would it not be a preferable plan for every town to set its own criminals to work in the fields, or the shop, before they have grown into desperate characters, instead of passing them through state trials and state prisons? If it is yet premature to expect every separate family to ensure the moral conduct of its own members, it would be some little amendment of our present system to let each group of families take upon itself its own responsibilities. If each township in Massachusetts having, by the absence of state interference, no other resource than its own moral influence against any immoral influence there might be, we should I believe have in respect to all the grosser crimes a power of two hundred or three hundred to one individual. All the crimes which the present rough unparental state of society can take cognizance of, do not amount to so much as that. Then, at the same time, those refined offences, the quiet frauds and deceptions which a brute law cannot touch, would be more directly reached than they are now, because such a moral preventive court of justice barely recognized at present, would exist in full force and vigor.

Thought, kindly, loveful thought, I am sure will soon engender an improved state of things. As to any hope for human advancement based on the present order of brute force, it is quite absurd. It has been tried in every conceivable shape, and has failed; and it must fail. The representative system altogether is worn out. Cunning as well as force is insufficient now to help humanity one step forward. It is the third principle alone in which rational hope abides. We must begin with confidence in the inherent goodness in humanity; and so beginning we shall be sustained. Love, love only can rule men efficiently now. Commanding talents, like commanding force, must be laid at the feet of the benign nature in man. We live for this or we live for nothing. At last we want to come round to this point; and I suppose that all the struggles of the day, miltiform as they appear to be, have for their common centre, the empire of love on earth. Reform, abolition, social projects, church, state, prisons, aye even war must pretend to support the reign of peace and love on earth. The debateable points refer only to the best and shortest way of ensuring the triumph of goodness. The direct and immediate object in these letters has been of a very humble, and you may say very limited kind. – I have merely sought to show what an obstacle to true progress the State now is, and how easily it could be set aside or avoided. Easy as it is however, it will be needful for some persons to experience some inconvenience, or worse, in order to clear the ground of the incumbrance.

As Mr. Alcott’s declining to contribute his poll assessment and consequent imprisonment originated these letters, I may not inaptly close by reference to further personal matters, related as they are throughout to the common weal.

The assessor of this town, (Concord) has recently applied for an inventory of the contents of my pocket and other effects, in order that I may be taxed to pay soldiery, jailers, and other slaves, in whom I have no faith. I have of course declined any voluntary participation in the system, and having replied in the spirit of these letters, and referred to them, I await the consequences.

In the mean time, it is needful to inform you that the season has arrived for laying down the pen and taking up the hoe.

Many of your readers are aware that my sojourn in this country has had reference throughout to a connection with the land as the outward basis of all the holy and wholesome existence; and in unity with Mr. Bronson Alcott, and other friends, many persons have looked forward to the commencement of a state of things some steps in advance of the present, though possibly not comprehending all that is ideally living in the mind. Such a commencement appears not to be practicable. An estate of nearly one hundred acres is devoted to this purpose; if not totally free from all relation to property; yet approaching as nearly as circumstances will permit. It is remotely, though not distantly situated; and as no house is owned, but one is merely lent for a short time, you will perceive that for a party whose capital is exhausted in obtaining the freedom of restoring, subduing and using a piece of God’s earth, there is plenty of work to be done, besides this of writing which we have so long enjoyed together.

The press, is undoubtedly a mighty engine for the enlightenment and reformation of men, but yet it is only an instrument; and I think every one feels that there is something to be done greater and mightier than printing or lecturing in order to [raise] man’s elevation. The press and the platform do but furnish faint echoes of a reality which must move mankind in a deeper manner than to a change of opinion, or to a scientific knowledge. The heart of man must be touched; and this cannot be by appeals to his head. No intellectual effort can go deep enough now nor at any other time in fact to secure the real wants and purposes of humanity. Whether or not that which I design to do is that real deed which I have faith it is, time, zeal and perserverance must help to show. In the mean time you will oblige by forwarding your papers or other favors to this place instead of Concord as heretofore. And believe me, dear sir, in action as in speech, still, one with you in the great enterprise of man’s redemption, and consecration to all good.

C.L.
Harvard, Mass.

[ Intro ] – [ I ] – [ II ] – [ III ] – [ IV ] – [ V ] – [ VI ] – [ VII ]

Letter Six


[ Intro ] – [ I ] – [ II ] – [ III ] – [ IV ] – [ V ] – [ VI ] – [ VII ]

 


    Letter VI        May 17, 1843


SIR: Cleansed, purified, refined – polished to the highest degree – the democratic form of government which we have set up; still that it is final, none can imagine. Misfortunes at least, if not crimes it has, as well as merits. – Yes, republicanism is not without a parallel to monarchy, in that particular of being not wholly virtuous. Practically, doubtless, democracy representative, which differs little from monarchy representative, is a much better working machine than monarchy absolute. But, few countries now lie in this degrading plight, if ever they did, for it is difficult to conceive of the absolute rule of one mind uninfluenced by an action from without. The real apprehension lies against aristocracy. This is the monster of longest life and most alarming nature. He takes all shapes, and finds a home in all places. When driven from one den, he flies to another. No longer duke, or count, or baron, he can become president, merchant, banker. When castle or chateau no more can enshrine him, a back parlor, or counting house will serve. When his patronage of chivalry and art is exposed as the cover of self aggrandisement, straightway he is transformed to a patron of science and manufacture. As the baronial hall crumbles to dust, the huge, grim factory rises to a greater height. And who shall say which is the weightier curse? The foundation of chivalry had its glitter and show animal freedom and valorous death; factory feudalism boasts its glitter and profits, intellectual eminence and national benefit. Both alike succeed in subjugating the people, who in some degree always suffer, and the best of positions are yet in danger.

It is interesting, to say the least of it, to trace the workings of the representative system of government in one particular, namely, its success in doing those things which absolute monarchy durst not venture upon from fear of offending the people. Those tamperings with the currency, the loans and the stock jobbing which royal Louis and his ministers found too hazardous a venture, reformed parliaments have since done over and over again at their ease, and democratic legislators are now beginning to do. It is the symptom of a wise people not to be deceived by forms and names. Every one can now see the disgrace, the baseness, the folly of spilling his blood and that of his fellow creatures, in a battle which may decide whether this man shall marry that woman, a little more territory be allowed to that man’s rule, or a few more people be of that man’s religious opinions. But we do not yet recognize the wickedness, the inhumanity, of sacrificing both the animal and mental powers of men and women in the pursuit of ends as foreign to the ends of true human destiny as the objects of national war. The poor plebian soldier when he survived the general slaughter, and escaped with his maimed body, had little more than scars to show for his share of the profits; the advantage, if any, was all secured by the monarch and aristocrats, who thus gambled with men as though they were cards. So it is with our poor factory operatives, they toil, they have their limbs deformed or mutilated; mind and body, though by a slower process, are despoiled and degraded, and they have little to produce for their share of the advantages, which still belong to the aristocrats. Aristocrats, moreover, of wealth, not of family or title; and aristocrats of wealth are universally admitted to be the most tyrannous. A man who has worked his way up from poverty to riches against a contending world, fancies it is in the power of every one else to do the same; not knowing that the processes which to him were agreeable enough are utterly repugnant to conscientious souls. It is not a new idea to assert the disqualifying power of riches for a superior state of existence. This, then, is a most fatal circumstance operating against our present democratic institutions. We have succeeded in shutting out that obvious, glaring delusion of the worship of a titled family as the representation of the divine power on earth; but in its place we have an undividualized, unnamed, joint stock tyrant, who is personally secure from attacks and sheltered from danger, and still more continuous and potent than the aristocrat of blood.

It is against this undying power that the individual man has to strive. On the two arms of the social lever these two forces are placed, and of course the chances for keeping the balance even are very small. On one side stands this grand representative combination of organized thought, feeling, prejudice, and on the other, the interior energy in one person. The great mass, potent in its antiquity, in its stagnation, in its pre-possession, against the individual, having only freshness of thought and hopeful aspiration to sustain him. It seems, after all, [impossible] to invent a system more fatal to human growth than this of representative government. There is possibly in it the means of preventing the great mass of the population from falling below a certain average of wealth, intelligence, or morals. I say possible, for it is by no means yet certain that we are saved from excessive poverty, ignorance, or crime. But that there is a sort of cast iron pattern work in it by which the individual character is very much confined in the upward moral tendencies is quite manifest. The quality of sameness in the North American republic is observable by the most superficial. Social, moral, temperamental identity, is more remarkable than that of language. – In no other part of the world perhaps, is so much space occupied by so many people, with so great similarity in nature. For often taking into account all the vari[e]ties in religion, in politics, in occupation, this remark still remains. These vari[e]ties are but model, and the substratum remains unchanged.

At this fact one cannot marvel. It was rational enough for a people who had emerged by combined exertions from a state of provoking and galling thraldom to make an effort to render permanent the forms of that successful combination. It is a sort of gratitude to means, rather than to principles, which induces men to sanctify mere institutions. But the time has arrived for a fresh appeal to principle; yet not more now than ever; for a recurrence to principle is proper at all times. Until men have better plans placed clearly before them they are bound by a law in their nature to hold fast to such as they have. This representative plan was the people’s choice; no better one is yet apparent to them, and if any uncomfortable results now fall upon them, they attribute these to the imperfect working of the machinery; and not to the unsuitability of the machine as a whole. Under these circumstances their hope rests in the bettering of the system, in some further polishing or improvement as it is called. But we must require the public to exercise a keener and broader sight. The vision must not be bounded by the objects lying closely about us, but must be extended to new scenes. – The sight must become an insight. I have just had the pleasure of communing with an English friend who passed the greater part of last year in Appensell, Switzerland. This canton is not republic, but a pure democracy. – The government is not representative, but all the males above 18 years of age may, and the greater part actually do, vote on all questions brought before the assembled canton, of which the population amounts to 40,000 persons. – They choose their Landemann, Councillors and other officers, whom they pay by small salaries of about one hundred dollars each; and in this manner for 400 hundred years they have found it practicable to pass permanent and temporary laws, and to carry on all needful functions of government. At the death of a proprietor, his property is divided equally amongst the children, whether he make a will or not. Even in this defective self government, in comparatively great ignorance, they have managed to be tolerably happy for ages, and what may be the strangest of all facts to republican eyes, they have neither poor house nor prison in this extensive population of 40,000 souls.

Such facts as these, withheld from popular observation equally by aristocratic conservatism and republican radicalism, serve at least to show how far the principles of self government can be carried without our having resort to delegation or representation or being men by deputy. Of course, however, this does not carry the whole length of relief from the forceful government. And moreover, except for the few hours the canton is actually assembled, the people are obliged to act by delegation through a constantly existing executive, to which also the best contrived republic is obliged to resort. – This again, therefore, is only a half way contrivance, and is far behind that instant and ever present government which we should enjoy were the supremacy of the family, the true authority of man to be duly acknowledged. It affords demonstration that North American townships or counties, to the extent of 40,000 persons, might carry on with wisdom, steadiness, economy, and vigor, all, and more than all the purposes for which the town or county now is or ever need be convened. Such a system would relieve us from a representative legislature, and only leave us a representative executive. And from the salaries paid in this instance there is ample reason to believe that this executive is almost a nominal one, and that every man is nearly as much a daily administrator of the law as an annual maker of it. Lightly must it sit upon their shoulders as a national burden if such are the salaries. Small must be its brute power if there are no prisons. Moderate must it be in family intrusion when it leaves education unfettered. In fact the government is identical with the people, and therefore there can be for them no objection to it.

As fast as individuals in this district arrive at an intuition of real human worth and dignity they of course cease to participate in this humble and modest mockery of humanity; as men do in the more costly and ostentatious mockeries in this land. We have here a partial answer to the question, How would a voluntary government be practicable? We see here how easy it is to accomplish all that is now deemed necessary for the people to do congregatively. And when from that quantity of business we deduct whatsoever is not absolutely required to be done collectively but may be done at home, we begin to see with what facility this cumberous state-machinery might be dispensed with.

Why is it that we prolong its crime-breeding existence? Have we no faith in man? No faith in goodness in man? Is there no other or no better principle in the human soul than that of dark and brutal fear which alone can be tamed, not subdued, by dark and brutal force? Force! Force in all things! No freedom! No spontane[i]ty! Always, you must! Never, you may. The wild red man, the wilder Hottentot, could not maintain a system more subversive of humanity. Could we for a moment delude ourselves into the supposition that the present forceful system of government accomplishes all that it assumes to accomplish, still on such terms it would scarcely be worth acceptance. To protect humanity at the price of humanity is poor commerce. To secure serenity enough for love to speak a word by the suppression of all love as a process, profits us little indeed. This is no exaggeration of the facts. Not those alone who are called wicked, but those who are admitted to be only unfortunate are treated harshly. Society treats lunatics very little better than it does criminals, though there is now arising a sensibility of this error. We may even see it declared in the common newspapers that the cash expenditures for the prosecution and punishment of criminals is so great that the end scarcely counterbalances the means, and that cheaper modes of regulating humanity could easily be devised. This regards the money only. But when we bring into the account the wear and tear of the superior human feelings, civilization must be declared a bankrupt.

In the most serious and true sense I think that the present mode of civilization is bankrupt. Really it breaks down. It does not, cannot, fulfill its engagements. It cannot meet its creditors’ claims, nor will it ever. It has been tried and trusted long enough, and in all decency should now give up business. Are we so barren of invention, so unfertile of thought, so bound to imitation, that, wincing daily as we do, we cannot project and act out a better scheme than we now suffer under? Certainly we are ever making the attempt; but not in a direction in which success can be hoped. New results cannot be attained without new modes or new causes. The results we want are not only new, but in many respects the very opposite of those which now prevail. It is not likely therefore that we shall reach such opposite place by travelling the old road, although that road may be mended, and drained and smoothed to the utmost practicable extent. Our present road, our present principle, is that of force. Force in every mode of it. People are forced to support the government in the first instance, and when it is thus sustained by force, it exercises all its functions by force. Love is never put into it. Cunning, as much as you like. – Intrigue, finesse, overreaching, from one end to the other; from the capture of a poor thief by the constable to the election of president; through all the gradations of trade, art, and profession, as much wit, sharpness, and physical force as you will, but no kindness, no neighborly consideration, no love at all is needed.

I can hardly be required here to enter into any statement to show how contrary all the processes of political government are to those divine principles which as a christian community it is obvious we are acquainted with. Reflections of this kind are too readily suggested in every bosom to render any verbal appeal requisite. I would however venture to put a question as to a point of time. I would ask when we are to set about realizing these sentiments which for so many centuries we have been verbally uttering. Since the church has thrown off its unworthy connexion with the state, men have been no less assid[u]ously praying, in words, that “God’s will may be done on earth as it is in heaven;” and the most orthodox do continually declare in various ways that a more holy state of existence upon earth is to be realized. Yet with a mental belief of this kind, and an espousal of doctrines to this effect, no one actually sets about the work which he declares is so close to his heart. Nay, so curious are the facts, so possible is it for the mind to attempt the reconciliation of irreconcileable things, that our legislators begin their daily work with a form of christian prayer. Then see what kind of work immediately succeeds this prayer; look at the state of mind of the various parties, scan the ill tempers which grow up in debate, hear the unfriendly words and unkind insinuations which are constantly interwoven in the proceedings, and let us say whether this is a way in which there is any rational probability that human beings can be aided in upward progress.

There cannot be two opinions on this point. It behooves us therefore as christians, as philanthropists, aye, even as selfish beings of any sound discrimination to turn our backs upon this forceful and representative system. It is destructive of manhood, of individual largeness and integrity, or love and neighborly feeling. – Men cannot expand to their full size of intellectual or moral being so long as it continues. – One person, now and then, shines out a brilliant monstrosity while the greater number must necessarily shrink into fractions of men, at whose expense the man of renown is manufactured. A renown too as ephemeral as it is worthless. How many individuals have dissipated all their energies, have worn away their very being by coming in contact with this merciless millstone of politics! With how many promiseful young men is this now the case? – For a season perhaps it is the misfortune of every one to fall into this delusion of imagining that human good is to be served by political means. How delusive it is. I trust many are now beginning to see a system based on force and skill cannot accomplish any real moral purpose. Moral ends can only be attained by moral means. Brute force is not moral, cunning not morality. Wit indeed may be used under the guidance of the moral sense, but never can morals descend to brute physical force; and without this force the fabric of modern governments falls at once to the ground.

There was a period, scarcely yet gone by, when pedantic school-masters asserted that to keep children in order without flogging was impossible. Yet we see this once visionary idea brought out to daily practice. “Men are but children of a larger growth,” and are as easily to be kept in order by kindness as force. – Nay, easier, for force never secures order; it merely suppresses the appearance of disorder. It covers the sores of society and heals them not.

Yours in better government,

C.L.
Concord, Mass.

[ Intro ] – [ I ] – [ II ] – [ III ] – [ IV ] – [ V ] – [ VI ] – [ VII ]

Letter Five


[ Intro ] – [ I ] – [ II ] – [ III ] – [ IV ] – [ V ] – [ VI ] – [ VII ]

 


    Letter V        May 4, 1843


SIR: No fact in human life is perhaps more clearly established than the tendency there is in men to depart in action from the principles they have laid down in words. In religion it is fearfully so; in morals scarcely less; and in politics we have seen, in the instance of negro slavery, how men could reconcile words and actions the very reverse of each other. – Often as this kind of remark is forced upon us, still I never deemed it needful in a country which has so recently appealed to first principles as New England, to recur to the record of its Constitution to see whether there was any such discrepancy between its theory and its practice. I had seen that it gives men no choice as to whether they will be members of the body politic or not; I had witnessed the incarceration of individuals because they declined to be party to bearing arms or paying others to bear arms, or keep jails, or use halters; but I had no suspicion that this daily practice of brute force was a direct contravention of the letter of the Constitution. Yet on reference to the preamble of this document for our notable State of Massachusetts, I find it set down in language of the plainest character that “The body politic is formed by a voluntary association of individuals.” Doubt as we may, this sentence stands at the head of the second paragraph of a document dated no farther back than the year 1780. If in so short a period as 63 years the most sacred public enactments are suffered by those who pretend to maintain them, to be reduced to waste paper; if in the most enlightened nations on the globe’s fair surface this contravention of clearly made statements can be accomplished, we may not marvel that the men of 1780 had some right to recur to the principles whose beauty the dust of countries and the darkness of ignorance, no less than the lust for dominion, had subverted.

We too, must in our day go back to the basis of our institutions. If knowledge and liberality, and enlightenment now run on rapidly, so also do vice and tyranny, and selfishness. If the means of doing good are in modern times much increased and multiplied, so also are the means of doing ill. There is not an instrument which virtue and morality have invented, that vice and crime have left unperverted. The pulpit and the press having been so frequently subverted to tyrannous ends, although originating in the most exalted freedom, shall we wonder when the senate house is debased to the same purposes? If the love of fame is “the last weakness of great minds,” the lust of power produces the first wish of small ones. – Small are the minds which find their way into subservient democratic councils. Small as they may be individually, it is only by becoming smaller that they are allowed a place there. The price one must pay for the most honorable participation in public affairs is to sink one’s manhood into the narrow dimensions of a three hundredth or a four hundredth part of a man. The country not possessing a real man, attempts to make one, somewhat as the bees their queen; with this remarkable difference, that the bees succeed, and the men fail. The human hive is not constructed on true principles, and never can succeed in this attempt to manufacture manhood.

I am not aware what other meaning the historic reader can put upon these words besides their very obvious and simple import; but politicians, it seems, have out of these terms made an authority for conduct directly the reverse. – The Constitution declares the body politic to be a voluntary association. – The principle announces love and choice; practice enacts necessity and force. All, therefore, on behalf of which I am asserting may be summed up as the restoration of the primary constitutional principle. I give no strained or unusual value to the word “voluntary” on this occasion. Either it means choice, or it means nothing at all. If it does not assert the free voluntariness of every individual who comes into “the body politic” it signifies nothing; or at least nothing which common sense can lay hold of. If the voluntariness is to be confined to those who have the power, and they are to be at liberty to force everyone into the association, then I must esteem this word “voluntary” to be a solemn mockery; and the sooner it is erased, and the term “forced” is put in its stead, the sooner will the words of the Constitution harmonize with the idea of its framers, and be at one with the every day practice of its supporters.

It will not, surely, be said that this reading is to stand good for those who originally framed the Constitution; but that all voluntariness or choice is to be taken away from their descendants, from those whose misfortune, as it would appear, was to be born into the world a few years later. The fathers could not design that their children, their own flesh and blood, should be placed in a worse position than they claimed for themselves. It is true that in the next clause they say they form “a new constitution of civil government for ourselves and posterity,” but in the following they also say “all men are born free and equal;” and the declared right to amend the Constitution is too well known and too practical to be forgotten. I cannot see therefore the propriety of twisting the terms of the Constitution from their obvious, legitimate and true meaning, and under those terms I affirm the right of any man to be a member of the body politic or not, as to him, on conscientious dictate, shall seem best.

Of course I present not this argument to the State. For to do that would be to admit its rightful establishment; an act of moral impropriety and false logic which we hope to avoid. But I lay it out for the consideration of that large class of minds which is rather alarmed than invited by novelty. I thus show that the “voluntary” principle was clearly and fully recognized, so far as words can prove, by the framers of the Constitution of 1780. Mine is therefore no new doctrine, whatever the practice may be. If the practice has not yet obtained, it is time it should. If men have not yet acted up to their own principles, this is the age to call upon them to do so. These illusions must no longer deceive men; and be the idea of voluntary government entirely new, or 63 years old, or 630 years old, I suppose it may obtain if we think proper, and we shall be determined to that by the conscience which rules us.

That I do not set any very great value on the Constitution under its best construction, you will readily conceive, not only from these particular remarks, but from the general tenor of my communications. Yet there is always a certain advantage in referring to the origin of our political order; or rather we should say disorder.

The first clause of the Massachusetts Constitution declares that “the end of the institution, maintenance and administration of government is to secure the existence of the body politic, to protect it” &c. The end of this renowned institution is to maintain and protect itself! The grand object is not the maintenance, security of prosperity of man; that is only a secondary object, as we shall see, but the great aim in government is its own existence. How well it has succeeded in this purpose we all witness. How ill-well, at what enormous cost of truth, of virtue, or progress, it has maintained its own wretched existence we begin now to be conscious. It is true that it goes on afterwards to say, “and to furnish the individuals who compose it with the power of enjoying, in safety and tranquility, their natural rights, and the blessings of life; and whenever these great objects are not obtained, the people have a right to alter the government, and to take measures necessary for their safety, prosperity and happiness.”

How the government can furnish individuals with any power of enjoyment I cannot very easily divine. That the government can and does in the most arbitrary manner take away the means of enjoying life, we know to be an indisputable fact in the new world as well as in the old. And at such a result we cannot be surprised when we see it plainly avowed that its first object is self maintenance, and to do something for individuals is but secondary. That the first object too is a cruel reality; while the second is a false assumption. Fight for itself it can and does, to the cost, oppression, and if need be, the annihilation of individuals; but as to furnishing any one in return with any power of enjoyment it is a difficult problem; unless is thereby meant the distribution of patronage and public wealth amongst its corrupt members.

Let us look at the first clause in the most favorable manner; let us give to it even a partial construction, such as politicians could not decently go beyond, still how illusive are these State pretentions. How does the State give us the means or “the power of enjoying in safety and tranquility, our natural rights, and the blessings of life?” The power of enjoyment which the State confers it would be difficult to discover. That it neither gives us “our natural rights” nor “the blessings of life,” will I suppose be confessed by its warmest advocates. Our natural rights, whatsoever they are, are antecedent to all written constitutions, and in fact I presume the making of a constitution is the exercise of one of our natural rights. As to the blessings of life the State has not yet pretended to confer health, strength, vigor of mind, moral character, religious vitality, though in some of these latter points it interferes as much as it can, and has assumed much more than it can ever maintain. Perhaps the only reason why the state, in its extraneous benevolence, does not interfere in the purgation of our bodies as well as of our souls is that mankind has ever been found ready enough in that particular to take care of themselves. But that arose in the very circumstance that they were permitted to do so. As soon as men were allowed to build their own churches, they did so more plentifully than ever, as the eyes of any one in this land can testify. Thus too would it happen with all social affairs. The necessity for a state rests solely upon its own existence, like many other such facts. If it had happened that the State had undertaken to physic our bodies, as it pretends to secure our worldly wealth, I am sure it could have found as good reasons for the continuance of such a function as it can for the maintenance of many if not all of its present occupations. So long as there were laws to punish sorcery and witchcraft, sorcerers and witches were plentiful enough. – These crimes ended because the law was repealed; and the law was not repealed because the crime ceased. For we very well know that sorcery and witchcraft abound now just as much as ever they did. But because these foolish and wicked laws are repealed, do not let us fancy we are rid of every legal or political phantom. The cry that “thieves are coming” would perhaps turn out to be as great a bugbear as that “the witches are coming” if we had but the courage to make the experiment: as I am sure that of “the pirates are coming” or “the enemy is coming” already is. And let it be recollected that upon phantoms and phantasies no other than these all this direful machinery of political government is based.

But let us recur to this first clause. As it is clearly impossible the state can give any enjoyment to any one, we must beg on its behalf that it enables the people to enjoy “in safety and tranquility” the “blessings of life,” and so on. It is the “safety and tranquility” for which we are indebted to the beautiful apparatus called government which we have constructed, and which we keep in repair at so princely a cost. ‘Safety and tranquility!’ Where are they? Who are safe and tranquil? Are the government functionaires themselves in the enjoyment of either of these blessings? They say not. – They are in a bustle from morning to night, and nervous all night too, living by excitements and stimulants. Where then is their tranquility? They are perpetually engaged in strategems and devices to maintain or strengthen their political position, which another party is equally strenuous to overthrow. Where, then, is their safety? Tranquility and safety are indeed valuable ingredients in the cup of life; but, for either mind or body, how do our political governments furnish them to us? They have none themselves as they confess. Every man declares he sacrifices his own peace for the public good. In England we see at this moment the government is an instrument for degrading and starving the people by millions. How much worse off would these people be if their country were to be invaded by a hostile army? Surely their “safety and tranquility” would not be unhappily en[d]an[g]ered. In this country, of the “safety and tranquility” we meet with in families, in individuals, and in respect to life and property, how much is attributable to the existence of the government?

As to safety of life and property I have previously shown how little the government does or can do for either; even when it is most disposed to be serviceable; and in this state the government is put so much on its good behaviour that I believe poor thing, that it does its best. As to “safety and tranquility” in an enlarged sense, I believe they are best attained by going away as far as possible from human governments. In both mental and physical proximity this is true. The mind of the man who has given up all wish to inter-meddle in politics is much more tranquil than that of the inexperienced, deluded youth who looks with silly anxiety to become the fraction of a law-giver. Property in the country is much safer than in towns. In the capitals, under the very eyes of government itself, robbery and even murder is more common than in the same amount of rural population; and no device of government, save that of its own annihilation, seems capable of mending the matter. At present, at all events, “safety and tranquility” are attainable on the old geometrical principle of inverse ratio, and are greatest when we are farthest from the seat of government. It is, I believe, a universal perception, that moderate sized or smaller States are best calculated for the management of their own affairs. – The union of North America is constructed somewhat on this idea; which, in contradistinction to that of a vast centralization, is no doubt a just one. By reason of local knowledge, immediate interest, prompt communication and final decision close at hand, the government is much more easily and beneficially managed than if every report had to travel from Bangor to Washington, or from New Orleans to the same centre, before a decision could be had. The “safety and tranquility” of the country would not be worth much under such a system. Why not, then, carry out this principle a little further? Let the divisions be still smaller, by allowing every county to provide all its own local supplies that it possibly can, and, further than that, let the necessity for county legislation be abridged by each town clearing up its own chips to the utmost practicable extent; but, beyond this, let it be thrown upon every family to legislate wisely and virtuously in and for itself. To that “complexion it must come at last.” Public opinion rules at last; and why not rule at first? We might then save all this vast expenditure, and this unseemly apparatus. The acknowledged vices of government would be attenuated to their smallest amount. The moral nuisance of large cities, the creation altogether of the present plan of government, and the profile hot-beds of vice, crime and misery, would dwindle to a more wholesome capacity, and their inhabitants would be disseminated over the land, a blessing and an ornament to their country, the emblems at least of something nearer to “safety and tranquility” than they now are.

A fact showing how far the people, even in this favored land, are indebted to the government for their safe and tranquil enjoyments is now in current report. The Lowell manufacturers finding a resistance to reduced wages on the part of their operatives, are reported to have sent to Great Britain for a supply of their poor factory hands who will be glad to work at the reduced rates offered. You will perceive that such an occurrence would be impossible under a voluntary, or real self-government, which had no custom house and no high tariff to maintain, made for the very purpose of propping up these destructive factories. The circle of misdoing, so evident in Old England, is thus attaining completion in New England. The manufacturers, the joint stock companies, the wealthy, engender the government; the government generates taxation; taxation has its custom house and high tariff, which in return foster the factories, by which the wealthy become wealthier, and the poor poorer. Thus, as of old, and in distant modern nations, the government itself becomes the great instruments in producing “danger and agitation,” under the pretence of aiding the people’s “safety and tranquility. “These, sir, are the actualities of our present system, and not theoretic speculations of your sincere friend,

C.L.
Concord, Mass.

[ Intro ] – [ I ] – [ II ] – [ III ] – [ IV ] – [ V ] – [ VI ] – [ VII ]

Letter Four


[ Intro ] – [ I ] – [ II ] – [ III ] – [ IV ] – [ V ] – [ VI ] – [ VII ]


    Letter IV        April 17, 1843


SIR: Many readers probably will think that so long a note as my last was not needful to prove the positions claimed in it. But these friends may keep in mind that fact that there is a larger portion of society that does not yet see how easy [is] the transition from despotism to freedom, from monstrous to humane government. Almost a priori it might be asserted that all the operations which are limited to the township might be committed at once to the voluntary principle; therefore no very strong arguments are needed for its proof. If the neighborhood will not take care of itself, either on the ground of selfish regard, or on the superior principle of the common good, there must certainly be so great a defect of heart and head that such individuals might not longer to be trusted with the management of their own affairs; and still less should they be permitted to a participation of authority over men.

But as respects the collective body of towns, or that association which forms the State, a different course of reasoning may be considered necessary. Not that this is so very certain, for it might be concluded that if each township provided for its separate wants, the wants of the whole would be provided for, and no further steps need be taken. And why this should not be done, and the whole costly and immoral machinery at once be swept away, by a godlike reliance on man, I know not. If gold may be bought too dearly, that is to say at a greater outlay of gold than you afterwards have in hand, so may State protection be purchased at a greater outlay of moral life and social security than you have remaining after all the labor.

In order that we may meet the questions fairly, and see, step by step, what is the value, if any, which the present political machinery can boast, we should with fairness trace it throughout. In the first place we have to choose a man as a delegate to construct laws for us; to determine what actions shall be criminal, and what consequences shall result from them upon the actors; to regulate the cutting of canals, the construction of wharves, rail roads, lunatic hospitals, armies, navies; and to regulate intercourse with neighborhood nations. To the selection of such a man what a number of doubtful or objectionable steps are taken. What a canvassing, what finesse, what intrigues. What a loss of money, time and temper. And then the antagonism of parties; that old, hollow, but still successful means of stepping into office. – The mischief that all countries, adopting the representative system, have suffered by party is scarcely exceeded by that of the feudal system which it supplanted. To name only one of the serious disadvantages of this system of giving up our own government, the perception now is almost universal that the best neighbors seldom or never are chosen. The best men are not party men, and never can be, and none but a man espousing, or rather chained to one party or other, has any chance of appointment. The best man cannot be selected for another reason also, that the law is so well and freely made, according to its own principles, that the mass or majority of voters are faithfully represented. – The representative is an exact reflex of the power which makes him. But the mass is not the best, and it is impossible that at any time they should be. The very integrity and presumed perfection of the representative system therefore precludes the admission of the best man to those offices which depend on the voice of the mass.

It is not to be denied that men of considerable talent are chosen, as well as many of moral integrity; but it is admitted every where in private that we shall in vain seek progressive and wisely inspired souls in legislative halls. What remedy can be found for this misfortune consistent with the purity of the representative system, it is not easy to divine. Government by the best is an aristocracy. That is the literal meaning of this Greek term. But we do not desire an aristocracy in either the common view of a set of hereditary legislators, or in the literal interpretation of the best and purest selected men. The people desire persons to make their laws who are most like themselves. Idle schoolboys if left to choose their own teachers would make a selection on the same principle as grasping and selfish men choose a representative.

Let us suppose all the unworthy and unpleasant processes of election to be passed. The men are fairly chosen. In due time they are collected in the metropolis, and proceed to business. First, however, comes an adjustment of parties. Intrigue, finesse, and ill-will, commenced at the town house are repeated on a magnified scale at the state house. Business delayed, time dissipated, temper destroyed, wealth wasted there for a day or two, are here extended to months. In the Massachusetts legislature, during the session just closed, how many days, how many thousand dollars, were absolutely wasted, according, not to my assertion merely but by evidence of the members of the representative body, may be seen by any one who will take the trouble to search the records, or to read the newspaper reports. I believe it would not be too much to say the choice of Speaker alone cost 15,000 dollars. And to supply these funds, sane and honest men are to be sent to jail, terrified, coerced or cajoled, for the amusement of a gaping nation, the satisfaction of party, or the corruption of place hunters. But these, it may be said, are accidental evils, and not necessarily parts of the system. They have, however, clung so closely to representation ever since parliaments were invented that it is pretty evident they are essentially vices in the representative plan. “If you would have your work done, do it; if you would not have it done, set some one else about it,” is an adage as applicable to nations as to individual men of business. On calm investigation it will be found as fatal to moral justice to thus make a profession of hireling statesmen as it is deathful to religious love to set up the profession of hireling priest. Nations and people have been unhappily under the representative system, not on account of the defects in its several modes, but because itself is one huge defect. It is actually a defection from the principle of self-government, or conscience government, or God government in the human soul. These are but three expressions for one fact, which, while men, as religionists, profess to uphold, they as statesmen practically subvert. Ideally they set up a goal, but they are determined it shall be no more than talked about, for they put the greatest obstacles in the way of its actual attainment, and denounce any one who seems likely to get over them.

Supposing, however, all these disagreeables, which at least they are, to be overcome, or that they are accidents, let us see what the legislative body actually does. Like the town assembly, the apology for much of what they do is only to be found in their meeting to do it. Like a poor, benighted, oppressed negro servant who in his ignorance and simplicity, makes as much work as he does, these simpleton people are themselves the main occasion for their services. Having run up an account of 15,000 dollars, they must pass enactments to raise the money. But their charges do not end here. Other payments are contrived, and altogether a large sum, say perhaps 50,00 dollars has to be levied. – People do not like to pay so much in addition to their local taxes. Well, then, some indirect contrivance must be adopted which will work easier at the moment, though it will entail heavy consequences. They proceed therefore to pawn the State to the money-mongers, who in the form of banks extract from the people, by the license thus obtained, at least twice as much as they pay over in the shape of taxes, which are apparently imposed upon themselves, but really on the people; the banks being merely the tax-gatherers at the moderate rate of 100 per cent commission. Another most ingenious contrivance for involving the people is that of public works. This is a most consummate gloss. It looks so praiseworthy to promote manufacturing industry, it is so scientific, so civilizing. Canals, bridges, railways and the like, are such progressive, useful, honorable works, that they dazzle or delude easily. So the State encourages these for the common good; and, while the legislators are on one hand borrowing money to meet their own exigencies, they lend money to railway companies on the other. If private adventurers cannot be found willing to undertake these works, it is pretty good evidence against their profitableness. Capitalists are as ready as laborers to lay out their means to the best advantage; and as soon as these works are really wanted they will be erected on private speculation as ships and large ware-houses are built without the especial interference of the State. But these expedients are adopted, like education of children by the town assembly, as a purifying and popular sanction to the existence of the state assembly: with this further motive, that sources of personal income are created by members of influential talent. My feelings upon the subject of these so called improvements is that they are no real advantage to human welfare. I see that if science could enable us in one month, to compass all the sea and land on the globe, we should compass no more virtue or happiness. On the contrary, in most countries the march of manufacturing and travelling skill has been the march of misery. However, it is needful to meet the popular opinion where it is, and I must therefore show that these public works could be erected and maintained without a forced government. Suppose it should be deemed desirable by parties interested that a railway should be constructed over a given space, and further, that they have convinced the capitalists their money might be advantageously laid out thereon, there-then remains nothing but to persuade the land-holders to sell portions of their land for a fair equivalent. If they will not consent, the road may take another direction, where the proprietors are willing, or the execution may be deferred until reasoning or the opinion of their neighbors has accomplished their consent. If the work is clearly a public advantage there will be no dissention, or, if one should be churlish, public opinion will sustain the project against him, and justify as it does now the proceeding of the company. To this ordeal every disputed point on such questions has now to be brought, and it would be as efficacious without the government as with it. In many cases, a legislative enactment, by tying down a public company to certain forms is found so fettering that its protection is a hindrance, and the capitalists prefer to be without it. So in an enlightened community, would it be felt for even the largest public works. As to any assistance which the State should give to specific speculations, America, I think, has had experience enough. It will be many years before the United States can recover the wealth and credit they have lost by thus going out of their way. The fact that national assistance is needed to accomplish any public work is proof absolute that capitalists think it will not give them so good a return for the outlay as other uses of their money. Why, then, should we be taxed, or exposed to taxation, when the first principles of these very political economists are against them? The argument is briefly this; if the work is desirable, it will as surely be done as any other voluntary association is formed. One feels here to be rather combatting against no body; and that the real difficulty lies in finding reasons why the nation should interfere, and not why it should leave alone.

I know of no other legislative acts which present more difficulties to my position than this of a railway, laid down a long line passing through many private properties, many townships, and several States. Lunatic Asylums, Schools, and all establishments of a moral nature should be left to moral control. In some countries you are aware that not a book or a newspaper can be published without the revisal and approbation of the government. A proceeding which to us appears outrageous. Yet we seem to be bound by customs scarcely less absurd. Banking is another amusement which governments play at; and for this game the people have to pay the piper more than once. – Some simple contrivance is loudly called for here. But it is too wide a subject to be now discussed. I may however be allowed to say that if no voluntary association can be contrived for all the honest banking that is required, neither does the present system afford a greater degree of security than obtains in ordinary transactions amongst men, in which no specific government regulation interferes.

The postage of letters and papers is made a national business, and a very great convenience, nay, luxury, it is. But there is no more necessity to take this occupation out of individual hands than that of transmitting large parcels, or the coaching of passengers. Why does not the government force all freightage and passage in the State into its own hands? Men’s lives and bodies are at least as important as education and letters; yet we are left at the care of the stage driver without other guardianship than character. We know that private adventurers would post for us at a cheaper rate, for the government derives a considerable surplus revenue, although they pay their sorters and clerks more highly, because more by favorteism, than individuals would if exposed to competition. Furthermore, we know that such adventurers would serve us quicker, for they do so now, expediting their dispatches with such celerity as to excel the government. In fidelity and trustworthiness I believe also private speculators do, and ever would, eclipse the government, whose servants often purloin money letters; for persons have to earn and to maintain a reputation, about which governments existing by force are much less regardful. If legislators are disposed to try how unimportant they are to us let them give up the post office, and Harnden will convince them.

Most of these particulars are however of an entirely national character. They pertain to the State in respect to its own internal affairs, and may therefore be allowed to be comparatively easy of voluntary arrangement, as the business confined to the town is still easier of unenforced settlement. But we now come to the more difficult question of international harmony, and the method of intercourse with the whole world. Commerce is the sole purpose to be served in this intercourse so far as the State is concerned. Objects of a moral character being out of its reach and cognizance, I say commerce seems to be the sole purpose in foreign communications; for the maintenance of peace, or the carrying on of war are subordinate to commerce. So long as people imagine it is advantageous for them to carry on trade, some regulations seem to be needed. – What are they? First, we have the custom house. Some one, it will be said, must collect the duties; and smuggling must be prevented. But surely all this parade of difficulty may be at once got over by having no custom house, and no tariff to maintain. Why should not a ship be as free to bring her freight of goods to the wharf, and unload without molestation, as a tradesman is to enter any town, and open a store? Why raise a revenue from the goods of one and not from those of the other? To which it will be replied, one is native and the other foreign. Which is a poor answer; for the buyer in both cases is a native citizen, and as a consumer, he, and not the seller, pays the tax. It seems mightily absurd to subject men to hindering forms and rules who come to us with ship loads of wealth. If commerce is good, why shackle it. If bad, why expend so much to maintain it. For all these paraphernalia of State, the Governor, the President, the Ambassador, the Consul, and the many more, are costly articles. It was only for the purpose of making money by this country that England wished to keep it in a subjugated colony; just as that power has been murdering the Chinese. – Our arms were used for political and personal freedom; the British only wanted to shoot us into well-behaved, slavish, hard-working customers who would pay for their wares a hundred per cent more than the articles were worth. We ought to understand that the pretense for this heavy load of a forceful government arises wholly out of our personal appetite for foreign luxuries of diet and dress. If we subsisted and clothed ourselves as we easily could, by native products, we should not be plunged into this difficulty. Ships of war need not be kept afloat to protect merchant vessels for a pure and simple people, who are contented with the products of their own land, avoiding slavery to their own base appetites, and the infliction of slavery on other men. Protection of the mercantile navy has not shown much regard for men when it has protected merchants in carrying over sea whole cargoes of human beings to be sold to interminable slavery. Why, Sir, piracy is not much worse than this. Who will assent that it is so base? It were better we should be without the advantages which commerce is supposed to bestow than secure them at such a price as this. Let piracy no more be committed on the innocent by us; but let us expose ourselves to piracy by our equals, by, in fact, some of us, the white race, and we shall know how to meet it greatly. What have nations to fear by leaving their frontiers open to assault? Nothing certainly from respectable nations. Nothing from the inroads of armies, of books, or of opinions. Let all such come to find what they want. The armed system does not protect the weak against the strong; but the strong defer to the common sense of justice, which even in the most ignorant nations will not suffer governors to go to war wantonly; for, after all, men are forced to be men, and necessarily to have hearts in their bosoms. Nations will not attack notions without a motive; and disguised as it may have been heretofore, we now very well know that wealth was the object. Aggrandisement, by territorial, commercial or some other form of riches has been the impulse to all war. For a sort season, perhaps, the first nation that adopt[s] the principle of non-resistance might experience some inconveniences, just as the first persons who adopted that principle in regard to their own coercive government are now suffering. But suffering and self-denial are the steps to the true triumph. It seems to me quite laughable to talk of a nation being attacked because it left its shores unguarded. A universal proclamation of peace brings not enemies, but friends. The enemy now comes upon us in a much quieter and surer manner. We have no more reason to expect visitations of hostile armies and navies than of giants from fairy land. Even the old monarchies maintain standing armies for the sole purpose of keeping their own subjects in awe, or very little else. Public opinion has at least frowned down aggressive war, though it still permits diplomatic swindling and commercial chicanery.

I have not in this letter met objections on the highest moral ground, because the remark is common that such a position is a mere attraction, and might do well for a condition of man altogether different to the present, but does not suit the case. My endeavor therefore has been to meet the public world where it now stands, and to show that on principles even no better than those now recognised, the world could go on very well without a government forced on every man whether he be willing or not.

Yours hopefully,
C.L.
Concord, Mass.

[ Intro ] – [ I ] – [ II ] – [ III ] – [ IV ] – [ V ] – [ VI ] – [ VII ]

Letter Three


[ Intro ] – [ I ] – [ II ] – [ III ] – [ IV ] – [ V ] – [ VI ] – [ VII ]


    Letter III        March 27, 1843


SIR: The course of our inquiry on this all-touching subject naturally leads us to trace the workings of the present system from one end to the other. Some good at all events must come from this pursuit. For if we should not be enabled to see our way clearly to the abrogation of the entire code, we may at all events take the liberty of sweeping away such portions as are absolutely injurious as well as those parts which could, with manifest advantage, be left to spontaneous action. Political machinery is confessed by its managers to be so far imperfect that the greater part of the time and effort is devoted to patching it up so that it may be able to move with any degree of success or approbation.

In the American Constitution the Town Meeting is the primary spring, the vital element. Abolish this, and the whole fabric falls. Let the townsmen omit to act politically, let them forbear the manufacture of legislators and other officers, and the taper already flickering in the socket will be finally extinguished. The town meetings, to the external eye the mere circumference of the wheel, is the very centre of it, the axle upon which it revolves, and the power which imparts its motion. We assemble in town meeting, our Fathers having heretofore done the like. I and my neighbors choose to come together for certain purposes. What are they? To elect a representative, to be joined by many others from other towns, to make laws for our government. To appoint certain persons to select teachers for our children; to levy rates upon ourselves, and appoint a constable to collect them, and as part of a county to elect a jailor. We give up our regular productive employment, our home duties, the education of our children, the providing of fuel, the cultivation of the garden or field, or whatever the season, in conjunction with our most sacred family and neighbourly relations may render needful. We are gathered together over the business of sanctioning the present social order with all its rights and powers, real or supposed. The first act is to appoint a moderator. – Well, whom shall we fix upon? Why it is a secular business, and therefore not the Priest. But Squire – the Lawyer is a fit person; he has studied the laws, his life has been devoted to the subject, he can advise the town if any difficulty of construction arises, and so we place him in the chair. So far we seem to have proceeded rationally. But we, the mass, are only unlearned cultivators of the soil, or hard handed mechanics, who cannot wield a graceful pen, or round off a handsome speech, so that now the business hitches. The machinery is like a steam engine before the steam is turned on. Some one must bring forward the resolves, and suggest reasons for passing them, and the party names must be patronized by a man of weight. Who so fit as the Banker? He has, or appears to have a great stake in the hedge; he intends to preserve things in good order; so we will hear him. A seconder is wanted. Who can prescribe better than the Doctor? He is skilled in the treatment of the body physical, and if we trust him with our own frames, surely we shall not hesitate to accept his prescription for the body political. So now we are pretty safe. We have secured the guidance of the best educated classes, and we shall go ahead all right. – The Lawyer, the Banker, the Merchant, the Doctor have condescended to take us by the hand, so that we could not possibly be better off.

This, Sir, is no exaggeration of the facts. Enter the town meetings and see. If in all cases these characters do not come prominently forward to the eye, it is only because policy suggests they should keep in the back ground in order the better to carry their point. To the free observer the proceedings in a town meeting are dramatically interesting. These assemblies, once perhaps the seats of truth, of liberty, of safety, have now become a mimic scene, in which the wires that move the puppets are so obvious to all but the acting parties that their sober seriousness, as well as their moral utility, is entirely gone. It is a fact for the historians to note that the most elevated and energetic men of the age, have long ceased to participate in politics. Another fact is sometimes added. Namely that the entire town declines to act in that capacity so far as a legislative representative is concerned. What person of moral feeling reproaches a town for this course? None. It is rather accepted as a symptom of more profound thought and a deeper insight into the moral ordering of human affairs. In such towns the hinderative conservatism of lawyers, doctors, and bankers, is on the decline, and the progressive conservatism of industrious moral thought is on the ascendant. Such men have already adopted some steps towards a voluntary government, and they have only to proceed onwards and attain the whole. They are beginning to be liberated from the farcical incubus of the legal, medical, and pecuniary night-mare.

Now of all those other things which the town does, of which could we not be discharged as safely as from the legislative? – “The Schools,” perhaps it will be said, “must be cared for.” “Education is an object worth any price; and though our political functions involve many follies or errors, yet this item alone counterbalances them all.” Such is the language, such the feeling of many. But how fallacious is it to suppose that any political machinery, any ferocious government, need be set in motion for this noble purpose. Let fact be known to every sincere mind that this mixture of education and politics is only a contrivance to gild the iron chains by which men are so despotically bound. In some of the most educated countries on earth, Scotland and England for instance, the government has seldom interfered in any way, and then its help has generally been that of a bear in the boat, which wrecked the passengers. The true school is doubtless the parental home. The parents who produced should educate the children. All that is now accomplished by a forced taxation to secure that information to the children which they are denied at home could as well be done by a voluntary union amongst the interested parties untainted by that demoralizing force which compels a parent to contribute who is able and willing and does devote himself daily to the education of his offspring.

This impertinent assumption of men in town-meeting assembled is most gross. – What pure mind could ever conceive of so immoral an act, so dark and foul a piece of education as sending a man to jail in order to raise funds for the moral education of children. The plan is as absurd as it is vile. The only argument in behalf of national education is that ignorant parents would and do neglect their duty to their children, so the State must step in. I do not see why the State has not the same right, and much better arguments, for interfering in individual affairs at an earlier stage, and either forbidding such unqualified to marry, or passing them through a needful previous training. There would be more propriety, kindness and consistency in such a course. If education be enforced as a preventative of evils, let it become thorough, let it begin at the beginning. But even now an ill disposed parent is not forced to send his children to school; he is only forced to pay. So that this important part of the work is left to the moral influence of the neighbors; and why could not the money contribution be committed to the same influence? The existence of the town school determines the fact that a majority amongst the neighbors are aware of the importance of education, and therefore they need not coerce themselves; and if they have negligent fellow townsmen, should they rather set about awakening them. Never was there a greater absurdity than to pretend to enfranchise the human mind from ignorance and bad passions by force. Love alone can aid in this work, and therefore the sooner the town ceases to force any one against his conscience or spontaneous will to pay a cent towards it, the sooner they will really commence the business they aim at.

Such perceptions naturally excite another, of no small importance; which is the inferiority that will always mark a national education compared to that which results from open and free operations. Every measure touched by the hand of the State, or by any corporate body, if it be only a few annually appointed select men, acquires a fixedness which chills it to a corpse-like rigidity. France, with all her national and royal patronage of manufactures has rarely been able to equal the English productions brought forth by private enterprise and skill. Our education, cut down to a few formalities which the ill qualified inspectors understand, or presume they understand, is in its effects upon its victims, much more like the lightning shock which blasts the tall oak to a blackened stump, than the glowing sun which expands every bud to a fresh and cheerful green. The teachers are cut too pattern. Genius dare not show his face. – A man of new ideas would alarm the clerical, legal, trading spirits under which something nicknamed education, is now used to beguile the people. Thus instead of helping the people forward it keeps them all down to a low standard. That this is the general estimate is proved by the fact that most of those parents who can afford to send their children to free individual academies do so. I know of few better steps immediately practicable than that of throwing open education throughout New England to the moral and intellectual energies of the teachers, and the senses of duty and self-interest in the parents and the public. It does not sound very graciously towards our teachers to say that their qualifications would not attract scholars. I had not the design to dwell at this length on the item of education. But I perceive that it is important in many respects. Education is in itself so holy a pursuit that all our ideas concerning it are of an elevated character, and in spite of the glaring facts which render it obvious that much is going on about us of any, rather than of a holy nature, yet the mere name has some charm for us, and we are lead away by imagination to hopes which are never to be realized. But let us give up this hateful coercive system. Children will find their way to school where love teaches the lessons, as readily as adults find their way to the church where the voice of love alone is heard. Selfishness and force keep away the tender and kindly from both halls.

Inspection and repair of Roads, is another purpose for which we constitute ourselves a corporate body under the coercive system. On this subject very few words are needful to show that such a mode is altogether uncalled for. The roads are now in a state by no means remarkable for facility in travelling; and that owners of land and houses would neglect to keep up the roads to a state most profitable for cultivation and convenience of travel is to suppose that they are at once careful and careless of their own interests. Putting aside the fact that the common road might, like the railroad, be made into a shop keeping business, and paid for by every one who used it, we have a basis enough to rely on in knowing that the same cupidity which makes a man a land owner, prompts him to improve its value in every possible way. – The high roads are now not made by all who use them; we do not tax the transient passenger, and it is not conceivable that men who as neighbors voluntarily combined for road making would be less liberal than the same men in town meeting assembled; or than they are when they subscribe to a church or a lyceum. In some cases the truth in these views has been so far acknowledged that the road rate has been separated from the general levy and paid in labor or cash as agreeable.

Another item in this political account is to make a provision for the poor. Of all the objects for which money or means can be collected surely this may be left to human hearts to attain without coercion. – Anything I know is better than that the innocent, aged, helpless poor should suffer. It is in the very sincerity and intensity of that feeling that I am able to declare that the town need not trouble itself to come to a vote on the subject. I am fully alive to the arguments pro and con on the subject of poor laws, but whether the balance shall be found in favor of combined action or of individual and private donation, quite sure I am that charity cannot be sustained by force. There is no charity in raising money by force to put the care of the poor people up to the best bidder; that is to say to place them in the tender mercies of a person who will feed them at the lowest rate per head. Townsmen cannot do such things on charitable principles. They support themselves in it by arguments of selfish economy. We all know how hateful is the very name of poor-house to the rightly ordered mind. – Every man who is a party to its provision for others, shuns it as the lowest degradation for himself. Each voter is well aware how little the charitable spirit dictates his vote. True charity would prescribe a very different course. That superior feeling which desires not to tell the left hand what the right hand giveth would find other means for opening the sluices of a grateful heart for present benefits. It would bestow in a neighborly and delicate manner suited to each individual case, whatever would be spared of these external necessities; and accompanied withal by that personal kindness and affectionate expression so needful in such cases, and which never can be entered in the contract with the poor house master, at so much per head. I think I do not assume too much, I hope I do not, when I say I have broken down all the pretenses for the town taxation so far as its own local affairs are concerned. There remains, however, the other side of the case to meet, namely, that of electing individuals to form the more expansive political body called the legislature, including the governor. This duty remains to me, although some towns already omit to take part in this procedure; because it may be said that the general operation still goes on, and they are virtually represented by the members from neighboring towns. It may not be needful that every town should be represented at the State house, any more than it is needful for every citizen to be present at the town house. – We have therefore to trace, as well as we are able, what the results of the present system are, and what would be the probable consequences of a total abstinence of the citizens from the ballot box. The ancients voted by putting a bean into the vase; hence the saying of Pythagoras to his disciples “avoid the bean.” A precept we must take a subsequent occasion to discuss, as these remarks have extended to sufficient length for the present.

Yours, faithfully
C.L.
Concord, Mass.

[ Intro ] – [ I ] – [ II ] – [ III ] – [ IV ] – [ V ] – [ VI ] – [ VII ]

Letter Two


[ Intro ] – [ I ] – [ II ] – [ III ] – [ IV ] – [ V ] – [ VI ] – [ VII ]

 


    Letter II        March 7, 1843


SIR: In my previous communication I endeavored to show that the idea of the present organization of political government being protective of the persons of its citizens from assault, violence, or murder, is quite fallacious. I believe I succeeded in demonstrating that fact to many who, having taken the supposed axiom upon trust, that governments are instituted for the protection of person and property, have never bestowed one thought upon the subject. Our remaining inquiry is, “What protection does social political government afford to property?”

Curiously enough I had just written the above sentence when, as if to confirm the statement made in my last, the news arrived from England of the design of an individual to assassinate the prime minister, Robert Peel; but which resulted in the murder of his secretary Drummond. Here was the very instance occurring at the time I was writing of the incapability of the political organization to protect its own chief officers. Peel is the very head and front of the Police. He instituted its present form when in office twelve years ago, and we see it can do nothing for his protection. He only escaped with life by the mistake of the murderer, who thought the secretary was the principal. – These are the cases which bring the question to issue. No external coercion could prevent such a crime. The crime is indeed generated in and by the government itself. Had there been no such contrivance this murder would not have taken place; the assassination never would have been contemplated. We shall bye and bye discover that in more instances than this, the existence of a force government itself is the prolific generator of a long catalogue of crimes.

But to recur to the question of property protection, let us inquire what the government does or can do for it. If I am possessed of land by inheritance or purchase, it is registered in the appointed office. If any antagonist claim is set up, I appeal to the record, and the court confirms or annuls my right. But whether by a single judge or a full jury, I am at the mercy of the court and of its intellectual power and moral disposition. The glorious uncertainty of the law is a standing comment; and it is evident that if decisions were quite clear and certain beforehand, no one, or at least no two persons, would be so absurd as to go to law. – Where laws and lawyers abound, injustice must be common. The even current of justice leaves the law court a desert. While man securely grows the corm in his homestead the grass also grows over the steps of the court house. If the possessors of Westminster Abbey had done their duty, the courts in Westminister Hall would have been tenantless.

This, then, is a costly and hazardous defense, for protection it is none; and I do not see why I could not rely upon my neighbors to be the jury in such a case, as well without a State Government as with one. The willingness to arbitrate is generally a good omen. My neighbors know my character, my estate, my property, my rights. Granting for this inquiry that man may justly hold property, I see no more difficulty in deciding a case of large amount than the question of a toy between two children in a family. Congregated neighbors have even more than a parent’s outward authority, and it is only the unjust man who refuses constantly to expose the state of his worldly affairs to anyone who takes sufficient interest in them to inquire. Why should these things be made secret? Men expose their vices; often without shame. They may expose their wealth without fear. A wicked man may keep the lawful owner from his estate, it may be said, by cajoling his neighbors or some other trick. I think it unlikely; and if practicable, the innocent and injured are now subject to greater injustice by party judges and juries, by prejudice and popular feeling. A voluntary court called together, when wanted, would certainly be superior to the present system.

Laws, it is said, are made for the preservation of the weak against the strong; but who has ordinarily found them to work in that manner? Practically we know that the result is otherwise. The strong have made the laws and by their strength also they maintain them. The strong always will endeavor to generate force by force. It is their nature, and they only bring a little cunning to their assistance to render their burdens more tolerable to the weak. – The mercy which strength shows to weakness is just the amount of protection which the weak and poor find in the laws. The most considerate jurists in Christendom admit that the present system of government is merely a refined or polished brigandage. The strongest band is the supreme nation, and the strongest brigand in the band is the monarch. It is not probable the results of civilization could be better than its origin, and the origin was not love nor skill, but force; neither have the additions since made originated in love, but in cunning, that is to say in the dishonest side of knowledge.

Take the case of personal property as it is designated. Government, with all its pretended parental care, leaves every owner of wealth so much exposed, that besides paying taxes and local rates to a considerable amount, he is obliged to expend a large sum of money for locks, bolts, and other defenses, and if the property is very portable, such as gold, silver or paper money, – he cannot either by night or day leave it unguarded. We see by this simple fact how little they who most willingly support the government, they who in fact are the government, I say we see how little, when it comes to actual practice, these parties rely on the government for protection. The wealthy know intuitively how the State preserves their property, as the negro knows practically how it preserves his liberty.

Proceed to a case of attack upon property. – How does the State behave then? A citizen’s house is broken open; he is robbed. In spite of all his care and his payments to the State, his worldly goods are taken away. He finds at all events that the Police is not a preventive or truly protective one. He applies to the executive. Does he obtain restitution of affirmation of his loss? Oh no! Government has so educated its citizens that it has no reliance on their words in such a case, and an individual deprived of his entire property is left naked by this protective government. The utmost the State will or can do is to take his depositions and descriptions, and to seize the thief if the robbed citizen can point him out. Leaving the latter to expend more property, if he can obtain it, in prosecuting; when, if the identical articles are discovered, and if the accused be convicted, and if the loss of time and the expenses do not exceed the amount recovered, the despoiled may be said to be partly reinstated. But what an array of “ifs” and contingencies for a man to work his way through! And into what dark and dirty places will it not lead him! And, when successful, what better has he done than aided in adding another convict to be reckoned over in twenty ways by wondering statists who themselves are undetermined whether or not crime is increased by punishment.

In fact so reckless, so thoughtless, is the present system that it has scarcely one affirmative principle to support it. Such as it lays claim to in words it no more carries in effect than it does when proclaiming personal liberty for every citizen, yet denies it to some because they have a darker skin.

Pretty nearly all minds are now convinced that prisons, that receptacles provided for malefactors by the State, were schools for the education of men in crime. Let us grant that no longer are they so in any eminent degree; yet let us ask whether the State itself, as at present constituted, is not one large school for crime? Its foundation is force, its argument is force, its practice is force. No diviner principle does it recognize. It will obtain all the power, all the wealth, all the territory, commerce and control it possibly can. It does nothing by love, by moral suasion, by unbought attraction. They are considered the best supporters of Government who are most like unto it, and to be a supporter of government, we are constantly told, is the great aim of every good citizen. Immediately around the government is of course gathered a circle of men who are actively engaged in acquiring as individuals all they can by any recognized forceful means of hand or head which they may possess. Round these again are other circles of men who, in like manner, adopt the grasping system in modes less nice or refined than those of the inner circle. And so on it proceeds, until a class is generated who exercise their organs of secretiveness in another mode, not more dishonest, and prey upon the classes who have generated them. In order to some pretence of virtue and honesty, all the other classes of cormorants join in prosecuting this last class of dark feathered birds, and occasionally cage them, so that they may learn to be more wary and clever in their plans. For no better effect seems yet to have ever resulted from that system of the forceful unloving treatment of the depraved which is carried on under the pretence of their reformation and the public protection. Neither of these purposes has it yet attained. Factitious and artificial pain, urged by man upon man, beyond the natural consequences flowing from any actions, must generate a greater degree of depravity; or, in other words, must make the criminal a more determined antagonist against the community which treats him in this ungodlike manner. So that it becomes evident to any one who bestows due consideration on the subject, that the government system tends constantly to make matters worse instead of mending them. Governments of course have no objection to this. They live by it; their existence depends on it. Had we no thieves there could not be even a pretence for thief-catchers; there were no crimes, either social or moral, governments of a political character must cease. Their craft is based on vice; the foundation, like the superstructure, is wickedness. The contrivance works in a circle, into which it is difficult to effect an entrance.

It has for a long time past been seen by many minds, and is always confessed by the candid, that if mankind were honest, the present police system of governing would be un-necessary. It is only tolerated as a check upon the depraved, in the character of the constable. And it can only be upon the sense of depravity in any one’s own heart that there can be any consistent support given to such an institution. Every consciously innocent man must declare that such a contrivance to keep men honest, such a piece of machinery to make men preserve the right track is altogether a waste of human energies. He who is himself really honest will not be afraid to trust his fellow man without such fetters; he who is essentially pure, though he not yet have realized the sentiment in every outward act, will not wish for so hateful and degenerating a system. A man with but a tendency to good, who desires to possess no other property than he may with healthful consequences to himself and all mankind, will not support such a system. He will turn his back upon it, he will not perhaps attack it, but he will let it die out as quickly as it may.

Quite pitiful is it to witness what a miserable and deplorable business mankind pervert human life into by this false idea, this vain pretense of maintaining social virtue. Every thing, every pursuit, every function of our nature is so fenced round by forceful institutions that after all its boasted freedom the spontaneous and youthful spirit of America has to look around and ask where this freedom is. Neither in blacks or whites is it very self-evident. The whole plan is like a checker board where one is checking another in wrong and no institution can pretend to be promotive in a positive manner of virtue and healthfulness. Indeed the highest boast of American statesmen on behalf of its Constitution is that it is “a most admirable system of checks and balances.”

We must take up this subject largely; and, as our reforming ancestors did, in a new spirit, in the spirit of newness. We will trace the workings of the present order from the elementary town meeting up to the legislative assembly, and to the ultimate complication of diplomatic subtlety and international communion. – We need not to be afraid of doing too much good. Neither should we be intimidated by the frown of priests, lawyers, law makers, judges or merchants. These once employed kings and governors to frown virtue down for them, and still do in drowsy Europe; but here they are obliged to do their own bugbear work, which we may safely prophecy they will not much longer have the opportunity of doing. It seems very much to be forgotten that the present institutions are the work of our own hands, and that we may amend them as soon as we know how. Let us not worship an idol which we have set up. Let us not act as if human beings came into the world by some fortuitous process of which we know little or nothing, and that some are so ferocious that they can be no otherwise treated than to be hunted round the earth; hunted, caged, and slaughtered. Human life on earth originates in the family, from the bosom of love, through the tenderest sympathy, and the highest interior bliss. Can it really be needful to encounter the offspring from such a source with the direful weapons of present society? Is it necessary or salutary for me and my neighbors, for my children or their children, that we should uphold such a scheme of taxation, force, fraud, guile, treachery, imprisoning and fighting as the popular system of government presents? I think it is not, and I shall endeavor to show that it is not, if you favor another communication from

Your sincere friend,
C.L.
Concord, Ms.

[ Intro ] – [ I ] – [ II ] – [ III ] – [ IV ] – [ V ] – [ VI ] – [ VII ]

Letter One


State Slavery – Imprisonment of A. Bronson Alcott – Dawn of Liberty

[ Intro ] – [ I ] – [ II ] – [ III ] – [ IV ] – [ V ] – [ VI ] – [ VII ]


    Letter I        January 16, 1843


SIR: Another stone in the old castle of human wrongs has this day been loosened, of which you and your readers will be interested in learning the particulars, if, in the unavoidable excitement of the occasion, they can be reported. Thousands feel the inequity of the incorporated state system as keenly as the millions have felt the incompatibility and baseness of the incorporated church system. A forced church, a tyrannous love, has long been felt to be no church and no love whatever; and not a few persons in this country, as well as in all other parts of the world, are fully prepared to suffer violence, persecution and death, rather than commit any act to support such false and forced Christianity. But of the numbers who feel that the State, when it calls upon us by its club law, its mere brigand right of a strong arm, to support guns and bayonets, murderous armies and navies, legislators, judges, jailers, executioners, teachers, &c. &c. no one has yet, it seems ventured to act upon the conviction, and passively endure the consequences, whatever they might be, of a faithful adherence to principle. It is often said, that in a condition of society where one is obliged to let pass so much that is immoral, it is not worthwhile to undergo so much inconvenience as close imprisonment on account of State prosecution.

Very different to this, however, has been the feeling of A. Bronson Alcott, of Concord; and being convinced that the payment of the town tax involved principles and practices most degrading and injurious to man, he had long determined not to be a voluntary party to its continuance. Last year, by the leniency of the collector in prepaying the 1.50 dollar, the question was not brought to issue, and only the humblest instrument of the State was subdued, in so far as he declared the law was too base for him to execute. This year, a step further has been gained. By the system of putting up the collector’s office to public auction, and accepting the man who will do the dirty work for the lowest per centage, the town is pretty sure to secure the services of the most suitable instrument of its tyranny. When the citizens generally shall take the trouble to look into the law and the circumstances of this affair, they will shudder at the slavery to which they subject themselves; and the sooner they do so, the better; for greater oppressions than any they have thrown off, have grown from smaller beginnings.

This year, a collector was appointed, who could execute the law; and although no doubt it wen hard with him to snatch a man away from his home, from his wife, from the provision and education of his little children, in which latter he found Mr. Alcott serenly engaged, he nevertheless did it. He witnessed, with his own eyes, the little hasty preparations to attend him to the jail, the packing up of a few personal conveniences to ward off the inclemencies of the season, and yet, with no higher authority than the general warrant in his pocket, which, without particular investigation, trial, or inquiry, hands over the liberty of every townsman to his discretion, he took a fellow-citizen, an unoffending man, to a long confinement.

To the county jail, therefore, Mr. Alcott went, or rather was forced by the benignant State and its delicate instrument. Probably the authorities anticipated that if they showed a rigid determination to enforce this old monstrous system, a weakness would be discovered somewhere; that domestic attractions would be too potent; that wive or friend would interfere, and pay the money. But they were mistaken. A virtuous man is not often surrounded by friends who would persuade him to desert his conscience, and turn his back upon moral principles, just at the trying moment. In this case, at all events, no one was unwise enough so to act. Having worked up to this point, it appears the enemy’s courage failed. The constable collector having brought his victim to the jail, the next step was to find the jailer, who appeared to be not at home. A considerable delay ensued, during which the prisoner, of course, waited patiently; and after nearly two hours had thus been passed, the constable announced that he no longer had a right to detain his caption. – On inquiring how that happened, he said that both the tax and costs had been paid. To the question, by whom the payment had been made, he replied by naming a gentleman who may be regarded, and who would willingly be regarded, as the very personification of the State. In these facts, humble as the individual and the circumstances may appear, we have a wide and deep subject for reflection, which I trust you will not permit to pass in a barren manner. This act of non-resistance, you will perceive, does not rest on the plea of poverty. For Mr. Alcott has always supplied some poor neighbor with food and clothing to a much higher amount than his tax. Neither is it wholly based on thee iniquitous purposes to which the money when collected is applied. For part of it is devoted to education, and education has not a heartier friend in the world than Bronson Alcott. But it is founded on the moral instinct which forbids every moral being to be a party, either actively or permissively, to the destructive principles of power and might over peace and love. Suppose this tax were levied by the town in its caprice, and the full value of the amount were to be returned the next day to each payer in bread. Would it not be a sacred duty in every man, in the virtuous integrity of his nature, to deny such a proceeding? Doubtless it would. All but the meanest souls would thereby be raised to dis-annex themselves from the false and tyrannous assumption, that the human will is to be subject to the brute force which the majority may set up. It is only tolerated by public opinion because the fact is not yet perceived that all the true purposes of the corporate state may as easily be carried out on the revolutionary principle, as all the true purposes of the collective church. Every one can see that the Church is wrong when it comes to men with the Bible in one hand and the sword in the other. And is it not equally diabolical for the State to do so? The name is of small importance. When Church and State are divorced by public opinion, they still may carry on an adulterous intercourse. Then, look at the peculiar law in this case. When a debtor is imprisoned by an ordinary creditor, he can be bailed out, and have considerable liberty to employ himself, preserve his health, and the like. But the impersonal town is an inexorable monster, and permits not his debtor to quit the prison walls. He is treated as a convicted felon. No trial, no jury is permitted him. Many are the points worthy of consideration involved in this uncouth, barbaric, unchristian state of the law; and I earnestly trust you will not allow the occasion to escape your enlightened and benevolent pen, nor fail to inform the public at large of the facts.

Yours sincerely,

C.L. Concord, Mass.


January 28, 1843


SIR: A typographical error in my communication inserted last week, impels me again to take up the pen upon the comprehensive subject of a voluntary government. In the fifth line from the bottom of the first column, the word ‘revolutionary’ is printed, instead of ‘voluntary’ principle. As the word revolutionary is rather alarming to some friends’ nerves, it is of importance that the reader’s mind should be disabused of any imagination, that violent proceedings are recommended or contemplated. In as much as the principle of universal charity is quite opposed to the principle of brute force, the proposed new basis for social action may be said to involve a revolution; that is to say, a something on the other side of the moral wheel. But nothing can be more clear, than that if the new plan is to be brought into the actual world, it must be only by kind, orderly, and moral means.

I am not unaware that it may require some time to render this thought familiar to the public mind; but I see very plainly, that the more the practicability of immediate abolition of colored slavery is considered, the sooner all will be brought to see that really there is little hope for its success, until we entertain this question of the larger evil, of which colored slavery is, in fact, but a consequence. Let us suppose that success should attend the present abolition efforts, and all the colored population are liberated, or are at least what we call set free; still, this master evil, this monster tyrant will remain. Whereas, if we could but penetrate, at once, to this deeper, this more radical vice, the shallower crime would at the same time be dried up. Let us imagine the colored man turned from a forced workman to a hired laborer, what will be his condition? Will he not, by reason of his present notions, and our false state of society, fall into that degraded position, in which the Irish laborer is found? Slavery, we know, is the Ireland of the United States. It is the machinery by which one portion of the race has, in almost every age, oppressed another portion; and the transference of the colored man to hireling servitude would leave him a bondman still. Why then should we aim alone at the mere modification, when with as much ease we might carry the whole question? Nay, not alone with as much ease, but with more. Thorough virtue is more easily sustained than any compromise, if we have but the valor to set about it. In this case, a new class of persons will become interested in abolition. The circle will be widened, the numbers augmented, the feeling deepened. In comprehending white freedom as well as black, the white man as well as the black will be heartily engaged in the great cause of human freedom. Coadjutors, who feel deeply because the question comes vitally home to them, will be actively enlisted. This, Sir, is the little wicket gate, by which we must enter the straight and narrow way which leads to universal liberty. As soon as we see this, we shall vigorously and successfully struggle out of the slough of despond. Every abolitionist must perceive, by this time, that the great obstruction to colored freedom consists in this very fact of government, not of charity, but of force. The State and its intrigues, its place-hunting, its office-seeking, is at this moment the only serious obstacle to that freedom, in favor of which public opinion is even now strong enough, if this hard, compacted hindrance did not stand in the way. Moral feeling, I declare, Sir, is at this hour clear enough, potent enough, to carry this small step, this triffling section of personal freedom, were but our brute force government superseded by a voluntary government. The State, not being a person, can be carried to any tyrannic action without any remorse. There is none to blush for it. It imprisons without inquiry. It punishes without trial, either by jury or solitary judge. It converts and perverts an anti-slavery constitution into pro-slavery conduct. It does things daily without shame, which no individual in it could do without soul-stirring contrition. It involves a system which absolutely shuts out the best men from public life, and selects only the mediocre, such as are capable of being used as tools and instruments. It pretends to defend person and property, and is the first to invade them, and that also in a more brutal manner than it allows to any of its individual members. Let the people recollect that it is themselves who have made and who sustain this dragon, which respects or disrespects, holds up or tramples down written constitutions, just as slaveholders shall suggest. Away, then, with such a delusion! There is no safety for a person or property, while a government by force exists. Let us supersede it by one of charity. Let us have a voluntary State, as well as a voluntary Church, and we may possibly then have some claim to the appellation of free men. Till then, at least, we are slaves.

Yours, dear friend,

C.L. Concord, Mass.


February 21, 1843


SIR: The idea that the business of a nation could be carried on if it were left to the free judgment in every individual to support it or not as to him seemed best, must no doubt appear at first sight to the ordinary politician as most chimerical. But this is the fortune of all new ideas; and happily we are now-a-days too much accustomed to new and progressive thoughts, to be stopped in our efforts to carry them out by any such vaporish charge. I have no doubt if we can succeed in attracting due attention to the subject we shall soon have the charitable feelings and sound thoughts of the country on our side. If it were not that we are so accustomed to the present mode of life as to overlook its incongruities, disharmony, and injustice, we should be impulsed at once to demand “Why should we have all this complicated and costly machinery of government?”

The purposes and pretences for which the representative system of government has credit, it wholly fails to secure. Nay, in many instances, it is the foremost actor in breaking the principles it declares it exists to maintain. It professes to be a defence for person and property. Whenever, the propriety of maintaining the government is questioned, the first prompt remark is that neither person nor property would then be secure. But how does it preserve person? Whose person is more secure under political government than it would be without it? Whom does it guard? From whom does it ward off the consequences of anger, hatred, jealousy, revenge, or the many other passions which occasionally boil up in the human heart and impel the hand to strike? Not even the very first executive officer, the royal or presidential head of government itself, is exempted from personal assaults of this kind by any governmental power. No guards, guns, gendarmerie, police, nor any such contrivance, can protect a Louis Phillippe, or a Victoria, from an enemy’s or maniac’s hand. Still less can it accomplish preventively for the person of any private citizen. The notion of actual prevention is, then, quite ridiculous. But when the advocate for coercive government is brought to this point, he admits that by actual temperate and kindly prevention the political government is altogether powerless; and that it is only by terror, by the force of example in the imposition of pain on previous offenders, that it can be of any effect whatever. Now, let any rational man answer the question whether this is any personal protection. The head of the decapitated murderer will not fit the shoulders of any murdered brother. A man is not much benefitted by the knowledge in his dying moment that his assassin, if caught, will be hanged by the neck until he is dead. No man strikes or kills another without a motive. Individual persons so not murder for amusement, though governments and nations do. And the fact is, that terror of punishment ceases to have any effect just when it is most needed, that is to say, when the passions are unduly excited. Indeed it has no such result as prevention at any time that personal safety is jeopardized. Men are not restrained from murder by the fear of external punishment, but by the internal governor. Just to that degree in which a consciousness of the divine government is developed in the individual is he restrained from destruction, violence, or wrong to his neighbors. There is no other preventive of crime. We may go on, as nations have gone on, to add capital offence to capital offence, making so many crimes punishable by death that the whole code is wet with human blood, and one would think the hangman enacted the laws; but in the way of prevention all this is vain. Nations have done this, they have built up systems which by their spirit we might suppose had been dictated by Jack Ketch and his associates. And what has been the consequence? Surely not an increased protection to person and property. No; but such an utter repugnance to have any participation in so sanguinary a scheme that innocent victims have rather been content to remain at the mercy of the depraved than prosecute them unto death. Coercive governments have bid high in blood for popular support; but the very excess of their offers has disgusted the people. It is to be hoped that this disgust will be increased by the growth of moral power and perception in the nations; that it may not only be applied to capital punishment, but be extended also to ordinary punishments. Revenge or retaliation is a principle which cannot prevent crime, but must rather increase it. Retaliation is itself a crime. And a grosser crime than original attack. The nations, that is to say the moral people in them, have discovered the tendency of governmental force with respect to the prevention of personal offences. They have discovered that an increase of force so far from affording an increased protection has led to a diminution of it; and that the protection of the murdered, and the reclamation of the murderer are alike futile by the hanging of the latter. A little more consideration will lead to the just conclusion that pain inflicted after the committal of crime is altogether a failure in the prevention of offences. What is true of the extremely heavy is also applicable to the middling and lighter crimes. This argument need scarcely be here followed out to its further ramifications. Although at first sight it may appear to be quite fanciful to assert that a force government does not and cannot protect the subjects of its pretended solicitude, yet a moderate extent of thoughtful investigation soon opens the mind to the undeniable fact. Nay, we may go a step further, and from the recent case of Mr. Alcott, as reported in your paper, assert that on some occasions the government itself is foremost in attacking the sacred right of personal liberty. Because this citizen as a man, as a christian, has conscientious scruples in doing aught in support of a government which spends people’s money on prison, gunpowder, halters, and the like civilized gear, that very government lays violent hands upon him and imprisons him for a term only shortened by its good will and pleasure. Why, sir, the supposed wild and lawless red man, whom we have exiled from his native forests, could do nothing worse in principle than this. He left the result of personal assaults unavenged, even when it amounted to murder. – So too perhaps would the untaught Irishman, and the Scotch Highlander. But nothing so bad as to attack in a body the most meek, inoffensive, and well-disposed of the community ever entered the minds of these “great untaught.” But the iron-hearted system does not limit its depressing despotism to the case of a total denial of its right divine. This is a sort of high treason which might be expected to arouse its ire. But it also takes into its vengeance any partial denial of its purity; and, on smaller occasions, thunders forth its unrelenting anger. When a young man, happily conscious of the wickedness of learning to shoot his fellow-creatures, refuses to be drilled, and to bear deadly arms against the innocent, the guns of the willing are pointed at his head, and long imprisonment, as the lightest expiation, follows. Such a mode of protecting the persons of its citizens, of respecting their native feelings, their purest sentiments, seems abundantly curious, and difficult of reconciliation with our intuitive moral precepts.

Many years have not elapsed since we were in a like predicament regarding the church. It is still thought in some countries that a legislative enactment, a procedure of collective man, is necessary to the due upholding of Divine laws. Some people still think, or pretend to think, that communities and nations can be made religious by act of parliament. We have, however, beneficially escaped from this unworthy predicament, and it is not a very profound foresight to prophecy that we shall soon be rid of the one in question. We prefer a voluntary church as the only true church. We shall shortly devise a voluntary political organization as the only true State. Human beings, we are now convinced, can not be rendered more fit for heaven by human coercion; neither can they by such a contrivance, be better qualified for a true life on earth. In fact, the goodness and qualification for one are the same as for the other. They both spring from one sentiment, from one state of being. They both originate in the religious nature in the human soul. This nature above all others, is out of the reach of external power. Government may only lay hold of men’s bodies, their carcasses they may imprison, and even their minds they may, by education, do something towards impressing with particular doctrines, and, through public opinion, some influence is occasionally produced on the sympathies and moral sentiment. But, for the latter, the contrivances must be very delicate and their appliance very quiet and subtle, or they will fail for their end. And for a man’s religious being, for the inmost nature, the deepest good within, coercive government ever has and ever must fail. The sensitive plant coils up not more quickly at the human touch than does the religious element on the application of the smallest particle of violence. Not only political government, but social force, the power of a sect, shall in vain assault the sacredness of soul. No: not even a parent’s care over his child may by force extend to this sphere. It is holy ground, an on one may stand thereon with rough shod feet.

If it were safe to abandon force with respect to the maintenance of religious belief, surely it is no less salutary to give it up in reference to religious conduct. All conduct is either religious, or should be so. If it be not it happens because force has profaned it. If, in respect to the church, we can leave it to men’s free will to support it by word or money as they deem proper, most certainly we shall be right as men are now constituted, in leaving political and social economy to their good sense. Worldly minded as men are now admitted to be, it cannot be probable that they would fail in supporting a system which they thought protected their worldly goods. Religious opinion is a thing which by no external means men and women are compelled to declare; yet, so strong is the spontaneity in this direction, that upon most occasions a public feeling is manifested which includes every one. If it be said that many are compelled by force of public opinion to subscribe in money and submit in behaviour, we can prove on the other hand, that many are carried, by a pure zeal, much beyond the point which the public voice demands; and it is in fact that perpetually fresh zeal which is ever creating and keeping alive the public opinion which is said to draw in the luke warm.

May we not then boldly ask whether it is probable that men who are so ready to maintain the things which are unseen, would spontaneate less on behalf of the things which are visible? If the love of peace, of our fellow citizens’ good opinion, compels men to pay so handsomely for churches and spiritual protectors, why should such motives fail for a similar result when their persons and worldly property, which are open to all men’s eyes, are concerned? It is not possible that men of property would neglect an institution which protected their property, any more than they now neglect to insure against loss by fire without an external force to compel them. It is clear that this argument entirely fails. No one believes in its validity. At all events if the government itself had any faith in this imaginary axiom that it (the government) is necessary for the protection of person and property, its members would at once give up all coercion employed for its maintenance, and rely on the self-interest of persons and of property holders for support. – This low motive of self-interest would singly be sufficient to bring in all needful supplies, if there were any veracity in it. But there is not. And however axiomatical, or self-evidently true this sentiment may once have been, it is now worn out, and should be discarded. It has now no more a legitimate place amongst us than our great grandfathers’ three cornered hats and tye wigs which kept their heads so warm.

Much more may be said, and I apprehend from the deep seated position of this delusion must be said, in order to awaken mankind to a due sense of their degradation and loss; but possibly for this occasion I have said enough. If I shall succeed in calling the attention of thinkers to the subject, some of them will perhaps find leisure either to confirm or disprove the position I am endeavoring to establish. In the meantime I remain sir,

Yours, very respectfully,
C.L.
Concord, Mass.

[ Intro ] – [ I ] – [ II ] – [ III ] – [ IV ] – [ V ] – [ VI ] – [ VII ]

Charles Lane: Voluntaryist


by Carl Watner

[ Intro ] – [ I ] – [ II ] – [ III ] – [ IV ] – [ V ] – [ VI ] – [ VII ]

Charles Lane, author of the letters collected in this book, was a special sort of libertarian. He was a radical abolitionist of the voluntaryist persuasion. His Letters on “A Voluntary Political Government” were written during 1843 for William Lloyd Garrison’s The Liberator. They appeared nearly simultaneously in several other abolitionist journals, such as the Herald of Freedom and the Vermont Telegraph. The letters themselves represent an important part of the libertarian tradition in America during the first half of the 19th Century. Nevertheless, no scholar or historian has ever seen fit to properly ascribe them to this tradition; nor have they ever been reprinted in their entirety. Hopefully this collection will rescue them from the near-oblivion into which they have fallen.

This collection of letters demonstrates the historical unity between three elements of the 19th Century American libertarian tradition: radical abolitionism, individualist-anarchism, and voluntaryism. All three of these themes bear looking at in order to fully appreciate the significance of Charles Lane and his writings. Historical research into the antecedents of modern day libertarianism clearly shows that the English speaking world developed its own libertarian tradition with a distinctive emphasis on individual self-ownership. [1] It is this emphasis on ‘self-propriety’ or ‘individual sovereignty’ which links the various components of the libertarian tradition which we will be examining here.
The identification of the self-ownership principle (that each person is a self-owner and should control his or her own mind and body free of outside coercive interference) explains why radical abolitionism is an important part of the libertarian tradition. The abolitionists called for the immediate and unconditional cessation of slavery because they saw slavery as man-stealing in its most direct and worst form. Slavery reflected the theft of a person’s self-ownership rights. The slave was a chattel with no rights of its own. The most perceptive and active critics of slavery were those abolitionists who realized that each human being, man, woman, and child, was invested with sovereignty over him or her self and that no one should exercise sovereign control over another.

As the history of the abolitionist movement proves, certain of its most basic ideas (especially that of self-ownership) had very anarchistic implications. Most of the early individualist-anarchists came from abolitionist backgrounds: Josiah Warren, Stephen Pearl Andrews, Lysander Spooner, and Ezra Heywood. Charles Lane, and his close friend and associate, Amos Bronson Alcott, and other members of the New England Non-Resistance Society might also be mentioned in this connection. By opposing unjust and criminal property titles in people and in land (some of the radical abolitionists called for return of the plantations to the slaves that worked them) the radical abolitionist was attacking not only the individual slavemaster, but also the government that sanctioned and enforced the master’s claim. If governments were allowed to uphold slavery, then governments could justify any form of criminal oppression. Thus a number of abolitionists reverted to natural law theory in order to challenge any government which supported slavery. These radicals realized that if they could successfully overcome the governmental justifications for slavery, they could use the same line of natural law reasoning to nullify other forms of governmental injustice, such as taxation and conscription. No government that affirmed such injustices could have any legitimacy in their eyes. [2]

Abolition and Anarchism

Much of the radical abolitionist opposition to government and slaveholding centered around the self-ownership principle. Although all abolitionists called for the extermination of slavery, not all of them evolved into individualist-anarchists, who advocated abolition of the State. Even among those abolitionists who were anarchists, we find a variety of reasons. The natural rights approach was characteristic of those who became individualist-anarchists.
Such an approach was implicit in Lysander Spooner’s attack on slavery. Astute readers of Spooner’s The Unconstitutionality of Slavery (1845) called it the first step towards anarchy. Wendell Phillips claimed that “Spooner’s idea is practical no-governmentalism. It leave everyone to do ‘what is right in his own eyes’.” Nathaniel Peabody Rogers announced that Spooner “not only excludes Slavery, but citizenship and subject. Excludes Government, and Law itself.”[3]

Probably most representative of the anarchist wing of the abolitionist movement, was William Lloyd Garrison and his followers in the New England Non-Resistance Society, which was founded in 1838. These non-resistants came to believe that the Biblical injunctions against violence meant that Christians had to renounce all manifestations of force, including government (and of course, slaveholding). They were above all immediatists in their pacifism as in their abolitionism. Despite the fact that they saw all acts of government as coercive, their critique of the State rested mainly on its support of slavery.

Thus rather than attacking both the North and the South for the evils of the Civil War, Garrison and the large majority of the non-resistants supported the North for its attack on slavery. On the other hand, the individualist-anarchists that emerged after the Civil War criticized both the North and the South, as governments which forged new chains on all their citizens. [4]
Despite their differing reasons for opposing the U.S. government before the Civil War, the radical abolitionists and the individualist-anarchists were united in their voluntaryist position, which was largely characterized by their anti-political stances. The Garrisonians, for example, were opposed to involvement in politics (whether it be voting, office-holding, or participating in political parties). They did not want to lend their personal sanction to the legitimacy of a government which permitted slavery. Their opposition to participation in government also stemmed from their concern with how slavery was to be abolished. To Garrison’s way of thinking it was as bad to work for the abolition of slavery in the wrong way as it was to work openly for an evil cause. The ends could not justify the means and up until several years before the Civil War this was the chief voluntaryist concern of the radical abolitionists. Politics and politicians were immoral by definition. Political reform could never spell the end of slavery because politics was force. The anti-political abolitionists would never vote, even if they could free all the slaves by the electoral process. Thus Garrison’s field of action was that of moral suasion and not political action. Men must be convinced of the moral righteousness of the anti-slavery cause because their opinions can never lastingly be changed by the resort to (political) force.[5]

This anti-political attitude was best exemplified by Henry David Thoreau in the late 1840’s. Thoreau saw voluntaryism as a means, and end, and an insight as to how political society was organized. In his essay on “Civil Disobedience”, Thoreau concurred with the anti-political non-resistants that social change must come about non-violently. This was the means. He united with the anarchists and with men such as Lane (with whom he was quite friendly) in seeking after a truly voluntary society based on peaceful inter-action. This was the end. Thoreau realized that the power of government is highly dependent upon the cooperation of the people. This was his insight into the mystery of why people obey. The question of political obedience is primarily moral since government rests on and is supported by public opinion. Thoreau said that if we destroy that opinion, government will fall to the ground. Hence his effort to influence men’s opinion by acts of non-violent resistance to the State.

Charles Lane, along with Thoreau, may be described as a voluntaryist and we need only look at his letters on ‘voluntary’ government to see why. One of the main concerns of the letters is for the establishment of a truly voluntary society, a society in which no relationships are marred by inter-personal acts of violence. Lane was associated with the radical abolitionists from the very start of his contact with people in the United States. The no-voting theories of the Garrisonians and their opposition to civil government all greatly affected him. Their voluntaryist outlook, which emphasized the withdrawal of individual sanction and the non-participation in the body politic, played an important part in his life. In order to understand the significance of these ideas, as practiced and preached by Lane, it will be necessary to examine the story of his life.

In England and America

Despite the fact that his friend, Bronson Alcott, described Lane as “the deepest, sharpest intellect I have ever met,” little is known about the first 30 years of Lane’s life.[6] He first surfaces in the early 1830’s working in London as a commercial journalist, as editor and manager of The London Merchantile Price Current. It was at this time that he met John Pierrepont Greaves, who became the first major influence in his life. Lane had been greatly interested in educational questions and had been writing for reform periodicals during the 1820’s. Eventually he became part of the reform circle led by Greaves (1777-1842). It was through his contact with Greaves that Lane became acquainted with A. Bronson Alcott. Thus Greaves played a pivotal part in Lane’s career.[7]

Greaves, himself, had been engaged as a merchant until about the end of the Napoleonic Wars. When he became interested in education at the age of 40, he left England and travelled to Switzerland to study with Pestalozzi for 4 years. After Greaves returned to England in 1825, he became involved with founding the London Infant School and authored a number of books on teaching and education, which attracted a large number of followers – among them Charles Lane.[8] Greaves’ interest in spiritual affairs and communal education led him to found an experimental school at Ham Common, Surrey in 1838. This school, out of admiration for the American A. Bronson Alcott, was named Alcott House. Greaves and Alcott shared a mutual admiration for Pestalozzi, whose ideas Alcott had tried to implement in his own private school in Boston in the late 1820’s. The chief emphasis at Alcott House was on self-improvement of the young student. The person, rather then the community, was the important concern.[9]

Greaves was joined by several supporters of the Alcott House: William Oldham, the manager, Henry Gardiner Wright, the chief teacher, and Charles Lane. Greaves and Alcott had corresponded as early as 1837. Lane in turn wrote to Alcott in October 1839. Alcott reciprocated by sending some works of Emerson, a prospectus of his own Conversations on Christianity, and the Non-Resistant (the journal of the New England Non-Resistance Society) for November 1839.[10] Out of this correspondence and exchange of ideas, Alcott gradually conceived of the idea of travelling to England in order to visit his friends. “After all, the school that Lane and his friends were conducting had been named Alcott House, and apparently there might be more persons receptive to Alcott’s world view in England than in the United States.”[11] Ralph Waldo Emerson and Alcott’s friends in the Boston area were largely responsible for financing Alcott’s trip to England.[12]

Alcott arrived in England in late May, 1842, but not in time to meet Greaves who had died in March. On June 7, Alcott met Charles Lane for the first time and they proceeded to Alcott House, where Lane was then living. Alcott was enthralled by what he found; the school was a “most refreshing and happy place”, reminiscent of his own Temple School in Boston, and he found great companionship with Lane, Wright, and Oldham. Alcott spent much of his time visiting English leaders of the reform, took part in various conventions and ‘conversations’, and even edited one issue of The Healthian, a journal put out by Lane and Wright.[13] Despite his activities and new friends in England, Alcott decided to return to America and his family, but first he obtained promises of his followers in England that they would accompany him.

Thus it was no suprise that Lane, Lane’s son William (then about 13 years old), and Wright returned to Boston with Alcott, landing on October 21, 1842. The Alcott family had been renting the Hosmer Cottage in Concord and this is where Alcott and his guests stayed until they moved to Fruitlands in June 1843.[14] Even before leaving England, Alcott and Lane had been discussing the establishment of a new utopia, their new Eden, a place where they might “plant the spirits of Paradise”. They were concerned to break away from the stultifying complexity and disunity of existing society and go back to a purer, more harmonious form of living. Their aim, and one of the chief reasons for returning to America, was to find new principles of organization, a new structure, in which they might live and work more equitably and happily.[15] Within a few months of their arrival in Boston, Alcott wrote of their purposes:

Our purposes, as far as we know them at present, are briefly these: –
First, to obtain the free use of a spot of land adequate by our own labor to our support; including, of course, a convenient plain house, and offices, wood-lot, garden, and orchard.
Secondly, to live independently of foreign aids by being sufficiently elevated to procure all articles for subsistence in the production of the spot, under a regimen of healthful labor and recreation; with benignity toward all creatures, human and inferior; with beauty and refinement in all economics; and the purest charity throughout our demeanor.[16]It is clear that this new Eden, or Fruitlands, as the venture came to be known, partly originated in England. Lane and Alcott were originally attracted to one another because of their commonly held educational and dietetic views (both were vegetarians), but they also found their opposition to existing institutions highly compatible. Lane emphasized the necessity for inner improvement and the worthlessness of mere external reform. He summarized his own outlook in July 1842, while still in England: “We ignore human governments, creeds, and institutions; we deny the right of any man to dictate laws for our regulation, or duties for our performance; and declare our allegiance only to Universal Love, the all-embracing Justice.”[17] Since Lane found conditions in the United States similar to those in England, it is no wonder that “within a month of his arrival on American soil” he began advocating overthrow of the American government.
As we shall see, Alcott introduced Lane to many of the most radical elements then agitating for change in American society. Alcott was the brother-in-law of Samuel J. May. Both had been among the earliest supporters of William Lloyd Garrison, and Alcott himself had been a long time non-resistant. Alcott numbered among his friends, Garrison, Emerson, Thoreau and many other abolitionists.
Thus it should be no surprise that Lane sprang into immediate action when Bronson Alcott was arrested on January 17, 1843 for non-payment of his 1842 Massachusetts poll tax. This agitation against taxes had been brewing for some time in Concord. As early as 1840, Emerson had noted in his journal that some neighbor had told him “that he had made up his mind to pay no more taxes for he had found that he owed nothing to the Government.”[18] Since the poll tax was due the 1st of May, 1842 and Alcott had not departed for England until May 8, it is clear that “Alcott’s contact with the radical group in England in 1842, therefore, did not originate his defiance.”[19]
Clearly Alcott’s attack on taxation pre-dated his acquaintance with Lane, but in view of Lane’s own radicalism (particularly that expressed in his letters) it is not beyond the realm of possibility that Alcott was egged on by Lane. Lane himself had decided to pay no taxes in America and their position was undoubtedly representative “of their proposed withdrawal from society and venture into a new community of the regenerate at Fruitlands.”[20]
What actually transpired on the arrest of Alcott was that he was held for a few hours until the tax was paid by Squire Samuel Hoar. Lane’s reaction was preserved in his letter to The Liberator. Both Thoreau and Emerson expressed their reactions to Alcott’s bravado. Thoreau in a letter to Emerson wrote:

I suppose they have told you how near Mr. Alcott went to jail, …
There was a lecture on Peace by a Mr. Spear (ought he not be beaten into a ploughshare?), the same evening, and, as the gentlemen, Lane and Alcott, dined at our house while the matter was in suspense, – that is, while the constable was waiting for his receipt from the jailer, – we there settled it that we, that is, Lane and myself, perhaps should agitate the State … But when, over the audience, I saw our hero’s head moving in the free air of the Universalist church, my fire all went out, and the State was safe as far as I was concerned. But Lane, it seems, had cogitated and even written on the matter, in the afternoon, ….[21]

Emerson for his part wrote in his Journal for 1843:

Alcott thought he could find as good grounds for quarrel in the State tax as Socrates did in the edicts of the judges. Then I said, “Be consistent, and never more put an apple or kernel of corn into your mouth. Would you feed the Devil? Say boldly: ‘I will not any longer belong to this double-faced equivocating, mixed, jesuitical Universe’.”[22]

Mrs. Alcott noted in her own Journal for January 17, 1843, that it was a day of some excitement, “As Mr. Alcott had refused to pay his town tax and they had gone through the form of taking him to jail. After waiting some time to be committed, he was told it was paid by a friend. Thus we were spared the affliction of his absence and he the triumph of suffering for his principles.”[23]

The first five months of 1843 must have been a busy time for both Alcott and Lane. Alcott had been arrested, Lane was writing his series for The Liberator, and both were trying to finalize their plans for their new community. For some time they had been looking for a self-sufficient homestead, and finally in late May 1843 they decided to buy the Wyman Farm near Harvard, Massachusetts. In fact, it was the money Lane had accumulated in England which made the purchase possible. Fruitlands, so called because fruit was to be the principal staple of daily food, was a farm of 90 acres (14 of them in wood) with a rough farm house and barn. Lane purchased the land for $1800 and took a rent-free lease on the buildings for a year. Emerson, in spite of his reservations about the practicality of the venture, agreed to serve as trustee for Lane, and the deed for the property was put in Emerson’s name.[24]
“This arrangement seemed particularly satisfying to Lane, since he opposed the owning of property on principle, and the further he could remove himself from such activity the better.” Lane apparently was of two minds on the question of property ownership. In a letter written from Fruitlands in June 1843 on “Property” he claimed that “There seems to be a growing sense that the great question between right and wrong, progress and stagnation, … will be brought to issue practically upon the justice of holding property.” Although he sympathized with discussions of Fourier’s view of society, he saw no advantage accruing from their adoption: “The freedom of the earth is what is wanted. And how shall it be secured? It is not a state of things to be enforced, either by brute power, logical argument, or scientific allurement. What ever is done towards this desirable consummation must be of natural growth, it must, as it were, come of itself.” Although common ownership of the earth might do away with individual accumulation, Lane realized that it would be difficult “to see how the human being can retain that ceaseless vivacity which belongs to individuality without running into the spirit of clanship which is little or no better.” As it turned out, Lane and Alcott were not even capable of running their own self-sufficient farm.[25]

Fruitlands: “The Second Eden”

The primary goal of Fruitlands was the growth of each member of the community toward full spiritual perfection on earth. “Fruitlands was true to Alcott’s central conviction that all effective and enduring changes in society must originate, as he said, ‘within the individual and work outwards. The inner being must be first organized. … hence reform begins truly with individuals, and is conducted through the simplest of ministries of families, neighborhoods, fraternities, quite wide of associations, and institutions’.” Alcott believed in decreasing one’s dependency on things of the world; so that by diminishing desires to the lowest possible level, one would make himself most receptive to what he called ‘the influx of the Spirit’. The experiment at Fruitlands was a bold attempt to unite two dominant strains of New England Transcendentalism: radical individualism (of the likes of Emerson and Thoreau) and the harmonious joining together of all men into one common fellowship, into a sort of heaven on earth.[26]
On June 1, 1843, the members of the new community left Concord and proceeded to occupy their new home at Fruitlands. The original group consisted of Alcott, his wife, Abigail, and their four daughters, Lane and his son, and two outsiders, Abraham Everett, a cooper, and Christopher Larned, a merchant’s son. A variety of other eccentric characters were associated with Fruitlands, but the only one who had any practical farming experience was Joseph Palmer of Leominster. Palmer, too, had achieved a certain amount of local notoriety because of his insistence on wearing a beard in an age when they were ridiculed. Though Fruitlands had its amusing aspects, it was in fact a sincere and serious effort on the part of several persons who dedicated their lives towards searching for a nobler way of life.[27]
Life at Fruitlands proceeded much as at the Hosmer Cottage. Crops were sown, the education of the Alcott children taken in hand. Many visitors stopped by the farm to see what practicing Transcendentalists looked like. “Emerson, Thoreau, and Ellery Channing came from Concord”; Theodore Parker, Mrs. Alcott’s brother, the Rev. Samuel May, and others visited. Emerson had his doubts about the eventual success of Fruitlands; he said in the summer things were all right, but he would know of their success as they struggled through the coming winter. One visitor who seems to have perceived the essence of the experiment was Mrs. Alcott’s nephew, Samuel Sewall Greely. Looking back on his visit many years later, he wrote that “the main belief of the group seemed to be ‘the sacredness of all sentient life – that beast, bird, fish, and insect had a right to control their individual lives’.”[28] Another episode related by Isaac Hecker (one of the participants at Fruitlands) shows how seriously Lane felt about his activities:

This afternoon [July 13, 1843] the first load of hay was put in the barn. Before they put the fork into pitch it on the floor, Mr. Lane took off his hat, and said he did not take it off because he revered the barn more than any other place, but because it was the first fruit they had put in store. He made a few remarks, saying he did not wish to speak, but he was conscious that others felt what prompted his words, and it was for a few moments silence, that holy thought might be awakened on the occasion.[29]

Less serious incidents abound, such as the time Lane and Alcott, dressed in their country linens and canvas shoes, travelled the countryside, going as far as New York. On their return they went by steamer to New Haven. Their money had run out but they promised the ticket man that they would be quite willing to pay their way by addressing the passengers and crew with a little conversation in the saloon. Another time, while they were off on their wanderings, it was time for the barley to be harvested. Mrs. Alcott, fearing rain, was forced to bring the barley to shelter without the aid of a single man.[30]
These events demonstrate the near-impracticality of both Lane and Alcott and provide one reason why their community was soon to founder. Emerson once said of Lane that his intentions were noble but that his hands were indeed too far from his head.[31] Crops which had been raised were not sufficient to make Fruitlands self-sustaining. Both Lane and Alcott shunned the use of animal labor to plough the fields. Furthermore friction developed between Lane and Mrs. Alcott. In short, Alcott was forced to choose between his family or remaining loyal to the ideas of community espoused by Lane. After enduring part of a harsh winter, Lane and his son finally departed from Fruitlands in January 1844, taking up residence at the nearby Shaker community.[32]
Lane undoubtedly was also agitated by his own arrest which had occurred in mid-December 1843. The news of his arrest was reported in The Liberator under the title: “Governmental Violence”.

It may not be uninteresting, though not very pleasing, to our readers to learn that Charles Lane, who wrote several articles in our paper, in the early part of the year, respecting Human Government, has been made to feel the paternity of that power. Journeying homeward from Boston to Harvard, on Saturday last, in a state of fatigue and partial sickness from the severity of a climate to which he is unaccustomed, he was arrested in the stage-house at Concord, while waiting for the relay of horses. The suitor was the Government, and the demand was for the poll tax; [due May 1843] although he had not been a year in the country, on the 1st of May – although a foreigner, without a right to vote, and ‘taxation without representation’ is said to be ‘tyranny and ought to be resisted’ – he was with little ceremony made a prisoner, and placed in a secure cell, in company with a felon. Here he was kept for some hours, until nearly sundown, when he was informed he might depart; but by what process liberty was allowed, was unrevealed. How dastardly and oppressive is such an act![33]

Emerson commented on Lane’s arrest in his letter of December 17, 1843 to Margaret Fuller:

“Mr. Lane was here lately again for two or three days having been arrested for his taxes as he stopped with the Harvard Stage at the tavern. He declined bringing any friend to answer for him and was put into jail. Rockwood Hoar heard of it and paid the debt and when I came home from seeing you in Boston I found him at my house.”[34]

Lane left Fruitlands, shortly before the Alcotts departed, and he remained with the Shakers for about a year and a half, until 1845. Lane was used to being intimately associated with the world around him, so it is no wonder that he never became a full-fledged member of the Shaker community. In October 1845, Lane was in Boston attending the annual convention of the New England Non-Resistance Society. Lysander Spooner also attended this convention, but there is no evidence that the two men knew one another.[35] Sometime during the fall of 1845, Lane moved to New York City where he was quickly welcomed “into the various groups of reform” which were active there. He stayed for a time at the home of Marcus and Rebecca Spring, who were well-known for their humanitarianism and interest in social reforms. When New York offered no prospect of a job or a new mode of living, Lane moved onto Boonton, New Jersey in the spring of 1846. Here he remained for several months. Boonton was a “hotbed of abolition”, a stop on the underground railway, and the town was “full of committed, earnest citizens, who believed that reform demanded action, not just words.”[36]
Meanwhile, Lane had not forgotten his friends in Concord. By July 1846, he returned to Concord in an effort to sell Fruitlands. He had probably been living off the generosity of friends most of the time since he had left the Shakers. Most of his funds were tied up in his library (which he had brought from England) and in Fruitlands. In passing, we might note that it was at this time that Thoreau was imprisoned overnight for his own failure to pay his 1842 or 1843 poll tax. More than likely, Lane was in the Concord vicinity when this took place, although there is no direct evidence of his notice of the event. Finally in August 1846, Joseph Palmer agreed to buy Fruitlands and this permitted Lane to return to England, somewhat free of pecuniary worries. Oldham had written him from Alcott House and was anxiously waiting his return. Lane sailed for England in September 1846, “full of hope that some good still might be done furthering human progress at Alcott House.”[37] Lane discovered during his four years in America that human nature was nearly the same everywhere and that the institutions and attitudes he found on both sides of the Atlantic were equally inimical to his ideas.

Not only had Lane changed during his four years abroad, but Alcott House had progressed from an experimental school for young children to a communitarian establishment for adults. Lane maintained a correspondence with Alcott from England, informing him of the progress at Alcott House and of his own renewed interest in vegetarianism. Alcott House eventually met the same fate as Fruitlands, being abandoned sometime in 1849 because it could not maintain itself financially. In 1850, Lane married the former matron of Alcott House, Hannah Bond. He eventually became the father of five more children and the editor of another mercantile paper, The Public Ledger. As the years wore on, correspondence between Lane and his American friends ceased. Finally in 1870, Alcott received a letter from Oldham, the former business manager of Alcott House, informing him of Lane’s death.[38]
Lane died on January 5, 1870, and he had changed strikingly during his last 20 years of life. He had left his family well provided for in a new large house and three of his sons were already self-supporting. “If Lane had known during the 1840’s that at his death the picture presented to the world of his life and family would so closely resemble that of a typical prosperous, respectable Victorian household, he would have been astonished. Yet such are the vagaries of life. Lane had made his peace with the world and, somewhat like Emerson, had become less the fiery radical and more the tolerant observer.”[39]

The New England Non-Resistance Society

Although we have briefly examined the activities of Amos Bronson Alcott in their relation to Lane, it will be interesting to look at the genesis of some of Alcott’s own ideas and see how their influence was reflected in Lane. As we have seen, their original attraction was chiefly along the lines of diet and education, but they must have found themselves surprisingly in accord on political matters too.[40] Alcott was the only well-known Transcendentalist to become involved in the New England Non-Resistance Society. Alcott had befriended William Lloyd Garrison in the early 1830’s and was probably active in founding the New England Non-Resistance Society with Garrison in 1838. We know that Alcott was active in the Society from its inception; he helped revise its Declaration of Sentiments and plan conventions. He was in attendance at the first annual meeting held in October 1839. In the journal of the Society, the Non-Resistant, for October 1839, he wrote: “I look upon the Non-resistance Society as an assertion of the right of self-government. Why should I employ a church to write my creed or a state to govern me? Why not write my own creed? Why not govern myself?”[41]
One of the major concerns of the Non-Resistance Society probably from its beginning, was the question of the payment of fines and taxes to existing governments. At least as early as their second annual meeting in October 1840, the non-resistants were debating the following resolution:

That in payment of taxes and fines to the existing governments of this or any other country, non-resistants do not thereby sanction, and are not responsible for, the acts of government.

As one commentator noted, “It is easy to stay away from the polls and keep out of office [as the non-resistants advocated], but not very easy to avoid paying taxes and fines.”[42] Alcott was probably familiar with two instances of non-violent resistance to the government, which were reported on in The Liberator during the early part of 1840.
Charles Stearns and David Cambell were both conscientious objectors to military training and militia duty. Stearns was imprisoned in Hartford, Connecticut in January 1840, when he refused to do military duty or pay the fine for failure to do militia duty. Garrison published a letter that Stearns wrote from jail to The Liberator during February 1840. Stearns maintained that it was as wrong to voluntarily bear arms as it was to voluntarily pay the penalty (which the state of Connecticut had decreed) for failure to participate in the militia. Even though Stearns was threatened with life imprisonment, he believed that it was as wrong to train as it was to pay the fine. Otherwise he said, why not train for military duty and say I am forced to do it. That would be the same as paying the fine and saying that was done contrary to my will. Stearns asked: “Now if a person, believing it to be sinful to uphold the system, releases himself from it by paying the fine, does he bear all the testimony against it that his God requires of him? Has not the time come for christians to come out, and take a bold stand against such things being considered entirely in accordance with Christ’s percepts and example, even if it costs them their lives.”[43]
David Cambell’s case was also reported in The Liberator. Cambell was a conscientious objector who repeatedly found himself in and out of Massachusetts jails. Like Stearns, he deemed “military training, and the payment of an equivalent for not training, inconsistent with Christian duty.” He asked that the Massachusetts laws exempting Quakers and Shakers from military duty be extended to include all conscientious objectors, of whatever faith.
Garrison, for the most part, certainly supported the protests of these two non-resistants, although he made it quite plain that he saw “no reason why a military fine may not be paid, as well as any other exacted by a government based on physical force.” “If, in paying a military fine, you countenance the militia system;” Garrison claimed, “then, in paying ordinary taxes to government, you sanction its rightful authority, and are responsible for its acts.” But Garrison asserted this was false reasoning. There was a distinction in his mind between sanctioning being robbed and submitting to be robbed.[44]
The third annual meeting of the New England Non-Resistance Society in September 1841 continued the debate on the justice of submitting to civil government. Alcott was an active participant in the meeting. On Tuesday, September 21, 1841, the first day of the convention, he participated in a discussion of a resolution which was unanimously adopted: “Resolved, that we hail the manifest progress of the non-resistance doctrine with gratitude to God, and recognize in it influence against the prevalent and deeply rooted error, a power which belongs to truth alone.” On Tuesday afternoon, William Lloyd Garrison offered the following resolve: “Resolved that the voluntary payment of militia fines, by non-resistants, is incompatible with the principles which they profess.” This obviously indicates a shift in thinking on Garrison’s part, as compared to his comments on the Stearns case. The Liberator reported that Garrison’s resolution was discussed by Henry Clarke Wright and A.B. Alcott until it was time for adjournment. The following morning, John A. Collins moved to amend the resolution by substituting for the original, the following version:

Resolved, whereas governments of violence, all with their murderous machinery, are upheld and sustained by military force and direct and indirect payment of taxes; therefore, Resolved that it is a violation of non-resistance principles voluntarily to pay military fines, mixed taxes, or to purchase taxed goods.

Apparently the convention could come to no firm conclusion on either the Garrison or Collins resolution, since they were both finally tabled and not re-considered. Alcott also participated in discussion about Henry Clarke Wright’s resolution “that no man who believes that all war is wrong, can, without a violation of admitted principle, hold the office of President or Congressmen of the United States, or vote for others to hold these offices.” This resolution was unanimously adopted and must have had Alcott’s support. Before the convention adjourned, Alcott discussed and approved a resolution which recognized that “christian non-resistance consistently practiced, carries with it the very highest conservative influence which can be brought to bear on human society.”[45]

Alcott and Thoreau

Thus it is clear that Alcott had his own desire for civil disobedience flamed by his association with the non-resistants and that his ideas must have been well-formulated before he ever departed for England in the summer of 1842. His membership and participation in the Society demonstrated why it became a matter of conscience for him to practice his own form of civil disobedience. The interesting thing about Alcott and the other abolitionists comprising the Non-Resistance Society is that he was the only one of them to act out his principles on the matter of general taxation. Outside of Thoreau and Lane we have no knowledge of any other protests against taxation on principle. The general Garrisonian outlook (despite Garrison’s sponsorship of the 1841 Resolution) was that tax-paying was not a voluntary act and that consequently one was not responsible for supporting or sanctioning government when one pays a tax or a fine. Wendell Phillips declared that when governments make tax-paying voluntary, he, for one, would refuse to pay his taxes. Until that time, however, tax-paying was not a voluntary act and therefore the taxpayer was not responsible in conscience for what was done with his money.[46]

In October 1851, Alcott observed the similarities between Lane’s articles on “A Voluntary Political Government” and Thoreau’s essay on “Resistance to Civil Government”. Alcott wrote in his journal:

These are the earliest statements of man’s right to Self-Rule and consequent independence of the institutions to which he happens to be born, that I have seen: and have their advantage, moreover, of having brought the civil code in collision with the Individual; the Lower Law in conflict with the Higher.[47]

As we have seen, Lane, Alcott, Emerson, and Thoreau formed a circle of friends who were all undoubtedly sympathetic in their libertarian outlook. Alcott “was Thoreau’s chief companion during the years at Walden.”[48] Thoreau struck up a close personal acquaintance with Lane soon after he arrived in America. It was on of the few friendships which he ever actively sought.[49] Even after Fruitlands disbanded, both Emerson and Thoreau helped look after Lane’s pecuniary interests in this country.[50]
Although Thoreau was never a member of the Non-Resistance Society, or any other abolitionist organization for that matter, he did come from a family of ardent abolitionists. There is a record of Thoreau and his brother having debated Alcott on the affirmative side of the question: “Is it ever proper to offer forcible resistance?” This took place at the Concord Lyceum in January 1841.[51] Thoreau was familiar with William Lloyd Garrison’s The Liberator and was highly supportive of Wendell Phillips in a report that appeared in Garrison’s journal.[52] Furthermore, there is explicit evidence that Thoreau was a reader of the Herald of Freedom and a follower of Nathaniel Peabody Roger’s writings in that paper.[53] Thus it is quite conceivable that Thoreau had read Lane’s letters on voluntary government either in The Liberator or the Herald of Freedom. In fact, it is likely that Thoreau and Lane personally discussed the issues that were touched on in the letters.
It must be remembered that Thoreau’s own arrest and imprisonment were for the non-payment of his 1842 or 1843 poll tax; not his 1845 or 1846 poll tax. So the sources for Thoreau’s resistance must be looked at in the context of the activities and influence of Alcott and Lane. The motivations for Thoreau’s refusal are uncertain, but Alcott’s and Lane’s examples were personally know to Thoreau.[54] Furthermore, the essay on “Civil Disobedience” was not actually published until 1849 and it was originally entitled “Resistance to Civil Government”. The essay had previously been delivered as a lecture “on the relation of the individual to the State – an admirable statement of rights of the individual to self-government’, probably sometime in 1847. Alcott took great pleasure reporting on Thoreau’s talk in his Journal:

His allusions to the Mexican War, to Mr. Hoar’s expulsion from Carolina, his own imprisonment in Concord Jail for refusal to pay his tax, Mr. Hoar’s payment of mine when taken to prison for a similar refusal, were all pertinent, well considered and reasoned.[55]

It is interesting to note that Alcott’s arrest was expunged from Thoreau’s written version. Also the issues of the Mexican War and the annexation of Texas as a slave state, which play so prominent a part of the essay, were not germane to the original cause of Thoreau’s resistance to taxation. These issues did not even exist at the time that Thoreau decided on his protest (some time in 1842 or 1843).

The Individual vs. Political Reform

Another interesting relationship exists between the voluntaryist ideas about reform that were jointly held by Alcott, Emerson, and Thoreau. As early as November 1839, we have evidence of Alcott becoming critical of the Non-Resistance movement because it was becoming “too political”. “In Alcott’s view, the movement did not need to be concerned with the number of its adherents or their position in society, power, prestige, or followers, but instead by those who like Jesus, ‘speak and act most simply and heartily’.”[56] Reform was mostly a matter of appealing to the conscience, of re-awakening moral sentiments in the individual. It was not a matter of mass action or political power. Emerson’s ideas about reform were quite similar: effective improvement can be brought about in human affairs not by organizations, associations, or legal enactments but only by change in the individual mind and heart.[57] Lane shared a similar sentiment for he declared that “our reforms must begin within ourselves.”[58] In a letter written at the close of 1842, Lane pointed out the folly of expecting institutions to generate a better society or better men: “No; better men must somehow be found or ma[d]e to constitute a better society. Society taken at large is never better or worse than the persons who compose it, for they in fact are it.”[59]

These ideas are particularly reminiscent of Thoreau’s outlook in “Civil Disobedience”. Here he attacked voting, much as the non-resistants had, as a moral inanity. Instead of mass political action, Thoreau advocated direct non-violent confrontation with the State: “If a 1000 men were not to pay their tax-bills this year, that would not be a violent and bloody measure, as it would be to pay them, and enable the State to commit violence and shed innocent blood. This is, in fact, the definition of a peaceable revolution, if any such is possible. If the tax-gatherer or any other public officer, asks me, as one has done, ‘But what shall I do?’ my answer is, ‘If you really wish to do anything, resign your office.’ When the subject has refused allegiance, and the officer has resigned his office, then the revolution is accomplished.”[60]
Emerson, too, was certainly influenced by Lane’s compositions on voluntary government. We can see this most forcefully in Emerson’s essay “politics” and “New England Reformers”. The essay on “Politics” was originally a lecture given in Boston during 1839-1840, and it was extensively revised for publication in 1844, after Lane and Alcott had both been arrested and after Lane’s letters had been published. Consider the following excerpt (all of which had been revised by Emerson for publication) from “Politics”, in which signs of Charles Lane’s thinking are quite evident:

The power of love, as the basis of a State, has never been tried. We must not imagine that all things are lapsing into confusion if every tender protestant be not compelled to bear his part in certain social conventions; nor doubt that roads can be built, letters carried, and the fruit of labor secured, when the government of force is at an end. Are our methods now so excellent that all competition is hopeless? Could not a nation of friends even devise better ways? On the other hand, let not the most conservative and timid fear anything from a premature surrender of the bayonet and the system of force. For, according to the order of nature, which is quite superior to our will, it stands thus; there will always be a government of force where men are selfish; and when they are pure enough to abjure the code of force they will be wise enough to see how these public ends of the post-office, of the highway, of commerce and the exchange of property, of museums and libraries, of institutions of art and science can be answered.[61]

Emerson’s essay on “New England Reformers” was originally a lecture delivered on March 3, 1844. In it he refers to the progress of dissent:

The country is full of rebellion; …. Hands off! let there be no control and no interference in the administration of the affairs of this kingdom of me. … So the country is frequently affording solitary examples of resistance to the government, solitary nullifiers, who throw themselves on their reserved rights; nay, who have reserved all their rights; who reply to the assessor and to the clerk of court that they do not know the State, and embarrass the courts of law by non-juring and the commander-in-chief of the militia by non-resistance.[62]

The Letters and the Libertarian Tradition

Let us now turn to a brief analysis of Lane’s letters themselves. As we have seen, they originated in Lane’s desire to protest the arrest and possible imprisonment of Alcott in mid-January 1843. The first letter to The Liberator on “State Slavery” (internally dated January 16, 1843) may have even been prepared in advance of Alcott’s actual arrest. In the opening paragraph we can already see Lane’s outlook on government. The State is nothing but institutionalized violence and Lane uses the criminal metaphor to describe it. He refers to its “club law, its mere brigand right to a strong arm, to support guns and bayonets….” He also introduces his comparison of the Church to the State, an example which he uses continuously throughout the letters. “Forced” Christianity is on a par with the coercive State. “Everyone can see that the Church is wrong when it comes to men with the Bible in one hand, and the sword in the other.” “Is it not equally diabolical for the State to do so?” Here Lane refers to the fact that Alcott was arrested on the basis of a general warrant, which treats him already as a “convicted felon” without benefit of inquiry or trial by jury. Lane explicitly refers to Alcott’s failure to pay his poll tax and his act of going to jail as “an act of non-resistance”. It is strictly an act of conscience and “does not rest on the plea of poverty”.

Lane’s second letter to The Liberator (dated January 28, 1843) was ostensibly sparked by a typographical error which appeared in the January 16th letter. In that letter, referring to the similarities between Church and State, Lane had been published as writing: Majority rule “is only tolerated by public opinion because the fact is not yet perceived that all the true purposes of the corporate state may as easily be carried out on the revolutionary principle, as all the true purposes of the collective church.” Of course, Lane’s statement makes much more sense if ‘voluntary’ were substituted for the word ‘revolutionary’ in that sentence. Then he would be referring to the ‘voluntary principle’. Lane also stresses that although the ‘voluntary principle’ is revolutionary in nature, it can only be brought about by “kind, orderly, and moral means,” that are consistent with the end itself. Reformer and abolitionist that he was, Lane alludes to the evils of slavery: “colored slavery’ is in fact the consequence of a much larger evil, which Lane calls “government” and “force”. “The State … is at this moment the only serious obstacle to freedom …” In a plea for voluntaryism, Lane closes this letter on the following note:

Let the people recollect that it is themselves who have made and who sustain this dragon [the State] … Away, then, with such a delusion! There is no safety for person or property, while a government by force exists. Let us supersede it by one of charity. Let us have a voluntary State, as well as a voluntary Church, and we may possibly then have some claim to the appellation of free men. Till then, at least, we are slaves.

If Lane had ended his contributions to The Liberator at this point, his two letters would only be an interesting historical record of his reaction to Alcott’s arrest. However the fact is that these two letters serve as the introduction to a set of seven letters which Lane apparently conceived of during February 1843. Before going on to consider the various themes that lane elaborates on in these letters, it will be useful to place them in the historical context of the libertarian tradition.
As we have seen, Alcott, Lane, and the group of radical abolitionists surrounding William Lloyd Garrison comprise one aspect of the mid-19th Century American libertarian tradition. Their ideas are in turn inter-related with the development of individualist-anarchism and voluntaryism. It is highly significant, especially in view of Lane’s English background and Alcott’s visit to England in the summer of 1842, that young Herbert Spencer began publishing a series of 11 letters in Edward Miall’s Non-Conformist in June 1842. These letters were entitled “The Proper Sphere of Government”. They demonstrate the similar concerns of Lane and the young Spencer, who was 22 at the time: “free trade, Church disestablishment, …, opposition to war and imperialism, and voluntary education”.[63] Spencer’s letters also coincided with the birth of the voluntaryist movement in England, which was a movement of dissenters and non-conformists calling for a complete separation of school and State. One consistent theme found in Spencer’s “Proper Sphere of Government” and in his subsequent works, such as Social Statics, is his use of the argument for religious freedom. “On a number of occasions Spencer uses the argument for religious freedom to buttress his case for freedom in other spheres.” For example he argues that “just as the State has no right to meddle in the ‘spiritual health’ of the people, so it has no right to interfere in the physical health through medical regulation, licensing, and so forth.”[64] Similarly, we find this same theme all throughout Lane’s letters, although there is no direct evidence that Lane was even familiar with the non-conformist movement in England. Unfortunately, nothing is known of his religious background.

This argument that ‘the voluntary church is the only true church’ (and by analogy, that the only true political organization is the voluntary state) illustrates the role that voluntaryism has played in the struggle between Church and State in England during the 17th Century. During this time, the English Independents were moving towards a completely voluntaryistic concept of the Church. They considered that the maintenance of churches by tithes and State support ought to be done away with. This was no new idea and for a long period there had been Independents who had realized that this was the logical outcome of their views on separation of Church and State. For example, a petition circulated in London in 1647, demanding that “tithes and all other enforced maintenance may be for ever abolished and nothing in the place thereof imposed; but that all ministers may be paid only by those who voluntarily chose them and contract with them for their labors.”[65] By substituting ‘taxes’ for “tithes” and ‘government officials’ for “ministers” we realize how close these early religious dissenters were to espousing the ideas of a truly voluntary State. People such as Lane and Spencer merely carried out these arguments to their logical conclusion. If the Church should be a voluntary organization, why not the State? If men’s spiritual health could be left to the free reign of voluntary forces, why could not men’s physical well-being be left to the free market? The early advocates of Church-State separation were in the vanguard of the libertarian tradition because they took one of the first steps necessary to separate the State from the rest of society. We may view them as the precursors of the latter-day abolitionists and anarchists.

The Inner Contradictions of ‘Voluntary’ Government

In these religious controversies, the term ‘voluntaryism’ was used by those who advocated complete separation of Church and State. The term itself came into common usage during the extensive disputes between the churchmen and the dissenters in Scotland during the second decade of the 19th Century. The English non-conformists then adopted the term in the early 1840’s to express their opposition to Parliamentary interference in schooling, which hitherto had been unregulated, without even as much as a compulsory attendance law. The ‘voluntary educationists’ was a religious threat in State control or regulation of education. They believed that the law of supply and demand, or the ‘voluntary principle’ as they termed it, would provide for the education of the whole English people.
Although Lane used the word ‘voluntary’ to capture the essence of his ideas about government, the phrase ‘voluntaryism’ never caught on in America. It died out in England after the demise of the agitation against State education in the 1850’s. The term was not popularized again until the late 1880’s and 1890’s when Auberon Herbert published his voluntaryist journal called Free Life. Auberon Herbert and the group of English individualists he attracted were the foremost expositors of voluntary taxation and the voluntary State. Condensed into as few words as possible, their voluntaryist formula was: “The sovereignty of the individual must remain intact, except where the individual coerced has aggressed upon the sovereignty of another unaggressive individual.”[66]

The leading voluntary taxationists, such as Herbert and his associate J. Greevz Fisher, argued that no one should be forced to pay their taxes (a point that Alcott, Lane and Thoreau had already made). Thus no one was to be coerced by the State, unless, he or she were first an invader of another person’s body or just property. Failure to pay one’s taxes was not to be treated as a crime. They took the position that while governments would still retain a monopoly of control over the army, the courts, and the police, in a given geographic area, no one could be forced to support such an agency against their conscientious scruples. This of course would apply as much to a non-resistant or a pacifist who was against lending his support to any ‘armed’ agency as to a tax-resister who opposed contributions to monopolistic agencies (such as the government) on principle. The libertarian problem that was never faced by the proponents of voluntary taxation was: “Would they use force to compel people not to use a freely competiting defense agency [ a competitor to the existing government] within the same geographic area?[67] Would people be prevented from purchasing court services and police protection from private organizations?
Neither Lane nor the latter English voluntary taxationists ever really answered this problem, although its solution had been outlined as early as 1849 by a French economist, Gustave de Molinari. Arguing from the economic point of view, Molinari explained that the prohibition of competition among defense agencies in a geographic area was in effect a grant of monopoly power to the existing State. If competition was beneficial in every sphere of economic activity, why not in the “production of security” as well? Why not have competing defense agencies vie for the voluntary patronage of their customers? “Defense agencies, police, judicial, would compete with one another in the same uncoerced manner as the producers of any other service on the market. The price would be lower, the service more efficient.”[68]
This discussion points up the inner contradiction in Lane’s terminology: “a voluntary political government”. At least two contemporary observers noted this fact. Nathaniel Peabody Rogers, editor of the Herald of Freedom asked:

Can government be voluntary? Is it not compulsory in its nature? Men may regulate themselves, possibly – but can they govern one another, or rather be governed, voluntarily? … Can we get along on earth without fetters and handcuffs on? … I am sure we can’t get along with, for we have tried it.[69]

A. Brooke, president of the Society for Universal Inquiry and Reform, posed a similar question:

C.L. says a great many sensible things in his essays upon a “voluntary political government,” but I am free to confess I do not exactly comprehend the point to which his lucubrations tend. … I claim the right to govern myself, and my rights are certainly infringed by a compulsory obedience to the dicta of a few as of many, and the vassalage is not a whit more “voluntary.” With my ignorance, the term “voluntary political government” passes for a solecism. So much of the truth however is conveyed in these writings, and in so sensible a manner, that I guess their author holds to the abrogation of all government, save self-government.[70]

If Lane did not consider himself an anarchist, then at least some of his contemporaries realized that Lane was far down that path by which one arrives at anarchy. Voluntary government is a contradiction in terms. Government by definition implies the monopolistic use of force over a given geographic area. As we have seen, the moment that governments become voluntarily financed, we face the possibility that people will decide to purchase their defense services elsewhere (or not at all, as in the case of the pacifist). Either the existing governmental monopoly permits this or it does not. If it does, the existing government may soon have no revenues (and be forced to wither away for lack of resources) or else simply become a competitor among those defense service purveyors operating on the market. If the existing government did not allow competition to spring up, then it “would no longer function as the voluntary society sought by its proponents.”[71]
This contradiction points up the two fundamental anarchistic objections to government. First, governments obtain their revenues by means of taxation; that is, by compulsory levies. Second, all governments presume to establish a compulsory monopoly of defense services (police, courts, army, and law code) over some geographic area. Threats of force, property confiscation, or imprisonment await one who does not voluntarily pay his or her taxes. Even if government were voluntarily financed, their second aggressive feature would still remain. Individual property owners who would prefer not to subscribe to a defense service at all or to subscribe to another defense agency would not be permitted to do so.[72]

Libertarian Themes

Although Lane was not familiar with these late 19th and 20th Century libertarian arguments, there are many consistent libertarian themes running through his letters. We have already discussed the comparison between the voluntary Church and the voluntary State. Much of Lane’s concern is to demonstrate the practicality of voluntary arrangements in the absence of State coercion. In Letter I he claims that government is not performing its functions efficiently. No government on earth secures the safety of person and property. Government punishment of criminals after the fact accomplishes nothing, Lane points out, as we well know today, that prisons only serve as the breeding ground for more crime. Lane says that every service government provides (from libraries to schools) could be better supplied if left to the free play of competitive and voluntary forces.

In Letters III and IV Lane explicitly argues for the complete privatization of such services as: roads, schools, care of the poor, banks (totally unlicensed), lunatic asylums, mail delivery and all forms of public works (such as turnpikes, canals, railways). He also discusses international relations among “voluntary political governments” and concludes that with the abolition of the custom houses and tariffs there would be an end to trade wars. If commerce is good, why shackle it with government restrictions; if commerce is bad, why try to support it with the governmental apparatus? This argument neatly summarizes Lane’s outlook on a broad range of issues. Since all the functions of government can be provided competitively and voluntarily, there remains no pretense for any form of taxation at all. The very fact that State sponsored activities need coerced support speaks out against their very existence. The fact that government assistance is needed to carry them on or sustain them is absolute proof of their inherent weakness. “If the work is desirable,” it will be done; if not, then it should not be done. (Letter IV)
Lane’s most extensive discussion concerns the separation of School and State and the provision of educational services free of government interference. This is not surprising, since education was a subject so close to his own interests both at Alcott House and at Fruitlands. We must recognize that Lane was quite perceptive when he asserted that “this mixture of education with politics is only a contrivance to gild the iron chains by which men are so despotically bound.” (Letter III) Only if men were first trained to accept and obey the State could their obedience be secured. All the physical might in the world could not subdue a population of civil disobedients. Referring to his own homeland, Lane relates that “In some of the most educated countries on the earth, Scotland and England for instance, the government has seldom interfered in any way, and then its help has been generally that of the bear in the boat, which wrecked the passengers.” Lane also points out that no act could be so foul “as sending a man to jail in order to raise funds for the moral education of children.” Compulsory attendance laws did not exist when Lane was writing, but the State did force all parents to pay their school taxes. If school attendance could be left to the discretion of each and every parent, Lane asks, then why could not the money contributions for schooling be left to the same moral influence? If parents sent their children to school in the absence of compulsory attendance laws, was this not proof that they would voluntarily pay? Lane notes the inefficiency of State schooling, beginning as it does at age 5 or 6. (He probably thought in line with Pestalozzi that learning should begin in infancy.) In a note of pique he declares: “I do not see why the State has not the same right, and much better arguments, for interfering in individual affairs at an earlier stage, and either forbidding such unqualified to marry or passing them through needful previous training. … If education be enforced … let it begin at the beginnings.” (Letter III) Lane must have realized that this was a dangerous argument and one that totalitarian regimes would use.
Lane demonstrates his knowledge of the classroom and teachers by asserting that if the doors of the school were flung open to competition, few of the existing teachers would find students. State education stifles genius in both teacher and student. In his concluding remarks, he alludes to the likeness between Church and School: “Children will find their way to school where love teaches the lessons, as readily as adults find their way to the church where the voice of love alone is heard.” (Letter III) It is no coincidence then that Alcott was refused an opportunity to speak before the Teachers’ Institute (a convention of common school teachers) in Boston in 1847. Alcott wrote in his Journal about Horace Mann, “The Secretary of Education deemed it unsafe to introduce me to the teachers, and, on pressing my desire to give them the benefit of my experience as an educator, I was informed that my political opinions were esteemed hostile to the existence of the State, and that I could not aid the cause of popular culture.”[73] The same could have equally been said of Charles Lane.
In presenting the case for the practicality of voluntarily provided goods and services, Lane admits that he has ignored the “highest moral ground”. (Letter IV) Nevertheless he realizes that his argument pertains to all people, whether they be good, bad, or indifferent: “It behooves us therefore as christians, as philanthropists, aye, even as selfish beings of any sound discrimination, to turn our backs upon this forceful and representative system.” (Letter VI) Whatever be the inherent condition of man’s nature (whether basically good or evil), voluntary relations among them are the most moral and the most productive of peace and prosperity. Either men are sufficiently aware of their own self-interest so as to take care of themselves and their property, or they are so far from this (being able to take care for themselves and their property) that they have no business participating in the political process called government. In either case, Lane urges that there is no need for compulsory government. (Letter IV)

Another theme running throughout Lane’s letters concerns the tendency “there is in men to depart in action from the principles they have laid down in words.” (Letter V) This can best be seen in the fact that slavery existed in the United States when Lane wrote these letters. A federal constitution with guarantees for security of life and property and the writ of habeas corpus was a mockery if it coexisted with slavery. However to Lane, the existence of slavery was only indicative of a much larger evil which lived in the body politic. In a discussion of consent, Lane points out that the preamble to the State Constitution of Massachusetts reads: “The body politic is formed by a voluntary association of individuals[74] In an argument written before the heyday of Lysander Spooner, Lane argues that:

All, therefore, on behalf of which I am asserting may be summed up as the restoration of the primary constitutional principle. I give no strained or unusual value to the word “voluntary” on this occasion. Either it means choice, or it means nothing at all. If it does not assert the free voluntariness of every individual who comes into “the body politic” it signifies nothing; or at least nothing which common sense can lay hold of. If the voluntariness is to be confined to those who have the power, and they are to be at liberty to force every one into the association, then I must esteem this word “voluntary” to be a solemn mockery; and the sooner it is erased, and the term “forced” is put in its stead, the sooner will the words of the Constitution harmonize with the idea of its framers, and be at one with the very practice of its supporters. (Letter V)

In one of his opening statements, Lane presents the question, “Why should we have all this complicated and costly machinery of government?” (Letter I) In his final letter he summarizes his answer to this question by saying he has “sought to show what an obstacle to true progress the State now is, and how easily it could be set aside or avoided.” (Letter VII) Lane’s aversion to politics is apparent in many of his letters and was perfectly compatible with the no-voting and no-office-holding theories espoused by the radical abolitionists. Lane implicitly recognizes that governmental control rests on the acquiescence of the citizenry. What is needed is for reform to begin with the individual, so that eventually enough people will be aroused to withdraw their sanction from the State. His anti-political outlook comes out quite strongly in his remarks about “avoiding the bean” in Letter III. “What,” he asks, “would be the probable consequences of a total abstinence of the citizens from the ballot box?” Since Lane views the State and the political system as “one huge defect”, he does not shrink from answering the question. (Letter IV) In fact, Lane urges us to go “as far as possible from human governments.” (Letter V) He reminds us that for “a season perhaps it is the misfortune of everyone to fall into this delusion of imagining that human good is to be served by political means.” (Letter VI) Finally in Letter VII, he forthrightly answers the question: “What are we to do?” His answer: “Do nothing.” Leave the beast alone he says. It cannot be reformed; participation in politics is evil. “Like all our enemies, State oppression will die of itself if we meddle not with it” and do not support it. Disown the government and do not support it with your taxes. Enlighten the oppressed as to their own self-imposed servitude, but stay away from the State for it will only contaminate you. The similarity between Lane’s answer and Thoreau’s solution is striking: “When the subject has refused allegiance, and the officer has resigned his office, then the revolution is accomplished.”[75]

Carl Watner — February 1982


Footnotes

1. Perry, pp.ix,x, 53 and 166.
2. See Watner, “The Radical Libertarian Tradition in Antislavery Thought”.
3. Phillips, “Review”, p.10; Rogers, A Collection, p. 333.
4. Perry, Chapter III, “Nonresistant Anarchism and Antislavery”; Brock, p. 594; and Spooner, Vol. I for No Treason.
5. Glick, “Thoreau and Radical Abolitionism”, pp. 35, 90; Wiecek, Chapter 10, “The Garrisonian Critique”.
6. Bedell, p. 181, citing Hernstadt, p. 70.
7. Cummins, p. 47; Harland, p. 40.
8. Cummins, pp. 17-20; Harland, pp.28-29.
9. Cummins, p. 40.
10. ibid., p. 71.
11. ibid., p. 74.
12. ibid., p. 75.
13. ibid., pp. 76, 78-79; Harland, p. 30.
14. Sanborn, pp. 9, 24.
15. Cummins, p. 85; Stoehr, p. 16.
16. Sears, p. 12.
17. Shepard, Pedlar’s Progress, pp. 357, 324, 345; Cummins, p. 36.
18. cited by Stoehr, p. 47.
19. Broderick, p. 622.
20. Stoehr, pp. 47-48.
21. cited by Stoehr, pp. 45-46.
22. cited by Sanborn, p. 48.
23. Shepard, The Journals, pp. 150-151.
24. Harland, p. 45; Cummins, p. 116.
25. Cummins, p. 116; Vermont Telegraph, July 12, 1843, p. 159.
26. Cummins, pp. 113, 170, 163; Shepard, Pedlar’s Progress, p. 360.
27. Sanborn, pp. 54-55; Cimmins, pp. 121-123; Watner, “Those Impossible Citizens'”, p. 179.
28. Cummins, pp. 127-129.
29. ibid., p. 130.
30. Sears, pp. 114-115.
31. Cummins, p. 278.
32. ibid., pp. 151, 180.
33. The Liberator, December 29, 1843, p. 107. According to Letter VII, Lane knew of the tax.
34. Rusk, Vol. III, p. 230.
35. The Liberator, October 31, 1845, p. 176, “Non-Resistance Anniversary”.
36. Cummins, pp. 194-194, 200-201.
37. ibid., pp. 204-207.
38. ibid., pp. 217, 227-228.
39. ibid., pp. 228-230.
40. For example see the letter signed both by Alcott and Lane, titled “The Consociate Family Life”.
41. Perry, pp. 81-84; Garrison, II, 236; The Liberator, October 11, 1839, p. 164, “First Annual Meeting of the New England Non-Resistance Society”.
42. The Liberator, October 30, 1840, p. 176, “Non-Resistance Society”.
43. The Liberator, February 14, 1840, p. 4, “Imprisonment for Conscience Sake”.
44. The Liberator, February 14, 1840, p. 4, “Military Conscription”, and The Liberator, February 14, 1840, p. 3, “Military Conscription”.
45. The Liberator, 1 October 1841, p. 3, “Third Annual Meeting of the New England Non-Resistance Society”.
46. Broderick, p. 617; Phillips, Can Abolitionists Vote, pp. 31-32; Glick, “Thoreau and Radical Abolitionism”, p. 96.
47. cited by Cummins, pp. 281-282.
48. Bedell, p. 264.
49. Glick, “Thoreau and Radical Abolitionism”, pp. 204-206.
50. Cummins, p. 61; Sanborn, p. 41. Thoreau helped sell off some of Lane’s books and Emerson helped collect the installment payments due on Fruitlands.
51. Adams, p. 64.
52. Thoreau, The Correspondence, p. 163 appearing in The Liberator, March 28, 1845, p. 51.
53. Meltzer, pp. 27-30; Adams, p. 647; Glick, “Thoreau and the ‘Herald of Freedom’,” Thoreau, “Herald of Freedom”.
54. Broderick, p. 652.
55. Shepard, The Journals, p. 201.
56. Perry, p. 85.
57. Shepard, Pedlar’s Progress, p. 263.
58. cited by Cummins, p. 232.
59. Vermont Telegraph, January 11, 1843, p. 65.
60. Thoreau, “Resistance to Civil Government”. p. 200.
61. Emerson, Essays, pp. 219-220. There are other passages, not quoted, which could pertain to Lane.
62. ibid., pp. 255-256. The editor’s note on p. 352 is in error, as to when Thoreau was arrested.
63. Smith, p. 56.
64. ibid., p. 58.
65. Clark, p. 374.
66. cited by Rothbard, Man, Economy, and State, p. 159.
67. Rothbard, Power and Market, p. 122.
68. ibid., p. 123. Rothbard notes that while the government would cease to exist, there would be an important necessity for the existence of a body of absolute law to guide the defense agencies in distinguishing objectively between defense and invasion.
69. Rogers, “Voluntary Government”, p. 19.
70. Vermont Telegraph, August 23, 1843, p. 181.
71. Rothbard, Power and Market, p. 122.
72. Rothbard, “Will Rothbard’s Free Market Justice Suffice?”, p. 19.
73. Shepard, The Journals, p. 195.
74. Swindler, p. 92. The Massachusetts State Constitution is the oldest of the original thirteen states. The preamble as cited by Lane is still part of the State constitution today.
75. Thoreau, “Resistance to Civil Government”, p. 200.

A Voluntary Political Government

Letters From Charles Lane

[ Intro ] – [ I ] – [ II ] – [ III ] – [ IV ] – [ V ] – [ VI ] – [ VII ]


Bibliography

Raymond Adams, “Thoreau’s Sources for ‘Resistance to Civil Government’,” 42 Studies in Philology (1945), pp. 640-653.

Madelon Bedell, The Alcotts, New York: Clarkson N. Potter, Inc., 1980.

Peter Brock, Pacifism in the United States, Princeton: Princeton University Press, 1968.

John C. Broderick, “Thoreau, Alcott, and the Poll Tax,” 53 Studies in Philology (1956), pp. 612-626.

Henry W. Clark, History of English Nonconformity, Vol. I, London: Chapman and Hall, 1911.

Roger William Cummins, “The Second Eden: Charles Lane and American Transcendentalism,” A Thesis Submitted to the Faculty of the Graduate School of the University of Minnesota, 1967.

Frederick Dahlstrand, Amos B. Alcott: An Intellectual Biography, East Brunswick: Farleigh Dickinson University Press, 1981.

Ralph Waldo Emerson, Essays, Second Series, Boston: Houghton, Mifflin and Co. 1903 (being Vol. III of the Centenary edition of The Complete Works of Ralph Waldo Emerson with a biographical introduction and notes by Edward Waldo Emerson).

Wendel Phillips Garrison, William Lloyd Garrison, Vol. II, Boston: Houghton, Mifflin and Co., 1889.

Wendell Glick, “Thoreau and the Herald of Freedom”, 22 New England Quarterly (1949), pp. 193-204.

Wendell Glick, “Thoreau and Radical Abolitionism: A Study of the Native Background of Thoreau’s Social Philosophy,” A Dissertation Submitted to the Graduate School of Northwestern University, February 1950.

Walter Harding, The Days of Henry Thoreau, New York: Alfred Knopf, 1966.

William Harry Harland, “Bronson Alcott’s English Friends,” (original manuscript at the Fruitlands Museum, Prospect Hill, Harvard, Mass.; reprinted by Joel Myerson, see entry below.

Herald of Freedom (four reels of microfilm obtained from G. Flint Purdy Library, Wayne State University, Detroit).

Richard L. Hernstadt, ed., The Letters of A. Bronson Alcott, Ames: Iowa State University Press, 1969.

Charles Lane, “The Consociate Family Life,” The Liberator, September 22, 1843, p. 152, and Herald of Freedom, September 8, 1843, pp. 113.

Charles Lane, “Personal Purity,” Vermont Telegraph, January 11, 1843, p. 65.

Charles Lane, “Property,” Vermont Telegraph, July 12, 1843, p. 159.

Charles Lane, “Reform and Reformers,” Herald of Freedom, March 3, 1843, p. 5.

Charles Lane, “State Slavery – Imprisonment of A. Bronson Alcott – Dawn of Liberty,” The Liberator, January 27, 1843, p. 16.

Charles Lane, “A Voluntary State Government,” The Liberator, February 10, 1843, p. 22.

Charles Lane, “A Voluntary Political Government,” The Liberator, March 3, 1843, p. 36; March 24, 1843, p. 48; April 7, 1843, p. 56; April 28, 1843, p. 68; May 12, 1843, p. 76; May 26, 1843, p. 84; and June 16, 1843, p. 96. Herald of Freedom, March 10, 1843, p. 9; March 24, 1843, p. 17; April 7, 1843, p. 28; April 28, 1843, p. 37; May 12, 1843, p. 45; May 26, 1843, p. 53; and June 16, 1843, p. 65.

The Liberator, (nine reels of microfilm obtained from G. Flint Purdy Library, Wayne State University, Detroit).

Joel Myerson, The New England Transcendentalists and “The Dial,” Rutherford: Fairleigh Dickinson University Press, 1980.

Joel Myerson, “William Harry Harland’s ‘Bronson Alcott’s English Friends’,” 8 Resources for American Library Study (1978), pp. 24-60.

Milton Meltzer, Thoreau: People, Principles and Politics, New York: Hill & Wang, 1963.

Gustave de Molinari, The Production of Security, New York: Center for Libertarian Studies, 1977, Occasional Paper Series No. 2.

Lewis Perry, Radical Abolitionism: Anarchy and the Government of God in Antislavery Thought, Ithica: Cornell University Press, 1973.

Wendell Phillips, Can Abolitionists Vote or Take Office Under the United States Constitution?, New York, American Anti-Slavery Society, 1845.

Wendell Phillips, Review of Lysander Spooner’s “Essay on the Unconstitutionality of Slavery,” Boston, Andrews & Prentiss, 1847.

Nathaniel Peabody Rogers, A Collection From the Miscellaneous Writings of Nathaniel Peabody Rogers, Boston: Benj. B. Mussey & Co., 1847.

Nathaniel Peabody Rogers, “Voluntary Government,” Herald of Freedom, March 24, 1843, p. 19.

Murray Rothbard, Man, Economy, and State, Princeton: D. Van Nostrand, 1962.

Murray Rothbard, Power and Market, Menlo Park: Institute for Humane Studies, 1970.

Murray Rothbard, “Will Rothbard’s Free Market Justice Suffice?” Reason (May 1973), pp. 19-25.

Ralph Rusk, ed., The Letters of Ralph Waldo Emerson, New York: Columbia University Press, 1939.

F. B. Sanborn, Bronson Alcott at Alcott House, England and fruitlands, New England, Cedar Rapids: The Torch Press, 1908.

Clara Endicott Sears, Bronson Alcott’s Fruitlands, Boston: Houghton, Mifflin & Co., 1915.

Odell Shepard, The Journals of Bronson Alcott, Boston: Little Brown & Co., 1938.

Odell Shepard, Pedlar’s Progress: The Life of Bronson Alcott, Boston: Little Brown & Co., 1937.

George H. Smith, “On ‘The Proper Sphere of Government’,” 1 Rampart Individualist (1981), pp. 56-58.

Herbert Spencer, “The Proper Sphere of Government,” 1 Rampart Individualist (1981), pp. 59-96.

Lysander Spooner, The Collected Works of Lysander Spooner, Vols. I-IV, Weston: M & S Press, 1971, (Charles Shively, editor).

Taylor Stoehr, Nay-Saying in Concord: Emerson, Alcott, and Thoreau, Hamden: Archon Books, 1979.

William F. Swindler, ed., Sources and Documents of United States Constitutions, Vol. 5, Dobbs Ferry: Oceana Publications, 1975.

Henry David Thoreau, The Correspondence of Henry David Thoreau, New York: New York University Press, 1958, (edited by Walter Harding and Carl Bode).

Henry David Thoreau, “Herald of Freedom,” The Dial (April 1844), pp. 507-512.

Henry David Thoreau, “Resistance to Civil Government,” Aesthetic Papers (1849), pp. 189-211.

Carl Watner, “The Radical Libertarian Tradition in Antislavery Thought,” III Journal of Libertarian Studies (1979), pp. 299-329.

Carl Watner, “Those ‘Impossible Citizens’: Civil Resistants in 19th Century New England,” III Journal of Libertarian Studies (1979), pp. 173-190.

William Wiecek, The Sources of Antislavery Constitutionalism in America, 1760-1848, Ithaca: Cornell University Press, 1977.

[ Intro ] – [ I ] – [ II ] – [ III ] – [ IV ] – [ V ] – [ VI ] – [ VII ]

Discourse on Voluntary Servitude, Etienne De La Boetie


The Discours sur la servitude volontaire
of
ÉTIENNE DE LA BOÉTIE,
1548

There are many editions of this classic work.
In addition to La Boetie’s book,
here is Murray Rothbard’s long article,
“The Political Thought of Etienne de La Boetie.”

The version below was rendered into English by
HARRY KURZ

[Published under the title
ANTI-DICTATOR]

New York: COLUMBIA UNIVERSITY PRESS: 1942.

DEDICATION

COPYRIGHT 1942
COLUMBIA UNIVERSITY PRESS, NEW YORK
First printing, January, 1942
Second printing, June, 1942

[Copyright not renewed, so now in public domain.]

Foreign agents:
OXFORD UNIVERSITY PRESS, Humphrey Milford, Amen House, London, E.G. 4, England,
AND B. I. Building, Nicol Road, Bombay, India

MANUFACTURED IN THE UNITED STATES OF AMERICA


This call to freedom ringing down the corridors of four centuries is sounded again here for the sake of peoples in all totalitarian countries today who dare not freely declare their thought.

It will also ring dear and beautiful in the ears of those who still live freely and who by faith and power will contribute to the liberation of the rest of mankind from the horrors of political serfdom.

ACKNOWLEDGMENTS

Dr. Royal S. van de Woestyne, formerly at Knox College, where I knew him, and now teaching at the Universities of Chicago and of Buffalo, first stirred an abiding interest in La Boétie by his expressed admiration for the spirit of liberty in the sixteenth century.

Mr. Gilbert H. Doane, formerly at the University of Nebraska, where I knew him, and now Director of Libraries at the University of Wisconsin, urged me effectively to undertake the work of giving to our new world a new rendering of La Boétie’s old cry for freedom.

Grace Cook Kurz, my wife, lent her luminous intelligence and beautiful literary style to the perfecting of the translation of the essay.

To Roy, Gilbert, and Grace, I express here gratitude for their inspiration and comradeship.

To Matilda L. Berg of the Columbia University Press I wish to make a special acknowledgment of her skilful and close scrutiny of the manuscript of this book and her excellent guidance.

HARRY KURZ
Queens College
February, 1942

INTRODUCTION

Unique Qualities of This Discourse

La Boétie’s essay against dictators[1] makes stirring reading. A clear analysis of how tyrants get power and maintain it, its simple assumption is that real power always lies in the hands of the people and that they can free themselves from a despot by an act of will unaccompanied by any gesture of violence. The astounding fact about this tract is that in 1948 it will be four hundred years old. One would seek hard to find any writing of current times that strips the sham from dictators more vigorously. Better than many modern political thinkers, its author not only reveals the contemptible nature of dictatorships, but he goes on to show, as is aptly stated by the exiled Borgese [2] “that all servitude is voluntary and the slave is more despicable than the tyrant is hateful.” No outraged cry from the past or present points the moral more clearly that Rome was worthy of her Nero, and by inference, Europe of her present little strutters and the agony in which they have engulfed their world. So appropriate to our day is this courageous essay that one’s amazement is aroused by the fact that a youth of eighteen really wrote it four centuries ago, with such far-sighted wisdom that his words can resound today as an ever-echoing demand for what is still dearest to mankind.

Life of the Author

La Boétie [3] was born at Sarlat, southwestern France, on November 1, 1530. He came from the provincial nobility, his father being an assistant to the governor of Perigord. His uncle, a priest, gave him his early training and prepared him for entrance to the School of Law at the University of Toulouse, where in 1553 he received his degree with special honors. During these years of study he steeped himself also in the classics so that later he translated from the Greek and composed poetry in Latin. Early in this period he wrote his immortal essay, presumably in 1548. His reputation as a scholar procured for him at graduation, although he was under age, appointment as a judge attached to the court of Bordeaux. He was named to a post vacated by an illustrious predecessor, Longa,[4] who was summoned as justice to Paris. During the next ten years we find La Boétie’s name on the official records of the court in connection with a number of difficult cases.

A justice of that day had to perform a wide variety of duties. La Boétie was called in as literary critic and censor when the Collège de Guyenne wanted official sanction for the presentation of some plays. A little later he was entrusted with the delicate mission of traveling to Paris to petition the king, Henry II, for special financial arrangements for the regular payment of the salaries of the court. He was successful in this quest and brought back also a personal message from the great Chancellor of France, Michel de l’Hospital, who was trying to pacify Catholics and Protestants and prevent fratricidal bloodshed. By the age of thirty our magistrate had achieved considerable renown as a specialist in arranging compromise between these religious factions, with a scrupulous fairness that inspired confidence. For the next three years, till 1563, he was extremely active at Agen, a hotbed of angry dispute where churches were violently entered and images destroyed. La Boétie was himself a devout Catholic with a liberal point of view. His sense of fairness generally led him to assign to the disputants different churches, and, in towns with only one place of worship, different hours for religious services. He wrote an approving Mémoire when the great Chancellor in 1562 issued an edict conferring greater freedom of worship upon the Huguenots.

La Boétie’s efforts might have borne fruit, but at one of his trips to Agen while some form of dysentery was raging in that region, he caught the germ, as his great friend Montaigne believes. This was in the spring of 1563. By August of that year our judge was far from well and decided to go for a rest to Médoc. Despite his illness he set out from Bordeaux but he was able to travel only a few kilometers. At Germignan, in the home of a fellow magistrate, he took to bed and grew rapidly worse. A week later, on August 14, he made his will, leaving all his papers and books to Montaigne, who courageously stood by him to the moment of his death. These deeply moving final hours are related by Montaigne in a touching letter written to his own father. A superb testimony to a Christian death, it is worthy to take its place beside other great documents of supreme farewell to life. In the early morning of Wednesday, August 18, 1563, La Boétie left this world at the very youthful age of less than thirty-three years.

Friendship of Two Men

The relationship between Montaigne and La Boétie is so impressive that their coming together seems, according to the former, to have been predestined. So irresistibly were they drawn to each other that, when they met, their earlier careers appeared as paths converging toward their union.

Michel de Montaigne succeeded his father at the court of Périgueux just before this court was merged with the one at Bordeaux. When in September, 1561, Montaigne began his judicial functions in Bordeaux, La Boétie had already served the tribunal there for eight years. It was natural for Montaigne, who was two years younger, to look up to the colleague whose tract on Voluntary Servitude he had already read in manuscript. In his essay on Friendship [5] he tells us of his feeling: “If I am urged to say why I loved him, I feel that it cannot be put into words; there is beyond any observation of mine a mysterious, inexplicable and predestined force in this union. We sought each other before we had met through reports each had heard about the other, which attracted our affections more singularly than the nature of the situation can suggest. I believe it was some dispensation from Heaven. When we met we embraced each other as soon as we heard the other’s name…. We found we were so captivated, so revealed to each other, so drawn together, that nothing ever since has been closer than one to the other.”

In various Latin epistles addressed to his friend, La Boétie pays similar tribute. And even in the essay on Voluntary Servitude, written before they met, we get a glimpse of what friendship could mean to a man whose spirit habitually dwelt on a high plane of integrity. Thereafter, these two made a perfect exchange of exalted love in a relationship for which their joined names have become a symbol. It is small wonder then that Montaigne will add to his immortal essay, some twenty-five years after the death of his friend, his sad but beautiful conclusion to the ineffable nature of their friendship: “We loved each other because it was he, because it was I.” There is nothing left to say.

We can begin to understand what the loss of such a friend meant to Montaigne. During the earlier years of mourning he languishes. Pleasure revives his pain for he wants his friend to share it at his side. His work at the court of Bordeaux becomes distasteful and he finally gives up his post to dedicate himself to his departed friend and to perpetuate his memory. First he prepares for publication all the manuscripts left him by La Boétie.[6] Very gradually he welcomes solitude and gives himself to the slow elaboration of his own sagacious essays.

It is to the honor of Montaigne that all his life he showed his gratitude for this unique friend bestowed upon him; and it is to the glory of La Boétie that he fully deserved the immortality into which their two names are forever fused by love.

Curious History of the Essay

Between 1560 and 1598 there were many outbreaks of religious war in France. Three brothers were crowned kings of France during this time, Francis II (1559-1560), Charles IX (1560-1574), and Henry III (1574-1589). That all three were ineffective rulers is largely due to the machinations of their mother, Catherine de Medici, who finally contrived the infamous massacre of St. Bartholomew’s Day, 1572. It was only after the Bourbon Henry IV abjured his Protestant faith a second time and entered Paris that some semblance of order was gradually restored, eventuating in the famous Edict of Nantes, 1598, that granted freedom of worship in the realm. Such was the period during which the Servitude volontaire was to play an extraordinary role.

Montaigne tells us it was composed in 1548, a date he later changed to 1546. In all likelihood La Boétie wrote it as a literary essay inspired by his Greek and Latin studies and conceived in the nature of a tribute to the classical spirit. There was no immediate event which drove the young author to this cry for freedom. It was circulated among friends at the University of Toulouse and copies of it were presumably made. When in 1563 Montaigne inherited the original among other books and papers, he placed these precious reliques in his own library. These memorabilia must have spoken to him, he must have fingered them as he composed his own essay on Friendship in the years just before 1580. He had already in 1571 published most of these manuscripts, but it occurred to him that the Servitude volontaire would make a fitting pendant to his chapter on Friendship and reveal to the world the heart and mind of his friend. He says at the beginning of his Chapter XXVIII: “It is a treatise which he entitled Voluntary Servitude, but those who did not know this have neatly renamed it Anti-One. He wrote it in his early youth, before reaching his eighteenth year, as a sort of discourse in honor of liberty opposed to tyranny. It has for some time been circulated among people of culture and not without great and deserved appreciation, for it is as pleasing and spirited as possible…. But of his writing there remained only this discourse (and even that by accident, for I believe he never saw it after it got away from his hands) and certain remarks on the Edict of January, famous during our civil wars, which will find their place elsewhere.[7] That is all I could find in the papers he left except the volume of his works that I have already published. I am myself especially indebted to the essay on Servitude, for it became the means of our first acquaintance. It was shown to me before I met him and gave me my first knowledge of his name….” Montaigne then goes on to celebrate the virtues of friendship, cites examples of it, and after speaking touchingly of his own attachment to his departed friend, he summons the young author of eighteen to speak. Then, suddenly, he adds: “Because I have discovered that this work has since been published, and with an evil purpose, by those who seek to disturb and change the form of our government without caring whether they better it, and who mixed it in with other grist from their own mills, I have decided not to print it here.’ Instead he substitutes a sequence of twenty-nine sonnets already printed in the earlier volume of La Boétie’s works, sonnets in honor of a lady.[8]

The essay was thus suppressed by the man who had the original in his hands and was therefore most capable of giving an authoritative version. This is to be regretted, as pirated editions had appeared. We must concede that Montaigne had ample justification for a decision taken merely to keep the good name of La Boétie out of civil strife. The fact is that the Servitude volontaire had appeared anonymously in print five times between 1574 and 1578,[9] largely as an instrument in the hands of Protestants to foment rebellion after the massacre of St. Bartholomew. No wonder then that Montaigne decided to withhold this document and the observations on the Edict of January, 1562, because, as he said, of the “brutal unpleasant atmosphere of this most disagreeable season.” These writings officially included by Montaigne in his own pages might have added fuel to the flame and wronged the reputation of his friend, whose inmost nature was opposed to violence. La Boétie was very far from imagining when he composed his classical discourse that it would transform its author ten years after his death into a champion of Huguenot resistance.

After Henry IV succeeded in quieting the realm by granting freedom of worship, the Servitude volontaire seemed to have ended its unexpected role. It was still mentioned in connection with Montaigne’s chapter on Friendship but readers were forgetting why the essayist had decided not to print it. Richelieu, in the early seventeenth century, was curious enough to want to read it but he had great difficulty in procuring a copy. A book dealer finally detached it from the Protestant Mémoires into which it had been set, and bound it separately for the Cardinal. We have no record of Richelieu’s impressions, but we can surmise that he must have smiled at the impetuous eloquence against tyranny. Throughout the century nothing further is heard of the essay. But in 1727, in Geneva, when the publisher Coste was getting out a five volume edition of Montaigne, he had the bright idea of adding La Boétie’s discourse as a tailpiece in the last volume. His example has since been followed in all the better editions of the Essais. The Servitude volontaire thus became again generally available to readers. An English translation, the only one before the rendering contained in this book, appeared in London in 1735. The editor has discovered only one copy of this in the United States.[10] It is not without emotion that one picks up this early tribute to liberty, which antedates our Revolution. Since this London edition, the Servitude volontaire has appeared twice in Italian and in French many times at peculiar dates, 1789, 1835, 1845, 1863 — in periods marked by agitation preceding popular revolt. In this way, it would seem that the mildest and most just of men has become through one inspired essay an instigator of revolution, a role that has been the historic mission of other humble spirits dedicated to peace.

The translation given here is not based upon the rather inaccurate printings of the essay in the sixteenth century but upon the manuscript once possessed by Henri de Mesmes (1532-1596), Privy Counsellor to Henry II. De Mesmes, then active in behalf of conciliation between Christian sects, had read this copy of the Servitude and had written comments in the margin. The manuscript [11] may well be the original once owned by Montaigne and lent to his friend Henri de Mesmes, to whom he also dedicated one of the fragments of La Boétie’s works in the volume he published. The previous English translation was based upon the Protestant version printed in 1577. The differences are matters of detail rather than of spirit.

Interpretation of the Essay

This manifesto from a free spirit fits very well into its century, a period of geographical exploration, mental inquiry, political dispute, and religious warfare. The turbulent second half of the sixteenth century, with its growing Protestantism and its spreading Renaissance, can be viewed as a gathering effort at emergence from the intellectual trammels of the Middle Ages. We can discern in France not only authors like Rabelais, Ronsard, and Montaigne, who all present a new vitality in thought, but also politcal protesters, pleading for a larger measure of individual freedom in the state. There were tracts like the Franco-Gallia (1573) of François Hotman, who tries to show that in becoming hereditary the French monarchy deviated from the principles of its founding; the Republique (1576) of Jean Bodin, who proposes an enlightened Catholic government; the Vindiciae contra tyrannos (1578) of Hubert Languet, wherein royal policies are vigorously attacked; the Discours politiques et militaires (1587) of the one-armed sea captain François de la Noue, who found time between campaigns for Henry IV to preach tolerance. A little later Milton and Hobbes in England will be discussing similar political questions, Milton with devastating effect in his Tenure of Kings and Magistrates (1649). La Boétie would appear as an inspired ancestor to this distinguished line of political pamphleteers.

Most scholars are agreed that the Servitude volontaire is not to be considered a transitory political document written to fit some particular emergency. It seems to be instead a serious contemplation of man’s relation to government, which fact makes it indeed the living document it is today and ever will be. Just as Machiavelli’s system may be termed autocratic, and Calvin’s theocratic, La Boétie’s is obviously one of the earliest Christian demonstrations of a new ideal in government, the democratic, for the author clearly states that men are born free and equal. The title he chose for his tract, Voluntary Servitude, proves that he considers the people responsible for their enslavement to a despot. He feels scorn for the tyrant but also contempt for the nation submitting to him. La Boétie’s genius consists in realizing and stating succinctly to his times the idea of the inalienable rights of the people, the very rights claimed for us in the Preamble to our American Constitution. The entire discourse breathes with this sentiment of the dignity and intrinsic independence of the individual.

It would be a mistake, however, to consider La Boétie a firebrand intentionally inciting to revolt against oppression. He has taken every precaution to prevent the application of his thinking to the government of France. His terms of deference are too sincere to permit any notion of hypocritical subservience. The truth is he was not a rebel. We know not only from his words but also from his judicial record that he was the declared enemy of violence. His method of redress against dictators is much more subtle and effective than violence, and might be substantially described as “passive resistance.” He sought political reform not by overt deeds involving bloodshed, but by a refusal of obedience to the orders of tyrants. Pastor Niemöller of Germany would be the perfect modern exponent of the doctrine of the discourse, which teaches essentially a peaceful method of obtaining liberty by the use of a moral weapon against which no dictator can prevail. La Boétie paints in lurid and clownish colors the complexion of tyranny, explains its unstable and contemptible basis, and then shows serenely the way to its overthrow by patience, passive resistance, and faith in God.

It is not too much to assert that, if this four hundred-year-old essay could be placed in the hands of the oppressed peoples of our day, they would find a sure way to a rebirth of freedom, a manifestation of a new spirit that would almost automatically obliterate the obscurantist strutters who today throttle their rights to life, liberty, and the pursuit of happiness.

ANTI-DICTATOR

[Note on this online edition: Kurz inserted sidebar comments which we present in the HTML version as the Alt attribute of a graphic image, which can be read in many browsers by passing the cursor over the image.]


I see no good in having several lords;
Let one alone be master, let one alone be king
.

These words Homer puts in the mouth of Ulysses,[1] as he addresses the people. If he had said nothing further than “I see no good in having several lords,” it would have been well spoken. For the sake of logic he should have maintained that the rule of several could not be good since the power of one man alone, as soon as he acquires the title of master, becomes abusive and unreasonable. Instead he declared what seems preposterous: “Let one alone be master, let one alone be king.” We must not be critical of Ulysses, who at the moment was perhaps obliged to speak these words in order to quell a mutiny in the army, for this reason, in my opinion, choosing language to meet the emergency rather than the truth. Yet, in the light of reason, it is a great misfortune to be at the beck and call of one master, for it is impossible to be sure that he is going to be kind, since it is always in his power to be cruel whenever he pleases. As for having several masters, according to the number one has, it amounts to being that many times unfortunate. Although I do not wish at this time to discuss this much debated question, namely whether other types of government are preferable to monarchy,[2] still I should like to know, before casting doubt on the place that monarchy should occupy among commonwealths, whether or not it belongs to such a group, since it is hard to believe that there is anything of common wealth in a country where everything belongs to one master. This question, however, can remain for another time and would really require a separate treatment involving by its very nature all sorts of political discussion.

For the present I should like merely to understand how it happens that so many men, so many villages, so many cities, so many nations, sometimes suffer under a single tyrant who has no other power than the power they give him; who is able to harm them only to the extent to which they have the willingness to bear with him; who could do them absolutely no injury unless they preferred to put up with him rather than contradict him.[3] Surely a striking situation! Yet it is so common that one must grieve the more and wonder the less at the spectacle of a million men serving in wretchedness, their necks under the yoke, not constrained by a greater multitude than they, but simply, it would seem, delighted and charmed by the name of one man alone whose power they need not fear, for he is evidently the one person whose qualities they cannot admire because of his inhumanity and brutality toward them. A weakness characteristic of human kind is that we often have to obey force; we have to make concessions; we ourselves cannot always be the stronger. Therefore, when a nation is constrained by the fortune of war to serve a single clique, as happened when the city of Athens served the thirty Tyrants,[4] one should not be amazed that the nation obeys, but simply be grieved by the situation; or rather, instead of being amazed or saddened, consider patiently the evil and look forward hopefully toward a happier future.

Our nature is such that the common duties of human relationship occupy a great part of the course of our life. It is reasonable to love virtue, to esteem good deeds, to be grateful for good from whatever source we may receive it, and, often, to give up some of our comfort in order to increase the honor and advantage of some man whom we love and who deserves it. Therefore, if the inhabitants of a country have found some great personage who has shown rare foresight in protecting them in an emergency, rare boldness in defending them, rare solicitude in governing them, and if, from that point on, they contract the habit of obeying him and depending on him to such an extent that they grant him certain prerogatives, I fear that such a procedure is not prudent, inasmuch as they remove him from a position in which he was doing good and advance him to a dignity in which he may do evil. Certainly while he continues to manifest good will one need fear no harm from a man who seems to be generally well disposed.

But O good Lord! What strange phenomenon is this? What name shall we give to it? What is the nature of this misfortune? What vice is it, or, rather, what degradation? To see an endless multitude of people not merely obeying, but driven to servility? Not ruled, but tyrannized over? These wretches have no wealth, no kin, nor wife nor children, not even life itself that they can call their own. They suffer plundering, wantonness, cruelty, not from an army, not from a barbarian horde, on account of whom they must shed their blood and sacrifice their lives, but from a single man; not from a Hercules nor from a Samson, but from a single little man. Too frequently this same little man is the most cowardly and effeminate in the nation, a stranger to the powder of battle and hesitant on the sands of the tournament; not only without energy to direct men by force, but with hardly enough virility to bed with a common woman! Shall we call subjection to such a leader cowardice? Shall we say that those who serve him are cowardly and faint-hearted? If two, if three, if four, do not defend themselves from the one, we might call that circumstance surprising but nevertheless conceivable. In such a case one might be justified in suspecting a lack of courage. But if a hundred, if a thousand endure the caprice of a single man, should we not rather say that they lack not the courage but the desire to rise against him, and that such an attitude indicates indifference rather than cowardice? When not a hundred, not a thousand men, but a hundred provinces, a thousand cities, a million men, refuse to assail a single man from whom the kindest treatment received is the infliction of serfdom and slavery, what shall we call that? Is it cowardice? Of course there is in every vice inevitably some limit beyond which one cannot go. Two, possibly ten, may fear one; but when a thousand, a million men, a thousand cities, fail to protect themselves against the domination of one man, this cannot be called cowardly, for cowardice does not sink to such a depth, any more than valor can be termed the effort of one individual to scale a fortress, to attack an army, or to conquer a kingdom. What monstrous vice, then, is this which does not even deserve to be called cowardice, a vice for which no term can be found vile enough, which nature herself disavows and our tongues refuse to name?

Place on one side fifty thousand armed men, and on the other the same number; let them join in battle, one side fighting to retain its liberty, the other to take it away; to which would you, at a guess, promise victory? Which men do you think would march more gallantly to combat — those who anticipate as a reward for their suffering the maintenance of their freedom, or those who cannot expect any other prize for the blows exchanged than the enslavement of others? One side will have before its eyes the blessings of the past and the hope of similar joy in the future; their thoughts will dwell less on the comparatively brief pain of battle than on what they may have to endure forever, they, their children, and all their posterity. The other side has nothing to inspire it with courage except the weak urge of greed, which fades before danger and which can never be so keen, it seems to me, that it will not be dismayed by the least drop of blood from wounds. Consider the justly famous battles of Miltiades,[5] Leonidas,[6] Themistocles,[7] still fresh today in recorded history and in the minds of men as if they had occurred but yesterday, battles fought in Greece for the welfare of the Greeks and as an example to the world. What power do you think gave to such a mere handful of men not the strength but the courage to withstand the attack of a fleet so vast that even the seas were burdened, and to defeat the armies of so many nations, armies so immense that their officers alone outnumbered the entire Greek force? What was it but the fact that in those glorious days this struggle represented not so much a fight of Greeks against Persians as a victory of liberty over domination, of freedom over greed?

It amazes us to hear accounts of the valor that liberty arouses in the hearts of those who defend it; but who could believe reports of what goes on every day among the inhabitants of some countries, who could really believe that one man alone may mistreat a hundred thousand and deprive them of their liberty? Who would credit such a report if he merely heard it, without being present to witness the event? And if this condition occurred only in distant lands and were reported to us, which one among us would not assume the tale to be imagined or invented, and not really true? Obviously there is no need of fighting to overcome this single tyrant, for he is automatically defeated if the country refuses consent to its own enslavement: it is not necessary to deprive him of anything, but simply to give him nothing; there is no need that the country make an effort to do anything for itself provided it does nothing against itself. It is therefore the inhabitants themselves who permit, or, rather, bring about, their own subjection, since by ceasing to submit they would put an end to their servitude. A people enslaves itself, cuts its own throat, when, having a choice between being vassals and being free men, it deserts its liberties and takes on the yoke, gives consent to its own misery, or, rather, apparently welcomes it. If it cost the people anything to recover its freedom, I should not urge action to this end, although there is nothing a human should hold more dear than the restoration of his own natural right, to change himself from a beast of burden back to a man, so to speak. I do not demand of him so much boldness; let him prefer the doubtful security of living wretchedly to the uncertain hope of living as he pleases. What then? If in order to have liberty nothing more is needed than to long for it, if only a simple act of the will is necessary, is there any nation in the world that considers a single wish too high a price to pay in order to recover rights which it ought to be ready to redeem at the cost of its blood, rights such that their loss must bring all men of honor to the point of feeling life to be unendurable and death itself a deliverance?

Everyone knows that the fire from a little spark will increase and blaze ever higher as long as it finds wood to burn; yet without being quenched by water, but merely by finding no more fuel to feed on, it consumes itself, dies down, and is no longer a flame. Similarly, the more tyrants pillage, the more they crave, the more they ruin and destroy; the more one yields to them, and obeys them, by that much do they become mightier and more formidable, the readier to annihilate and destroy. But if not one thing is yielded to them, if, without any violence they are simply not obeyed, they become naked and undone and as nothing, just as, when the root receives no nourishment, the branch withers and dies.

To achieve the good that they desire, the bold do not fear danger; the intelligent do not refuse to undergo suffering. It is the stupid and cowardly who are neither able to endure hardship nor to vindicate their rights; they stop at merely longing for them, and lose through timidity the valor roused by the effort to claim their rights, although the desire to enjoy them still remains as part of their nature. A longing common to both the wise and the foolish, to brave men and to cowards, is this longing for all those things which, when acquired, would make them happy and contented. Yet one element appears to be lacking. I do not know how it happens that nature fails to place within the hearts of men a burning desire for liberty, a blessing so great and so desirable that when it is lost all evils follow thereafter, and even the blessings that remain lose taste and savor because of their corruption by servitude. Liberty is the only joy upon which men do not seem to insist; for surely if they really wanted it they would receive it. Apparently they refuse this wonderful privilege because it is so easily acquired.

Poor, wretched, and stupid peoples, nations determined on your own misfortune and blind to your own good! You let yourselves be deprived before your own eyes of the best part of your revenues; your fields are plundered, your homes robbed, your family heirlooms taken away. You live in such a way that you cannot claim a single thing as your own; and it would seem that you consider yourselves lucky to be loaned your property, your families, and your very lives. All this havoc, this misfortune, this ruin, descends upon you not from alien foes, but from the one enemy whom you yourselves render as powerful as he is, for whom you go bravely to war, for whose greatness you do not refuse to offer your own bodies unto death. He who thus domineers over you has only two eyes, only two hands, only one body, no more than is possessed by the least man among the infinite numbers dwelling in your cities; he has indeed nothing more than the power that you confer upon him to destroy you. Where has he acquired enough eyes to spy upon you, if you do not provide them yourselves? How can he have so many arms to beat you with, if he does not borrow them from you? The feet that trample down your cities, where does he get them if they are not your own? How does he have any power over you except through you? How would he dare assail you if he had no cooperation from you? What could he do to you if you yourselves did not connive with the thief who plunders you, if you were not accomplices of the murderer who kills you, if you were not traitors to yourselves? You sow your crops in order that he may ravage them, you install and furnish your homes to give him goods to pillage; you rear your daughters that he may gratify his lust; you bring up your children in order that he may confer upon them the greatest privilege he knows — to be led into his battles, to be delivered to butchery, to be made the servants of his greed and the instruments of his vengeance; you yield your bodies unto hard labor in order that he may indulge in his delights and wallow in his filthy pleasures; you weaken yourselves in order to make him the stronger and the mightier to hold you in check. From all these indignities, such as the very beasts of the field would not endure, you can deliver yourselves if you try, not by taking action, but merely by willing to be free. Resolve to serve no more, and you are at once freed. I do not ask that you place hands upon the tyrant to topple him over, but simply that you support him no longer; then you will behold him, like a great Colossus whose pedestal has been pulled away, fall of his own weight and break in pieces.

Doctors are no doubt correct in warning us not to touch incurable wounds; and I am presumably taking chances in preaching as I do to a people which has long lost all sensitivity and, no longer conscious of its infirmity, is plainly suffering from mortal illness. Let us therefore understand by logic, if we can, how it happens that this obstinate willingness to submit has become so deeply rooted in a nation that the very love of liberty now seems no longer natural.

In the first place, all would agree that, if we led our lives according to the ways intended by nature and the lessons taught by her, we should be intuitively obedient to our parents; later we should adopt reason as our guide and become slaves to nobody. Concerning the obedience given instinctively to one’s father and mother, we are in agreement, each one admitting himself to be a model. As to whether reason is born with us or not, that is a question loudly discussed by academicians and treated by all schools of philosophers. For the present I think I do not err in stating that there is in our souls some native seed of reason, which, if nourished by good counsel and training, flowers into virtue, but which, on the other hand, if unable to resist the vices surrounding it, is stifled and blighted. Yet surely if there is anything in this world clear and obvious, to which one cannot close one’s eyes, it is the fact that nature, handmaiden of God, governess of men, has cast us all in the same mold in order that we may behold in one another companions, or rather brothers. If in distributing her gifts nature has favored some more than others with respect to body or spirit, she has nevertheless not planned to place us within this world as if it were a field of battle, and has not endowed the stronger or the cleverer in order that they may act like armed brigands in a forest and attack the weaker. One should rather conclude that in distributing larger shares to some and smaller shares to others, nature has intended to give occasion for brotherly love to become manifest, some of us having the strength to give help to others who are in need of it. Hence, since this kind mother has given us the whole world as a dwelling place, has lodged us in the same house, has fashioned us according to the same model so that in beholding one another we might almost recognize ourselves; since she has bestowed upon us all the great gift of voice and speech for fraternal relationship, thus achieving by the common and mutual statement of our thoughts a communion of our wills; and since she has tried in every way to narrow and tighten the bond of our union and kinship; since she has revealed in every possible manner her intention, not so much to associate us as to make us one organic whole, there can be no further doubt that we are all naturally free, inasmuch as we are all comrades. Accordingly it should not enter the mind of anyone that nature has placed some of us in slavery, since she has actually created us all in one likeness.

Therefore it is fruitless to argue whether or not liberty is natural, since none can be held in slavery without being wronged, and in a world governed by a nature, which is reasonable, there is nothing so contrary as an injustice. Since freedom is our natural state, we are not only in possession of it but have the urge to defend it. Now, if perchance some cast a doubt on this conclusion and are so corrupted that they are not able to recognize their rights and inborn tendencies, I shall have to do them the honor that is properly theirs and place, so to speak, brute beasts in the pulpit to throw light on their nature and condition. The very beasts, God help me! if men are not too deaf, cry out to them, “Long live Liberty!” Many among them die as soon as captured: just as the fish loses life as soon as he leaves the water, so do these creatures close their eyes upon the light and have no desire to survive the loss of their natural freedom. If the animals were to constitute their kingdom by rank, their nobility would be chosen from this type. Others, from the largest to the smallest, when captured put up such a strong resistance by means of claws, horns, beak, and paws, that they show clearly enough how they cling to what they are losing; afterwards in captivity they manifest by so many evident signs their awareness of their misfortune, that it is easy to see they are languishing rather than living, and continue their existence more in lamentation of their lost freedom than in enjoyment of their servitude. What else can explain the behavior of the elephant who, after defending himself to the last ounce of his strength and knowing himself on the point of being taken, dashes his jaws against the trees and breaks his tusks, thus manifesting his longing to remain free as he has been and proving his wit and ability to buy off the huntsmen in the hope that through the sacrifice of his tusks he will be permitted to offer his ivory as a ransom for his liberty? We feed the horse from birth in order to train him to do our bidding. Yet he is tamed with such difficulty that when we begin to break him in he bites the bit, he rears at the touch of the spur, as if to reveal his instinct and show by his actions that, if he obeys, he does so not of his own free will but under constraint. What more can we say?

“Even the oxen under the weight of the yoke complain,
And the birds in their cage lament,”

as I expressed it some time ago, toying with our French poesy. For I shall not hesitate in writing to you, O Longa,[8] to introduce some of my verses, which I never read to you because of your obvious encouragement which is quite likely to make me conceited. And now, since all beings, because they feel, suffer misery in subjection and long for liberty; since the very beasts, although made for the service of man, cannot become accustomed to control without protest, what evil chance has so denatured man that he, the only creature really born to be free, lacks the memory of his original condition and the desire to return to it?

There are three kinds of tyrants; some receive their proud position through elections by the people, others by force of arms, others by inheritance. Those who have acquired power by means of war act in such wise that it is evident they rule over a conquered country. Those who are born to kingship are scarcely any better, because they are nourished on the breast of tyranny, suck in with their milk the instincts of the tyrant, and consider the people under them as their inherited serfs; and according to their individual disposition, miserly or prodigal, they treat their kingdom as their property. He who has received the state from the people, however, ought to be, it seems to me, more bearable and would be so, I think, were it not for the fact that as soon as he sees himself higher than the others, flattered by that quality which we call grandeur, he plans never to relinquish his position. Such a man usually determines to pass on to his children the authority that the people have conferred upon him; and once his heirs have taken this attitude, strange it is how far they surpass other tyrants in all sorts of vices, and especially in cruelty, because they find no other means to impose this new tyranny than by tightening control and removing their subjects so far from any notion of liberty that even if the memory of it is fresh it will soon be eradicated. Yet, to speak accurately, I do perceive that there is some difference among these three types of tyranny, but as for stating a preference, I cannot grant there is any. For although the means of coming into power differ, still the method of ruling is practically the same; those who are elected act as if they were breaking in bullocks; those who are conquerors make the people their prey; those who are heirs plan to treat them as if they were their natural slaves.

In connection with this, let us imagine some newborn individuals, neither acquainted with slavery nor desirous of liberty, ignorant indeed of the very words. If they were permitted to choose between being slaves and free men, to which would they give their vote? There can be no doubt that they would much prefer to be guided by reason itself than to be ordered about by the whims of a single man. The only possible exception might be the Israelites who, without any compulsion or need, appointed a tyrant.[9] I can never read their history without becoming angered and even inhuman enough to find satisfaction in the many evils that befell them on this account. But certainly all men, as long as they remain men, before letting themselves become enslaved must either be driven by force or led into it by deception; conquered by foreign armies, as were Sparta and Athens by the forces of Alexander [10] or by political factions, as when at an earlier period the control of Athens had passed into the hands of Pisistrates.[11] When they lose their liberty through deceit they are not so often betrayed by others as misled by themselves. This was the case with the people of Syracuse, chief city of Sicily (I am told the place is now named Saragossa [12]) when, in the throes of war and heedlessly planning only for the present danger, they promoted Denis,[13] their first tyrant, by entrusting to him the command of the army, without realizing that they had given him such power that on his victorious return this worthy man would behave as if he had vanquished not his enemies but his compatriots, transforming himself from captain to king, and then from king to tyrant.

It is incredible how as soon as a people becomes subject, it promptly falls into such complete forgetfulness of its freedom that it can hardly be roused to the point of regaining it, obeying so easily and so willingly that one is led to say, on beholding such a situation, that this people has not so much lost its liberty as won its enslavement. It is true that in the beginning men submit under constraint and by force; but those who come after them obey without regret and perform willingly what their predecessors had done because they had to. This is why men born under the yoke and then nourished and reared in slavery are content, without further effort, to live in their native circumstance, unaware of any other state or right, and considering as quite natural the condition into which they were born. There is, however, no heir so spendthrift or indifferent that he does not sometimes scan the account books of his father in order to see if he is enjoying all the privileges of his legacy or whether, perchance, his rights and those of his predecessor have not been encroached upon. Nevertheless it is clear enough that the powerful influence of custom is in no respect more compelling than in this, namely, habituation to subjection. It is said that Mithridates[14] trained himself to drink poison. Like him we learn to swallow, and not to find bitter, the venom of servitude. It cannot be denied that nature is influential in shaping us to her will and making us reveal our rich or meager endowment; yet it must be admitted that she has less power over us than custom, for the reason that native endowment, no matter how good, is dissipated unless encouraged, whereas environment always shapes us in its own way, whatever that may be, in spite of nature’s gifts. The good seed that nature plants in us is so slight and so slippery that it cannot withstand the least harm from wrong nourishment; it flourishes less easily, becomes spoiled, withers, and comes to nothing. Fruit trees retain their own particular quality if permitted to grow undisturbed, but lose it promptly and bear strange fruit not their own when ingrafted. Every herb has its peculiar characteristics, its virtues and properties; yet frost, weather, soil, or the gardener’s hand increase or diminish its strength; the plant seen in one spot cannot be recognized in another.

Whoever could have observed the early Venetians,[15] a handful of people living so freely that the most wicked among them would not wish to be king over them, so born and trained that they would not vie with one another except as to which one could give the best counsel and nurture their liberty most carefully, so instructed and developed from their cradles that they would not exchange for all the other delights of the world an iota of their freedom; who, I say, familiar with the original nature of such a people, could visit today the territories of the man known as the Great Doge, and there contemplate with composure a people unwilling to live except to serve him, and maintaining his power at the cost of their lives? Who would believe that these two groups of people had an identical origin? Would one not rather conclude that upon leaving a city of men he had chanced upon a menagerie of beasts? Lycurgus,[16] the lawgiver of Sparta, is reported to have reared two dogs of the same litter by fattening one in the kitchen and training the other in the fields to the sound of the bugle and the horn, thereby to demonstrate to the Lacedaemonians that men, too, develop according to their early habits. He set the two dogs in the open market place, and between them he placed a bowl of soup and a hare. One ran to the bowl of soup, the other to the hare; yet they were, as he maintained, born brothers of the same parents. In such manner did this leader, by his laws and customs, shape and instruct the Spartans so well that any one of them would sooner have died than acknowledge any sovereign other than law and reason.

It gives me pleasure to recall a conversation of the olden time between one of the favorites of Xerxes, the great king of Persia, and two Lacedaemonians. When Xerxes[17] equipped his great army to conquer Greece, he sent his ambassadors into the Greek cities to ask for water and earth. That was the procedure the Persians adopted in summoning the cities to surrender. Neither to Athens nor to Sparta, however, did he dispatch such messengers, because those who had been sent there by Darius his father had been thrown, by the Athenians and Spartans, some into ditches and others into wells, with the invitation to help themselves freely there to water and soil to take back to their prince. Those Greeks could not permit even the slightest suggestion of encroachment upon their liberty. The Spartans suspected, nevertheless, that they had incurred the wrath of the gods by their action, and especially the wrath of Talthybios,[18] the god of the heralds; in order to appease him they decided to send to Xerxes two of their citizens in atonement for the cruel death inflicted upon the ambassadors of his father. Two Spartans, one named Sperte and the other Bulis, volunteered to offer themselves as a sacrifice. So they departed, and on the way they came to the palace of the Persian named Hydarnes, lieutenant of the king in all the Asiatic cities situated on the sea coasts. He received them with great honor, feasted them, and then, speaking of one thing and another, he asked them why they refused so obdurately his king’s friendship. “Consider well, O Spartans,” said he, “and realize by my example that the king knows how to honor those who are worthy, and believe that if you were his men he would do the same for you; if you belonged to him and he had known you, there is not one among you who might not be the lord of some Greek city.”

“By such words, Hydarnes, you give us no good counsel,” replied the Lacedaemonians, “because you have experienced merely the advantage of which you speak; you do not know the privilege we enjoy. You have the honor of the king’s favor; but you know nothing about liberty, what relish it has and how sweet it is. For if you had any knowledge of it, you yourself would advise us to defend it, not with lance and shield, but with our very teeth and nails.”

Only Spartans could give such an answer, and surely both of them spoke as they had been trained. It was impossible for the Persian to regret liberty, not having known it, nor for the Lacedaemonians to find subjection acceptable after having enjoyed freedom.

Cato the Utican,[19] while still a child under the rod, could come and go in the house of Sylla the despot. Because of the place and family of his origin and because he and Sylla were close relatives, the door was never closed to him. He always had his teacher with him when he went there, as was the custom for children of noble birth. He noticed that in the house of Sylla, in the dictator’s presence or at his command, some men were imprisoned and others sentenced; one was banished, another was strangled; one demanded the goods of another citizen, another his head; in short, all went there, not as to the house of a city magistrate but as to the people’s tyrant, and this was therefore not a court of justice, but rather a resort of tyranny. Whereupon the young lad said to his teacher, “Why don’t you give me a dagger? I will hide it under my robe. I often go into Sylla’s room before he is risen, and my arm is strong enough to rid the city of him.” There is a speech truly characteristic of Cato; it was a true beginning of this hero so worthy of his end. And should one not mention his name or his country, but state merely the fact as it is, the episode itself would speak eloquently, and anyone would divine that he was a Roman born in Rome at the time when she was free.

And why all this? Certainly not because I believe that the land or the region has anything to do with it, for in any place and in any climate subjection is bitter and to be free is pleasant; but merely because I am of the opinion that one should pity those who, at birth, arrive with the yoke upon their necks. We should exonerate and forgive them, since they have not seen even the shadow of liberty, and, being quite unaware of it, cannot perceive the evil endured through their own slavery. If there were actually a country like that of the Cimmerians mentioned by Homer, where the sun shines otherwise than on our own, shedding its radiance steadily for six successive months and then leaving humanity to drowse in obscurity until it returns at the end of another half-year, should we be surprised to learn that those born during this long night do grow so accustomed to their native darkness that unless they were told about the sun they would have no desire to see the light? One never pines for what he has never known; longing comes only after enjoyment and constitutes, amidst the experience of sorrow, the memory of past joy. It is truly the nature of man to be free and to wish to be so, yet his character is such that he instinctively follows the tendencies that his training gives him.

Let us therefore admit that all those things to which he is trained and accustomed seem natural to man and that only that is truly native to him which he receives with his primitive, untrained individuality. Thus custom becomes the first reason for voluntary servitude. Men are like handsome race horses who first bite the bit and later like it, and rearing under the saddle a while soon learn to enjoy displaying their harness and prance proudly beneath their trappings. Similarly men will grow accustomed to the idea that they have always been in subjection, that their fathers lived in the same way; they will think they are obliged to suffer this evil, and will persuade themselves by example and imitation of others, finally investing those who order them around with proprietary rights, based on the idea that it has always been that way.

There are always a few, better endowed than others, who feel the weight of the yoke and cannot restrain themselves from attempting to shake it off: these are the men who never become tamed under subjection and who always, like Ulysses on land and sea constantly seeking the smoke of his chimney, cannot prevent themselves from peering about for their natural privileges and from remembering their ancestors and their former ways. These are in fact the men who, possessed of clear minds and far-sighted spirit, are not satisfied, like the brutish mass, to see only what is at their feet, but rather look about them, behind and before, and even recall the things of the past in order to judge those of the future, and compare both with their present condition. These are the ones who, having good minds of their own, have further trained them by study and learning. Even if liberty had entirely perished from the earth, such men would invent it. For them slavery has no satisfactions, no matter how well disguised.

The Grand Turk was well aware that books and teaching more than anything else give men the sense to comprehend their own nature and to detest tyranny. I understand that in his territory there are few educated people, for he does not want many. On account of this restriction, men of strong zeal and devotion, who in spite of the passing of time have preserved their love of freedom, still remain ineffective because, however numerous they may be, they are not known to one another; under the tyrant they have lost freedom of action, of speech, and almost of thought; they are alone in their aspiration. Indeed Momus, god of mockery, was not merely joking when he found this to criticize in the man fashioned by Vulcan, namely, that the maker had not set a little window in his creature’s heart to render his thoughts visible. It is reported that Brutus, Cassius, and Casca, on undertaking to free Rome, and for that matter the whole world, refused to include in their band Cicero,[20] that great enthusiast for the public welfare if ever there was one, because they considered his heart too timid for such a lofty deed; they trusted his willingness but they were none too sure of his courage. Yet whoever studies the deeds of earlier days and the annals of antiquity will find practically no instance of heroes who failed to deliver their country from evil hands when they set about their task with a firm, whole-hearted, and sincere intention. Liberty, as if to reveal her nature, seems to have given them new strength. Harmodios and Aristogiton,[21] Thrasybulus,[22] Brutus the Elder,[23] Valerianus,[24] and Dion[25] achieved successfully what they planned virtuously: for hardly ever does good fortune fail a strong will. Brutus the Younger and Cassius were successful in eliminating servitude, and although they perished in their attempt to restore liberty, they did not die miserably (what blasphemy it would be to say there was anything miserable about these men, either in their death or in their living!). Their loss worked great harm, everlasting misfortune, and complete destruction of the Republic, which appears to have been buried with them. Other and later undertakings against the Roman emperors were merely plottings of ambitious people, who deserve no pity for the misfortunes that overtook them, for it is evident that they sought not to destroy, but merely to usurp the crown, scheming to drive away the tyrant, but to retain tyranny. For myself, I could not wish such men to prosper and I am glad they have shown by their example that the sacred name of Liberty must never be used to cover a false enterprise.

But to come back to the thread of our discourse, which I have practically lost: the essential reason why men take orders willingly is that they are born serfs and are reared as such. From this cause there follows another result, namely that people easily become cowardly and submissive under tyrants. For this observation I am deeply grateful to Hippocrates, the renowned father of medicine, who noted and reported it in a treatise of his entitled Concerning Diseases. This famous man was certainly endowed with a great heart and proved it clearly by his reply to the Great King,[26] who wanted to attach him to his person by means of special privileges and large gifts. Hippocrates answered frankly that it would be a weight on his conscience to make use of his science for the cure of barbarians who wished to slay his fellow Greeks, or to serve faithfully by his skill anyone who undertook to enslave Greece. The letter he sent the king can still be read among his other works and will forever testify to his great heart and noble character.

By this time it should be evident that liberty once lost, valor also perishes. A subject people shows neither gladness nor eagerness in combat: its men march sullenly to danger almost as if in bonds, and stultified; they do not feel throbbing within them that eagerness for liberty which engenders scorn of peril and imparts readiness to acquire honor and glory by a brave death amidst one’s comrades. Among free men there is competition as to who will do most, each for the common good, each by himself, all expecting to share in the misfortunes of defeat, or in the benefits of victory; but an enslaved people loses in addition to this warlike courage, all signs of enthusiasm, for their hearts are degraded, submissive, and incapable of any great deed. Tyrants are well aware of this, and, in order to degrade their subjects further, encourage them to assume this attitude and make it instinctive.

Xenophon, grave historian of first rank among the Greeks, wrote a book [27] in which he makes Simonides speak with Hieron, Tyrant of Syracuse, concerning the anxieties of the tyrant. This book is full of fine and serious remonstrances, which in my opinion are as persuasive as words can be. Would to God that all despots who have ever lived might have kept it before their eyes and used it as a mirror! I cannot believe they would have failed to recognize their warts and to have conceived some shame for their blotches. In this treatise is explained the torment in which tyrants find themselves when obliged to fear everyone because they do evil unto every man. Among other things we find the statement that bad kings employ foreigners in their wars and pay them, not daring to entrust weapons in the hands of their own people, whom they have wronged. (There have been good kings who have used mercenaries from foreign nations, even among the French, although more so formerly than today, but with the quite different purpose of preserving their own people, considering as nothing the loss of money in the effort to spare French lives. That is, I believe, what Scipio [28] the great African meant when he said he would rather save one citizen than defeat a hundred enemies.) For it is plainly evident that the dictator does not consider his power firmly established until he has reached the point where there is no man under him who is of any worth.

Therefore there may be justly applied to him the reproach to the master of the elephants made by Thrason and reported by Terence:

Are you indeed so proud
Because you command wild beasts? [29]

This method tyrants use of stultifying their subjects cannot be more clearly observed than in what Cyrus[30] did with the Lydians after he had taken Sardis, their chief city, and had at his mercy the captured Croesus, their fabulously rich king. When news was brought to him that the people of Sardis had rebelled, it would have been easy for him to reduce them by force; but being unwilling either to sack such a fine city or to maintain an army there to police it, he thought of an unusual expedient for reducing it. He established in it brothels, taverns, and public games, and issued the proclamation that the inhabitants were to enjoy them. He found this type of garrison so effective that he never again had to draw the sword against the Lydians. These wretched people enjoyed themselves inventing all kinds of games, so that the Latins have derived the word from them, and what we call pastimes they call ludi, as if they meant to say Lydi. Not all tyrants have manifested so clearly their intention to effeminize their victims; but in fact, what the aforementioned despot publicly proclaimed and put into effect, most of the others have pursued secretly as an end. It is indeed the nature of the populace, whose density is always greater in the cities, to be suspicious toward one who has their welfare at heart, and gullible toward one who fools them. Do not imagine that there is any bird more easily caught by decoy, nor any fish sooner fixed on the hook by wormy bait, than are all these poor fools neatly tricked into servitude by the slightest feather passed, so to speak, before their mouths. Truly it is a marvellous thing that they let themselves be caught so quickly at the slightest tickling of their fancy. Plays, farces, spectacles, gladiators, strange beasts, medals, pictures, and other such opiates, these were for ancient peoples the bait toward slavery, the price of their liberty, the instruments of tyranny. By these practices and enticements the ancient dictators so successfully lulled their subjects under the yoke, that the stupefied peoples, fascinated by the pastimes and vain pleasures flashed before their eyes, learned subservience as naively, but not so creditably, as little children learn to read by looking at bright picture books. Roman tyrants invented a further refinement. They often provided the city wards with feasts to cajole the rabble, always more readily tempted by the pleasure of eating than by anything else. The most intelligent and understanding amongst them would not have quit his soup bowl to recover the liberty of the Republic of Plato. Tyrants would distribute largess, a bushel of wheat, a gallon of wine, and a sesterce: [31] and then everybody would shamelessly cry, “Long live the King!” The fools did not realize that they were merely recovering a portion of their own property, and that their ruler could not have given them what they were receiving without having first taken it from them. A man might one day be presented with a sesterce and gorge himself at the public feast, lauding Tiberius and Nero for handsome liberality, who on the morrow, would be forced to abandon his property to their avarice, his children to their lust, his very blood to the cruelty of these magnificent emperors, without offering any more resistance than a stone or a tree stump. The mob has always behaved in this way — eagerly open to bribes that cannot be honorably accepted, and dissolutely callous to degradation and insult that cannot be honorably endured. Nowadays I do not meet anyone who, on hearing mention of Nero, does not shudder at the very name of that hideous monster, that disgusting and vile pestilence. Yet when he died — when this incendiary, this executioner, this savage beast, died as vilely as he had lived — the noble Roman people, mindful of his games and his festivals, were saddened to the point of wearing mourning for him. Thus wrote Cornelius Tacitus,[32] a competent and serious author, and one of the most reliable. This will not be considered peculiar in view of what this same people had previously done at the death of Julius Caesar, who had swept away their laws and their liberty, in whose character, it seems to me, there was nothing worth while, for his very liberality, which is so highly praised, was more baneful than the crudest tyrant who ever existed, because it was actually this poisonous amiability of his that sweetened servitude for the Roman people. After his death, that people, still preserving on their palates the flavor of his banquets and in their minds the memory of his prodigality, vied with one another to pay him homage. They piled up the seats of the Forum for the great fire that reduced his body to ashes, and later raised a column to him as to “The Father of His People.” [33] (Such was the inscription on the capital.) They did him more honor, dead as he was, than they had any right to confer upon any man in the world, except perhaps on those who had killed him.

They didn’t even neglect, these Roman emperors, to assume generally the title of Tribune of the People, partly because this office was held sacred and inviolable and also because it had been founded for the defense and protection of the people and enjoyed the favor of the state. By this means they made sure that the populace would trust them completely, as if they merely used the title and did not abuse it. Today there are some who do not behave very differently: they never undertake an unjust policy, even one of some importance, without prefacing it with some pretty speech concerning public welfare and common good. You well know, O Longa, this formula which they use quite cleverly in certain places; although for the most part, to be sure, there cannot be cleverness where there is so much impudence. The kings of the Assyrians and even after them those of the Medes showed themselves in public as seldom as possible in order to set up a doubt in the minds of the rabble as to whether they were not in some way more than man, and thereby to encourage people to use their imagination for those things which they cannot judge by sight. Thus a great many nations who for a long time dwelt under the control of the Assyrians became accustomed, with all this mystery, to their own subjection, and submitted the more readily for not knowing what sort of master they had, or scarcely even if they had one, all of them fearing by report someone they had never seen. The earliest kings of Egypt rarely showed themselves without carrying a cat, or sometimes a branch, or appearing with fire on their heads, masking themselves with these objects and parading like workers of magic. By doing this they inspired their subjects with reverence and admiration, whereas with people neither too stupid nor too slavish they would merely have aroused, it seems to me, amusement and laughter. It is pitiful to review the list of devices that early despots used to establish their tyranny; to discover how many little tricks they employed, always finding the populace conveniently gullible, readily caught in the net as soon as it was spread. Indeed they always fooled their victims so easily that while mocking them they enslaved them the more.

What comment can I make concerning another fine counterfeit that ancient peoples accepted as true money? They believed firmly that the great toe of Pyrrhus,[34] king of Epirus, performed miracles and cured diseases of the spleen; they even enhanced the tale further with the legend that this toe, after the corpse had been burned, was found among the ashes, untouched by the fire. In this wise a foolish people itself invents lies and then believes them. Many men have recounted such things, but in such a way that it is easy to see that the parts were pieced together from idle gossip of the city and silly reports from the rabble. When Vespasian,[35] returning from Assyria, passes through Alexandria on his way to Rome to take possession of the empire, he performs wonders: he makes the crippled straight, restores sight to the blind, and does many other fine things, concerning which the credulous and undiscriminating were, in my opinion, more blind than those cured. Tyrants themselves have wondered that men could endure the persecution of a single man; they have insisted on using religion for their own protection and, where possible, have borrowed a stray bit of divinity to bolster up their evil ways. If we are to believe the Sybil of Virgil, Salmoneus,[36] in torment for having paraded as Jupiter in older to deceive the populace, now atones in nethermost Hell:

He suffered endless torment for having dared to imitate
The thunderbolts of heaven and the flames of Jupiter.
Upon a chariot drawn by four chargers he went, unsteadily
Riding aloft, in his fist a great shining torch.
Among the Greeks and into the market-place
In the heart of the city of Elis he had ridden boldly:
And displaying thus his vainglory he assumed
An honor which undeniably belongs to the gods alone.
This fool who imitated storm and the inimitable thunderbolt
By clash of brass and with his dizzying charge
On horn-hoofed steeds, the all-powerful Father beheld,
Hurled not a torch, nor the feeble light
From a waxen taper with its smoky fumes,
But by the furious blast of thunder and lightning
He brought him low, his heels above his head.[37]

If such a one, who in his time acted merely through the folly of insolence, is so well received in Hell, I think that those who have used religion as a cloak to hide their vile-ness will be even more deservedly lodged in the same place.

Our own leaders have employed in France certain similar devices, such as toads, fleurs-de-lys, sacred vessels, and standards with flames of gold.[38] However that may be, I do not wish, for my part, to be incredulous, since neither we nor our ancestors have had any occasion up to now for skepticism. Our kings have always been so generous in times of peace and so valiant in time of war, that from birth they seem not to have been created by nature like many others, but even before birth to have been designated by Almighty God for the government and preservation of this kingdom. Even if this were not so, yet should I not enter the tilting ground to call in question the truth of our traditions, or to examine them so strictly as to take away their fine conceits. Here is such a field for our French poetry, now not merely honored but, it seems to me, reborn through our Ronsard, our Baïf, our Bellay.[39] These poets are defending our language so well that I dare to believe that very soon neither the Greeks nor the Latins will in this respect have any advantage over us except possibly that of seniority. And I should assuredly do wrong to our poesy — I like to use that word despite the fact that several have rimed mechanically, for I still discern a number of men today capable of ennobling poetry and restoring it to its first lustre — but, as I say, I should do the Muse great injury if I deprived her now of those fine tales about King Clovis, amongst which it seems to me I can already see how agreeably and how happily the inspiration of our Ronsard in his Franciade [40] will play. I appreciate his loftiness, I am aware of his keen spirit, and I know the charm of the man: he will appropriate the oriflamme to his use much as did the Romans their sacred bucklers and the shields cast from heaven to earth, according to Virgil.[41] He will use our phial of holy oil much as the Athenians used the basket of Ericthonius;[42] he will win applause for our deeds of valor as they did for their olive wreath which they insist can still be found in Minerva’s tower. Certainly I should be presumptuous if I tried to cast slurs on our records and thus invade the realm of our poets.

But to return to our subject, the thread of which I have unwittingly lost in this discussion: it has always happened that tyrants, in order to strengthen their power, have made every effort to train their people not only in obedience and servility toward themselves, but also in adoration. Therefore all that I have said up to the present concerning the means by which a more willing submission has been obtained applies to dictators in their relationship with the inferior and common classes.

I come now to a point which is, in my opinion, the mainspring and the secret of domination, the support and foundation of tyranny. Whoever thinks that halberds, sentries, the placing of the watch, serve to protect and shield tyrants is, in my. judgment, completely mistaken. These are used, it seems to me, more for ceremony and a show of force than for any reliance placed in them. The archers forbid the entrance to the palace to the poorly dressed who have no weapons, not to the well armed who can carry out some plot. Certainly it is easy to say of the Roman emperors that fewer escaped from danger by the aid of their guards than were killed by their own archers. It is not the troops on horseback, it is not the companies afoot, it is not arms that defend the tyrant. This does not seem credible on first thought, but it is nevertheless true that there are only four or five who maintain the dictator, four or five who keep the country in bondage to him. Five or six have always had access to his ear, and have either gone to him of their own accord, or else have been summoned by him, to be accomplices in his cruelties, companions in his pleasures, panders to his lusts, and sharers in his plunders. These six manage their chief so successfully that he comes to be held accountable not only for his own misdeeds but even for theirs. The six have six hundred who profit under them, and with the six hundred they do what they have accomplished with their tyrant. The six hundred maintain under them six thousand, whom they promote in rank, upon whom they confer the government of provinces or the direction of finances, in order that they may serve as instruments of avarice and cruelty, executing orders at the proper time and working such havoc all around that they could not last except under the shadow of the six hundred, nor be exempt from law and punishment except through their influence.

The consequence of all this is fatal indeed. And whoever is pleased to unwind the skein will observe that not the six thousand but a hundred thousand, and even millions, cling to the tyrant by this cord to which they are tied. According to Homer, Jupiter boasts of being able to draw to himself all the gods when he pulls a chain. Such a scheme caused the increase in the senate under Julius,[43] the formation of new ranks, the creation of offices; not really, if properly considered, to reform justice, but to provide new supporters of despotism. In short, when the point is reached, through big favors or little ones, that large profits or small are obtained under a tyrant, there are found almost as many people to whom tyranny seems advantageous as those to whom liberty would seem desirable. Doctors declare that if, when some part of the body has gangrene a disturbance arises in another spot, it immediately flows to the troubled part. Even so, whenever a ruler makes himself a dictator, all the wicked dregs of the nation — I do not mean the pack of petty thieves and earless ruffians[44] who, in a republic, are unimportant in evil or good — but all those who are corrupted by burning ambition or extraordinary avarice, these gather round him and support him in order to have a share in the booty and to constitute themselves petty chiefs under the big tyrant. This is the practice among notorious robbers and famous pirates: some scour the country, others pursue voyagers; some lie in ambush, others keep a lookout; some commit murder, others robbery; and although there are among them differences in rank, some being only underlings while others are chieftains of gangs, yet is there not a single one among them who does not feel himself to be a sharer, if not of the main booty, at least in the pursuit of it. It is dependably related that Sicilian pirates gathered in such great numbers that it became necessary to send against them Pompey the Great,[45] and that they drew into their alliance fine towns and great cities in whose harbors they took refuge on returning from their expeditions, paying handsomely for the haven given their stolen goods.

Thus the despot subdues his subjects, some of them by means of others, and thus is he protected by those from whom, if they were decent men, he would have to guard himself; just as, in order to split wood, one has to use a wedge of the wood itself. Such are his archers, his guards, his halberdiers; not that they themselves do not suffer occasionally at his hands, but this riff-raff, abandoned alike by God and man, can be led to endure evil if permitted to commit it, not against him who exploits them, but against those who like themselves submit, but are helpless. Nevertheless, observing those men who painfully serve the tyrant in order to win some profit from his tyranny and from the subjection of the populace, I am often overcome with amazement at their wickedness and sometimes by pity for their folly. For, in all honesty, can it be in any way except in folly that you approach a tyrant, withdrawing further from your liberty and, so to speak, embracing with both hands your servitude? Let such men lay aside briefly their ambition, or let them forget for a moment their avarice, and look at themselves as they really are. Then they will realize clearly that the townspeople, the peasants whom they trample under foot and treat worse than convicts or slaves, they will realize, I say, that these people, mistreated as they may be, are nevertheless, in comparison with themselves, better off and fairly free. The tiller of the soil and the artisan, no matter how enslaved, discharge their obligation when they do what they are told to do; but the dictator sees men about him wooing and begging his favor, and doing much more than he tells them to do. Such men must not only obey orders; they must anticipate his wishes; to satisfy him they must foresee his desires; they must wear themselves out, torment themselves, kill themselves with work in his interest, and accept his pleasure as their own, neglecting their preferences for his, distorting their character and corrupting their nature; they must pay heed to his words, to his intonation, to his gestures, and to his glance. Let them have no eye, nor foot, nor hand that is not alert to respond to his wishes or to seek out his thoughts.

Can that be called a happy life? Can it be called living? Is there anything more intolerable than that situation, I won’t say for a man of mettle nor even for a man of high birth, but simply for a man of common sense or, to go even further, for anyone having the face of a man? What condition is more wretched than to live thus, with nothing to call one’s own, receiving from someone else one’s sustenance, one’s power to act, one’s body, one’s very life?

Still men accept servility in order to acquire wealth; as if they could acquire anything of their own when they cannot even assert that they belong to themselves, or as if anyone could possess under a tyrant a single thing in his own name. Yet they act as if their wealth really belonged to them, and forget that it is they themselves who give the ruler the power to deprive everybody of everything, leaving nothing that anyone can identify as belonging to somebody. They notice that nothing makes men so subservient to a tyrant’s cruelty as property; that the possession of wealth is the worst of crimes against him, punishable even by death; that he loves nothing quite so much as money and ruins only the rich, who come before him as before a butcher, offering themselves so stuffed and bulging that they make his mouth water. These favorites should not recall so much the memory of those who have won great wealth from tyrants as of those who, after they had for some time amassed it, have lost to him their property as well as their lives; they should consider not how many others have gained a fortune, but rather how few of them have kept it. Whether we examine ancient history or simply the times in which we live, we shall see clearly how great is the number of those who, having by shameful means won the ear of princes — who either profit from their villainies or take advantage of their naïveté — were in the end reduced to nothing by these very princes; and although at first such servitors were met by a ready willingness to promote their interests, they later found an equally obvious inconstancy which brought them to ruin. Certainly among so large a number of people who have at one time or another had some relationship with bad rulers, there have been few or practically none at all who have not felt applied to themselves the tyrant’s animosity, which they had formerly stirred up against others. Most often, after becoming rich by despoiling others, under the favor of his protection, they find themselves at last enriching him with their own spoils.

Even men of character — if it sometimes happens that a tyrant likes such a man well enough to hold him in his good graces, because in him shine forth the virtue and integrity that inspire a certain reverence even in the most depraved — even men of character, I say, could not long avoid succumbing to the common malady and would early experience the effects of tyranny at their own expense. A Seneca, a Burrus, a Thrasea, this triumvirate [46] of splendid men, will provide a sufficient reminder of such misfortune. Two of them were close to the tyrant by the fatal responsibility of holding in their hands the management of his affairs, and both were esteemed and beloved by him. One of them, moreover, had a peculiar claim upon his friendship, having instructed his master as a child. Yet these three by their cruel death give sufficient evidence of how little faith one can place in the friendship of an evil ruler. Indeed what friendship may be expected from one whose heart is bitter enough to hate even his own people, who do naught else but obey him? It is because he does not know how to love that he ultimately impoverishes his own spirit and destroys his own empire.

Now if one would argue that these men fell into disgrace because they wanted to act honorably, let him look around boldly at others close to that same tyrant, and he will see that those who came into his favor and maintained themselves by dishonorable means did not fare much better. Who has ever heard tell of a love more centered, of an affection more persistent, who has ever read of a man more desperately attached to a woman than Nero was to Poppaea? Yet she was later poisoned by his own hand.[47] Agrippina his mother had killed her husband, Claudius, in order to exalt her son; to gratify him she had never hesitated at doing or bearing anything; and yet this very son, her offspring, her emperor, elevated by her hand, after failing her often, finally took her life.[48] It is indeed true that no one denies she would have well deserved this punishment, if only it had come to her by some other hand than that of the son she had brought into the world. Who was ever more easily managed, more naive, or, to speak quite frankly, a greater simpleton, than Claudius the Emperor? Who was ever more wrapped up in his wife than he in Messalina,[49] whom he delivered finally into the hands of the executioner? Stupidity in a tyrant always renders him incapable of benevolent action; but in some mysterious way by dint of acting cruelly even towards those who are his closest associates, he seems to manifest what little intelligence he may have.

Quite generally known is the striking phrase of that other tyrant who, gazing at the throat of his wife, a woman he dearly loved and without whom it seemed he could not live, caressed her with this charming comment: “This lovely throat would be cut at once if I but gave the order.” [50] That is why the majority of the dictators of former days were commonly slain by their closest favorites who, observing the nature of tyranny, could not be so confident of the whim of the tyrant as they were distrustful of his power. Thus was Domitian [51] killed by Stephen, Commodus by one of his mistresses,[52] Antoninus by Macrinus,[53] and practically all the others in similar violent fashion. The fact is that the tyrant is never truly loved, nor does he love. Friendship is a sacred word, a holy thing; it is never developed except between persons of character, and never takes root except through mutual respect; it flourishes not so much by kindnesses as by sincerity. What makes one friend sure of another is the knowledge of his integrity: as guarantees he has his friend’s fine nature, his honor, and his constancy. There can be no friendship where there is cruelty, where there is disloyalty, where there is injustice. And in places where the wicked gather there is conspiracy only, not companionship: these have no affection for one another; fear alone holds them together; they are not friends, they are merely accomplices.

Although it might not be impossible, yet it would be difficult to find true friendship in a tyrant; elevated above others and having no companions, he finds himself already beyond the pale of friendship, which receives its real sustenance from an equality that, to proceed without a limp, must have its two limbs equal. That is why there is honor among thieves (or so it is reported) in the sharing of the booty; they are peers and comrades; if they are not fond of one another they at least respect one another and do not seek to lessen their strength by squabbling. But the favorites of a tyrant can never feel entirely secure, and the less so because he has learned from them that he is all powerful and unlimited by any law or obligation. Thus it becomes his wont to consider his own will as reason enough, and to be master of all with never a compeer. Therefore it seems a pity that with so many examples at hand, with the danger always present, no one is anxious to act the wise man at the expense of the others, and that among so many persons fawning upon their ruler there is not a single one who has the wisdom and the boldness to say to him what, according to the fable, the fox said to the lion who feigned illness: “I should be glad to enter your lair to pay my respects; but I see many tracks of beasts that have gone toward you, yet not a single trace of any who have come back.”

These wretches see the glint of the despot’s treasures and are bedazzled by the radiance of his splendor. Drawn by this brilliance they come near, without realizing they are approaching a flame that cannot fail to scorch them. Similarly attracted, the indiscreet satyr of the old fables, on seeing the bright fire brought down by Prometheus, found it so beautiful that he went and kissed it, and was burned; so, as the Tuscan [54] poet reminds us, the moth, intent upon desire, seeks the flame because it shines, and also experiences its other quality, the burning. Moreover, even admitting that favorites may at times escape from the hands of him they serve, they are never safe from the ruler who comes after him. If he is good, they must render an account of their past and recognize at last that justice exists; if he is bad and resembles their late master, he will certainly have his own favorites, who are not usually satisfied to occupy in their turn merely the posts of their predecessors, but will more often insist on their wealth and their lives. Can anyone be found, then, who under such perilous circumstances and with so little security will still be ambitious to fill such an ill-fated position and serve, despite such perils, so dangerous a master? Good God, what suffering, what martrydom all this involves! To be occupied night and day in planning to please one person, and yet to fear him more than anyone else in the world; to be always on the watch, ears open, wondering whence the blow will come; to search out conspiracy, to be on guard against snares, to scan the faces of companions for signs of treachery, to smile at everybody and be mortally afraid of all, to be sure of nobody, either as an open enemy or as a reliable friend; showing always a gay countenance despite an apprehensive heart, unable to be joyous yet not daring to be sad!

However, there is satisfaction in examining what they get out of all this torment, what advantage they derive from all the trouble of their wretched existence. Actually the people never blame the tyrant for the evils they suffer, but they do place responsibility on those who influence him; peoples, nations, all compete with one another, even the peasants, even the tillers of the soil, in mentioning the names of the favorites, in analyzing their vices, and heaping upon them a thousand insults, a thousand obscenities, a thousand maledictions. All their prayers, all their vows are directed against these persons; they hold them accountable for all their misfortunes, their pestilences, their famines; and if at times they show them outward respect, at those very moments they are fuming in their hearts and hold them in greater horror than wild beasts. This is the glory and honor heaped upon influential favorites for their services by people who, if they could tear apart their living bodies, would still clamor for more, only half satiated by the agony they might behold. For even when the favorites are dead those who live after are never too lazy to blacken the names of these man-eaters with the ink of a thousand pens, tear their reputations into bits in a thousand books, and drag, so to speak, their bones past posterity, forever punishing them after their death for their wicked lives.

Let us therefore learn while there is yet time, let us learn to do good. Let us raise our eyes to Heaven for the sake of our honor, for the very love of virtue, or, to speak wisely, for the love and praise of God Almighty, who is the infallible witness of our deeds and the just judge of our faults. As for me, I truly believe I am right, since there is nothing so contrary to a generous and loving God as dictatorship — I believe He has reserved, in a separate spot in Hell, some very special punishment for tyrants and their accomplices.


Notes in the Introduction:

[1] The title now generally given is Discours sur la servitude volontaire ou Contr’un. See p. xv, below.

[2] G. A. Borgese, Goliath, or the March of Fascism, Viking, New York, 1937.

[3] The name of the author should be pronounced with the “t” sounding like “ss” and riming with “poesy” accented on the last syllable.

[4] William de Sur, known as Longa among his associates at Bordeaux. Mention is made here of this judge because La Boétie revered him and refers to him by name twice in the course of his essay.

[5] Book I of the Essays, Chapter XXVIII.

[6] In 1571, eight years after La Boétie’s death, Montaigne published these manuscripts with dedicatory epistles at the head of each, inscribed to those who had known his friend and could appreciate his rare qualities. He kept out only two of these documents, the Mémoire on the Edict of 1562, and the Voluntary Servitude.

[7] They did indeed, for they disappeared entirely from all ken till they turned up in 1917 and were then published by Paul Bonnefon, the greatest of La Boétie scholars.

[8] Available in a beautiful English rendering by Louis How, Twenty-nine Sonnets of La Boétie, Houghton Mifflin, Boston, 1915.

[9] The first time in Latin, a fragment incorporated into the Dialogues of Eusebio Philadelpho Cosmopolito, Edimburgi (Basel?), 1574; the second, almost complete, in French, Le Réveille-Matin des François, Paris, 1574; the third, fourth, and fifth, in three successive editions of the Mémoires de I’estat de France sous Charles neufiesme, Meidlebourg, 1577-78. All but the second edition were put out under Protestant auspices as an incitement to revolt.

[10] Listed as x 27.20.56 in the rare bookroom of the Widener Library of Harvard University.

[11] Available in the Bibliothèque Nationale as Number 839 in the Department of Manuscripts.

Notes in the Main Text:

[1] Iliad, Book II, Lines 204-205.

[2] Government by a single ruler. From the Greek monos (single) and arkhein (to command).

[3] At this point begins the text of the long fragment published in the Reveille-Matin des François. See Introduction, p. xvii.

[4] An autocratic council of thirty magistrates that governed Athens for eight months in 404 B.C. They exhibited such monstrous despotism that the city rose in anger and drove them forth.

[5] Athenian general, died 489 B.C. Some of his battles: expedition against Scythians; Lemnos; Imbros; Marathon, where Darius the Persian was defeated.

[6] King of Sparta, died at Thermopylae in 480 B.C., defending the pass with three hundred loyal Spartans against Xerxes.

[7] Athenian statesman and general, died 460 B.C. Some of his battles: expedition against Aegean Isles; victory over Persians under Xerxes at Salamis.

[8] See Introduction, p. x.

[9] The reference is to Saul anointed by Samuel.

[10] Alexander the Macedonian became the acknowledged master of all Hellenes at the Assembly of Corinth, 335 B.C.

[11] Athenian tyrant, died 527 B.C. He used ruse and bluster to control the city and was obliged to flee several times.

[12] The name Syracuse is derived from Syraca, the marshland near which the city was founded. The author is misinformed about “Sarragousse,” which is the Spanish Zaragoza, capital of Aragón.

[13] Denis or Dionysius, tyrant of Syracuse, died in 367 B.C. Of lowly birth, this dictator imposed himself by plottings, putsches, and purges. The danger from which he saved his city was the invasion by the Carthaginians.

[14] Mithridates (c. 135-63 B.C.) was next to Hannibal the most dreaded and potent enemy of Roman Power. The reference in the text is to his youth when he spent some years in retirement hardening himself and immunizing himself against poison. In his old age, defeated by Pompey, betrayed by his own son, he tried poison and finally had to resort to the dagger of a friendly Gaul. (Pliny, Natural History, XXIV, 2.)

[15] This passage probably suggested to Montaigne that his friend would have been glad to see the light in Venice. See Essays, Book I, Chapter XXVIII.

[16] A half-legendary figure concerning whose life Plutarch admits there is much obscurity. He bequeathed to his land a rigid code regulating land, assembly, education, with the individual subordinate to the state.

[17] The Persian fleet and army under Xerxes or Ahasuerus set out from Sardis in 480 and were at first successful, even taking Athens and driving the Greeks to their last line of defense in the Bay of Salamis. Darius, the father of Xerxes, had made a similar incursion into Greece but was stopped at Marathon.

[18] The messenger and herald of Agamemnon in the Iliad.

[19] Marcus Porcius Cato, often called the Utican from the city where in 46 B.C., after reading the Phaedo of Plato, he ended his life. He was an uncompromising reformer and relentlessly attacked the vicious heirs to the power of Lucius Cornelius Sylla, the Roman dictator (136-78 B.C.). The Utican, born in 95 B.C., was only seventeen years old when Sylla died.

[20] Cited from Plutarch’s Life of Cicero.

[21] Tradition made of Harmodios and Aristogiton martyrs for Athenian liberty. They plotted the death of the tyrant Hippias but were betrayed and put to death by torture, c. 500 B.C.

[22] Athenian statesmen and general (died 388 B.C.) who ousted the Thirty Tyrants from power in Athens and restored the government to the people.

[23] Lucius Junius Brutus was the leader of the Roman revolution which overthrew the tyranny of Tarquinius Superbus, c. 500 B.C., and established the republic under the two praetors or consuls. As one of these magistrates it became his dolorous duty to condemn to death his two sons because they had plotted for the return of the Tarquins.

[24] Publius Licinius Valerianus was a brilliant military leader chosen by his troops to be Emperor during a time of great anarchy. He met his death in Persia (260 A.D.).

[25] Dion of Syracuse (400-354? B.C.) was famous for his protection of Plato in Sicily and for his expedition in 357, which freed his city from the tyranny of Denis.

[26] Artaxerxes.

[27] The Hieron, a youthful didactic work, consisting of a dialogue between Simonides and the Tyrant of Syracuse. The latter confesses his inner doubts and misgivings, his weariness at the dangers constantly besetting him, his sadness at not being loved by anyone. Even if he gave up his power, he would be in danger from the many enemies he has made. Simonides advises him to mend his ways and try kindness and generosity as a way of government.

[28] Publius Cornelius Scipio (235-183 B.C.) led the brilliant campaign in Africa which caused Hannibal’s recall from Italy and his final defeat.

[29] The Eunuch, Act III, Scene 1.

[30] Cyrus the Great (died 528 B.C.), founder of the Persian Empire, attacked Croesus before the latter could organize his army, and drove him in mid-winter out of his capital of Sardis. The episode here mentioned is related in Herodotus, Book I, chap. 86.

[31] A Roman coin (semis-half, tertius-third) of variable value, originally of silver, later of bronze.

[32] In his Histories (Book I, chap. 4) which cover the period (69-96 A.D.) from the fall of Nero to the crowning of Nerva.

[33] Suetonius, Life of Caesar, paragraphs 84-88.

[34] The great dreamer of empire whose costly victory at Asculum wrecked his hopes of world domination. He was finally killed (272 B.C.) by a tile dropped on his head by an old woman. This story of the toe conies from Plutarch’s Life of Pyrrhus.

[35] Titus Flavius Vespasianus left his son Titus to complete the capture of Jerusalem while he, newly elected Emperor by his armies, turned back to Rome after the death of Galba in 69 A.D. The reference here is found in Suetonius, Life of Vespasian, Chapter VII.

[36] In Greek mythology, Salmoneus, King of Elis, was the son of Aeolus and the brother of Sisyphus. He was reckless and sacrilegious and claimed to be the equal of Zeus by imitating his thunderbolts. Zeus threw him into Hades.

[37] Aeneid, Chapter VI, verses 585 et seq.

[38] These are references to heraldic emblems of royalty. The sacred vessel contained the holy oil for the coronation of the kings of France, said to have been brought by an angel from heaven for the crowning of Clovis in 496. The fleur-de-lis is the well-known heraldic flower dating from the 12th century. In its earlier forms it has other elements besides petals, such as arrow tips, spikes, and even bees and toads. The oriflamme or standard of gold was also adopted by French royalty. Originally it belonged to the Abbey of St. Denis and had a red background, dotted with stars surrounding a flaming sun. Some scholars have noted in the three branches of the fleur-de-lis a heraldic transformation of toads which formed presumably the totem of the ancient Francs.

[39] These three were the most inspired of the Pléiade, a group of seven poets of the Renaissance in France. La Boétie’s boast is impulsive but natural when one thinks of the vigor and hope of this period. Du Bellay (1548) published a Defense of the French Language which explained the literary doctrines of the group. The reference in the text to this Defense helps date the Contr’un.

[40] This unfinished epic has only four cantos; it attempts to relate how to Francus, son of Hector, is revealed the glorious future of France. He beholds a visionary procession of her kings descending from him all the way to Charlemagne. King Clovis (465-511), of whom many tales are told, was baptized after the miracle of Tolbiac and founded the Merovingian dynasty. Although the poem was not published till a few days after the Massacre of St. Bartholomew, Ronsard had spoken of his project more than twenty years before. He had even read the finished Prologue to Henry II in 1550. La Boétie’s early reference bespeaks his close relations with the poets of his day.

[41] Aeneid, Canto viii, verse 664.

[42] Ericthonius, legendary King of Athens (1573-1556 B.C.) was the son of the earth. He is at times represented in the guise of a serpent carried by the Cecropides maidens to whom Athens had entrusted him as a child. The allusion here is to the Panathenaea festival when maidens carried garlanded baskets on their heads. Races were also held for which the winners received olive wreaths as prizes.

[43] Under Caesar the power of the Senators was greatly reduced and military leaders were permitted to share with them legislative and judicial powers.

[44] The cutting off of ears as a punishment for thievery is very ancient. In the middle ages it was still practiced under St. Louis. Men so mutilated were dishonored and could not enter the clergy or the magistracy.

[45] Plutarch’s Life of Pompey.

[46] Lucius Annaeus Seneca (4 B.C.-65 A.D.) was exiled from Rome to Corsica for eight years by the intrigues of Messalina, wife of Claudius. Agrippina had him recalled and entrusted to him jointly with Burrus the education of her son Nero. Seneca ended his life some fifteen years later when Nero, suspecting him of conspiracy, ordered him to die. Burrus similarly tried to restrain the tyrant but he lost his power after the murder of Agrippina, a crime which he had prevented once before. He died in 62 A.D. suspecting he had been poisoned. Thrasea, unlike these two teachers of Nero, refused to condone the crime of matricide. He attacked Nero in the Senate but finally in 66 A.D. he was condemned by that august body and, after a philosophic discourse celebrated with his friends by his side, he opened his veins.

[47] She was really killed by a kick, according to Suetonius (Life of Nero, chap. 35) and Tacitus (Annals, Book XVI, chap. 6). She abetted Nero in many of his crimes; the murder of his mother, of his gentle wife Octavia. After the brutal death inflicted on Poppaea, Nero shed many tears.

[48] Suetonius, op. cit., chap. 34, and Tacitus, op. cit., Book XII, chap. 67.

[49] Messalina (15-48 A.D.) was the fifth wife of the emperor Claudius. At first honorable, mother of two children, she suddenly turned to vice and has transmitted her name to the ages as a synonym for the lowest type of degraded womanhood. While still the wife of Claudius, she married a favorite with his connivance. The Emperor, finally convinced of her treachery, permitted the killing of his wife and her lover. He then married Agrippina who persuaded him to adopt Nero as his son, thereby signing his own death warrant, for his new wife, by giving him a plate of poisonous mushrooms, opened the way for her son’s succession to the throne.

[50] Suetonius, Life of Caligula, Chapter 33.

[51] Suetonius, Life of Domitian, Chapter 17. The tyrant died in 96 A.D. after three years of bestial government inspired by abject fear of conspirators. Finally Domitia, his wife, hatched the plot which led an imperial slave to stab his royal master to death.

[52] Herodian, Book I, chap. 54. Commodus (161-192 A.D.) unworthy son of Marcus Aurelius, had planned to put to death his concubine, Marcia. She poisoned him first.

[53] Ibid., Book IV, chap. 23. The reference is to Marcus Aurelius Antoninus Bassianus, better known as Caracalla, who was killed (217 A.D.) in a plot arranged by his own praetor, Macrinas, who succeeded him to power, lasted a year, and was killed in his turn by his own soldiers.

[54] Petrarch, Canzoniere, Sonnet XVII. La Boétie has accurately rendered the lines concerning the moth.

Who Controls the Children?


by Carl Watner
From Issue 59 – October 1994

In his book, The Survival Home Manual, Joel M. Skousen notes that “the bureaucrat never does any of the dirty work for the prosecution of his rulings.” In other words, a judge or administrative officer who cites a citizen for the conduct of illegal activities never directly enforces his own edicts. If the activity in question – such as building a house without a permit – continues after it has been administratively determined such activity should stop, then the bureaucrat in charge of regulating such affairs usually initiates a case before the judicial branch of government. If the defendant refuses to “cease and desist,” then the judge has the power to hold the offender in contempt. Instead of arresting a person for “building a house without a permit,” the judge authorizes a policeman or sheriff to arrest the offender for “contempt of court.” The crime then shifts into a different playing field. The issue then becomes one of “control,” and the offense becomes one of questioning and denying the power and authority of the State and its judicial system. As Skousen puts it,

“Notice, that if you ever resist bureaucratic ‘law,’ you are not prosecuted for resisting an inane and unconstitutional law, but for “defying the court” or “resisting arrest.” Separating the act of resistance from the initial law which motivated the act is one of the slickest ways to bring a populace into line with bureaucratic law.”

A compliant citizenry makes it easy for the State to mask its ultimate sanction. Usually the threat of arrest and imprisonment is enough to make most people docile and obedient. However, if a person wishes to resist, and refuses to submit to “court orders,” he will usually find himself overwhelmed by State force, usually in the form of drawn guns ready to shoot. All State law, no matter how petty, has as its final punishment your death – should you decide to resist to the bitter end. In this enlightened age, there are few hold outs who would dare the State to go this far, but in the late 1970s John Singer, a fundamentalist Mormon living in Utah, defied court orders that he cease teaching his children at home. Ultimately, he would not peacefully submit to an arrest, and after holing himself and his family up in their mountain hideaway, he was eventually shot and killed by law enforcement officers on January 18, 1979.

The saga of John Singer should be of interest to voluntaryists for a number of reasons. First, it is concrete proof that State sovereignty rests on force and its threat. Second, it presents the dilemma of conscientious homeschool parents: Who has the final say how children should be raised and educated? Who has the right to say what they are taught, and how they are taught? Should homeschool parents acknowledge State supremacy in matters of schooling and submit to the State by complying with its regulations, or should they go their own way, as John and Vickie Singer did? In short, the case of John Singer epitomizes the question: Who ultimately controls the children in our society – their parents or the State? The purpose of this article is to look at some of the important evidence necessary to answer these questions.

Although John Singer was born in Brooklyn, New York in 1931, his parents, both originally German citizens, took him back to their native country shortly after his birth. There he experienced the horrors of Nazi regimentation and the chaos of World War II and its aftermath. Since he was a U.S. citizen he was allowed to emigrate back to the United States in 1946. There he lived with his mother’s sister, learned English, studied TV repair, and became a carpenter under his uncle’s tutelage. Within a year after his mother, brother, and two sisters joined him in New York, they had saved enough money to drive to Utah, “the promised land of their faith,” the Church of Jesus Christ of Latter-day Saints, the Mormons. By the time Singer married Vickie Lemon in September 1963, he had built himself a log home in the Kamas Valley, where he farmed and plied his TV repair trade. He was described by David Fleisher and David Freedman, authors of his biography (Death of an American, New York: Continuum, 1983) as “a strong, independent, industrious man with an unwavering faith in his God.” Seven years after their marriage John and Vickie were excommunicated from the Mormon Church for their continued insistence on believing in the literal interpretation of the Mormon scriptures (including its original doctrine of plural marriage) and for taking the side of the fundamentalists rather than the modern church. Two years later, in March 1973, they withdrew their three school-age children from South Summit Elementary School, a public school in Kamas, Utah. The Singers objected to the “immoral secular influences” found in the Utah state-run schools, including “the school’s ‘permissive attitude’ toward such immoral behavior as sexual promiscuity, drugs, crude language and gestures, rock music, and lack of respect for adults.” They believed the State had no constitutional right to interfere with their religious beliefs by requiring them to send their children to public school.

This marked the beginning of the first phase of Singer’s resistance to public schooling. After an initial meeting in April 1973, to explain their views to the Superintendent of the school district and the members of the Board of Education, the Singers received a letter informing them that they were in violation of the state’s compulsory attendance law, which required attendance at a public or “regularly established” private school, or homeschooling subject to the approval of their local school district’s Board of Education. On December 6, 1973 the School Board flied a complaint against John Singer in juvenile court for , “the crime of contributing to the delinquency and neglect of” his three oldest children, ages 6, 7 and 8. When Singer failed to appear in court to defend himself against the charges, the judge issued a bench warrant for his arrest. It took the sheriff and his deputies about a month to apprehend Singer, since he refused to surrender voluntarily. They surprised him while he was on a TV repair call. Singer spent the night in jail, and the following day agreed to accept a court-appointed attorney and work with the school board on an approved homeschooling program. On March 8, 1974, the school board issued a certificate of exemption to the Singers, with the stipulation that the school board administer a Basic Skills Achievement Test to the four oldest Singer children twice a year, starting in the fall. The school psychologist, Tony Fowell, was appointed to administer the tests and monitor the children’s home education progress. Three months later, in June 1974, the criminal complaint against Singer was dismissed based on the evidence of his compliance.

John and Vickie Singer did not take lightly to regimentation. Although they allowed their children to be tested in October 1974, and April 1975, by April 1976 they concluded that “they must get out from under the thumb of the local school district” because they resented bureaucratic intrusions into their home and family life. Consequently, they informed the district they would permit no further testing. They decided that they would educate their children according to their own religious beliefs without interference from the government. As they explained,

“We are responsible for our children, not the school board. They don’t support or raise them, we do. We are true Americans, and the Lord has let us know that He will protect our constitutional freedoms. It is a corrupt government that passes a law that takes children away from their parents, and those people who try to enforce that law are tyrants.” (pp. 61-61)

Thus began the second stage of their resistance. The local school board withdrew their exemption certificate, and initiated a new criminal complaint against them. After having attended several school board meetings and court hearings, on August 23, 1977, the Singers were present in the juvenile court of Judge Kent Bachman. The charge against them was again criminal neglect of their children. Representing himself, John refused to plead guilty. All his children were well cared for, none were “neglected,” and he readily admitted that they did not attend public school. Singer’s position was “that the only thing I have to prove to this court is that my children are not being trained for any delinquency actions or any criminal actions, and this is the only thing I have to prove and nothing else.” (p. 76) Judge Bachman insisted that the only issue was whether the Singers “compiled with the policies or standards set out for the education of your children” by the school board. (p. 81) Singer responded, “But it seems like the standards which have been set out here are not the same standards I believe in. …Have you got even the right to force my children under any form of education?”

The judge concluded that the Singers were guilty of a misdemeanor and found them in violation of the compulsory attendance law. Both parents and children were to be evaluated by a court designated psychologist, Dr. Victor Cline. John and Vickie were each fined $290, and sentenced to 60 days in the county jail unless they met with the evaluating psychologist. Due to the publicity that their case was generating, the Singers were approached by supporters of private and home schooling, and urged to incorporate their own private school. Since Utah law was very vague on the requirements for a private school, it was thought they might use this loophole to escape the jurisdiction of Judge Bachman’s juvenile court. Thus by the time they were summoned on November 1, to explain why they had failed to comply with the judge’s order (four children had been tested and evaluated by Dr. Cline, but they themselves refused to submit) the Singers had formally incorporated their own private school, High Untas Academy, Inc. Judge Bachman granted a stay, and held that if after one month the Singers did not comply with the order of August 23rd, “there will be incarceration for both of you.”

On November 3, 1977 John and Vickie were interviewed and tested by Dr. Cline. He found the children to be on an average of 34 points lower IQ than their parents because the children were not having “adequate educational experiences.” In the meantime, Judge Bachman had set a trial date for December 16th, and decided to hold a pre-trial conference on November 5. In an effort to work out a peaceful compromise, the judge agreed to vacate his order that they be jailed and pay a fine, if the Singers would submit an acceptable plan for the education of their children. This the Singers refused to do, because they believed the judge had improperly disregarded their efforts to form a private school. They also decided not to attend their December 16th trial for fear that their children would be physically taken from them. On December 16th, Judge Bachman issued bench warrants for their arrest, and set bail at $300 each. Their trial was continued to January 31, 1978.

For the next year, John Singer was literally at war with the authorities, and did not set foot outside his farm. When contacted by the sheriff on the telephone, John informed him that he “intended to resist arrest.” At the January 3rd trial, Judge Bachman found John and Vickie Singer guilty of child neglect. By now, they had five school-age children who were ordered to submit to daily tutoring provided by the South Summit School District. If the Singers failed to comply with the tutoring program designed by the school district, they would be held in contempt of court. The Singer children were to remain in the custody of the Utah Division of Family Services (Judge Bachman had first issued the custody ruling on August 23, 1977), but allowed the children to remain at home with John and Vickie. After the trial, John Singer told the press that he and Vickie would not allow a tutor in their home. “We’re not trying to tell other people what to believe or how to live, we just want to be left alone and mind our own business.”

As a result of case reassignments, a new judge entered the picture. Since the Singers would not comply with the school district’s daily tutoring plan, on February 6, 1978, the new juvenile court judge, Farr Larson, issued an order for the Singers and their children to appear in court March 14, 1978 to show cause as to why the parents should not be held in contempt, and why the children should not be taken from their home and placed in custody of the State. The Singers did not attend their show cause hearing on March 14, 1978. Judge Larson found them in contempt and issued bench warrants for their arrest. His order was stayed for 7 days, so as to allow the Singers time to file an appeal. On March 21st, the sheriff was ordered to commit both parents to jail for 30 days, and each of them were ordered to pay a fine of $200.

The Singers refused to appeal their convictions (primarily on the basis that such actions were inconsistent with their religious beliefs). John had also previously told friends that “I’d rather die than go against my religious beliefs.” (p. 111) When Judge Larson finally dissolved his stay of execution, he was quoted in the newspapers as saying:

By law, children in this state have a right to an education, and a duty to attend school. Children are no longer regarded as chattels of their parents. They are persons with legal rights and obligations. The rights of the parents do not transcend the right of a child to an education nor the child’s duty to attend school. Parents who fear the negative influence of public education should also examine the damaging effects of teaching a child disobedience to law and defiance to authority. (p. 114)

The judge also directed the sheriff to arrest John Singer, but “to employ such means and take such time as are reasonably calculated to avoid the infliction of bodily harm on any person.” (p. 144) After nearly six months of inaction, in October 1978, Judge Larson removed the restriction about the use of violence from his arrest order, but he set no time limit for Singer’s apprehension. After consultation with State law enforcement officials, it was decided that they would try to arrest Singer during a media interview, at which three law officers would pose as newsmen. This caper was foiled by Singer’s strength, his family’s immediate reaction (they jumped all over his would-be captors), and the pistol in Singer’s waist band. On October 20, 1978, the Summit County attorney filed a new criminal complaint, charging John with 3 counts of aggravated assault for resisting , arrest with a gun. A felony warrant (which automatically permits the use of deadly force to effect an arrest) was issued so he could be taken into custody. Judge Larson was also reaching the end of his patience. Near the end of October 1978, he threatened the county sheriff with a contempt of court citation if he – the sheriff – did not carry out the order to arrest Singer.

By early November 1978, John Singer had been at a standoff with the authorities for the better part of a year. He was still in contact with the media via the telephone and friends. His predicament, he believed, was caused as much by the Mormon Church as it was by the State of Utah. “Speaking of his right to educate his children as he saw fit, John had said: ‘According to the state’s system, my home is just a feeding place. All they want me to do is feed my children and they want to take them from me and brainwash them to put them into a Sodom and Gomorrah society’.” (p. 158) The local and State government and its enforcement machinery found themselves in an increasingly embarrassing situation. One lone man was holding them at bay.

Something had to be done. The leadership of the Utah Department of Public Safety, the Division of Narcotics and Liquor Law Enforcement, and Highway Patrol all became involved in a surveillance and apprehension plan. The key was to “surprise Singer with such a show of force that he would realize the futility of resisting arrest and would submit peacefully.” (p. 170) Ten men, in five groups of two, were to watch Singer, learn his daily routines, and eventually confront him in such a fashion that he would have no choice but to submit. On January 18, 1979, their plan was put into effect while John was clearing snow off his driveway with a gas-powered snowblower. Although he had put down his rifle, Singer still had a thirty-eight Colt automatic tucked in his trousers. When approached by four of the lawmen, he turned, started running, and drew the pistol from its resting place. Feeling threatened for his personal safety, one of the officers fired his shotgun at Singer, and killed him with a single blast of buckshot. Shortly thereafter, social workers took the children into protective custody for nine days. In order to get them back, Vickie agreed to a court-approved plan whereby she could teach the children at home under the supervision of a private school acceptable to the juvenile court.

Thus ended the life and saga of John Singer, killed while resisting arrest on charges of contempt of court and feloniously assaulting law officers attempting to arrest him. Was he right? Does statist law assign the control of children to their parents, or does the State reserve to itself the right to control their upbringing? In other words, who controls the children in our society?

One of the books that prompted the writing of this article was Blair Adams’ volume: Who Owns The Children? (subtitled “Public Compulsion, Private Responsibility, and the Dilemma of Ultimate Authority,” Waco, Texas: Truth Forum, 1991, Fifth edition). Penning a very broad-ranging fundamentalist Christian attack on State compulsion, the author examines some of the court cases and legal precedents that shed light on this important question. In his “Preface” he writes:

[A]ccording to the courts of this land, … “A child is primarily” not his parents’ offspring but “a ward of the [S]tate”; … parents hold relationship he owes allegiance to the government”; … parents serve as a mere “guardianship” which “the government places [the child] under”; … parental authority must be “at all times exercised in subordination to the paramount and overruling direction of the [S]tate”; … “the natural rights of a parent to the custody and control of… his child are subordinate to the power of the [S]tate”;… in deciding whether parent or State will control a child’s education, the child’s academic progress under the parents – even as measured by State-approved tests – has been termed by State prosecutors as “irrelevant and immaterial”; and finally … such legal principles and policies form the basis of all this nation’s compulsory education laws. (pp. xix-xx)

Now let us examine the actual court cases and contexts in which these judicial statements were made.

Mercein v. People Ex Rel Barry, 25 Wendell 64, December 1840

This case involved a custody dispute in New York state. Lawyers for Mr. Barry, the father, argued that the father’s right to the custody of his minor child was paramount to that of Mercein (his father-in-law) or even Mercein’s daughter (the child’s mother). The court stressed that, “The interest of the infant is deemed paramount to the claim of both parents,” and that the welfare of the infant must be recognized ahead of the rights of the parents. The chancellor then went on to explain how parental authority is dependent on the State:

By the law of nature, the father has no paramount right to the custody of his child. By that law the wife and child are equal to the husband and father; but inferior and subject to their sovereign. The head of a family, in his character as husband and father, has no authority over his wife and children; but in his character of sovereign he has. On the establishment of civil societies, the power of the chief of a family as sovereign, passes to the chief or government of the nation. And the chief or magistrate of the nation not possessing the requisite knowledge necessary to a judicious discharge of the duties of guardianship and education of children, such portion of the sovereign power as he relates to the discharge of these duties, is transferred to the parents, subject to such restrictions and limitations as the sovereign power of the nation think proper to prescribe. There is no parental authority independent of the supreme power of the state . But the former is derived altogether from the latter. … (Emphasis added.)It seems then, that by the law of nature, the father has no paramount inalienable right to the custody of his child. … The moment the child is born, it owes allegiance to the government of the country of its birth , and is entitled to the protection of that government. (Emphasis added.)

State v. Bailey, 157 Ind. 324, October 29, 1901

Sheridan Bailey had been convicted for violating the compulsory education law of Indiana which went into effect March 8, 1897. One of the grounds upon which Bailey challenged the state was that “it invaded the natural right of a man to govern and control his own children.” The court responded with the following words:

The natural rights of a parent to the custody and control of his infant child are subordinate to the power of the state, and may be restricted and regulated by municipal laws . (Emphasis added.) One of the most important natural duties of the parent is his obligation to educate his child, and this duty he owes not to the child only, but to the commonwealth. If he neglects to perform it or willfully refuses to do so, he may be coerced by law to execute such civil obligation.

Viemeister v. White, President of Board of Education , 179 N.Y. 235, October 18, 1904

This case involved a compulsory immunization regulation of the Queens County Board of Education mandating that all pupils and teachers be vaccinated, or otherwise be denied admittance to school. The parents sued the Board of Education, demanding that their son be re-admitted to public school, even though he had not received the required shots. The parents believed that smallpox vaccinations “did not tend to prevent smallpox,” “tends to bring about other diseases, and that it does much harm with good.” The court observed: “When the sole object and general tendency of legislation is to promote the public health, there is no invasion of the Constitution, even if the enforcement of the law interferes to some extent with liberty or property.” The court also noted that belief in the efficacy of vaccination programs was widespread both in the United States and other countries.

The possibility that the belief may be wrong, and that science may yet show it to be wrong, is not conclusive; for the Legislature has the right to pass laws which, according to the common belief of the people, are adapted to prevent the spread of contagious diseases. In a free country, where the government is by the people through their chosen representatives, practical legislation admits of no other standard of action: for what the people believe is for the common welfare must be accepted as tending to promote the common welfare, whether it does in fact or not . (Emphasis added.)

In effect, the court said that if it is a common belief that killing red headed people is an effective way to ward off economic depressions, and the legislature passes a law authorizing the killing of all red heads for this purpose, then killing of red headed people is no longer murder but a legislatively sanctioned activity for the general welfare of the society. Such reasoning is the result of belief in majority rule, and the negation of individual rights.

State v. Shorey, 48 Or. 396, September 11, 1906

John Shorey was convicted of violating Oregon’s child labor law which prohibited “the employment of a child under 16 years of age for a longer period than 10 hours in any one day”. On appeal the Oregon Supreme Court explained that laws regulating the employment of adults had a different constitutional basis than the child labor law. Since the 14th Amendment to the federal constitution protected “life or liberty,” adult employment laws were only valid if they were reasonably necessary to “protect the public health, safety, morals or general welfare.”

But laws regulating the right of minors to contract do not come within this principle. … They [minors] are wards of the state and subject to its control. As to them the state stands in the position of parens patriae and may exercise unlimited supervision and control over their contracts, occupation, and conduct, and the liberty and right of those who assume to deal with them. This is a power which inheres in the government for its own preservation and for the protection of life, person, health, and moral of its future citizens . (Emphasis added.) … [The court then goes on to cite the author of a legal textbook] ‘Minors are wards of the nation, and even the control of them by parents is subject to the unlimited supervisory control of the state.’ Consequently, the court affirmed that Oregon’s child labor law was “a valid exercise of legislative power.”

Allison et al. v. Bryan, 21 Oklahoma 557, June 25, 1908

This case adjudicated a custody dispute over Kenner Allison, Jr., the illegitimate child of Anna Bryan and Kenner Allison, Sr. By the early common law, fathers usually asserted their control over any and all of their children. This right was gradually eroded by statutory law and court decisions during the 19th Century. Thus, by 1908, the Oklahoma Supreme Court declared that fathers were not entitled to the services of their children.

A child is primarily a ward of the state . The sovereign has the inherent power to legislate for its welfare, and to place it with either parent at will, or take it from both parents and to place it elsewhere. This is true not only of illegitimate children, but is also true of legitimate children. The rights of the parent in his child are just such rights as the law gives him; no more, no less . His duties toward his child are just such as the law places upon him…. [The Court then cites the case of Mercein v. People (see above) and concludes its general discussion of children, parents, and the state by referring to Lewis Hochheimer’s book, A Treatise on the Law Relating to the Custody of Infants (1887).] “It may be considered as the settled doctrine in American courts that all power and authority over infants are a mere delegated function, entrusted by the sovereign state to the individual parent or guardian, revocable by the state through its tribunals, and to be at all times exercised in subordination to the paramount and overruling direction of the state.” (Emphasis added.)

Ex parte Powell, 6 Oklahoma Criminal Court of Appeals 495, January 11, 1912

Upon being convicted of burglary, John Powell, aged 14 and without parents or relatives, received a sentence of two years in the State Training School for Boys. This case was instituted by the State Commissioner of Charities and Corrections, who applied for a writ of habeas corpus, seeking to remove Powell from the school. It became necessary for the Court to review the statutory provisions relating to juvenile delinquents in Oklahoma. It observed that in the United States “the fundamental doctrine upon which governmental intervention in all such [juvenile] cases is based is that the moment a child is born he owes allegiance to the government of the country of his birth, and is entitled to the protection of the government for his person, as well as his property. … The authority of all guardians is derived from the state;…

Prince v. Commonwealth of Massachusetts, 321 US 158, January 31, 1944

This case originated in a clash between the Jehovah’s Witnesses and the State of Massachusetts. The legislature had passed a law which prohibited children from selling magazines. It was designed to prevent Jehovah’s Witnesses from having their children distribute the “Watchtower” publication. Sarah Prince had been convicted of violating Massachusetts’ child labor laws, and she appealed to the Supreme Court of the United States on the basis that her religious freedoms, under the First Amendment, had been violated by the State. The Supreme Court upholding her conviction, set forth part of its reasoning in the following comments:

Previously in Pierce v. Society of Sisters, 268 US 510, 45 S. Ct. 571, … [see reference to this case in my article “Bad or Worse!”, The Voluntaryist, October 1992] this Court had sustained the parent’s authority to provide religious with secular schooling, and the child’s right to receive it, as against the state’s requirement of attendance at public schools. … It is cardinal with us that the custody, care and nurture of the child reside first in the parents, whose primary function and freedom include preparation for obligations the state can neither supply nor hinder. Pierce v. Society of Sisters, supra. And it is in recognition of this that these decisions have respected the private realm of family life which the state cannot enter.But the family itself is not beyond regulation in the public interest, as against a claim of religious liberty. And neither rights guard the general interest in youth’s well being, the state as parents patriae may restrict the parent’s control by requiring school attendance, regulating or prohibiting the child’s labor, and in many other ways. … [T]he state has a wide range of power for limiting parental freedom and authority in things affecting the child’s welfare, and this includes, to some extent, matters of conscience and religious conviction . (Emphasis added.)…

The state’s authority over children’s activities is broader than over like actions of adults. This is peculiarly true of public activities and in matters of employment. A democratic society rests, for its continuance, upon the healthy, well-rounded growth of young people into full maturity as citizens, with all that implies. [What should they be – obedient, tax-paying slaves and conscripts?] It [the state] may secure this against impending restraints and dangers, within a broad range of selection.

Ex part Walters, 221 P.2d 659, Criminal Court of Appeals of Oklahoma, June 28, 1950

This case extensively quotes Ex parte Powell, one of the earlier Oklahoma citations found above. It prefaces these quotes by remarking that, “Thus it will be found that this court has for some forty years been committed to the thesis that the state has a paramount interest in the child. And why should this not be? Is it not for the common good? Aristotle, the Greek Philosopher, hundreds of years prior to the modern dictators who for selfish, sinister ends, though proclaimed for the common good, have made such effective use of the idea, said, ‘All who have meditated on the act of governing mankind have been convinced that the fate of empires depends on the education of youth’.”


Without a doubt statist case law demonstrates that the State claims that it owns the children. Although there may be cases to the contrary (we’d like to see them if there are any), John Singer was certainly right when he asserted that the state wants the parents to bear the cost of raising the children, so that the state can then take the children, brainwash them, and have them as loyal supporters.

The implications arising from the principle that the State owns the children are astounding. Note, that if the state owns the children, then it must own the adults into which the children mature. Although there may be no court rhetoric to this effect, all the actions of the State, from taxation to military conscription of adults reinforces this conclusion. Second, if the State owns the children, then adults should be required to have not only marriage licenses, but permission from the State before they bear children. Why should unapproved couples be allowed to procreate? Soon, the State will not only grant permission to have children, but will tell couples how many children to have. Bearing children and having a family become privileges granted only at the sufferance of the State. Third, comes licensure of all birth attendants and the places where births may take place. If your home is not approved by the State, you may not have a home birth, any more than you may home school your children if the State does not approve. If the state owns the children, it must be able to keep track of when, where, and how they are born. (Current birth registration laws are but a partial attempt to do this.) As Blair Adams puts it,

This desire for control over childbirth has nothing to do with considerations for the health and safety of the mother or child. As always it has everything to do with the power of the State and its desire to establish total control over, its ownership of, the lives of our children and of everyone else as well. … The day rapidly approaches that will designate as a crime the birth of children anywhere outside State-controlled and State-sanctioned institutions, just as today many states have designated as criminal the education of children outside of such institutions.

It has been repeatedly shown, although State rhetoric denies it, that State solicitude for children originates not from any genuine concern for the children, but rather from the State’s desire to achieve “order, stability and control.” The State’s primary concern is always not the condition of children’s lives, but in expanding State control. “Control, not quality, has become the essential rationale behind” all sorts of State compulsion. In the case of education, the State maintains a double standard. Its own efforts to educate via the public schools is an admitted failure. Parents of homeschoolers have excelled at training their children. Rather than trying to curtail homeschooling, one would think that the State would logically try to encourage it. More students at home would take some of the burden off the State system, and would result in an improvement for those taken out of public schools. So why does the State want to regulate and curb homeschooling? Obviously there are vested economic interests which oppose homeschooling (teachers, unions, etc.). But state opposition to unfettered homeschooling is more than a question of economics. It is a question of control and legitimacy. As Blair Adams explains,

[T]o proclaim a people free to choose their own government but then to insist that the government determine, through a government-controlled compulsory educational system, the very attitudes and values by which the people will choose becomes the most insidious and pernicious form of tyranny: it gives the people the illusion of freedom while all along controlling them through a form of governmental programming.

There is little doubt that the State will do everything in its power to maintain its supremacy. We have seen how State personnel murdered John Singer for no other reason than he would not “bow down to Caesar.” A year and a half after his death, the judge who issued the contempt citation against Singer, finally terminated his jurisdiction over the Singer family. “The freedom that we’ve been fighting for has finally come through,” declared Vickie Singer. “But it’s very ironic, to say the least, because now I’m teaching my kids the same way that John and I did before he died, and I think the State knows it. But all they wanted to do was show us, and show the people, that if anybody tried to come against the system, watch out because this is what can happen to you. And I think they tried to use John and me as an example.” (p. 216)

So there you have it. As long as the omnipotent cult of the State exists the State will attempt to control the children. Homeschooling, as the State has already recognized, contains an explosive and potential force for change, possibly away from statism in the direction of voluntaryism. If there is to be a change, it must originate within the individual, and must proceed from individual to individual. Homeschooling certainly follows this method. There can be no mass conversions. Only as the philosophy of voluntaryism is passed down from father to son, from mother to daughter, will the situation change.

Flint and Steel: The Memoirs of a Superfluous Spark


by Kevin Cullinane
From Number 59 – December 1992

The other day I received an intellectual newsletter, of the small “l” (i.e. traditional) libertarian persuasion, in which the publisher invited subscribers to submit occasional columns. The invitation pushed my vanity button; I began to daydream: “Yes they say that this year’s Nobel selection was first published as a guest editorial in a small, libertarian newsletter. Really! How interesting… ”

Then that silent but baleful, uncompromising pile of half-finished projects on my desk pushed my pragmatic button, and the pleasant moment passed. “Besides,” the pile seemed to whisper, “You are a bit too vituperative, or sensational in style, to appeal to a thoughtful journal.” In self-defense I muttered that I wasn’t either, I’m a, uh, well …. an iconoclast! I write and lecture in an effort to discredit icons which need clasting, and that requires that sparks should fly off the paper – but, at heart I’m just a sweet, lovable guy who can’t get any respect. (The unfinished projects seemed singularly unimpressed.)

Most of us can remember the imagery of a “spark igniting a powder keg” somewhere within the stale, dead pages of the state-approved history books, force-fed us during adolescence. The hopeful phrase was a five-word promise of something exciting about to happen: KA-BOOM! (Subliminally, we hoped the explosion might actually leap from the pages to shatter the classroom’s catatonic ambience. – Maybe even blow a hole in the wall through which we could escape for the rest of the day!) The anticipation invariably fizzled out; the sterilized writers of approved histories having acquired the talent to distill even the most dramatic gore into “lite” history. But for a moment the powder-keg analogy would have sparked (?) a certain attentive anticipation.

As we all did, I survived the ordeal of state-fed history, “written by the winning side.” But my heart was always with those little “sparks” which, from time to time shook things up for a page or two of wearying world history. Perhaps that attraction was what steered me – during my criminal past – into a brief career as a Marine Corps insurgent and counterinsurgent “expert.” (it certainly was what attracted me, in more innocent days, to admiration of Robin Hood – bane of the sheriffs and bishops surrounding Nottingham Forrest.)

To Spark Or Not To Spark…
Any who have ever camped out, beyond reach of propane campstoves, know from frustrating experience, that most sparks die without having ignited anything. But, is it the job of a spark to succeed, or is its job merely to provide the potential for ignition? I’ve muttered imprecations at sparks for dying on me without getting my fire started, and I’ve sworn at them for igniting unwanted brushfires. The poor spark! As with Kipling’s generic infantryman, Tommy Atkins, it is shot at if it does, and damned if it doesn’t.

John Barrington observed that, if a spark (always termed, “treason” by the Establishment of its day), manages to touch off a significant reaction, it undergoes a certain identity crisis. He wrote:

“Treason doth never prosper.
What’s the reason?
For if it doth prosper,
None dare call it treason.”
The inflammatory’s words, enshrined for a brief season, are referred to as, “the sweet light of reason.” Of course, for every Tom Paine who succeeds in touching off a sheet-flame of revolutionary passion, a hundred others are rounded up by the thought-police or, (even worse!), ignored by one and all during their lifetime.

But, as Albert Nock pointed out in his MEMOIRS OF A SUPERFLUOUS MAN, (or was it in his essay, “Isaiah’s Job”?), trying to second-guess the reception which it will receive, is counter-productive to the spark’s mission. It is not the job of the spark to know where the powder lies, or how much of it there is, Nock observed. Nor does the job entail knowing whether the powder is dry enough to ignite, or if, having sat overlong in an unfriendly climate, it has become degraded into a lump of nitrate fertilizer.

Good point. Any one spark has its brief season, then extinguishes; what it accomplishes during its time depends, to important degree, upon the situation in which it flares. But then, if the spark were to take the time to carefully analyze the situation, before touching its tiny fire to it, the spark would surely come to naught. (-rather than only, quite possibly. … This may be the place to observe that, given the unhappy odds facing an iconoclast, it is always well for him to have some other form of livelihood than the largess of a grateful populace!) In the face of such somber telefinalism, I suppose that it’s best that I speak and write-away; and let the sparks fall where they may.

There will always be those who counsel a “spoonful of honey,” and in most cases they will be correct. The impassive dignity of diplomacy, and dispassionate phraseology of academic respectability, almost always impress, even when they fail to persuade, or even motivate, don’t they? But there remains a place for “vinegar” within the intellectual affairs of passionate folks. It could be that, at present, the time has passed a point where politically-debased language is even capable of communicating genuine freedom consciousness to any significant number – but history comforts us that better times will dawn.

In the meantime, there is that all-precious Remnant whose unquenchable spirit should be fed. “Feed it to them straight” , Nock advised, “100-proof, and don’t be concerned about those who gag or turn away.” So, if there be a journal, here or there, still open to a bit of irreverent and rather highly seasoned commentary, perhaps its time to bring the flint and the steel together.

 

Kevin Cullinane teaches Freedom School in Spartanburg, SC.

Philosophy of Immunization


by Mark Moyers, D.C
From Number 59 – December 1992

By the time that the year 1984 came and went, the powers that be had convinced the “masses” that George Orwell’s prediction of “Big Brother” had been nothing but fantasy. Orwell had said that the State would control people by controlling their thoughts-by way of language destruction, language pollution, and word-meaning reversals. Orwell painted the future with definition changes such as “Ignorance is strength,” and “Freedom is slavery.” I don’t believe he ever focused on the contradictions inherent in compulsory immunization, so I would like to do so now.

The word “immunization” is used to describe an injection of a substance which is intended to make a person free from the necessity of fighting a disease. “Immune” was borrowed by the scientific community from the political community. A Latin word, derived some 4000 years ago, immune meant “free from obligation or duty to the city or public”. “Immune” was a political word used to describe a particular status of an individual.

When the scientific community began to use it, it had a similar basis with regard to disease, yet no thought of a political reference was apparent. Within a hundred years after the development of immunizations, they became compulsory (as a matter of law) for all children attending public schools. Here was “compulsory freedom” long before Orwell ever thought of mind control.

As in many cases, the State has successfully obtained the sanction of the victim. The most sacred of all ownership rights is your freely granted permission to do to your body or your property what someone else wishes to do with it. By discouraging a person to reflectively think about, and therefore understand, the meaning of compulsory immunization laws, the State has kept from that person (better known as the victim) the simple fact that this form of “freedom” – compulsory immunization – will be done to him over his objection and against his will. In other words, it will be done whether he likes it or not. Moreover, the State has so arranged circumstances that nearly none of the victims object. Ninety-eight percent of all persons immunized under compulsory immunization laws never object! They don’t know how! They don’t know that they can! They don’t know that they might want to, or why!

When people object you need to have policemen there to force them and/or build jails to coerce them. Hence, obtaining the voluntary sanction of the victim through proper psychological warfare techniques is by far the most cost-effective method of controlling people or, as the State likes to refer to them, “political animals”.

There rages in the medical community controversy over the effectiveness of vaccines, yet they are still compulsory. The argument of compulsion saving any life, anywhere, ever, can be nullified with the same simple fact that it was not the medical community with its state-of-the-art technologies, medicines, or vaccines which has made a significant difference in the lives of mankind as a whole. It was not even the advent of chiropractic or any of the other alternatives which mankind has found to help, that have made the greatest difference. All of these things help individuals, and therefore mankind as a whole, when needed, to some degree or another.

These accomplishments, while very important to the affected individual, pale when viewed first from a global perspective, and second when viewed in comparison to what has been done for individuals and mankind as a whole by the free market. Only once in recorded history have men tried to live free and for only a short time at that. But when they did and to the degree that they did, their standard of living skyrocketed, concomitantly so did their health, life span and numbers (population).

In the words of a noted scientist and developer of one of the vaccines in question, Dr. Albert Sabin is quoted as follows:

“Life expectancy at birth jumped from 36 years in 1776 to 72-plus in 1976. Most of the change has occurred since 1900. We have determined that medical advances have not really caused this great change,” he remarked. “It’s the tremendous advance in our standard of living in the United States which has improved housing conditions, sanitation, hygiene, diet and agricultural production. Give me a choice between providing everybody with sufficient nutritious food and giving them fancy medicines and vaccines, and I would take the sufficient food.”

While there are often paradoxes within the paradigms which are presented in order that the universe be understood, this is not such a case. Either men will live better and longer through compulsory vaccination programs or they won’t. Conversely stated either men will live better and longer as a result of freedom and liberty or they won’t. No room for paradoxes here: men live and die as a result of which philosophy they choose, the correct one leads to all the wonders of human life, the incorrect one leads to all the pain, suffering and ugliness of dead and dying humans.

Drawing The Line


by Blair Adams
From Number 59 – December 1992
(from Who Owns the Children? (1991) p. 292)

It certainly appears, on the surface and in the short run, easier to come to some sort of compromise with the State and allow it to have some say in the education of our children. Yet such a compromise can only feebly palliate our position for that day when the State comes and insists that we must teach what we conscientiously oppose. Minimum Requirements do indeed appear reasonable. And probably few Christian parents or schools fail to teach their children the basic subjects that the proponents of this view include in their list of prescribed courses. … This is quite different, however, from acknowledging that the State has the right to compel us to teach our children these things, particularly when the State has so miserably failed in teaching “its” own children these very requirements.

Moreover, once we grant this principle, where can we possibly draw the line? If we agree that the State has the legitimate authority to mandate the teaching of that which society generally agrees as essential to social communication and good citizenship because we may agree with those basic requirements today, what if tomorrow the consensus of an increasingly corrupt society (as in Nazi Germany) goes beyond our prior agreement? If tomorrow we say that we cannot agree to the State’s requirements, then we can only in good conscience refuse to submit to those requirements if we deny that the State ever had that rightful authority in the first place. If the State has legitimate power to control education, then obviously that control cannot be defined by those over whom it is to be exercised. Either the State has the legitimate power or it does not. If we accept any governmental authority in this area today, we greatly weaken and compromise our position for the battles that will inevitably come tomorrow. Unless we confess now that absolute, given limits prevent us from submitting in good conscience to any governmental control of education, we shall have compromised our position for the future.

Limited Government – A Moral Issue?


by Chet W. Anderson
From Number 57 – August 1992

“The 1980s,” according to economist Milton Friedman, witnessed “a sea change in the direction of public thinking about government’s ability to solve economic and social problems.” In fact, the idea of getting government off our backs became a live issue, worldwide. Although there was little change in the size or power of government, “(T)he prospect is bright,” Friedman observed, “but only if we continue trying to spread our ideas and persuading ourselves, more importantly than anyone else, to be consistent with the beliefs we profess.”

This matter of beliefs and consistency leads us directly to the vital question: Are we simply uneasy about big government in a general way, or do we see it clearly as a real threat to individual freedom?

Most freedom devotees share a concern about big government, but there is very little agreement about the proper role of government in society. Why is this so? Are there no acceptable criteria for resolving this important issue of what government should do and should not do? And, without visualizing an ideal role for government, can we ever hope to approach “limited government”?

Some people seem to want this issue resolved by majority vote. But doesn’t this mean that might makes right – that we should just take a vote to see which gang is biggest and then let them enforce their ideas on the rest of us? This surely is not what our Founding Fathers had in mind nor, I am sure, is it what those who advocate limited government really want.

It may be helpful to rephrase the question by bringing into the center of this analysis our own personal commitment and integrity. The question then becomes: Which functions of government are so unquestionably proper that I, personally, would be willing to support and enforce them? Mind you, not hire and pay someone to collect tax money, for example, but personally force those who oppose the law to pay their tax.

Isn’t it the delegating of this unpleasant duty that has clouded the issue of how much government we really believe in? I may be sincere in my belief that food stamps, for example, are a necessary government “safety net.” But my religious friend who believes that it is God’s design that individuals should be responsible – voluntarily – to help the unfortunate, and whose experience tells him that those who are thus helped will do more for themselves, tells me that he will not support involuntary “charity.” Now, back to the question: will I force him to pay this tax? Furthermore, can I escape this question by closing my mind and letting my delegate perform this ugly task?

This whole matter of enforcement – with all its implications of violence – needs to be examined for its full meaning. The force that will ultimately be legally applied to collect the tax is rarely seen. But it is there! It resides in the government and is potentially brutal. Because if a man of principle absolutely refuses to pay – and then resists arrest by defending himself and his property when the agents of government come to take him from his home (which they will) – he will be dealt with violently, probably shot! His crime will be recorded as resisting arrest, but he will have actually lost his life because he stood by his moral principles and refused to compromise.

The violent result of holding fast to principle causes us to understand the true nature of government and why we should fear it. As George Washington warned,

“Government is not reason, it is not eloquence – it is force. Like fire it is a dangerous servant and a fearful master; never for a moment should it be left to irresponsible action.”

Purely and simply then, government is organized force, it has a monopoly on legal coercion; and it can do more than voluntary groups only because it can force its will on those who disagree.

Those of us who are serious about sorting out our own ideas about government – and being consistent in our beliefs – find ourselves facing a chain of personal decisions:

  1. Am I concerned about big government and the loss of individual liberty? Yes? or No?
  2. If “Yes,” how do I decide whether or not I approve of specific governmental functions and actions? Do I judge them by the same criteria for right and wrong as I do individual actions? Yes? or No?
  3. If “No,” I must face that fact that either (1) I have no standard for judging the proper functions of government, or (2) I have another standard which I can define. Note that (1) in effect endorses majority rule – that is, that might makes right!
  4. If, however, my answer to b. is “Yes,” and assuming I understand that government relies on force to function, can I, logically or morally, approve of governmental functions that I would be unwilling to enforce personally by using force if necessary? Yes? or No?

This very personal self-assessment may fortify our understanding of the true nature of government. But equally important, it should also help us to recognize that governmental acts which we support are really an extension of our own views and actions.

Where does all of this bring us in our concerns about government today? What chance do we have of bringing about an evolution – or revolution – in the way people think about the proper role of government in society?

Keep in mind that only in the last few years have we even come close to a consensus that government handles economic and social problems very poorly. And recent revelations of the pitiful conditions in the over-governed nations of Eastern Europe confirm the validity of this consensus – the inevitable result of a growing dependence on government is not only less freedom, but moral and economic deterioration as well.

This awareness, then, is itself a big step forward. But emphasis on efficiency does not get at the source of the problem – which is individual, moral responsibility for those actions of government which we support.

As long as politicians can bombard us with their platitudes about “doing good” – and never be challenged on the immoral means they use – the size and power of government will never be controlled. For there can be no decline in the calls upon government to “do something” about such things as poverty, the homeless, the aged, and the sick until the force and violence that must support such governmental actions are recognized – and morally condemned.


Editor’s Note: This article is of interest to Voluntaryists for several reasons. Its author, Chet Anderson, was instrumental in assisting Bob LeFevre raise money in Milwaukee, Wisc. in 1957, to help fund the second year of the original Freedom School in Colorado (see p. 183 – 184 of my biography, ROBERT LeFEVRE). This article is excerpted from a longer essay, which first appeared in a shortened version in the February 1992, FREEDOM DAILY, published by Jacob Hornberger’s Future of Freedom Foundation, Box 9752, Denver, Colo. 80209. Since the original essay had a somewhat weaker conclusion, I wrote its author, and asked him whether he believed that coercive government has any proper functions at all (and if so, what were they, and how did he justify them)? His response was as follows:

“The answer to your question, which may be only implicit in my essay is, “No.” I see no possible function of government that I would support by killing someone who refused to support it. Your question surprised me, but as I re-read my piece I believe I see why you ask. Although I did not state flatly that no government could be morally justified, the series of questions I asked lead to that answer. Now, let me back up and explain why I did this.

“Ben Rogge once told me that he had never known anyone who approached Baldy Harper in teaching ideas about liberty with such a lasting impact. While both were teaching at Wabash College, Ben was amazed at Baldy’s effect on students, – how they continued to seek his counsel. I discovered during the 20+ years I knew him that his persuasiveness came from his unique ability to ask thoughtful questions. I was changed from a flaming liberal in the ’40’s to a sort of philosophical anarchist by facing up to questions asked by Baldy, Leonard Read and later, Bob LeFevre. It was Baldy who I first talked to about my series of questions and he encouraged me to pursue this approach.

“I believe, as he did, that a serious student of liberty must answer questions like these within himself. It is normally more effective and permanent learning if he discovers by this process that he can’t support morally even a limited government than if a lecturer tells him all government is immoral. I think that “discover” is the key here and, as I think back to the times I have failed to persuade someone to examine the nature of government I find that I usually did not ask the most thoughtful and timely questions.”

Persuasion versus Force


by Mark Skousen
From Number 54 – February 1992

This essay originally from the September, 1991, issue of Liberty magazine. See Editor’s note below.

Sometimes a single book or even a short cogent essay can change an individual’s entire outlook on life. For Christians, it is the New Testament. For radical socialists, Karl Marx’ and Friedrich Engels’ The Communist Manifesto is revolutionary. For libertarians, Ayn Rand’s Atlas Shrugged is pivotal. For economists, Ludwig von Mises’ Human Action can be mind-changing.

Recently I came across a little essay in a book called Adventures of Ideas, by Alfred North Whitehead, the British philosopher and Harvard professor. The essay, “From Force to Persuasion,” had a profound effect upon me. Actually what caught my attention was a single passage on page 83. This one small excerpt in a 300-page book changed my entire political philosophy.

Here’s what it says:

“The creation of the world – said Plato – is the victory of persuasion over force… Civilization is the maintenance of social order, by its own inherent persuasiveness as embodying the nobler alternative. The recourse to force, however unavoidable, is a disclosure of the failure of civilization, either in the general society or in a remnant of individuals…

“Now the intercourse between individuals and between social groups takes one of these two forms: force or persuasion. Commerce is the great example of intercourse by way of persuasion. War, slavery, and governmental compulsion exemplify the reign of force.”

Professor Whitehead’s vision of civilized society as the triumph of persuasion over force should become paramount in the mind of all civic-minded individuals and government leaders. It should serve as the guideline for the political ideal.

Let me suggest, therefore, a new political creed:
The triumph of persuasion over force is the sign of a civilized society.

Surely this is a fundamental principle to which most citizens, no matter where they fit on the political spectrum, can agree.

Too Many Laws

Too often lawmakers resort to the force of law rather than the power of persuasion to solve a problem in society. They are too quick to pass another statute or regulation in an effort to suppress the effects of a deeprooted problem in society rather than seeking to recognize and deal with the real cause of the problem, which may require parents, teachers, pastors, and community leaders to convince people to change their ways.

Too often politicians think that new programs requiring new taxes are the only way to pay for citizens’ retirement, health care, education or other social needs. “People just aren’t willing to pay for these services themselves,” they say, so they force others to pay for them instead.

Supreme Court Justice Oliver Wendell Holmes once said, “Taxation is the price we pay for civilization.” But isn’t the opposite really the case? Taxation is the price we pay for failing to build a civilized society. The higher the tax level, the greater the failure. A centrally planned totalitarian state represents a complete defeat for the civilized world, while a totally voluntary society represents its ultimate success.

Thus, legislators, ostensibly concerned about poverty and low wages, pass a minimum wage law and establish a welfare state as their way to abolish poverty. Yet poverty persists, not for want of money, but for want of skills, capital, education, and the desire to succeed.

The community demands a complete education for all children, so the state mandates that all children attend school for at least ten years. Winter Park High School, which two of our children attend, is completely fenced in. Students need a written excuse to leave school grounds and an official explanation for absences. All the gates except one are closed during school hours, and there is a permanent guard placed at the only open gate to monitor students coming and going. Florida recently passed a law that takes away the driver’s license of any student who drops out of high school. Surely, they say, that will eliminate the high dropout rate for students.

But suppressing one problem only creates another. Now students who don’t want to be in school are disrupting the students who want to learn. The lawmakers forget one thing. Schooling is not the same as education.

Many high-minded citizens don’t like to see racial, religious or sexual discrimination in employment, housing, department stores, restaurants, and clubs. Yet instead of persuading people in the schools, the churches and the media that discrimination is inappropriate behavior and morally repugnant, law-makers simply pass civil rights legislation outlawing discrimination, as though making hatred illegal can instantly make it go away. Instead, forced integration often intensifies the already-existing hostilities. Does anyone wonder why discrimination is still a serious problem in our society?

Is competition from the Japanese, the Germans and the Brazilians too stiff for American industry? We can solve that right away, says Congress. No use trying to convince industry to invest in more productive labor and capital, or voting to reduce the tax burden on business. No, they’ll just impose import quotas or heavy duties on foreign products and force them to “play fair.” Surely that will make us more competitive, and keep American companies in business.

Drugs, Guns, and Abortion

Is the use of mind-altering drugs a problem in America? Then let’s pass legislation prohibiting the use of certain high-powered drugs. People still want to use them? Then let’s hire more police to crack down on the drug users and drug dealers. Surely that will solve the problem. Yet such laws never address the fundamental issue, which would require analyzing why people misuse drugs and discovering ways they can satisfy their needs in a nondestructive manner. By out-lawing illicit drugs, we fail to consider the underlying cause of increased drug or alcohol misuse among teenagers and adults, and we fail to accept the beneficial uses of such drugs in medicine and healthcare. I salute voluntary efforts in communities to deal with these serious problems, such as “no alcohol” high school graduation parties and drug-awareness classes. Tobacco is on the decline as a result of education, and drug use could abate as well if it were treated as a medical problem rather than a criminal one.

Abortion is a troublesome issue, we all agree on that. Whose rights take precedence, the baby’s or the mother’s? When does life begin, at conception or at birth?

Political conservatives are shocked by the millions of legal killings that take place every year in America and around the world. How can we sing “God Bless America” with this epidemic plaguing our nation? So, for many conservatives the answer is simple: Ban abortions! Force women to give birth to their unexpected and unwanted babies. That will solve the problem. This quick fix will undoubtedly give the appearance that we have instantly solved our national penchant for genocide.

Wouldn’t it be better if we first tried to answer the all important questions, “Why is abortion so prevalent today, and how can we prevent unwanted pregnancies?” Or, once an unwanted pregnancy occurs, how can we persuade people to examine alternatives, including adoption?

Crime is another issue plaguing this country. There are those in society who want to ban handguns, rifles and other firearms, or at least have them tightly controlled and registered, in an attempt to reduce crime. We can solve the murder and crime problem in this country, they reason, simply by passing a law taking away the weapons of murder. No guns, no killings. Simple, right? Yet they only change the outward symptoms, while showing little interest in finding ways to discourage a person from becoming criminal or violent in the first place.

Legislators should be slow to pass laws to protect people against themselves. While insisting on a woman’s “right to choose” in one area, they deny men and women the right to choose in every other area. Unfortunately, they are all too quick to act. Drivers aren’t wearing their seatbelts? Let’s pass a mandatory seatbelt law. Motorcyclists aren’t wearing helmets? Let’s mandate helmets. We’ll force people to be responsible!

More Than Just Freedom

How did we get into this situation, where lawmakers feel compelled to legislate personal behavior “for our own good”? Often we only have ourselves to blame.

The lesson is clear: If we are going to preserve what personal and economic freedom we have left in this country, we had better act responsibly, or our freedom is going to be taken away. Too many detractors think that freedom is nothing more than the right to act irresponsibly. They equate liberty with libertine behavior: that the freedom to choose whether to have an abortion means that they should have an abortion, that the freedom to take drugs means that they should take drugs, that the legalization of gambling means that they should play the roulette wheel.

It is significant that Professor Whitehead chose the word “persuasion,” not simply “freedom,” as the ideal characteristic of the civilized world. The word “persuasion” embodies both freedom of choice and responsibility for choice. In order to persuade, you must have a moral philosophy, a system of right and wrong, which you govern yourself. You want to persuade people to do the right thing not because they have to, but because they want to.

There is little satisfaction from doing good if individuals are mandated to do the right thing. Character and responsibility are built when people voluntarily choose right over wrong, not when they are forced to do so. A soldier will feel a greater sense of victory if he enlists in the armed forces instead of being drafted. And high school students will not comprehend the joy of service if it is mandated by a community-service requirement for graduation.

Admittedly, there will be individuals in a free society who will make the wrong choices, who will become drug addicts and alcoholics, who will refuse to wear a safety helmet, who will hurt themselves playing with firecrackers, and who will drop out of high school. But that is the price we must pay for having a free society, where individuals learn from their mistakes and try to build a better world.

In this context, let us answer the all-important question, “Liberty and morality: can we have both?” The answer is, absolutely yes! Not only can we have both, but we must have both, or eventually we will have neither. As Sir James Russell Lowell said, “The ultimate result of protecting fools from their folly is to fill the planet full of fools.”

Our motto should be, “We teach them correct principles, and they govern themselves.”

Freedom without responsibility only leads to the destruction of civilization, as evidenced by Rome and other great civilizations of the past. As Alexis de Tocqueville said, “Despotism may govern without faith, but liberty cannot.” In a similar vein, Henry Ward Beecher added, “There is no liberty to men who know not how to govern themselves.” And Edmund Burke wrote, “What is liberty without wisdom and without virtue?”

Today’s political leaders demonstrate their low opinion of the public with every social law they pass. They believe that, if given the right to choose, the citizenry will probably make the wrong choice. Legislators do not think any more in terms of persuading people; they feel the need to force their agenda on the public at the point of a bayonet and the barrel of a gun, in the name of the IRS, the SEC, the FDA, the DEA, the EPA, or a multitude of other ABCs of government authority.

A Challenge to All Lovers of Liberty

My challenge to all lovers of liberty today is to take the moral high ground. Our cause is much more compelling when we can say that we support drug legalization, but do not use mind altering drugs. That we tolerate legal abortion, but choose not to abort our own future generations. That we support the right to bear arms, but do not misuse handguns. That we favor the right of individuals to meet privately as they please, but do not ourselves discriminate.

In the true spirit of liberty, Voltaire once said, “I disapprove of what you say, but I will defend to the death your right to say it.” If we are to be effective in convincing others of the benefits of a tolerant world, we must take the moral high ground by saying, “We may disapprove of what you do, but we will defend to the death your right to do it.”

In short, my vision of a responsible free society is one in which we discourage evil, but do not prohibit it. We make our children and students aware of the consequences of drug abuse and other forms of irresponsible behavior. But after all our persuading, if they still want to use harmful drugs, that is their privilege. In a free society, individuals must have the right to do right or wrong, as long as they don’t threaten or infringe upon the rights or property of others. They must also suffer the consequences of their actions, as it is from consequences that they learn to choose properly.

We may discourage prostitution or pornography by restricting it to certain areas and to certain ages, but we will not jail or fine those who choose to participate in it privately. If an adult bookstore opens in our neighborhood, we don’t run to the law and pass an ordinance, we picket the store and discourage customers. If our religion asks us not to shop on Sunday, we don’t pass Sunday “blue” laws forcing stores to close, we simply don’t patronize them on Sunday. If we don’t like excessive violence and gratuitous sex on TV, we don’t write the Federal Communications Commission, we join boycotts of the advertiser’s products. Several years ago the owners of Seven Eleven stores removed pornographic magazines from their stores, not because the law required it, but because a group of concerned citizens persuaded them. These actions reflect the true spirit of liberty.

Lovers of liberty should also be strong supporters of the institutions of persuasion, such as churches, charities, foundations, private schools and colleges, and private enterprise. They should engage in many causes of their own free will and choice. They should not rely on the institutions of force, such as government agencies, to carry out the cause of education and the works of charity and welfare. It is not enough simply to pay your taxes and cast your vote and think you’ve done your part.

It is the duty of every advocate of human liberty to convince the world that we must solve our problems through persuasion and not coercion. Whether the issue is domestic policy or foreign policy, we must recognize that passing another regulation or going to war is not necessarily the only solution to our problems. Simply to pass laws prohibiting the outward symptoms of problems is to sweep the real problems under the rug. It may hide the dirt for a while, but it doesn’t dispose of the dirt properly or permanently.

Liberty Under Law

This approach does not mean that laws would not exist. People should have the freedom to act according to their desires, but only to the extent that they do not trample on the rights of others. Rules and regulations, such as traffic laws, need to be established and enforced by private and public institutions in order for a free society to exist. There should be stringent laws against fraud, theft, murder, pollution, and the breaking of contracts, and those laws should be effectively enforced according to the classic principle that the punishment should fit the crime. The full weight of the law should be used to fine and imprison the perpetrators, to compensate the victims, and to safe-guard the rights of the innocent. Yet within this legal framework, we should permit the maximum degree of freedom in allowing people to choose what they think, act and do to themselves without harming others.

Convincing the public of our message, that “persuasion instead of force is the sign of a civilized society,” will require a lot of hard work, but it can be rewarding. The key is to make a convincing case for freedom, to present the facts to the public so that they can see the logic of our arguments, and to develop a dialogue with those who may be opposed to our position. Our emphasis must be on educating and persuading, not on arguing and name-calling. For we shall never change our political leaders until we change the people who elect them.

A Vision of an Ideal Society

Martin Luther King, Jr., gave a famous sermon at the Lincoln Memorial in the mid-1960s. In it, King said that he had a dream about the promised land. Well, I too have a vision of an ideal society.

I have a vision of world peace, not because the military have been called in to maintain order, but because we have peace from within and friendship with every nation.

I have a vision of universal prosperity and an end to poverty, not because of foreign aid or government-subsidized welfare, but because each of us has productive, useful employment where every trade is honest and beneficial to both buyer and seller, and where we eagerly help the less fortunate of our own free will.

I have a vision of an inflation-free nation, not because of wage and price controls, but because our nation has an honest money system.

I have a vision of a crime-free society, not because there’s a policeman on every corner, but because we respect the rights and property of others.

I have a vision of a drug-free America, not because harmful drugs are illegal, but because we desire to live long, healthy, self-sustaining lives.

I have a vision of an abortion-free society, not because abortion is illegal, but because we firmly believe in the sanctity of life, sexual responsibility, and family values.

I have a vision of a pollution-free and environmentally sound world, not because of costly controls and arbitrary regulations, but because private enterprise honors its stewardship and commitment to developing rather than exploiting the earth’s resources.

I have a vision of a free society, not because of a benevolent dictator commands it, but because we love freedom and the responsibility that goes with it.

The following words, taken from an old Protestant hymn whose author is fittingly anonymous, express the aspiration of every man and every woman in a free society.

Know this, that every soul is free
To choose his life and what he’ll be;
For this eternal truth is given
That God will force no man to heaven.

He’ll call, persuade, direct aright,
And bless with wisdom, love, and light,
In nameless ways be good and kind,
But never force the human mind.

About the Author

Mark Skousen is Adjunct Professor of Economics and Finance at Rollins College in Winter Park, Florida, and editor of Forecasts & Strategies, one of the largest financial newsletters in the United States. He is the author of over a dozen books, including High Finance on a Low Budget (co-authored with his wife, Jo Ann), The Complete Guide to Financial Privacy, Scrooge Investing, The Structure of Production, and Economics on Trial. His latest book is The Investor’s Bible: Mark Skousen’s Principles of Investment. He has a Ph. D. in economics from George Washington University and is a former economist with the Central Intelligence Agency.

For more information on his books or for a sample copy of his newsletter, contact:

Phillips Publishing Inc.
7811 Montrose Road
Potomac, Maryland 20854
800-777-5005 / 301-340-2100


Editor’s note:
This article was reprinted from the September 1991, Liberty (Box 1167, Port Townsend, Washington – 98368). Generally, it advocates the same kind of fundamental change that The Voluntaryist seeks. Even though Dr. Skousen’s emphasis is on “educating the public,” I suspect that he still supports electoral politics. Otherwise, there would be no reason for him to write (immediately after the words just quoted): “For we shall never change [the attitudes and goals of] our political leaders until we change the [attitudes and desires of the] people who elect them.” My immediate response is that we don’t want “political” leaders. The point of the “one at a time revolution” is to make each person a self-governor so that political leaders are not only not necessary, but viewed as the criminal usurpers they really are.

As I wrote in my article, “Cultivate Your Own Garden,” in Whole No. 40

Informed common sense says that “political gains without philosophical understanding are potentially short-lived.” … [T]here is no reason to capture the seats of political power in order to disband the State. Just as voluntaryism occurs naturally if no one does anything to stop it, so will the State gradually disappear when those who oppose it stop supporting it. … The only thing that the individual can do “is to present society with ‘one improved unit’.” As Albert Jay Nock put it, “[A]ges of experience testify that the only way society can be improved is by the individualist method…; that is, the method of each ‘one’ doing his very best to improve ‘one’.” This is the “quiet” or “patient” way of changing society because it concentrates upon bettering the character of men and women as individuals. As the individual units change, the improvement of society will take care of itself. In other words, “If one takes care of the means, the end will take care of itself.”

In concluding, I would like to commend Dr. Skousen for taking “the high moral ground,” as he puts it. He understands, as so few of our critics do, that just because we advocate allowing an activity (e.g., unrestricted drug usage), does not necessarily mean that we personally advocate participation in it. Of course, the other side of the coin, which our critics often miss, too, is that “just because we don’t support State-involvement in an activity (public schooling, for example), doesn’t mean that we don’t necessarily support that activity itself.”

Chaos In The Air: Voluntaryism or Statism in the Early Radio Industry?


by Carl Watner
From Number 51 – August 1991

Historical Overview

In the history of technology in the 20th Century, one of the most rapidly developed and marketed scientific advances was the radio, or the wireless, as it was originally called. Invented by Guglielmo Marconi in the late 1890s, the commercial value of wireless telegraphy was at first believed to be in the transmission of Morse code in ship-to-shore communications. Government intervention from the very beginning influenced how the wireless evolved. In the United States, the laws regulating the radio industry eventually became some of the most severe, the most drastic, and most confining of those affecting any American business. Nevertheless, the history of the radio industry is an interesting example of voluntaryism at work. Never in his wildest dreams did Marconi imagine the development of commercial voice radio broadcasting as it emerged in the United States by 1930, with hundreds of stations transmitting into millions of homes. Nor did Marconi or others understand the homesteading process by which the free market was developing property rights (freedom from interference) in the radio spectrum. Whatever progress was being made in this direction was destroyed by federal legislation in the late 1920s. “Chaos in the air,” an expression some historians have used to label the early phases of the radio industry, was really the result of statism, not voluntaryism.

The Invention Of The Wireless And Its Early Development

Guglielmo Marconi (1874-1937) was the Italian inventor- entrepreneur who came to England in 1896, and took out the world’s first (British) patent for wireless telegraphy based on the use of electric waves. A year later, he and his relatives formed the Wireless Telegraph and Signal Company. From the very start of his experiments in England, Marconi recognized the commercial and military value of his invention. He provided wireless demonstrations to officials of the British Post Office, and other countries. By 1898, he had established communication between England and France across the English Channel, utilized wireless in naval maneuvers, and seen the first military application of his invention in the Boer War.

In order to commercially exploit his invention, at the turn of the century Marconi formed a subsidiary company, called Marconi International Communications, which leased trained operators and equipment, rather than charging for individual messages which those operators transmitted. Not charging for messages allowed Marconi to circumvent telegraph monopoly restrictions of the British Post Office that “prohibited a private company from sending telegraphic messages for monetary gain.” In 1901, he signed an exclusive 14 year contract with Lloyd’s of London. Marconi operators and Marconi equipment were used by Lloyd’s to keep the home office advised about the status of insured ships. Thus Marconi established a presence in all the major seaports of the world. Meanwhile, since competitors from America and Germany had appeared, the Marconi Company established its most controversial policy, known as the nonintercommunication rule. Marconi operators on ship or shore, could only communicate with other Marconi operators. Clients using other apparatus were excluded from the Marconi network. Only in the event of a serious emergency was this rule to be suspended.

The nonintercommunication rule was the only way Marconi could benefit from his efforts, given the British Postal regulations that prevented him from sending messages for profit. Nonetheless, when put into practice, it was to have serious international repercussions. In March 1902, Prince Henry of Germany, the Kaiser’s brother, was returning to Germany after a highly publicized visit to the United States. He was sailing aboard a German liner, the “Deutschland”, which was equipped with wireless equipment made by a German company, Slaby-Arco. None of the Marconi stations on either side of the Atlantic would communicate with the ship because of its rival apparatus. Prince Henry, who tried to send wireless messages to both the US and Germany, was outraged. The ship might as well not have had any wireless equipment on board.

This was just the beginning of “malignant Marconiphobia” on the part of the Germans. In July 1903, a month before the first international wireless conference in Berlin, two competing German firms, Slaby-Arco and Braun-Siemens-Halske, merged to form Telefunken in order to present a united German front against Marconi. This was done with the full support of the German government. Although the Conference was supposed to address a number of wide-ranging issues, the only real issue was the Marconi Company’s refusal to communicate with other systems. All the countries at the conference, with the exception of Italy and Great Britain, favored compelling Marconi to communicate with all ships because they opposed his ‘de facto’ monopolization of the air waves.

“Although the ‘Deutschland’ incident appeared at first to be a petty confrontation between two rival companies and their respective countries, it was actually a watershed in the early history of wireless. The emerging problems surrounding the technology and its financing and regulation, and the sanctity of each country’s territorial air were embodied in the Marconi German clash. Could a private company, whether it had technical priority or not, gain dominance over a resource such as the airwaves and become arbiter of who could use them and who could not?” Most of the European countries represented at the Conference (Germany, France, Spain, and Austria) had all assumed control of wireless in their own countries-under the guise of its military significance. Whereas Marconi was involved in commercial exploitation, the governments of these countries saw huge strategic value in the airwaves. The American delegates were at a loss since their own government had done so little “to promote or gain jurisdiction over the American wireless situation.”

The U.S. Government And Other International Regulation

It was not until a year after the conference that the United States government took concerted action to address itself to the benefits of wireless. On June 26, 1904 Teddy Roosevelt appointed the Interdepartmental Board of Wireless Telegraphy, better known as the Roosevelt Board. Its purpose was to report on the consolidation and management of wireless for the government. The board was also to determine how private and government stations could operate without interference. The board submitted their report in August 1904. It suggested that the Navy take responsibility for operating the government’s wireless system and begin establishing a complete country-wide radio telegraphy system. The Navy was to receive and send messages free of charge, except it was not to compete with commercial stations. It also recommended licensing of all private stations and supervision of them by the Department of Commerce and labor to prevent “exploitation” and “control by monopolies and trust.”

The Navy’s attitude was best explained by its attitude toward monopoly. The naval officers on the Roosevelt Board were not opposed to monopoly, per se, for they favored naval control of wireless. They simply opposed civilian or commercial monopoly which would take control out of their hands.

The U.S. Navy displayed a cavalier attitude towards wireless from the very first. American inventors, such as John Stone, Reginald Fessenden, and Lee De Forest, had formed their own companies to compete against Marconi, and produce their own wireless apparatus. All of them encountered a naval attitude that was “inhospitable to inventors, and unappreciative of their technical goals and financial needs.” In August 1904, when the Navy scheduled its first wireless trials, it set impossible requirements, such as requiring guarantees that apparatus built by one company would communicate with another. After inspecting the equipment supplied by various companies, the Navy refused to respect their patents. In the case of Reginald Fessenden, he advised the Navy in late 1904, that they were infringing on his patent for the electrolytic detector. The Navy considered itself under no obligation to respect his patent, even after Fessenden won numerous court decisions in his favor. Ultimately he had to obtain an injunction and a contempt of court citation to prevent one of his competitors from supplying the Navy with pirated copies of his apparatus.

In October 1906, the second International Wireless Conference took place in Berlin. The second conference was again called by Germany, because nothing had been solved by the first conference. Twenty-seven countries sent delegates. Again, as at the first conference, the nonintercommunication policy of the Marconi Company was the primary issue. The American delegates introduced a resolution endorsing compulsory intercommunication, whether it be ship-to-ship, or ship-to-shore. All but the delegates of Britain, Italy, and Japan accepted these resolutions. The compromise that emerged from the conference required every public shore station to communicate with every wireless-equipped ship, and vice versa, without regard to the system of wireless telegraphy used by either. With this major issue out of the way, both the German and American delegates went on to tackle other issues which would bolster military control. “To that end they supported the revolutionary German proposal that the ether be divided into regions by wave lengths, with the military getting the largest and best tracts.” The Germans recommended a range of 600 to 1600 meters for naval and governmental use, and 300 to 600 meters for commercial stations and merchant ships. In Germany, where all the stations were government-owned and -operated, this division made no real difference. But in England and America where all the stations were private, except for a few naval stations, this would impose a great hardship on Marconi by relegating all private stations, to an inferior portion of the spectrum. This proposal was supported by the American delegates, “hoping it would ease the U.S. Navy into a preeminent position in American Wireless: the Navy hoped to gain through regulation what it had failed to achieve technically.”

Other regulations were worked out at the conference. All shipboard stations were to be licensed by the country under whose flag they sailed. Shipboard operators were also to be licensed. It was at this conference that the international distress code was decided upon. Britain preferred its own CQ (supposedly from ‘seek you’), but the Germans insisted on their SOE. Since the letter ‘e’ was only one dot and could get easily lost, it was decided to use SOS. When Great Britain ratified the treaty in 1908, Parliament agreed to compensate the Marconi Company through a three year subsidy, that would make up for any loss it would suffer as a result of the abridgement of its nonintercommunication policy.

Developments In American Radio

When the American delegates to the second International Wireless Conference returned home, they were surprised that public sentiment was against ratification of the treaty. By late 1906, numerous developments, unique to the American radio scene had taken place. For one thing, American wireless activity had not been confined to the military or to business. The ubiquitous amateur had appeared, prompted by the discovery of the crystal detector which made possible a sensitive, durable, and inexpensive receiving apparatus. The father of science fiction and an avid promoter of wireless as a hobby, Hugo Gernsback had already opened his radio emporium, Electro-Importing Company, in New York City, for the amateur. His shop was the first in the United States to sell wireless apparatus appropriate for home use directly to the public. By 1910, the amateurs surpassed both the US Navy and United Wireless (the largest private wireless company) in both quantity of operators, and usually in the quality of apparatus. The Wireless Association of America, which Hugo Gernsback had also started, claimed ten thousand members by 1910, and the NEW YORK TIMES estimated that 122 wireless clubs existed in America by 1912.

Another development, to have more impact in the future, was that Reginald Fessenden had reported the first successful voice transmission by wireless in October 1906. At the same time, Lee De Forest announced the invention of his new receiver, the audion, an early version of the radio vacuum tube. Both of these inventors foresaw the possibilities of radiotelephony (wireless voice transmission), not only for point-to-point messages, but for broadcasting speech and music. This conception of radio was “original, revolutionary, and quite different.” Instead of offering institutional customers a substitute system similar to one they already had, De Forest (in particular) was suggesting a new technical and entertainment system to be marketed to ordinary people. De Forest envisioned using wireless telephony as a means of making money for himself by delivering entertainment to people in their homes. His idea was buttressed by the occurrence of the first true radio broadcast in American history, which took place on Christmas Eve, 1906. This was done by a competitor, Reginald Fessenden, and the program included music from phonograph records, live violin music, singing and live speech. A similar program was repeated on New Year’s Eve.

The collision of two ships, the REPUBLIC and the FLORIDA, in January 1909, precipitated the first government regulation of wireless in America. The two ships, carrying over 1200 passengers, rammed one another 26 miles south of Nantucket. Two people were killed, and hundreds injured, but the remainder were saved as a result of the efforts of Jack Binns, wireless operator on the REPUBLIC, who transmitted SOS messages until a rescue ship arrived. Realizing that the wireless provided a safety net to ships at sea, Congress passed the Wireless Ship Act on June 24, 1910. “It provided that any ocean-going steamer sailing in or out of United States ports, carrying fifty or more persons, and plying between ports two hundred miles or more apart, be equipped with ‘efficient apparatus for radio-communication, in good working order, in charge of a person skilled in the use of such apparatus’.”

By l9lO, wireless had existed in America for a decade.The US Congress had not ratified either of the international treaties of 1903 or 1906, and the commercial companies had lobbied against any type of regulation whatsoever. The increased use of the air waves led to a three-way struggle between the amateur radio enthusiasts, the U.S. Navy (representing the American military establishment) and the commercial business interests. As radio was uncharted ground (and at this point in time not yet regulated domestically by the federal government) there were no guidelines for doing away with interference or establishing priority to portions of the airwaves. The commercial companies were loath to take this dispute into the public arena for fear of suggesting that wireless was still unreliable and needed public regulation. If the commercial companies could not overpower their competitors, they resorted to gentlemen’s agreements among themselves. “For example, the one hundred members of a wireless club in Chicago worked out an air-sharing agreement with the local commercial operators which was designed to reduce interference for both groups.”

Military officials began lobbying in Washington, as early as 1909, for stricter regulations or elimination of the amateur on the grounds of safety at sea and national security. Amateur interference with Navy ships at sea, as well as base naval stations rankled the Navy to no end. The amateurs issued charges of their own against the Navy: that many naval operators were incompetent and that the Navy used antiquated equipment. The amateurs were not willing to accept the national security argument when the Navy itself had done little to “ensure that wireless would help preserve that security.” According to the amateurs the Navy should have to clean up its own act before it called for restricting the amateurs. In short, the amateurs took a “proprietary attitude toward the airwaves they had been working in for the past five years.” The Wireless Ship Act of 1910, which had gone into effect in July 1911, ultimately worsened radio interference, especially at port, because more and more ships were equipped with radio apparatus. By 1912, numerous bills had been introduced in Congress to diminish pollution of the ether, as radio interference was called, though none were passed.

The Radio Act of 1912

The sinking of the TITANIC occurred on April 15, 1912, and acted as a catalyst for renewed federal action. As the disaster unfolded in the press, the status of wireless and wireless regulation “were permanently altered.” One ship, within twenty miles of the TITANIC, was equipped with wireless, but its sole operator had retired for the night, and the captain had shut down the ship’s engines (which generated the electricity for the apparatus) while traveling through the iceberg field. Another ship, thirty miles away had no radio apparatus aboard. The CARPATHIA, which was fifty-eight miles away, and which rescued the survivors in lifeboats, only received the TITANIC’S SOS by luck. The ship’s operator had returned to the wireless room to verify the ship’s time and overheard the disaster signal when he put on his headphones. Soon after the CARPATHIA reached New York, the Senate Committee on Commerce began holding its preliminary hearings into the TITANIC disaster.

Within four months of the Senate hearings, the whole American radio scene shifted dramatically in the statist direction. Not only would the government supervise and regulate the air waves, but transmitting in the ether would no longer be an inherent right, but rather a privilege assigned by the State. Safety at sea was not the only legislative concern. Other political influences were at work. The Senate, on April 3, 1912, finally endorsed the treaty prepared at the second International Wireless Conference of 1906. “A third convention was scheduled for June 1912, and the United States was informed that its delegates would not be welcome unless it ratified the treaty.” Such inaction would place the United States outside the pale of the other “civilized” nations, all of which embraced statist control of the air waves. To remedy this, Congress passed appropriate legislation.

The Radio Act of 1912, which was to regulate radio until 1927, was approved on August 13, and took effect four months later, on December 13, 1912. The most significant passage in the Act was the provision that the Secretary of Commerce be empowered to issue licenses and make other regulations to sort out the wireless “chaos.” The Act required that all operators be licensed by the government, that stations use certain assigned frequencies, and that distress calls were to receive the highest priority. Amateurs were assigned a portion of the spectrum then considered useless-short waves of 200 meters or less. Congress finally adopted the international distress signal and mandated that every shore station listen in on the 300 meter band (the wavelength assigned for emergencies) every fifteen minutes. “Intercommunications between systems was compulsory,” and fines were provided for “irresponsible transmission” and “malicious interference” (at the time of the TITANIC disaster, amateurs had interrupted rescue efforts and provided false reports about the progress of the rescue mission). The new legislation allocated wavelengths according to the 1906 International Conference, so the military received the most useful wave bands. Naval stations were required to transmit and receive commercial messages if there was no commercial station within a 100 mile radius. The 1912 Act limited the issuance of licenses to citizens of the United States, and empowered the president “to close private wireless stations, or to authorize the government to take them over” in the event of war or disaster. The American Marconi Company supported the new regulations, which reinforced its own commercial monopoly in the U.S., since it had bought out or driven out of business its main competitors. “With the amateurs assigned to the short waves and the Navy to the 600 to 1600 meter range, the regulation ensured that in America, the Marconi Company would have portions of the spectrum entirely to itself.”

The Radio Act of 1912 clearly represents a watershed in the history of wireless. The “one critical precedent this law established in broadcast history was the assumption” that the ether was a collective national resource of the people of the United States, rather than private property of the first person or persons that used it regularly. “Another precedent established was that the State would assume an important role in assigning property rights in the spectrum.” There would be no free market or private property rights in the ether. Instead the federal government would implement and protect “the people’s interest” in spectrum use by some standard of “public convenience and necessity.” Particular wavelengths could not be bought and sold. “Rather, the State would determine priority on the basis of claimed needs, previous investment, and importance of the messages. Those claims would be acknowledged by wavelength allocations. What established merit in 1912 was capital investment or military defense, coupled with language that justified custodial claims based on an invaluable service to humanity. This, too, was a significant precedent. For, under the guise of social responsibility, of protecting the lives of innocents, and of managing a resource more efficiently, the military and a communications monopoly secured dominant positions in America’s airwaves.”

World War I Rationalization and the Formation of RCA

During the second decade of the 20th Century, the single most important influence on American radio was “the Navy’s increasingly proprietary attitude toward America’s wireless system.” Josephus Daniels who was Secretary of the Navy from 1913 to 1921, was “an outspoken advocate of complete naval control of American wireless.” “World War I provided a most favorable political and ideological climate for the promotion of military wireless ambition” in the United States. The war was used as an excuse for the Navy to gain full control over American wireless. Under the Radio Act of 1912, when the US formally declared war on April 6, 1917, President Wilson closed down or assumed control over all private radio stations in the United States. Amateurs were ordered off the air, and told to dismantle their stations (local police in New York searched for and seized over 800 amateur stations). Fifty-three stations (mostly American Marconi’s) were taken over and added to the Navy’s communication network. Another twenty-eight stations were closed down. By the end of the war, the Navy owned 111 of the 127 commercial stations then in existence.

During 1918, the Navy’s obsession to obtain total control of American radio was nearly achieved. Under its war powers, the Navy bought out one of Marconi’s major competitors, Federal Telegraph, in May 1918, to prevent its being purchased by Marconi. Thus by the end of 1918, the Navy controlled all of the major elements of the budding broadcast industry, except-the amateurs (who were at that time outlawed), Marconi’s long distance stations, the patent on the vacuum tube, and General Electric’s alternator. Since the military, especially the Navy, was the only buyer of radio equipment during the war, it was able to dictate equipment specifications, production schedules, suppliers, and prices. The Navy even threatened the Crocker-Wheeler Company with government take-over, when it refused to turn over the blueprints of its motor-generators to its chief competitor, General Electric. The Navy was also responsible for imposing a patent moratorium in the radio industry. This made it possible for suppliers to use the best components, regardless of who owned the patent.

By the summer of 1919, it was clear that the press, Congress, and the public would not support Secretary of the Navy Daniels’ attempts to assert control over the post-war wireless industry. Since the Navy was afraid that the Marconi Company would regain its prominence and have control of, or access to, American technology, naval officials began orchestrating the formation of an all-American company that would buy out American Marconi. Such a company would forever end all foreign interests in America’s wireless communication network. This new company was to be the Radio Corporation of America, and it was incorporated with the Navy’s blessings in October 1919. E.J. Nally, president of American Marconi, became the first president of RCA. American Marconi was forced to turn over all of its stations and employees to the new corporation, which was formed as a government- sanctioned monopoly.

Even after the formation of RCA, the Navy remained a potent influence in the post World War I environment. Stanford Hooper of the Navy engineered industrial cross-licensing agreements of radio patents between members of the Radio Group or Radio Trust. This group included RCA, GE, Westinghouse, and United Fruit (whose wireless operations combed Central America). The most important legacy, however, left by naval control of radio during World War I was the belief that radio was a natural monopoly and that only as a monopoly could radio function in the U.S.

The Post-War Amateur Boom and Commercial Broadcasting

Although amateur radio had a strong foothold before the war, the government ban on amateur receiving stations was not lifted until April 12, 1919. Amateurs were not permitted to transmit until September 26, 1919. Groups like the American Radio Relay League, which had held its first cross-country message relay in 1916, and which had been formed two years earlier to unite radio amateurs in a grass-roots, coast-to-coast communications network, which “made it possible for the private citizen to communicate across great distances without the aid of either the government or a corporation,” sprang back into action. By 1920, the Department of Commerce counted over 10,000 licensed amateur radio operators.

Frank Conrad was one of the most famous amateurs. He was a gifted engineer who worked for Westinghouse in Pittsburgh, Pennsylvania. By May 1920, the local newspaper was reporting on his radio concerts, which included live performances on piano, and phonograph music. Seeing an opportunity to increase sales of radio sets, the Joseph Horne Department Store in Sept. 1920 ran an ad in the PITTSBURGH SUN describing the Conrad radio concerts and informing the public that sets capable of receiving these concerts were on sale for $10. Finally, a Westinghouse vice-president realized that the real wireless market was in commercial-broadcasting. Westinghouse had Conrad set up a commercial broadcasting station at its plant, and began building radio receivers for home use. The Westinghouse station, KDKA began operating Nov. 2, 1920, in time to report on the presidential election.

“Over the next year and a half, the ‘broadcasting boom’ swept the United States, beginning in the northeast, and moving south and west, reaching unprecedented levels of intensity by the spring of 1922.” Many of the features we now take for granted, such as time signal service, broadcasting of baseball games and other sporting events, theatrical programs, and political interviews were all inaugurated during 1921 and 1922. In 1922, the AT&T flagship station WEAF introduced the first advertisements over the air. By 1927, it was estimated that the retail value of receiving sets, parts, and accessories amounted to about $500 million, compared to about $2 million in 1920. Over 7.5 million radio sets had been produced in 7 years, and in the same period the number of organized broadcasting stations had grown from one to over 700.

When the first commercial station made application in 1921, for a federal radio license under the Radio Act of 1912, the Secretary of Commerce, who was charged with the issuance and administration of the radio licensing system, found himself in a quandary because it represented a new class of station. Although the Act itself provided for a system which primarily served as a station registry, the Secretary assigned each station a wave length under which it was to operate. Eventually, it was decided to license the station on a wave length of 360 meters, because that would place it far enough from frequencies used by other classes of users, such as ships, the military and amateurs. As other broadcasting stations applied for licenses, they, too, were placed on the same wave length (and eventually on the 400 meter band, too), so that by 1923, there were several hundred commercial transmitters potentially interfering with one another. In many cases, this interference was real because the stations were in close enough geographical proximity to cause interference.

At the same time, the case of Hoover vs. Intercity was decided in the appeal courts. Herbert Hoover, Secretary of Commerce in 1921, had refused to renew the broadcasting license of Intercity Radio Company, Inc. on the grounds that he was unable to find a wave length to assign whose use would not interfere with others. Intercity sued and, in the final decision rendered in February 1923, it was held that “the Secretary of Commerce had no discretion to refuse the license. …” In effect, the court declared that any one had the right to apply for and receive a license from the Secretary of Commerce, though the Secretary had some discretion in the assigning of wave lengths to them. Partly as a result of the outcome of this case, Hoover called a general conference of all radio interests in an attempt to bring some “order” to the air waves. At the conference, the frequency spectrum was divided up so that each type of radio service (ships, shore stations, transoceanic stations, amateurs, and commercial broadcasters, etc.) had its own special frequency zone, and within the zone, each broadcaster was assigned a particular channel.

This and subsequent annual conferences, helped clear up some of the congestion in the air. So long as there were not too many stations, and none of them were using high power (at the time, a 300 watt station was the standard size) there were few complaints of interference. However, since the Intercity decision did not permit the Secretary of Commerce to deny applications for radio licenses, there was a proliferation of requests. Soon there were over 500 commercial stations in the country, and there was no longer any room in the commercial portion of the broadcasting frequency zone in which to assign them wave lengths. Consequently, by the end of 1925, the Department of Commerce ceased issuing any new commercial radio licenses.

While this was occurring, the government brought criminal charges against the Zenith Radio Corporation for violating the terms of its license which had been granted in early 1925. The Zenith license stipulated that the station must use the wave length of 332.4 meters, and its hours of operations were limited from 10 to 12 pm on Thursday, and then only when the use of this time was not desired by the General Electric Station in Denver. Zenith, by its own admission, broadcast at times and on wave lengths not specified in its license. The decision rendered in April 1926, held that the Secretary of Commerce “had no power to make regulations and was to issue licenses” according to the Radio Act of 1912, whose only requirement was that the wave lengths be less than 600 meters and more than 1600 meters.

As one attorney at the time put it, “As a result of this ruling, the entire regulatory system broke down.” The Department could not legally prohibit the issuance of licenses. Within 10 months an additional 200 commercial stations were licensed. In July 1926, the stations then in existence were using 378,000 watts of power. By March 1927, that wattage had nearly doubled. The broadcasting industry was in a state of confusion. Stations would change frequencies as well as the output. Many stations could not air their programs, and the listening public was entirely discouraged and dissatisfied by the fact that nearly every transmission was accompanied by the whistles and squeals from interfering stations.

In an article on the “Law of the Air” published in 1928, it was pointed out that there were two ways in which this predicament might have been handled. First, the broadcasting industry itself must have eventually come to the realization that it was on a self-destructive course, and taken measures to “regulate itself, relying upon the courts to handle the situation in accordance with the fundamental rules of law which had been found applicable in other similar conditions.” This in fact was happening. Even before the Zenith decision, some stations had made agreements among themselves as to the hours during which they might broadcast and as to the frequencies they might use. “Many stations made the best of the situation and, by contract, worked out a satisfactory and amicable schedule of hours.” Such contracts and agreements had been upheld in federal court (see Carmichael v. Anderson, 14 Fed 2nd 166, July 19, 1926) even apart from the invalidity of any Department of Commerce licensing restrictions.

There was another way in which the broadcast industry was beginning to control its excesses. Many older stations refused to share time with the newer stations and were coming to claim “the exclusive right to use a wave length free from interference, by reason of priority of appropriation.” The foremost case upholding the idea of homesteading rights was a state decision in the Circuit Court of Cook County, Illinois on November 17, 1926. In Tribune Co. v. Oak Leaves Broadcasting Station, the chancellor was influenced by four types of common law cases. The two most important were those dealing with prior appropriation of water in the western states and trade-name cases. The western doctrine was that the first appropriator of the water of a stream was rightfully entitled to its use as against all other comers. This doctrine applied to both irrigation and mining and was the outgrowth of the customary usage of the western pioneers. By analogous reasoning, it was held that the Chicago Daily Tribune’s station, WGN (World’s Greatest Newspaper) had “created and carried out for itself a particular right or easement in and to the use of” its customary wave length, and that outsiders should not be able to deprive them of that right. Furthermore, the use of call letters and dial readings enabled listeners to identify each particular station on their receiving apparatus. These identifiers were similar in nature to trade-marks or trade-names, and were used by the stations to build patronage, popularity, and goodwill. The court concluded that “priority of time creates a superiority in right” in the property of a commercial broadcaster.

The Tribune decision intensified the fear of legislators and regulators that licensees under the Radio Act of 1912 would ultimately be able to assert proprietary rights in the courts. This prompted the passage of a Joint Resolution of Congress on December 8, 1926 that mandated that all existing commercial broadcasting licenses expire in 90 days, and required all “licensees to file their waiver of any assertion of proprietary interest in a license or frequency as against the regulatory power of the United States.” This echoed an earlier Senate resolution, passed in 1925, in which the airwaves and the use thereof had been declared to be “the inalienable possession of the people of the United States… .” Instead of allowing property rights in the spectrum to develop, Congress passed a new federal radio law on February 23, 1927.

The Federal Radio Act of 1927 strengthened the principle of statism underlying the earlier law of 1912. The new law exerted stringent controls over the broadcasting industry. First, it stated that 60 days after the passage of the act, all licenses would be terminated. Second, it clearly stated that broadcasting was not a right, but rather a privilege granted by the United States. Third, it created the Federal Radio Commission, whose powers were eventually transferred to the Federal Communications Commission in 1934. Finally, it embraced language of the earlier Joint Resolution of Congress by providing elaborate provisions against the assertion of any property rights in a frequency.

In his 1959 article, “The Federal Communications Commission,” Ronald Coase analyzed the rationale behind the broadcasting regulatory system and the events which preceded government regulation. He cited Charles A. Siepmann’s book, RADIO, TELEVISION, AND SOCIETY (1950) which provides the standard justification for the Radio Act of 1927: “Private enterprise, over seven long years, failed to set its own house in order. Cutthroat competition at once retarded radio’s orderly development and subjected listeners to intolerable strain and inconvenience. ” Coase puts these reasons to rest by explaining that the views of Siepmann and others are faulty because they “are based on a misunderstanding of the problem.”

(T)he real cause of the trouble was that no property rights were created in these scarce frequencies. We know from our ordinary experience that land can be allocated to land users without the need for government regulation by using the price mechanism. But if no property rights were created in land, so that everyone could use a tract of land, it is clear that there would be considerable confusion and that the price mechanism could not work because there would not be any property rights that could be acquired. If one person could use a piece of land for growing a crop, and then another person could come along and build a house on the land used for the crop … it would no doubt be accurate to describe the resulting situation as chaos. But it would be wrong to blame this on private enterprise and the competitive system. A private-enterprise system cannot function properly unless property rights are created in resources, and, when this is done, someone wishing to use a resource has to pay the owner to obtain it. Chaos disappears; and so does the government except that a legal system to define property rights and to arbitrate disputes is, of course, necessary.

While this is not the place to challenge Coase’s assumption that we need a governmental legal system, the main thrust of his argument is true. The fact of the matter is that the participants in the commercial broadcasting industry were acting in such a manner as to bring about the recognition of property rights and of the right to be free of interference in their broadcasting activities. Of course, it is difficult to say what would have happened had the Radio Act of 1927 not been passed. But reviewing the history of wireless and the radio it was nearly a foregone conclusion that the State would somehow assert its dominance in this media. From the very first, the State recognized the wireless’ potential as a strategic military weapon. Later it realized its propaganda value. Although it was voluntaryism which made possible the invention of wireless and its commercial developments, it was the aggressive nature of the State and its military that was mostly responsible for the way radio became a handmaiden of the State.

Short Bibliography

  • R.H. Coase, “The Federal Communications Commission,” THE JOURNAL OF LAW AND ECONOMICS, October 1939, pp. 1-40.
  • Susan Douglas, INVENTING AMERICAN BROADCASTING 1899-1922, Baltimore: Johns Hopkins University Press, 1987. This is an excellent overview of the early years of the radio industry. Quotes in the earlier sections of this article may be found in this book, as follows: Sec. I see pp. 120-122. Sec. 11 see pp. 112, 125, 139-140. Sec. III see pp. 207, 209, 214, 220. Sec. IV see pp. 226, 235-237. Sec. V see p. 258. Sec. VI see p. 300.
  • THE RADIO INDUSTRY-THE STORY OF ITS DEVELOPMENT, Chicago: A.W. Shaw Company, 1928. See “The Law of the Air,” especially pp. 167-173.
  • “Scarcity In Radio Communication,” Edwin Diamond, Norman Sandier, and Milton Mueller, TELECOMMUNICATIONS IN CRISIS, Washington, D.C.: Cato Institute, 1983, pp. 65-72.
  • Paul Segal and Harry Warner, “‘Ownership’ of Broadcasting ‘Frequencies’: A Review,” THE ROCKY MOUNTAIN LAW REVIEW, February 1947, pp. 111-122.
  • James Taugher, “The Law of Radio Communication with Particular Reference to a Property Right in a Radio Wave Length,” MARQUETTE LAW REVIEW, April 1928, pp. 179-192, and pp. 299-317.

Personal Anarchy


by Michael Ziesing
From Number 51 – August 1991

Tell people you’re an anarchist and you’ll probably get a reaction. Maybe they’ll back away and/or run in sheer terror. (You may have a bomb and know how to use it, after all!) Or maybe they’ll spit in your eye and/or try to lock you up. What I get most is a whole lot of questions. And the ones most often asked, by far, are these: In a statist world – one controlled by government – isn’t being an anarchist sort of Utopian, even phoney? Do anarchists really believe that we could have a world without government? Many anarchists have tried to answer these questions. They’ve spent much time and thought considering how anarchy would solve this problem or deal with that issue. In other words, If anarchy were the “rule” in the world, how would it work? Personally, I’ve never been particularly interested in that line of thought. What I am interested in is anarchy and the world in which I live and act and speak. When people ask me the top-of-the-list question, I want to talk about anarchy now. I want to talk about anarchy in the first person. I want to say there or here is my view. I have no intention or desire to speak for the anarchist community, if there even is such a thing. By definition, all anarchists speak for themselves. And what this anarchist wants to talk about is personal anarchy.

All governments – from Iraq to Israel, from China to the U.S.A. – all governments, are based on coercion and force. If you don’t want to do what the government says, they will either make you do it, lock yo up, take your property, torture you, or kill you. Coercion is exercising force to bring about compliance. All governments do it. Whether the coercion is an effort to bring about things we agree with (e.g., reducing littering, stopping sexism or racism in hiring or housing) or things that we don’t agree with (e.g., being taxed, drafted, driving 55 miles an hour). The point is that force – naked power – is used to bring about compliance. That’s a given, and it seems to me an indisputable fact. Don’t do what the government says. Pay the price. Period.

Because no government is willing to admit that it governs solely on the basis of naked power, all governments claim to have authority. That is, they claim to be legitimate. They claim to have the RIGHT to rule. Over the relatively small period of human history where there have been governments (a tiny, tiny fraction of human history indeed) all sorts of reasons have been put forward for why a particular government was the legitimate government. Among those “justifications” have been that it was a mandate from heaven, that it was the will of the majority, the will of “superior” people, and so forth. In actual fact, there is no such thing as a legitimate government in any ordinary language sense of the word. People have a right to be and do as they please, so long as they don’t initiate force against others. My goal is to be as free as I can in this world – in the here and now. I’d also like to help others be as free as they can be. That I’m not absolutely free and others are not is certainly true. Becuase freedom is an open-ended concept, no person or group can ever be totally free. The point is to try to live our lives as a movement toward freedom, away from coercion, and as a process involving openness – i.e., choice. If we operate on that principle, we are living in the spirit of anarchy. Whenever we try through coercion, threat, or violence to force people to do things our way we are opposing the spirit of anarchy. Everything in opposition to the spirit of anarchy is anti-freedom.

Everything!

One of the most obvious ways that people abdicate their freedom – and consequently the freedom of others – is by empowering government. The more empowered a government is the more legitimate it seems. Any time the government is asked for anything, it is an infusion of power and legitimacy. From shelters for the homeless to medicare, from national defense to police and fire “protection” – the more we ask for and/or the more we take, the more we are empowering government. Empowering government is diametrically opposed to the spirit of anarchy. I try my very best to ask the government for nothing and to take as little as possible. When I do take something I try very hard to be aware that it has the stench of statism. Here are a few things that I haven’t done or supported because they empowered the government.

  1. I don’t vote.
  2. I don’t sign petitions asking the government for anything. (I do sign petitions demanding that they stop some things.)
  3. I oppose government “solutions,” even in areas where I agree with the goal because I don’t think government solves anything – although it often gives the illusion that something is being done. For example, I oppose the E.R.A., civil rights legislation, bottle bills, food stamps, socialized medicine and so forth. I oppose these things because they make the government look good while not really doing anything. For example, it gives the illusion that something is being done about racism and sexism while nothing really is. It makes people think that there is a quick fix to everything – simply pass a law and pollution, sexual harassment, job discrimination, etc. will end.
  4. In those places where I have power (whether I want it or not), I try to practice the spirit of anarchy by minimizing my role and giving others options. Two places where this frequently comes up is in my role as a parent and my role as a teacher. I try to always ask my sons or people in my classes to do things and give them the maximum amount of latitude for alternatives.
  5. Where I see problems, I try to support non-statist solutions to them. For example, I totally oppose the statist campaigns of Mothers Against Drunk Drivers – not because I favor drunk driving, but because it empowers the government. I oppose drunk driving by wholeheartedly supporting and endorsing safe ride programs. They are totally voluntary, non-statist, and they work.
  6. I try to support in every way I can, victims of statism and other forms of power and coercion. This includes support of prisoners, mental patients, the poor and homeless and other outsiders. I try to show this support in personal ways (e.g., moral support, friendship, letters) and through working at and helping financially activities that are non-statist (e.g., church soup kitchens).

In these and other ways, I try to practice anarchy. (After all, everything needs practice.) I do these things not because I think any of them are going to change the world, but because I think they are right. I try to be conscious of whether my actions are limiting, confining, and anti-freedom, or open, option-creating, and freedom-producing. Among other things, this allows me to be involved with non-anarchists and not live a life endlessly judging of others. What I try to keep before my mind is whether what I am doing is dedicated to the spirit of anarchy. That makes anarchy personal, subjective and living, instead of a dead set of facts that I go around trying to apply to other people or situations. It helps terrifically in minimizing the frustration that all anarchists feel as the result of living in a statist world.

Don’t misunderstand me. I think we should combat the State in every way we , as individuals, can – short of martyring ourselves. I think we should witness for anarchy. The best way to do that is to live as free as we can. To be an example of freedom. One of the very best times to witness for anarchy is when someone asks a question: Why don’t you vote? You mean you’re saying I can decide what to do? Why don’t you support the ERA – I thought you said you hated sexism? This is the way I witness my vegetarianism too – not by pointing fingers and calling meat-eaters murderers. I eat vegetarian food werever I go and sooner or later most people will ask me why. In nearly twenty years of being a vegetarian, many people I know have become vegetarians or near vegetarians – not because of me, but because of themselves. I also know a fair number of people who have become anarchists, or have radically changed their views about government. I think that trying to be a decent human being, emphasizing toleration and love, works far better than being a judgmental witch hunter and proclaimer of heresies. In addition to that, I think it fits into the spirit of anarchy much better. After all, there does seem to be something inconsistent about coercing people into being anarchists.

Weights and Measures: State or Market?


by Carl Watner
From Number 47 – December 1990

Introduction

Historically, the State has been largely responsible for coinage, and the systems of weights and measures by which the metallic content of coins has been determined, but there is no reason why these operations should not be in the hands of private enterprise. The purpose of this article is to call attention to the parallel between the advocacy of private money and the free market provision of weights and measures.

A Brief History of Weights and Measures

Before there was a State, primitive man perceived a need for measurements of length and weight. For objects which he could lift and handle, nature suggested the arm, the hand’s breadth, and the finger as units of measure, while the pace and the foot provided a ready means to measure distance. For small and delicate items, the earliest and most commonly available unit of weight was found in the form of the seeds of plants. The carat weight, used by jewelers and goldsmiths, was originally based on the weight of the carob seed of the near East, or the locust tree seed. In Central Europe, the dry grain of wheat was another natural weight, which gave its name to the standard unit of one grain.’ Although seed grains are all not equal, there is a reasonably constant uniformity among samples from the same locality and from the same harvest, which was sufficient to make the early grain’ standard widespread from Europe to China.

Apart from the metric system, nearly all of the customary standards of weights and measures used in the western world have evolved from the systems used by the empires of the Middle East. The Beqa Standard, usually associated with the weighing of gold and silver, has by far the longest history of any of the ancient standards. It was used in Egypt throughout 3000 years of dynastic rule, and was then adopted by the Greeks as their standard about 700 B.C. The Romans derived their weights for the silver denarius and the gold aureus from the Beqa Standard. The Arabic empire of the 7th Century A.D. used the Beqa Standard to weigh bulk gold, and ultimately it became the basis for the English troy weight system (which was transmitted to medieval Europe by way of the ancient Greek city of Troy, hence the name).

Since the mining and use of gold and silver were a jealously guarded prerogative of royalty in the ancient world, the provision of coins became a government monopoly. The coining monopoly necessitated government intervention in the definition and promulgation of weights and measures because of the integral connection between measuring gold and silver, and determining the standards by which they were to be measured. To enforce its monopoly in these areas, governments had to erect safeguards for the proper manufacture and use of weights and measures, and simultaneously provide for the prohibition of new standards, which might compete with it’s existing standards. The involvement of early governments in these areas is well exemplified by the ordinances found in medieval Germany. The accuracy of early German coinage left much to be desired: many were underweight, others overweight. In an effort to prevent people from discovering and melting down the overweight coins, the government outlawed the private ownership of scales.

There were numerous, other ways in which governments tampered with weights and measures. In the history of nearly every national unit of account, there can be found the story of chronic debasement, either in the form of reducing the weight or the purity of the metal in a given coin, without reducing its legal value. In other times and places, the State has redefined the content or standard of value of the monetary unit. The story of modern State control over currency and coinage may be summed up in the numerous hyperinflations of the Twentieth Century, in which the monetary systems of various countries have been totally destroyed. To say the least, the constitutional mandate of these sovereign nations—generally described as “to coin money, regulate the value thereof, … and fix the standard of weights and measures “—has demonstrated the total inability of coercive political power to ever accomplish these goals. While there is no guarantee that private enterprise would perform better over the long run, there is at least the assurance that if a private organization fraudulently altered its money or weight standards, other alternatives would be quickly offered by its competitors. The voluntary aspect of market competition in both weights and measures and monies most likely would insure us against the failure of a single coercive monopoly to honor its own laws and standards. In any case, it is hard to imagine private enterprise leaving a more sordid record than the State has left.

The Common Law of Weights and Measures

In any country, there must always be some commonly accepted standard(s) of weights and measures. The use of certain weights and measures, like the use of various kinds of money, originates with the people, in their economic transactions in the marketplace. There is no inherent reason why these common law standards must be legalized or sanctioned by the State; adoption by the government adds nothing to their efficacy. Unless the new system demonstrates an overriding superiority to the one in use, there seems little reason for people to give up the old standard. Indeed, if a new system of weights and measure requires legislation to bring it into use, it must be lacking the advantages which the users consider necessary to cause them to adopt it voluntarily.

The one system developed and promoted by governments, the metric system, has still not been commonly accepted in the United States. Instituted by the revolutionary government of France in 1791, the metric system was supported by compulsory legislation wherever its use became widespread. In the United States, the Metric System Act of 1866, “officially recognized the use of metric weights and measures in commercial transactions,” meaning that no contract or pleading in a government court was to be held invalid because the weights or measures expressed or referred to were metric. The Act also provided an official table of equivalents between metric and the customary units of measure. Despite the fact that there was never a similar Act of Congress authorizing the use of our customary systems of English weights and measures, those systems have always been recognized in government courts.

The duty of Congress or some private registry agency with respect to weights and measures is to define and preserve the standard, so that if some dispute arises, there is an independent, third-party verification of the weight or measure used. Lysander Spooner, a 19th Century constitutional lawyer, explained this purpose thusly,

Congress fixes the length of the yard-stick, in order that there may be some standard, known in law, with reference to which contracts may conveniently be made, (if the parties choose to refer to them,) and accurately enforced by course of justice when made. But there is no compulsion upon the people to use this standard in their ordinary dealings. If, for instance, two parties are dealing in cloth, they may, if they both assent to it, measure it by a cane or broom-handle, and the admeasurement is as legal as if made with a yard-stick. Or parties might measure grain in a basket, or wine in a bucket, or weigh sugar with a stone. Or they may buy and sell all these articles in bulk, without any admeasurement at all. All that is necessary to make such bargains legal, is that both parties should understandingly and voluntarily assent to them—and that there should be no fraud on the part of either party.

Spooner’s analysis also sheds light on the evolution of new units of measurement, and their legal and commercial use. For example, prior to the development of oil pipelines, oil was commonly moved in barrels, and transported by horse and wagon, or boat. The term barrel’ as we know it today, and as used by the OPEC countries, is a measure of 42 gallons of petroleum, that came into use only during the last 125 years. In the early 1860s, a barrel of oil usually meant a cask of oil, regardless of its size, for there were no standard-size casks in use. Variations in the oilman’s barrel persisted until at least 1872, when a producer’s agreement resulted in a fixed price for a 42 gallon barrel of oil. Today, it doesn’t matter if oil was ever shipped in 42 gallon barrels or not, since it is now moved by pipeline, oil tankers, and tank trucks. What is important to us, is that the custom still persists of buying and selling oil by the barrel. The oil pioneers did not (indeed they could not) wait for the government to proclaim a unit by which they should measure and sell the oil they discovered. Rather they adopted measurements from other liquids (the whiskey barrel of western Pennsylvania, where oil was first commercially exploited, was a 42 gallon container). Eventually there arose from the competition of various interests (the producers, transporters, and consumers of oil), the industry standard of a 42 gallon barrel. It did not originate in the halls of any legislature and needed no governmental sanction.

The history of the oilmen’s barrel is just one incident in the standardization of weights and measures in modern industrial America (there are many others). For example, the development of the electrical industry explains why product integration and standardization were needed. It also exemplifies the manner in which the free market operates. Light bulbs must screw into household sockets; electrical appliances must be supplied with the proper voltage. The United States electrical industry agreed on standards because it made economic sense, not because they were imposed by Congress.

Producers who do not wish to abide by the standards, or who wish to introduce new standards, are not prohibited from doing so; but neither is there any guarantee that their efforts will find consumer acceptance, which is the ultimate test of the market. Another example, much closer to home to the readers of this newsletter, involves the decimalization of the troy ounce, which was pioneered by Conrad Braun and Gold Standard Corporation. The troy ounce, by which gold has historically been traded in the modern world, is based upon twelve ounces, each of twenty pennyweight. Nevertheless, economists and gold advocates believed that gold gram coinage (rather than pennyweight coins) would be the most appropriate way of introducing gold coins to the public. After gold ownership became legal, several mints, including the South African government, tried to market gold coins of 5, 10, and 20 grams. These coins were not widely accepted by the public since it was difficult to readily calculate their worth. Gold Standard solved this problem by decimalizing the troy ounce, producing coins of 1/10, 1/5, 1/4, and 1/2 of an ounce, whose value could easily be determined in relation to the spot price of gold.

Conclusion: Compulsion or Voluntaryism?

Justice in weights and measures systems means the dominance of those systems which best fulfill the needs and desires of the consumers and users on the market. In the absence of coercion, fraud, and government intervention, those weights and measures systems which prevail are necessarily the most satisfactory (taking into account the past state of affairs). The advantage of market-oriented weights and measures is that they are responsive to changes in consumer needs and demands, as well as new technological developments. Compulsory government standards can only be changed by fiat and must often be imposed by force.

Like the rest of human knowledge, the science of weights and measures is ever-evolving. It has roots in the past, and there exists a capital investment in any given weights and measures system, riot only human inertia, but the financial stake in existing standards impedes the acceptance of new weight and measurement systems. Just as Gresham’s Law of Money points out that in the absence of government interference, the more efficient money will drive from circulation the less efficient money (if the individuals who handle money are left free to act in their own interest), so in the absence of government-mandated standards, the most naturally-suited systems of weights and measures will eventually drive the less naturally-suited out of use.

The national Bureau of Standards, the federal agency most responsible for weights and measures, is subject to the same criticisms that can be directed against all governmental operations. It is funded by taxation, so that people who do not desire its services are forced to pay for them anyway. The services it provides are not subject to the test of the market, therefore either their quality and/or price are not as good as those that could be provided by private enterprise. There are no services performed by the Bureau that could not be accomplished by private individuals operating in a free-market framework. The continuing research carried out by scientists at the Bureau may be necessary to the improvement of weights and measures systems and the mastery of metrology (the science of weights and measures). However, there is no reason why, if there is a market demand for such services, they would not be forthcoming from private research labs, each competing with the other to provide the best possible service at the lowest price. If the free market can provide better quality, price, and service in the area of money and banking, there is no reason why it cannot succeed in the realm of weight and measures.

Some FREE LIFE Sayings


by Auberon Herbert
From Number 45 – August 1990

[The Free Life was an English journal edited by Auberon Herbert from the late 1880’s till the early 1900’s. This excerpt is from the issue of May, 1893.]

Free Life has scanty reverence for Crowns, Governments, official departments, Members of Parliament, County councillors, Party caucuses, or nose-led majorities; it exposes the ridiculous attempt to represent 50,000 different persons by one person on all the great subjects of life; hates the untruthful bribing politician; hates the traffic in votes; hates the Party fight; hates officialism, without hating officials; hates State-made piety of any kind; hates State socialism, land nationalization, unearned-increment superstitions, land courts, State-dictated contracts, and all other unhealthy inventions of the State-worshiping brain; would allow Free Trade, free enterprise, free initiative, free arrangement to develop in every direction; hates the damnable practice of voting property out of one set of pockets into another set of pockets, because it corrupts the public sense of what is fair to each other, because it teaches the hypocritical doctrine that it is wrong to bludgeon and rob your neighbor on the highroad, but right to knock him down with majority-vote, and pillage him by Act of Parliament, because it magnifies the office and exalts the horn of the politician, – who should be reduced to the lowest point of insignificance, – because it supplies that worthy gentlemen with exactly what he wants most, a bribery-fund to secure reputation, place, aand power for himself, because it makes Parliament into a little god, inflated with conceit and believing itself supreme over all persons and all things, and because it creates the most hopeless confusion as regards the exertions by which the industrious have to gain competence and wealth. Free Life resolutely defends private property, as inseperably connected with liberty or self-ownership (since the free self, its free exercise of faculties, its freedom to acquire, to produce, to exchange, in the open markets of the world, form one inviolable whole), and as far more productive of happiness and contentment than those sham forms of property, which being placed under a State lock and key, are subject to no real control or enjoyment on the part of the individual. Free Life believes that only in Liberty – Liberty in thinking, acting, acquiring, and enjoyment – is salvation to be found; and labours to help forward a future, in which men and women, unspoilt by nursery government, erect and self-confident, bowing the knee neither to power nor fashion nor tradition, accustomed to use their own senses instead of the senses either of the crowd or of the politicians, minding their own business, finding their own happiness, after their own liking, making their mistakes and learning from them, ready to co-operate in friendly temper with each other because uncoerced, and able to submit themselves voluntarily – whenever needful – to discipline, shall agree to reject compulsion in every form equally for themselves and for all others. …

It is in no selfish spirit that Free Life preaches Voluntaryism. It wishes no individual to wrap himself up in his own special interests; it wishes no part of the nation to retreat from any true duties which fall upon it, either within or without the borders of this country. But it denies that any good or lasting work can be built upon the compulsion of others, be they rich or poor; it denies that either by those who compel or from those who are compelled, can the peaceful and happy society of the future be built. It invites all men to abandon the barren problems of force, and to give themselves up to the happy problems of liberty and friendly co-operation; to join in thinking out – whilst first and foremost we give to the individual those full rights over himself and over whatever is his, without which all effort is vain – how we can best carry on a common life, and manage public property; how we can best assist each other in the perfection of education, in the spreading of sanitary knowledge, in improving the conditions of labour, in attacking poverty, in purifying and beautifying the life of our towns, in organizing voluntary defence, in helping distant communities that are related to us or partly dependent on us; how we can do all these things, – without at any point touching with the least of our fingers the hateful instrument of an aggressive and unjustifiable compulsion.

Freer is Safer


by John Semmens
From Number 42 – February 1990

One of the most common delusions of our age is that government is enforcing regulations that will actually help improve safety. In the wave of deregulation that hit the economy in the last decade, many obsevers have found comfort in the knowledge that safety was not one of the components in the loosening of government controls. Oversight of safety was routinely retained as a responsibility of the public sector.

Why anyone would place such confidence in government for the promotion of safety has always been a mystery to me. Granted, the protection of the public’s safety has historically been a primal justification for the existence of government. But why should we expect government to be better at this job than it has been at the multitude of other tasks it habitually bungles? Let’s face it, bureaucracy and quality workmanship are far from synonmous.

The only logical explaination for the great trust in public sector regulation of safety must be that it is an unexamined article of faith. Examining this faith is the major purpose of Professor Aaron Wildavsky’s recently published book: Searching For Safety (New Brunswick: Transaction Books, 1998). The concept of outlawing hazards via legislative or administrative means is premised on the belief that we know what is safe and what is not. What if we don’t know?

The idea that we may not know what is safe may strike may people as ludicrous. Surely, we can identify hazards like motor vehicle collisions, toxic chemicals, dangerous workplaces, and the like. However, identifying hazards is only part of the answer. If we are to deal with them, it is even more critical that we know whether they can be prevented and at what cost. For example, we could prevent traffic victims by prohibiting motion. Obviously, imposing total immobility would be too costly a remedy. At what point between complete immobility and runaway breakneck speed do we attain an optimal balance between safety and utility?

The very real question of costs cannot be dodged by the all-too-common cliche “that as long as one life is saved, it’s worth it.” The costs incurred by a specific safety measure consume resources that could have been used for other, perhaps more cost-effective, safety-enhancing measures. One effective means for improving safety is to promote economic growth. Greater material wealth is a direct path to better health. If wealthier is healthier, then the diversion of scarce resources to relatively inefficient attempts at imposing safety will actually end up costing rather than saving lives.

The contemporary political environment has fostered a patholigical obsession with risk aversion. The rules aimed at “erring on the side of safety” are impeding the technological and economic progress that have been the key to increasing human longevity. Fear of the unknown results in cumbersome restraints on research and experimentation.

Venturing, experimenting, and risking are all activities ill-suited to the public sector. As the role of the public sector expands, there is apt to be less “venturing” and more “controlling.” The gains that could be made through progress will be retarded or foregone entirely. Human beings will be less safe than they otherwise could have been.

Not suprisingly, it turns out, once again, that the free market appears most conducive to human health and well-being. The decentralized decision-making characteristic of private enterprise means varied ventures will embark upon divergent paths. Many of these ventures, of course, will fail. Others will learn from these mistakes. Knowledge, the foundation of progress, will be produced. By the increments of may trials, the errors will be sorted out from the successes. Thus, the diversification inherent in the market approach to problem-solving has the effect of reducing the aggregate risk to society.

In the long-run, results weigh heavily in favor of the marketplace. Open, market-oriented enviroments produce longer-lived and healthier individuals. The search for safety brings us back to the enduring truth that freedom works.

Freedom Works Both Ways


by Dean Russell
From Number 38 – June 1989

Everybody says he’s in favor of freedom. Even the Soviet leaders claim to be fighting for freedom. So did Hitler. Our own leaders are also for freedom. So was my slave-owning grandfather.

But my grandfather failed to understand the fact that freedom is a mutual relationship; that it works both ways. He thought that he himself remained completely free even though he restricted the freedom of others. He never grasped the obvious fact that his participation in slavery controlled him and his actions just as it controlled his slaves and their actions. Both my grandfather and his slaves would have been richer – materially as well as spiritually – if he had freed his slaves, offered them the competitive market wage for their services, and left them totally responsible for their own actions and welfare. But like most of us today, he continues to believe that some persons – without injury to themselves – can legally force other persons to conform to their wishes and plans. He learned the hard way.

Hitler and Stalin were also victims of the systems they created and enforced. Their “food tasters,” bullet-proof cars, personal bodyguards and constant fears of assassination were the visible evidence of a part of the freedom they lost when they decided to force peaceful persons to conform to their wills and viewpoints. Knowingly or unknowingly, they lost a great deal of their own freedom when they deprived others of their freedom. That’s the way it always works.

Apparently, our own political leaders, regardless of party are also unaware that freedom is a mutual relationship among persons; that it works both ways. Like my grandfather, they are under the delusion that freedom is something which one person can take from another with no effect on the freedom of the person doing the taking – especially if it’s legal. If they thought otherwise, they would stop most of the things they are now doing. In the good name of freedom, our leaders now force others to conform to their viewpoints and prejudices on housing, savings and retirement, military service, electricity production, hours of work, wages, education and a host of other items which form the major part of every person’s daily life. All of these are restrictions against freedom because they are enforced against peaceful persons who would not participate voluntarily. The freedom of the American people – like the freedom of legal slaves – is lost to whatever extent they are forced to conform to the ideas, whims and viewpoints of others. That is all that slavery is. And the fact that the current restrictions and compulsions are legal doesn’t deny that they are acts against freedom; the slavery of 1860 was also legal!

As long as our officials continue to deprive peaceful persons of their right to use their time and earnings as they please, the officials will continue to lose a part of their own freedom along with the rest of us. As long as they continue to believe that freedom permits or obligates them to force their ideas upon peaceful persons who do not wish to participate, the system they have created enslaves them also. They obviously don’t understand it, but they are somewhat like the man sitting on the chest of a person he has pinioned to the ground; as long as he sits there, he restricts his own freedom about as much as he restricts the freedom of his victim.

The officials who endorse and defend this system of legalized compulsions and prohibitions against peaceful persons are compelled to spend most of their time discussing ways and means – such as propaganda, secrecy, guile, deceit, laws, policemen, courts, jails, fines and so on – to force the rest of us to conform to their ideas and plans which we would reject if we were permitted a real choice in the matter. As long as they continue to enforce this mutually degrading process, they restrict and destroy the potentialities they have within themselves for advancement toward human understanding and some worthwhile ideal or goal. Sooner or later, the restrictions and compulsions they enforce against others will culminate in some type of an upheaval by an aroused and angry society which the officials can no longer control. Acts against human freedom – legal or illegal – have always worked that way. The fact that the intentions of most of our officials are so good only makes it sadder.

Some day we may realize that freedom is a relationship of mutual nonmolestation among persons wherein no person uses violence or the threat of violence to impose his will or viewpoint upon any other person. When enough of us understand this idea, we will begin to enjoy as much peace and prosperity as it is possible for us to have on earth.

[This article first appeared as an editorial in The Freeman February 1955, pp. 291-292. It is reprinted here with some modification to its last paragraph.]

Does Freedom Need to Be Organized?


by Carl Watner
From Number 34 – October 1988

In a recent book review* of John Henry Mackay’s The Freedom Seeker, Murray Rothbard noted that the author became more “passive or quietist” in his strategy over the years. This quietism, Rothbard observed

is, I believe, a blind alley for anarchists or libertarians. If individuals wish to improve or redeem themselves, they should, so to speak, do so on their own time, and not bother the rest of us. Trying to achieve social goals, such as total freedom and private property, by this route is a task for Sisyphus. It gets nowhere. Attaining a free society, like any other goal, requires organization. Anarchists must organize themselves to spread the message and to work toward their goals in the real social world. Contact must be made with the masses of fellow-citizens, and alliances made on the basis of issues of common agreement with those who have not achieved the full libertarian position, but are willing to collaborate on more specific goals. In short, it is incumbent on individual anarchists to leave their self-imposed sectarian holes and to forge out into the real world. They should seek to move the world consciously and as rapidly as possible, toward their cherished goals.

While Rothbard’s comments are offered as an aside, voluntaryists must challenge Rothbard on his continued insistence that we “organize.” Even without clear definitions of “quietism” or “organization,” let us note Rothbard’s deprecation of self-education and self-improvement. The Voluntaryist has consistently maintained that such virtues are the prerequisites to the achievement of spiritual freedom and physical liberty. Effective and long-lasting improvement in human affairs must begin with the individual. Reform begins with the individual because society is never better or worse than the persons who compose it, for they in fact are it. As Frank Chodorov once put it,

The only ‘constructive’ idea that I can in all conscience advance, then, is that the individual put his trust in himself, not in power; that he seek to better his understanding and lift his values to a higher and still higher levels; that he assume responsibility for his behavior and not shift his responsibility to committees, organizations, and, above all, a superpersonal state. Such reforms as are necessary will come of themselves when, or if, men act as intelligent and responsible human beings. There cannot be a ‘good’ society until there are ‘good men.’ (emphasis added) (ANALYSIS, July 1949.)

Bob LeFevre attributed to Rose Wilder Lane the saying that “freedom is self-control.” By this she meant that each person must learn to control his or her self so as to not interfere with the physical liberty of others. Freedom for all thus becomes a by-product or derivative of self-control. As each person assumes true self-government, there no longer is any need for any attempt at external governing. As LeFevre wrote in his article on “The Stoic Virtues,” “if individual men can be made right, society, a mere gathering of men, will be right of necessity.” Thus, the voluntaryist way of changing society is to concentrate upon bettering the character of men and women, as individuals. We refer to this as the,”quiet” or “patient” way since it focuses on the individual units of our social structure. As the individual units change, the improvement of the structure will take care of itself. Or as we have constantly observed, “If one takes care of the means, the end will take care of itself.”

The problem that we face is not really how to get rid of the State, but rather the longer range one of how to prevent another one from taking its place. That is why we must encourage individuals to seek self-enlightenment. There can be no backlash from this approach. It requires patience because the feedback loop, in ideological endeavors is a long one. We are not pointing toward a specific goal to be reached, but rather voluntaryism, with its emphasis on means, is simply pointing toward a direction to be taken. Whatever progress we make is to be measured by education and character building, not violence or votes. This is the only way that what tiny progress we may make will be permanent and not have to be done all over again by those who come later.

Rothbard’s insistence on “organizing” should also be criticized on the grounds that most organizations suffer from an inner contradiction or internal inconsistency. Generally, “when we create a structure to achieve a public mission, more time is spent on the structure than on the mission.” Although Sam Steiger, the Arizona politician familiar to some libertarians, made this observation, others have noted this same tendency. For example, historian Carroll Quigley in his book, The Evolution of Civilizations, describes the practice of “every social organization to become a vested-interest institution more concerned with its efforts to maintain itself or advance its own interests than to achieve the purpose that society expects it to achieve.” (p. 34) As evidence, he mentions fraternities (originally intended to promote student fellowship, but often dividing students into competitive cliques), and the institutionalization of football (originally intended to provide exercise for undergraduates, but which is now one of the great spectator sports). In each case the organization begins with a devotion to a purpose and somehow along the way turns away from that purpose and gradually becomes a collection of special interests. Surely libertarians are not immune from this tendency!

Rose Wilder Lane, in her correspondence with Jasper Crane in The Lady and the Tycoon, pointed out that people in organizations “tend to work for the existence and the expansion of the organization rather than for the organization’s ‘purposes’.” Non-profit libertarian organizations received some of her harshest criticisms. First of all she noted the inconsistency of advocating free enterprise while operating on a not-for profit basis. At least the profit motive offers an organization a measurable goal. The emphasis is upon achievement (building a certain number of cars, etc.). According to Mrs. Lane, groups of persons who possess money, unrelated to the profit and loss picture, may have a certain type of power, but they also become impotent to achieve their goals. Many of the major changes in history have been brought about by the “poor and powerless;” people who act “not for money, not for power, but ‘from’ a conviction of truth so strong that it compels them to action.” In defense of her thesis she cited both the Moslem conquest of the then “civilized” world in the 8th and 9th Centuries and the American revolution of the 18th Century. Both, in her opinion, were brought about by individuals who acted on their beliefs, rather than by people who formed organizations to spend money for intangible purposes. Mrs. Lane concluded that “it isn’t money that moves the world; it is faith, conviction, ardor, fanaticism in ‘action’.”

It is human action that creates human history; and human action comes from individual belief, purpose, will. None of these can be bought. It is the individual’s belief, purpose, will that’s needed. Not an organization, a suitable staff, transportation, printing presses, expert public relations men, etc., etc., etc. IF the belief and purpose exist, in time they will succeed. ‘An army of principles will march on the horizon of the world, and it will conquer.’ If they do not exist, no funds, organization, staff, etc., etc., etc., will do anything at all – but waste the money.

A journey of a thousand miles begins with a single step, just as changing society must begin with each one of us. This is a very slow process, one with which we must not become impatient. We must be satisfied with concentrating on mastering our own self-control and with explaining to others why they should govern themselves. The truths of the world – if they are truly truth – do not, never have, and never will require an organization to support and promulgate them. Freedom does not need to be organized.
* “A Review” by Murray N. Rothbard in The Storm, No. 16-17, 1986-1987. Available for $5 from:
The MacKay Society, Box 131, Ansonia Station, New York, New York 10023.

Make Money, Not War!


by Lorne Strider
From Number 32 – June 1988

I have argued that business people, those who create and produce wealth, are acting morally, and that people who pretend to act in the public interest, i.e., government people, are the bad guys whose actions not only create no wealth, but actually destroy wealth that others have created.

This argument is based upon the obvious fact that business people are producing a product or service that other people want, where government people produce nothing of any value to anyone, and worse, rob and control those who do produce products and services, thereby diminishing everyone’s standard of living.

Kings, queens, presidents, governors, senators, supervisors, tax collectors, dog catchers, zoning administrators, building inspectors, poultry inspectors and thousands of others are all non-producers who live off the labors of honest producers.

The producers want to satisfy consumers and the non-producers want to limit, regulate and destroy what consumers need. In this sense, the producers and the non-producers are in a state of war. Only there are no shots fired because government has all the guns and makes all the rules.

If the capitalists win, the world will fill with eager entrepreneurs tripping over each other trying to serve you and me. If the politicians win there will be no future for anyone save that of servitude, of taxation and war, of shortages and misery.

What Is Our Plan?


At a recent one day seminar at Freedom Country, the question was asked: “What can a person do to make this world a better place?” Mo single answer was articulated, but two different conceptual approaches were apparent. The responses of the participants could be categorized according to whether or not they believed

a. a better society depends on better individuals
or
b. better individuals cannot be raised until we have a better society (where, for example, educational services are improved, child abuse no longer exists, etc.).

In other words, which comes first – the chicken or the egg? Better individuals or the better society?

Nineteenth century reformers, especially the non-resistants and abolitionists, grappled with this problem. How were they to advocate the abolition of slavery? Should they wait for Congress to abolish slavery or should they try to eliminate the vestiges of slavery from their daily lives? Should they be immediatists or gradualists? Should they use legislative means or moral suasion? Should they vote or hold office or should they denounce the U.S. Constitution as a tool of the slaveholders?

Those nineteenth century thinkers whom I would label voluntaryist (such as Henry David Thoreau, Charles Lane, William Lloyd Garrison, Henry Clarke Wright, and Edmund Quincy in pre-Civil War days, and Nathaniel Peabody Rogers) all believed that a better society only came about as the individuals within society improved themselves. They had no plan, other than a supreme faith that if one improved the components of society, societal improvement would come about automatically. As Charles Lane once put it, “Our reforms must begin within ourselves.” Better men must be made to constitute society. For “society taken at large is never better or worse than the persons who compose it, for they in fact are it.” The Garrisonians, for example, were opposed to involvement in politics (whether it be office-holding or participating in political parties) because they did not want to sanction a government which permitted slavery. Their opposition to participation in government also stemmed from their concern with how slavery was to be abolished. To Garrison’s way of thinking it was as bad to work for the abolition of slavery in the wrong way as it was to work openly for an evil cause. The end could not justify the means. The antielectoral abolitionists never voted, even if they could have freed all the slaves by the electoral process. Garrison’s field of action was that of moral suasion and not political action. He thought that men must first be convinced of the moral righteousness of the antislavery cause. Otherwise it would be impossible to change their opinions, even by the use of political force.

Given this approach, it seemed that the anti-electoral abolitionists had no real strategy. In rebutting this criticism, Nathaniel Peabody Rogers, in a September 6, 1844 editorial in the HERALD OF FREEDOM, spelled out his answer to the question: “What is your Plan?”

(T)o be without a plan is the true genius and glory of the anti-slavery enterprise. The mission of that movement is to preach eternal truths, and to bear an everlasting testimony against the giant falsehoods which bewitch and enslave the land. It is no part of its business to map out its minutest course in all time to come, – to furnish a model for all the machinery that will ever be set in motion by the principle it is involving. The plan and the machinery will be easily developed and provided, as soon as the principle is sufficiently aroused in men’s hearts to demand the relief of action.

What is the course of action these abolitionists have pursued? How have they addressed themselves to their mighty work? …They were not deterred by finding themselves alone facing a furious and innumerable host of enemies. They felt that the Right was on their side, and they went forward in the calm certainty of a final victory. They began, and as far as they have remained faithful, they continue to perform their mission by doing the duty that lieth nearest to them.” They soon discovered that Slavery is not a thing a thousand miles removed, but that it is intertwined with all the political, religious, social and commercial relations in the country. …In obedience to the highest philosophy, though perhaps not knowing it to be such, they proceeded to discharge their own personal duties in this regard-to bear an emphatic and uncompromising testimony against Slavery, and to free their own souls from all participation in its blood-guiltness. They laid no far-reaching plans,…but obeyed that wisdom which told them that to do righteousness is the highest policy, and that to pursue such a straight-forward course would bring them soonest to the desired goal. Their question was not so much how shall we abolish Slavery? as, how shall we best discharge our duty?

Edmund Quincy in a February 24, 1841 editorial by the same title, in THE NON-RESISTANT, pointed out that social institutions are but the projection or external manifestation of the ideas and attitudes existing in people’s minds. Change the ideas, and the institutions instantly undergo a corresponding change. In words reminiscent of Bob LeFevre’s emphasis on self-control, Quincy went on to write, that

There is a sense in which the kingdoms of the world are within us. All power, authority, consent, come from the invisible world of the mind. External revolutions, accomplished by fighting, have in general affected little but a change of masters… .

We would try to bring about a mightier revolution by persuading men to be satisfied to govern themselves according to the divine laws of their natures, and to renounce the (attempt to govern others) by laws of their own devising. Whenever men shall have received these truths into sincere hearts, and set about the business of governing themselves, and cease to trouble themselves about governing others, then whatever is vicious and false in the existing institution will disappear, and its place be supplied by what is good and true.

We do not hold ourselves obliged to abandon the promulgation of what we believe to be truths because we cannot exactly foretell how the revolution which they are to work, will go on, or what will be the precise form of the new state which they bring about. …A reformer can have no plan but faith in his principles. He cannot foresee wither they will lead him but he knows that they can never lead him astray. A plan implies limitations and confinement. Truth is illimitable and diffusive. We only know that Truth is a sure guide, and will take care of us and of herself, if we will but follow her.

THE VOLUNTARYIST essentially upholds the same ideas as these nineteenth century thinkers. We advocate moral action, rather than politics and elections because moral suasion lays the axe at the root of the tree. We believe that moral action alone is sufficient to nullify State legislation. Legislation is not needed to abolish other legislation. Harmful and unjust political laws should simply be ignored and disobeyed. We do not need to use the State to abolish the State, any more than we need to embrace war to fight for peace. Such methodology is self-contradictory, self-defeating, and inconsistent.

Difficult as it is to totally divorce ourselves from the State, each of us must draw the line for him or herself as to how and to what extent we will deal with statism, whether it be driving on government roads, paying federal income taxes, using government “funny’ money, or the post office. Several things are imperative, though. We must support ourselves on the free market, never taking up government employment. We must also remain uninvolved in politics, refusing to vote or run for public office. We must never accept a government handout or government funds (even when justified on the pretext that the money was stolen from you or that you were forced to contribute to a government program. No one is forcing you to accept money which the government has stolen.)

In short, what we are advocating is that every one take care of him or herself and care for the members of his or her family, when they need help. If this were done, there would be no justification for any statist legislation. Competent individuals and strong families, particularly the three generation living unit, are some of the strongest bulwarks against the State. (And it should be remembered that families need not be limited by blood lines. Love, which brings outsiders into the family, is often more important than blood ties.)

If people would only realize that it is the individual and only the individual that directs the use and control of human energy, the world would change as individuals change themselves. The chart which we display here is described by PREVENTION magazine (April 1987) as a prescription for regenerative living. Change starts with you and me! This means good family, friends, healthy living habits, lifelong learning, and rewarding and satisfying work; which in turn lead to good neighbors, a good community, a thriving economy, and a natural environment. That pretty much sums it up. What is our plan? – a better world begins with a better you!

What We Are For? – What Do We Believe?


Past editorials and articles have made it clear that THE VOLUNTARY1ST is unique in that it is the only regularly published libertarian publication to advocate non-State, pro-free market attitudes coupled with an anti-electoral stance and a predilection for nonviolent means. In fact, we could probably argue that THE VOLUNTARYIST is the only journal in the world that consistently upholds individualist anarchism (by which we mean self-government), rejection of electoral politics, and the advocacy of non-violent means to achieve social change. This after all is what we signify when we use the term ‘voluntaryist’.

THE VOLUNTARYIST is seldom, if ever, concerned with personalities; but we are concerned with ideas. Our interest is in the enduring aspects of libertarianism. Among these ideas we would include the concept that taxation is theft; that the State is an inherently invasive institution, a coercive monopoly, that war is the health of the State; that power corrupts (especially State power); that there is no service demanded on the free market that cannot be provided by market methods; and that the delineation and implementation of property rights are the solution to many of our social and economic ills. nor to be overlooked is our insistence on the congruence of means and ends; that it is means which determine ends, and not the end which justifies the means.

Voluntaryist thinking forms a link in the chain of ideas started many centuries ago. We have reviewed some of the significant sources of radical libertarian thought in Issue 25. Our roots are to be found in antiquity, when moral thinkers realized that character building, the building of morally strong individuals, was the essential basis of human happiness – as well as the prerequisite of a better society. Self-responsibility was inextricably linked to self-control. The ideas of personal integrity, honesty, productive work, fulfillment of one’s promises and the practice of non-retaliation set the stage for social harmony and abundance, wherever and whenever these two attributes of social life were to surface in the world’s civilizations.

These ideas helped set the stage for the voluntaryist outlook on means and ends. A person could never use evil means to attain good ends. For one thing, such an attempt would never work. It would be impractical and self-defeating. For another thing, it would be inconsistent with personal integrity. A person would not resort to lying and cheating, for example, even if he or she mistakenly thought such base means could result in good ends. Evil means, like these, would always be rejected by an honest person.

Impure means must lead to an impure end since means always come before ends. The means are at hand, closest to us. They dictate what road we shall set out on and thus eventually determine our destination. Different means must inevitably lead to different destinations for the simple reason that they lead us down different paths. Thus it is that voluntaryists reject electoral politics as well as revolutionary violence, neither of these methods could ever approximate voluntaryist goals – the ideal of a society of free individuals, nor do either bring about a change or improvement in the moral tone of the people who comprise it.

Voluntaryists have a clear understanding of the nature of power – what we have labelled “the voluntaryist insight.’ We know that the State, like all human institutions, depends on the consent and cooperation of its participants. We also know that we are self-controlling individuals, with ultimate responsibility for what we do. We cannot be compelled to do anything against our will, though we may suffer the consequences for a refusal to obey the State or any other gangster who holds a gun at us. The State may do what it pleases with our bodies, but it cannot force us to change our ideas. We may lose our liberty behind jail bars (liberty being the absence of coercion or physical restraints), but we cannot lose our freedom (freedom being the inner spirit or conscience) unless we give it up ourselves.

Voluntaryism offers a moral and practical way for advancing the cause of freedom. It rests on a belief in the efficacy of the free market and on a historic and philosophic antagonism to the State. It rests on an understanding of the inter-relatedness of means and ends, and on a belief that “if one takes care of the means, the end will take care of itself.” We are pro-free market, anti-State, nonviolent, and anti-electoral. This, in a few short phrases, is what we are for; what we believe.

What Is Political “Extremism”?


by Laird Wilcox
From Issue 27 – Aug. 1987

Roger Scruton, in the Dictionary Of Political Thought (Hill & Wang, New York, 1982) defines “extremism” as:

“A vague term, which can mean: 1. Taking a political idea to its limits, regardless of ‘unfortunate’ repercussions, impracticalities, arguments and feelings to the contrary, and with the intention not only to confront, but also to eliminate opposition. 2. Intolerance towards all views other than one’s own. 3. Adoption of means to political ends which show disregard for the life, liberty, and human rights of others.”

This is a very fair definition and it reflects my experience that “extremism” is essentially more an issue of style than of content. In the twenty-five years that I have been investigating political groups of the left and right, I have found that many people can hold very radical or unorthodox political views and still present them in a reasonable, rational and non-dogmatic manner. On the other hand, I have met people whose views were shrill, uncompromising and distinctly authoritarian. The latter demonstrated a starkly extremist mentality while the former demonstrated only ideological unorthodoxy, which is hardly to be feared in a free society such as our own.

I don’t mean to imply that content is entirely irrelevant. People who tend to adopt the extremist style most often champion causes and adopt ideologies that are essentially “fringe” positions on the political spectrum. Advocacy of “fringe” positions, however, gives our society the variety and vitality it needs to function as an open democracy, to discuss and debate all aspects of an issue and to deal with problems we may otherwise have a tendency to ignore. I think this is the proper role of radical movements, left and right, in our system. The extremist style is another issue altogether, however, in that it seriously hampers our understanding of important issues, it muddies the waters of discourse with invective, fanaticism and hatred, and it impairs our ability to make intelligent, well-informed choices.

Another, perhaps more popular, definition of “extremism” is that it represents points of view we strongly disagree with, advocated by someone we dislike whose interests are contrary to our own!

Political ideologues often attempt definitions of extremism which specifically condemn the views of their opponents and critics while leaving their own relatively untouched, or which are otherwise biased toward certain views but not others. To be fair, a definition must be equally applicable across the entire political spectrum.

In point of fact, the terms “extremist” and “extremism” are often used thoughtlessly an epithets, “devilwords” to curse or condemn opponents and critics with! I find, however, that the extremist style is not the monopoly of any sector of the political spectrum. It is just as common on the “left” as it is on the “right,” and sometimes it shows up in the political “center” as well!

In analyzing the rhetoric and literature of several hundred “fringe” and militant “special interest” groups I have identified several specific traits that tend to represent the extremist style. I would like to caution you with the admonition, however, that we are all fallible and anyone, without bad intentions, may resort to some of these devices from time to time. But with bonafide extremists these lapses are not occasional and the following traits are an habitual and established part of their repertoire. The late Robert Kennedy, in The Pursuit Of Justice (1964), said; “What is objectionable, what is dangerous about extremists is not that they are extreme, but that they are intolerant. The evil is not what they say about their cause, but what they say about their opponents.”

1. Character Assassination.

Extremists often attack the character of an opponent or critic rather than deal with the facts and issues that he raises or debate the points of his arguments. They will question his motives, qualifications, past associations, values, personality, mental health and so on as a diversion from the issues under consideration.

2. Name Calling And Labeling.

Extremists are quick to resort to epithets (racist, subversive, pervert, hatemonger, nut, crackpot, degenerate, Un-American, Anti-Semite, Red, Commie, Nazi, Kook, etc.) to label and condemn an opponent in order to divert attention from his arguments and to discourage other from hearing him out.

3. Irresponsible Sweeping Generalizations.

Extremists tend to make sweeping claims or judgments on little or no evidence, and they have a tendency to confuse similarity with sameness. That is, they assume that because two (or more) things are alike in some respects they must be alike in all or most respects! Analogy is a treacherous form of logic and its potential for distortion and false conclusions even when the premises are basically correct is enormous.

4. Inadequate Proof For Assertions.

Extremists tend to be very fuzzy on what constitutes proof for their assertions. They also tend to get caught up in logical fallacies, such as post hoc ergo propter hoc (assuming that a prior event explains a subsequent occurrence simply because of their “before” and “after” relationship). They tend to project “wished for” conclusions and to exaggerate the significance of information which confirms their prejudices and to derogate or ignore information which contradicts them.

5. Advocacy Of Double Standards.

Extremists tend to judge themselves in terms of their intentions, which they tend to view generously, and others by their acts, which they tend to view very critically. They would like you to accept their assertions on faith but they demand proof for yours. They also tend to engage in “special pleading” on behalf of their group, because of some special status, past persecution or present disadvantage.

6. Extremists Tend To View Their Opponents And Critics As Essentially Evil.

Their enemies hold opposing views because they are bad people, immoral, dishonest, unscrupulous, mean-spirited, cruel, etc., and not merely because they simply disagree, see the matter differently, have competing interests of are perhaps even mistaken!

7. Extremists Tend To Have A Manichean Worldview.

That is, they tend to see the world in terms of absolutes of good and evil, for them or against them, with no middle ground or intermediate positions. All issues are ultimately moral issues of right and wrong. Their slogan tends to be “he who is not with me, is against me!”

8. Extremists Very Often Advocate Some Degree Of Censorship And Repression Of Their Opponents And Critics.

This may range from an active campaign to keep them from media access and a public hearing, as in the case of blacklisting, banning, or “quarantining” dissident spokesmen, or actually lobbying for repressive legislation against speaking, teaching or instructing the “forbidden” information. They may attempt to keep certain books out of stores or off of library shelves or card catalogs, discourage advertising with threats of reprisals, keep spokesmen for offending views off the airwaves, or certain columnists out of newspapers. In each instance the goal is some kind of information control. Extremists would prefer that you only listen to them.

9. Extremists Tend To Identify Themselves In Terms Of Who Their Enemies Are,

who they hate and who hates them! Accordingly, they often become emotionally bound to their enemies, who are often competing extremists on the opposite pole of the ideological spectrum. They tend to emulate their enemies in certain respects, adopting the same style and tactics to a certain degree. Even “anti-extremist” groups often exhibit extremist behavior in this regard!

10. Extremists Are Given To Arguments By Intimidation.

That is, they frame their arguments in such a way as to intimidate others into accepting their premises and conclusions. To disagree with them, they imply, is to ally oneself with the devil or give aid and comfort to the “bad guys.” This ploy allows them to define the parameters of debate, cut off troublesome lines of argument, and keep their opponents on the defensive.

11. Wide Use Of Slogans, Buzzwords And Thought-Stopping Cliches.

For many extremists simple slogans substitute for more complex abstractions in spite of a high level of intelligence. Shortcuts in thinking and reasoning matters out seems to be necessary in order to appease their prejudices and to avoid troublesome facts and counter-arguments.

12. Doomsday Thinking.

Extremists often predict dire or catastrophic consequences from a situation or from failure to follow a specific course, and they exhibit a kind of “crisis-mindedness.” It can be a Communist takeover, a Nazi revival, nuclear war, currency collapse, worldwide famine, drought, earthquakes, floods or the wrath of God. Whatever it is, it’s just around the corner unless we follow their program and listen to their special insights or the wisdom that only the enlightened have access to!

13. Extremists Often Claim Some Kind Of Moral Or Other Superiority Over Others.

Most obvious are claims of general racial superiority — a master race, for example. Less obvious are claims of ennoblement because of alleged victimhood, a special relationship with God, membership in a special “elite” or revolutionary vanguard. They also take great offense when one is “insensitive” enough to dispute these claims or challenge their authority.

14. Extremists Tend To Believe That It’s OK To Do Bad Things In The Service Of A “Good” Cause.

They may deliberately lie, distort, misquote, slander or libel their opponents and critics, or advocate censorship or repression in “special cases” involving their enemies. This is done with no remorse as long as it’s useful in defeating the Commies or Fascists (or whoever). Defeating an “enemy” becomes an all-encompassing goal to which other values are subordinate. With extremists, the ends often justify the means.

15. Extremists Tend To Place Great Value On Emotional Responses.

They have a reverence for propaganda, which they may call education or consciousness-raising. Consequently, they tend to drape themselves and their cause in a flag of patriotism, a banner of righteousness or a shroud of victimhood. Their crusades against “enemies” may invoke images of the swastika, the hammer and sickle or some other symbol, as the case may be. In each instance the symbol represents an extremely odious concept in terms of their ideological premises. This ploy attempts to invoke an uncritical gut-level sympathy and acceptance of their position which discourages examination of their premises or the conclusions which they claim necessarily derive from them.

16. Some Extremists, Particularly Those Involved In “Cults” Or

religious movements such as fundamental evangelical Christians, Zionists, members of the numerous new age groups and followers of certain “gurus,” claim some kind of supernatural, mystical or divinely-inspired rationale for their beliefs and actions. Their willingness to force their will on others, censor and silence opponents and critics, and in some cases actively persecute certain groups, is ordained by God! This is surprisingly effective because many people, when confronted by this kind of claim, are reluctant to challenge it because it represents “religious belief” or because of the sacred cow status of some religions. Extremists traits tend to have three things in common:

  1. The represent some attempt to distort reality for themselves and others.
  2. They try to discourage critical examination of their beliefs, either by false logic, rhetorical trickery or some kind of intimidation.
  3. They represent an attempt to act out private, personal grudges or rationalize the pursuit of special interests in the name of public welfare.

Remember, human beings are imperfect and fallible. Even a rational, honest, well-intentioned person may resort to some of these traits from time to time. Everyone has strong feelings about some issues and anyone can get excited and “blow off” once in awhile. We still retain our basic common sense, respect for facts and good will toward others. The difference between most of us and the bonafide extremist is that these traits are an habitual and established part of their repertoire. Extremists believe they’re doing the right thing when they act this way in the service of their cause.

The truth of a proposition cannot be inferred merely from the manner in which arguments in its behalf are presented, from the fact that its advocates censor and harass their opponents, or because they commit any other act or combination of acts suggested in this essay. Ultimately, the truth of any proposition rests on the evidence for it. To impeach a proposition merely because it is advocated by obvious “extremists” is to dismiss it ad hominem, that is, because of who proposes it. The fact is that extremists are sometimes right — sometimes very right — because they often deal with the gut issues, the controversial issues many people choose to avoid. So, before you perfunctorily write off somebody as an “extremist” and close your eyes and ears to his message, take a look at his evidence. It just might be that he’s on to something!
[Laird Wilcox is editor of The Wilcox Report Newsletter , Box 2047, Olathe, Kansas 66061. He is founder of the Wilcox Collection on Contemporary Political Movements in the Kenneth Spencer Research Library at the University of Kansas]

Copywrongs


by Samuel Edward Konklin III
From Volume 3 Number 20 – July 1986

Having done every step of production in the publishing industry, both for myself and others, I have one irrefutable empirical conclusion about the economic effect of copyrights on prices and wages: nada. Zero. Nihil. So negligible you’d need a geiger counter to measure it.

Before I move on to exactly what copyrights do have an impact on, one may be interested as to why the praxeological negligibility of this tariff. The answer is found in the peculiar nature of publishing. There are big publishers and small publishers and very, very few in between. For the Big Boys, royalties are a fraction of one percent of multi-million press runs. They lose more money from bureaucratic interstices and round-off error. The small publishers are largely counter-economic and usually survive on donated material or break-in writing; let the new writers worry about copyrighting and reselling.

Furthermore, there are a very few cases of legal action in the magazine world because of this disparity. The little ‘zines have no hope beating a rip-off and shrug it off after a perfunctory threat; the Biggies rattle their corporate-lawyer sabres and nearly anyone above ground quietly bows.

Book publishing is a small part of total publishing and there are some middle-range publishers who do worry about the total cost picture in marginal publishing cases. But now there are two kinds of writers: Big Names and everyone else. Everyone else is seldom reprinted; copyrights have nothing to do with first printings (economically). Big Names rake it in – but they also make a lot from ever-higher bids for their next contract. And the lowered risk of not selling out a reprint of a Big Name who has already sold out a print run more than compensates paying the writer the extra fee.

So Big Names writers would loose something substantial if the copyright privilege (emphasis added) ceased enforcement. But Big Name writers are an even smaller percentage of writers than Big Name Actors are of actors. If they all vanished tomorrow, no one would notice (except their friends, one hopes). Still, one may reasonably wonder if the star system’s incentive can be done away without the whole pyramid collapsing. If any economic argument remains for copyrights, it’s incentive.

Crap. As Don Marquis put in the words of Archy the Cockroach, “Creative expression is the need of my soul.” And Archy banged his head on typewriter key after typewriter key all night long to turn out his columns – which Marquis cashed in. Writing as a medium of expression will continue as long as someone has a burning need to express. And if all they have to express is a need for second payments and associated residuals, we’re all better off for not reading it.

But, alas, the instant elimination of copyrights would have negligible effect on the star system. While it would cut into the lifelong gravy train of stellar scribes, it would have no effect on their biggest source of income: the contract for their next book (or script, play or even magazine article or short story). That is where the money is.

“You’re only as good as your last piece” – but you collect for that on your next sale. Market decisions are made on anticipated sales. Sounds like straight von Mises, right? (Another great writer who profited little from copyrighting – but others are currently raking it in from Ludwig’s privileged corpse – er, corpus.)

The point of all this vulgar praxeology is not just to clear the way for the moral question. The market (praise be) is telling us something. After all, both market human action and morality arise from the same Natural Law.

In fact, let us clear out some more deadwood and red herrings before we face the Great Moral Issue. First, if you abolish copyrights, would great authors starve? Nope. In fact, the market might open a trifle for new blood. Would writers write if they did not get paid? Who says they wouldn’t? There is no link between payment for writing and copyrights. Royalties roll in (or, much more often, trickle in) long after the next work is sold and the one after is in progress.

Is not a producer entitled to the fruit of his labour? Sure, that’s why writers are paid. But if I make a copy of a shoe or a table or a fireplace log (with my little copied axe) does the cobbler or wood worker or woodchopper collect a royalty?

A. J. Galambos, bless his anarchoheart, attempted to take copyrights and patents to their logical conclusion. Every time we break a stick, Ug The First should collect a royalty. Ideas are property, he says; madness and chaos result.

Property is a concept extracted from nature by conceptual man to designate the distribution of scarce goods – the entire material world – among avaricious, competing egos. If I have an idea, you may have the same idea and it takes nothing from me. Use yours as you will and I do the same.

Ideas, to use the ‘au courant’ language of computer programmers, are the programmes; property is the data. Or, to use another current cliche, ideas are the maps and cartography, and property is the territory. The difference compares well to the differences between sex and talking about sex.

Would not ideas be repressed without the incentive (provided by copyrights)? ‘Au contraire’ the biggest problem with ideas is the delivery system. How do we get them to those marketeers who can distribute them? (Ed. note: most readers probably know the answer to this in 1996, this was written in1986)

My ideas are pieces of what passes for my soul (or, if you prefer, ego). Therefore, every time someone adopts one of them, a little piece of me has infected them. And for this I get paid, too! On top of all that, I should be paid and paid and paid as they get staler and staler?

If copyrights are such a drag, why and how did they evolve? Not by the market process. Like all privileges (emphasis added), they were grants of the king. The idea did not – could not – arise until Gutenberg’s printing press and it coincided with the rise of royal divinity, and soon after, the onslaught of mercantilism.

So who benefits from this privilege? There is an economic impact I failed to mention earlier. It is, in Bastiat’s phrasing, the unseen. Copyright is a Big publisher’s method, under cover of protecting artists, of restraint of trade. Yes, we’re talking monopoly.

For when the Corporation tosses its bone to the struggling writer, and an occasional steak to the pampered tenth of a percent, it receives an enforceable legal monopoly on the editing, typesetting, printing, packaging, marketing (including advertising) and sometimes even local distribution of that book or magazine. (In magazines, it also has an exclusivity in layout vs other articles and illustrations and published advertisements.) How’s that for vertical integration and restraint of trade?

And so the system perpetuates, give or take a few counter-economic outlaws and some enterprising Taiwanese with good smuggling connections.

Because copyrights permeate all mass media, Copyright is the Rip-off That Dare Not Mention Its Name. The rot corrupting our entire communications market is so entrenched it will survive nothing short of abolition of the State and its enforcement of Copyright. Because the losers, small-name writers and all readers, lose so little each, we are content – it seems – to be nickel-and-dime plundered. Why worry about mosquito bites when we have the vampire gouges of income taxes and automobile tariffs?

Now for the central moral question: what first woke me up to the problem that was the innocent viewer scenario. Consider the following careful contractual construction.

Author Big and Publisher Bigger have contracts not to reveal a word of what’s in some publication. Everyone on the staff, every person in the step of production is contracted not to reveal a word. All the distributors are covered and the advertising quotes only a minimal amount of words. Every reader is like Death Records in Phantom of the Paradise, under contract, too; that is every reader who purchases the book or ‘zine and thus interacts with someone who is under contract – interacts in a voluntary trade and voluntary agreement.

No, I am not worried about the simultaneous creator; although an obvious victim, he or she is rare, given sufficient complexity in the work under questions. (However, some recent copyright decisions and the fact that the Dolly Parton case even got as far as a serious trial – means the corruption is spreading.)

One day you and I walk into a room – invited but without even mention of a contract – and the publication lies open on a table. Photons leap from the pages to our eyes and our hapless brain processes the information. Utterly innocent, having committed no volitional act, we are copyright violators. We have unintentionally embarked on a life of piracy.

And God or the Market help us if we now try to act on the ideas now in our mind or to reveal this unintended guilty secret in any way. The State shall strike us – save only if Author Big and Publisher Bigger decide in their tyrannous mercy that we are too small and not worth the trouble.

For if we use the ideas or repeat or reprint them, even as part of our own larger creation – bang! There goes the monopoly. And so each and every innocent viewer must be suppressed. By the Market? Hardly. The entire contractual agreement falls like a house of cards when the innocent gets his or her forbidden view. No, copyright has nothing to do with creativity, incentive, just desserts, fruits of labour or any other element of the moral, free market.

It is a creature of the State, the Vampire’s little bat. And, as far as I’m concerned, the word should be copywrong.

To Thine Own Self Be True


The Story of Raymond Cyrus Hoiles and his Freedom Newspapers

by Carl Watner
From Volume 3 Number 18 – May 1986

In 1964, an article appearing in The New York Times newspaper described Raymond Cyrus (R.C.) Hoiles as “slight of build, hawk-nosed toothy, bespectacled, with a fringe of still dark hair around his other-wise bald head.” It also publicly identified Hoiles as a voluntaryist. With regards to the upcoming national elections (Goldwater was running for President), the same article reported that Hoiles was not inclined to look towards the ballot box for the quick adoption of his libertarian ideas. In fact, it quoted R.C. as stating, “It doesn’t make much difference who is President. What is important is the attitude of the American people.”

Another contemporary sketch of R.C. by Robert LeFevre painted him as “a rare old bird, a combination of crusty, two-fisted, hard-headed egoist, and a gentle, optimistic, hard-working idealist. The man is, a true genius in my view. His writings are about the most cumbersome, unwieldy and unreadable in print. In fact, I once stated that it was a good thing that R.C. owned some newspapers because no independent publisher would ever accept anything he wrote. Nor, so far as I know, has anyone ever done so. Yet, what R.C. thinks and writes, if you can interpret it, is magnificent. I love the old man.” [Letter from Robert LeFevre to Howard Kessler, April 16,1964]

Raymond Cyrus Hoiles (born November 24,1878; died October 30, 1970) was the founder of the Freedom Newspaper chain, a group of daily newspapers that grew out of his employment as a printer’s devil in the early 1900’s. His newspaper organization still exists today. It could probably be described as the greatest money-making device ever put together in support of human liberty and human dignity. Its editorial pages were (and still are) dedicated “to furnishing information to [its] readers so that they can better promote and preserve their own freedom and encourage others to see its blessings.” [From the masthead of the Colorado Springs Gazette Telegraph, November 24, 1984] The Hoiles papers distinguished themselves from all other newspapers by the contents of their editorial pages. Their news sections were the models of industry standards in factual reporting, but they were without doubt the only papers in the United States that came out against such things as tax-supported compulsory education, labor unions, and the United Nations.

In short, Hoiles “carried freedom’s flame,” as an editorial in one of the Freedom Newspapers announced on the anniversary of what would have been his 106th birthday. He gave encouragement to such people as Frank Chodorov, Rose Wilder Lane, Robert LeFevre, Ludwig von Mises, and Leonard Read; people who were largely responsible for the creation of the libertarian movement in the last quarter of the 20th Century. For more than 35 years, through conversation and the written word, R.C. “contended that human beings can enjoy happier, more prosperous lives in a voluntary society where force or threats of force are absent from human relationships.” He believed that a single standard governed all human relationships:, that neither the lone individual nor any group of people (even if it were the majority and called itself the State) had any right to initiate force.

“Hoiles displayed that rare mixture of principle and worldly practicality” which was necessary to transmit his ideas to literally millions of newspaper readers over the course of several decades. The purpose of this essay is to show how R.C. was a unique blending of both philosopher and businessman, who created an empire dedicated to selling both newspaper and ideas.

R.C. was born in the Mt. Union section of Alliance, Ohio. His dad was considered a successful farmer in the area and had a keen business sense. By the time R.C. graduated from public high school, one of the most important lessons he had learned from his father was never to ask anybody to do something for him that he was not prepared to do himself. This lesson served him well in the business world as well as in the realm of moral ideas. During his college days at a Methodist school (Mt. Union College), R.C. spent his weekends working as a subscription solicitor for the Alliance Review. This was his first real introduction to newspapering. After teaching school and an assortment of odd jobs, R.C. eventually went to work for his older brother, Frank, who had purchased the Review. He started as a printer’s devil at $2 per week.

In 1905, R.C. married Mable Myrtle Crumb and over the course of the next few years was to father four children: Clarence (November 1905 – December 31, 1981), Raymond (died 1920), Harry (born January 27, 1916) and Mary Jane (born April 1922). When the Reviews bookkeeper died, R.C. took over that job and eventually became Frank’s business manager. By 1919, R.C. had managed to accumulate enough money to buy into two newspapers with his brother. At that time, R.C. owned a one-third interest in the Review and a two-thirds interest in the Lorain, Ohio Times Herald. Several years later, he bought a third interest in another newspaper, the News of Mansfield, Ohio.

By swapping part of his holdings for those of his brother, R.C. managed to take full control of two newspapers by the mid-1920’s. He and his brother Frank could no longer operate in tandem, since Frank insisted that their newspapers say nothing against labor unions, while R.C. persisted in speaking his mind. So in 1927, when he purchased the Bucyrus, Ohio Telegraph-Forum, R.C. already fully owned the Mansfield News and the Lorain Times Herald. His son, Clarence, was sent to manage the Bucyrus newspaper, while R.C. lived in Mansfield and served as publisher there.

Shortly thereafter, Hoiles “entered into one of the bitterest newspaper fights in the history of the publishing business in Ohio.” The Hoiles paper in Lorain had exposed the corruption prevalent in the awarding of paving contracts to the Highway Contracting Company of Cleveland. Horowitz, the owner of this company, was eventually shown to be the owner of the newspapers in Lorain and Mansfield, both of which strove to “get even” with Hoiles for his part in exposing the fraudulent practices. The rivalry between Horowitz and Hoiles prevailed till 1931, but in the meantime the front porch of the Hoiles home was destroyed by an explosion in November 1928, Hoiles’ car was wired with dynamite (which fortunately failed to detonate), and a dud bomb was discovered in the office of the Mansfield News. None of this gangsterism was ever explained, but it did motivate R.C. into selling the papers in Mansfield and Lorain.

During the New Deal days, R.C. became a victim of New Deal legislation. He had effected the sale of his two papers in Ohio in 1931, but according to the terms of settlement he was not to receive all of the proceeds until 1935. By that time FDR had devalued the dollar and nullified the gold clause in all private contracts. As R.C. expressed himself in a private letter to Robert LeFevre, written on February 4, 1964, he “had a little experience” with the government abrogation of contracts whereby “I lost $240,000.” It was for this reason, if no other, that he concluded, government should have nothing to do with money or credit.

The proceeds from this sale were used to purchase daily papers in other parts of the country. The Santa Ana, California Register and the Clovis, New Mexico News Journal were acquired in 1935. A year later, the Pampa, Texas Daily News became a Hoiles property. These along with the Telegraph-Forum of Ohio days, formed the nucleus of the Freedom Newspapers. No new papers were acquired during World War II, but R.C. did achieve a degree of notoriety during that time. At one time during the war, he was fined $1,000 by the Federal Government for raising wages in violation of government statutes. His editorial stance against the forcible relocation and internment of Japanese Americans was noted all across the country. He vigorously opposed their evacuation and fought for lifting the bans placed on them.

As the Japanese American Citizens League once put it, Hoiles “was the only one with the courage of his convictions.” [Gazette Telegraph, January 23, 1966, p. 8-E] One other example will illustrate R.C.’s sublime indifference to compromise, even though his adherence to principle might be costly. Once in Santa Ana, a cub reporter was writing news stories about a group of local businessmen who had contrived an anti-chain store organization. When the managers of the chain stores, who represented over half of the advertising revenue of the Register, walked into his office and demanded that the stories about their opposition cease, Hoiles responded in the following manner. “You can take your advertising out of my paper. That’s your business. But I’m running this paper and I’ll say what is to be printed in it as long as I’m running it, and if the stories are true, and we think that they are news, they’re going to run whether you like it or not.” [Raymond Cyrus Hoiles, p.8]

After World War II, Hoiles purchased two more papers. His son, Harry, became the publisher of the Colorado Springs Gazette Telegraph, and his daughter, Mary Jane Hardie, became associated with the Marysville, California Appeal Democrat in 1946. A year after the purchase of the Gazette Telegraph, that paper entered a strike of its employees, who were members of the International Typographical Union (ITU). The strike action began in January 1947 and R.C. refused to make a satisfactory contract agreement with the local involved. Picketting ceased in July, but the ITU did not give up its efforts. It funded a competition paper, known as the Free Press, which existed for at least two decades. A similar occurrence took place in Lima, Ohio, when Hoiles purchased the News there in 1956. In the interval the Freedom Newspapers had expanded to include the Odessa, Texas American (1948) and three other Texas papers (1951), the Brownsville Herald, the McAllen Valley Evening Monitor, and the Harlingen Valley Morning Star. The Anaheim, California Bulletin was acquired in 1962.

It was not until after these purchases in the early 50’s that the designation “Freedom Newspapers” was applied to the Hoiles’ acquisitions. Although R.C. first suggested that they collectively be designated “our watchful newspapers,” the “freedom” label was ultimately selected as being far more descriptive of their overall editorial policy and outlook. When the New York Times wrote about Hoiles in 1964, the combined circulation of these dailies exceeded 300,000. By the time of Hoiles’ death, the Freedom chain also included the LaHabra, California Daily Star-Progress (1963). The Turlock, California Turlock Daily Journal (1965), the Gastonia, North Carolina Gastonia Gazette (1969), three dailies in Florida, the Panama City News-Herald (1969), the Fort Pierce News Tribune (1969), the Fort Walton Beach Playground Daily News (1969), and the Columbus, Nebraska Telegram (1970). In 1985, the chain comprised nearly 30 papers with a combined daily circulation of almost 1,000,000 readers.

Though the bare bones of R.C.’s life do not indicate the evolution of his thinking, he did leave at least one record of his intellectual development and mentors. For many years, R.C. wrote a daily column that appeared on the editorial pages of all his newspapers. This column was originally titled “Common Ground,” but then changed to “Better Jobs,” because R.C. believed that was a commonly shared interest of most people. In a three-part series in his “Better Jobs” column of late 1955, R.C. discussed “My Handicap:”

I want to explain how my attending government schools and getting a high school diploma and then graduating from a Methodist college handicapped me in developing my moral and mental faculties. How, in short it retarded my education.

R.C. explained that he lived in the country across from a “little red school house” and how both his parents had attended government schools themselves. It was natural for them to want to send him to government schools, too. His father, as a prominent local citizen, was usually a member of the local school board. But R.C. recalls that even as a board member, his dad had some reservations about the efficiency of governmental education. Once he remembers his dad referring to government schools as “socialistic.”

The handicap that R.C. got from the public schools was the belief that the State or the majority of citizens had the right to use taxation to support the public school system.

I never once read in any book or heard any professor in the high school explain the basic principle that governments derive their just powers from the consent of the individual; that the government had no right to do anything that each and every individual did not have a right to do. Instead, they had to teach that the government or the local school district, if the majority so willed, had a right to force a Catholic parent or a childless person or an old maid or an old bachelor to help pay for government schools…The textbooks did explain the error in the belief in the divine right of kings. But they never explained the error in the belief in the divine right of the majority. It simply substituted the divine right of the majority for the divine right of the kings.

Of course, I never found any textbook or any teacher that believed taxation was a violation of justice and of moral law, as set forth in the Commandments “Thou shalt not steal” and “Thou shalt not covet.” In other words, the government schools I attended made no attempt to be consistent and teach me to recognize contradictions.

R.C.’s experiences in high school were duplicated during the four years he went to a Methodist college. Never once was he exposed to or did he come into contact with a real libertarian. It was probably not until he was out of college that he came across the ideas of Ralph Waldo Emerson which aroused his interest in liberty and limited government. The essays on “Compensation,” “Politics,” and “The Uses of Great Men” stimulated Hoiles’ desire for better understanding. After Emerson, some of the works of Herbert Spencer whetted his curiosity, particularly the ones that questioned “The morality of government schools and the myths that existed in most of the organized religions.”

Then a Socialist told me that Frederic Bastiat made the best explanation of the disadvantages that come from the protective tariff. That interested me. I got his “Sophisms” and was so fascinated that I bought his “Harmonies of Political Economy” and even had some of his essays translated that had not been translated into English.He was the first man who awakened me to the errors, taught in government schools and most Protestant colleges, that the state doing things that were immoral if done by an individual made these acts become moral. In other words, he was the first man that pointed out that there was only one standard of right and wrong – the same standard for the state that governed the standard for the individual.

Bastiat so impressed me that I republished his “Social Fallacies (Economic Sophisms)” and his “Harmonies of Political Economy” in two volumes, and his essay on “The Law.” [The first of these books was published by R.C. Hoiles in 1944.]

R.C. realized that he had never come across Bastiat in college for the same reasons that he had never found Bastiat in his high school library. Bastiat represented a clear cut threat to “the establishment” by demanding that one standard of morality apply to the individual and the State. After discovering Bastiat, R.C. ran across Henry Link’s “Return to Religion,” (1936), “Rediscovery of Man,” (1940), “Rediscovery of Morals,” (1947), and his essay on “The Way to Security” (1951), which “clearly pointed out the immorality and injustice of government schools.” Another author that influenced R.C. was John Rustgard, who in his books, The Problem of Poverty, (1935), Sharing the Wealth, (1937), and The Bankruptcy of Liberalism (1942), explained how it was impossible for the State to educate the youth of the land in liberty and justice. Rose Wilder Lane’s “Give Me Liberty” (1936), fascinated R.C. because it explained that government schools were the “primary tyranny.” It was Rose Wilder Lane who suggested that he read Isabel Paterson’s The God of the Machine (1943). That book so intrigued him that he purchased 100 copies for distribution to his friends and associates.

Rose Wilder Lane and R.C. had a special sort of relationship. They carried on an extensive correspondence, extending from at least the early 1940’s till the early 1960’s. One of R.C.’s favorite aphorisms was attributed to Rose Lane. He was fond of quoting her statement that “freedom is self-control, no more, no less.” After R.C. read her book, Discovery of Freedom, which was published in 1943, he wrote her a devastating critique. He claimed that he could not recommend Discovery because she had made one egregious blunder in presenting her ideas. Rose had assumed by implication that it was government protection of private property which made private property possible. When R.C. pointed this out to her, and explained that the State was the major violator of property rights, she was so chagrined that she bad-mouthed her own book the rest of her life.

R.C.’s view that he was “handicapped” by his government education was reinforced by his contact with Lane and Paterson. He realized that neither one of them had been contaminated to any great extent by the public schools. Rose Wilder Lane went to school for only six months, and Isabel Paterson for less than two years when she was a small girl. It was the absence of this governmental indoctrination and propaganda which made it possible for them to do their thinking. R.C. was so impressed with the view that government controlled schooling was one of the major causes of statism that he had an outstanding offer of $500 to any school superintendent or official who was willing to stand up (as in a court of law) and defend the public school system as being consistent with the Golden Rule. He never had any serious takers.

Although R.C. related that Isabel Paterson personally confided to him “that she did not write a chapter on taxation because she had not thought it through,” R.C. was eventually able to arrive at some very definite conclusions on this subject. But it was not until he was corrected by Frank Chodorov on the question of “voluntary taxation” that R.C. reached his mature view on the matter.

I, of course, believed in taxes, having gone to a state school. I used to contend that I believed in voluntary taxes. I was straightened out on this error by Frank Chodorov, who pointed out that there was no such thing as voluntary taxation – to use that term was a contradiction of words. That caused me to overcome the handicap that I learned from the state schools and Methodist college of believing in taxation….But it took me 40 or 50 years to partially throw off and outgrow and discard the handicap I received in government schools and a Methodist college. And I have not yet, by any means, completely discarded all the collectivist authoritarian ideas that handicapped me…

It was probably in the late 1940’s or early 1950’s when Chodorov pointed out to him that the difference between voluntary contributions and taxation was that taxation rested on an element of force. R.C. was proud that he was man enough to admit his mistake. “You’re right,” he told Chodorov, “I’m against all taxes.” [Ashby, p. 483] R.C. thought that the terms “government” and “State” caused all sorts of semantic confusions. What he favored was a free enterprise association or a defensive voluntary association that would sell protection of life and property, much like an insurance company.

I must have the right to discontinue buying from one agency and buy from one I think will give me the most for my money. In other words there must be competition or the threat of competition in order to have a true value of the worth of the service. When there is no competition there is no true value, as in the case when the government has the right to arbitrarily confiscate a man’s property and call it a tax…Competition would be the protection as to the agency overcharging me. I hear the objection that the protective agencies would come in conflict I do not believe there would be nearly as much conflict when the insured had the right to dismiss an agency and an agency had the right to refuse an individual who was too great a risk as there is now.

R.C. expounded on these ideas at length in his column “Better Jobs” which appeared in the Gazette Telegraph on October 30, 1956 (p. 21; this particular column was captioned “A Good Question”). He was certainly one of the earliest 20th Century libertarians to espouse the idea of replacing limited governments with competing defense agencies. He was absolutely fearless as to how and to whom he presented his ideas. Once he challenged Ludwig von Mises on his “contention that we have to have monopolistic local, state, and federal governments to protect our lives and property.” The two were personally acquainted as R.C. had at one time in the mid-1950’s invited von Mises to lecture in Santa Ana, at R.C.’s expense. Some years later, in 1962, R.C. directed a letter to von Mises in New York, asking him to reconsider his rejection of voluntary defense agencies. R.C. said that he saw von Mises doing so much good on behalf of free enterprise and free market economics, that he hated to see von Mises “continue to advocate any form of socialism, or any form of tyranny. And when you are advocating that the free market is not the better way of protecting man’s lives and property, I think you are serious in error… .” There is no record of von Mises’ response.

R.C. was also familiar with the individualist-anarchist ideas of the 19th Century libertarians for he referred to having read Benjamin Tuckers Instead Of A Book in a column which appeared in the Gazette Telegraph on May 8, 1955. In discussing “Anarchy – Good or Bad” R.C. was trying to get at the point that sometimes anarchy meant “self-rule” and other times meant “no rules” at all. He was in favor of everyone controlling him or herself and not being subjected to coercive forces outside the self. He was opposed to the absence of self-rule, because he believed that its absence would lead to chaos.

Where or how R.C. came upon the term “voluntaryist” remains a mystery. He may have come across it in his religious studies, since the term was originality applied to the manner in which churches were voluntarily supported in this country and England, as opposed to the establishment and funding of a State church. R.C. was not totally anti-electoral, for he did support Goldwater in his bid for the presidency. He was, however, clearly an advocate of an all-voluntary society, one in which the person who did not wish to pay for government protection should not receive such protection nor be forced to pay for a service he did not receive. In the latter part of 1958 and the early part of 1959, he gave several public talks to such groups as the Unitarian Fellowship of Orange County and the Exchange Club of Santa Ana. The subject of these presentations was “voluntaryism.” He chose this theme because he sincerely thought that to the degree that more and more people believed in and practiced voluntaryism “the more they will increase their happiness, their physical and spiritual health, their peace of mind and their prosperity.” The message of Jesus Christ, and as R.C. was to fondly add, the Ten Commandments, The Golden Rule and the Declaration of Independence, was clearly voluntaryist at heart. “If it is harmful for one to get things on an involuntary basis, or two people, it is harmful for any number of people or for a government to get things by using involuntary means.” He was optimistic that voluntaryism would triumph, just as chattel slavery had been abolished in this country. In his 1956 column, quoted above, he wrote that

For thousands and thousands of years people have believed in the divine right of government to plunder and rob individuals… For thousands of years people believed in slavery. We abandoned it about 90 years ago in the United States. Maybe in another 90 years people will adopt the ideologies set forth in the Declaration of Independence that governments derive their just powers from the consent of the governed. That means the government would have to render service efficiently enough that people would voluntarily pay for protection.

As a man of good will, R.C. felt that he had a personal obligation to speak out and the editorial pages of his newspaper were his mouthpieces. He believed that all progress came from some individual who was willing to state the truth and stand alone against the crowd. He was fond of quoting one aphorism that he thought was a masterpiece. “There is nothing noble in being superior to some other man. True nobility consists in being superior to your previous self .” He, called this “The Key to Continuous Happiness” because he believed that the man who is constantly trying to improve himself is the happiest person and his happiness grows with age. Though he suffered from diabetes and two heart attacks, R.C. certainly tried to practice this during his own long life. [R.C. to Bob LeFevre on January 17,1962] He also once quoted Robert lngersoll’s observation that if you seek happiness directly it will flee from you. Rather “Happiness is not a reward, it is a consequence” of continued self-improvement. [Gazette Telegraph column of January 26,1959]

R.C. served as the editorial watchdog for his paper. He perused all the editorials and was in constant contact with his writers. If an editorial did not suit, or if it violated his conception of freedom philosophy, he was sure to let them know. A particularly outstanding editorial was likely to be sent to all the papers. Editors were to make minor changes in the editorials to suit local circumstances and then publish the revision. And since freedom philosophy was a constantly evolving group of ideas there was constant correspondence and discussion among all the editors as to what should be the Freedom Newspaper position.

The Freedom School which LeFevre and others started in the summer of 1957 taught the same basic philosophy that the Hoiles’ presented on their editorial pages. Harry was largely responsible (in several indirect sorts of ways) for helping get the school started. He allowed LeFevre to take time off from his job at the newspaper (with the proviso that the school did not interfere with his writing productivity) and he lent the school $7000, which it needed during its very early days. Once the school was going, both R.C. and Harry made substantial financial contributions to it. They also sent a number of their editors and family members to the school. During the summer of 1963, R.C. attended. That same summer a number of his children, grandchildren, in-laws, and editors also were students at the Freedom School.

Freedom School, to the same extent, served as a philosophical training ground for the Freedom Newspaper editorial staff, allowing the staff writers to better understand freedom philosophy. They were all working for the same goals: increasing their circulation and an expansion of freedom thinking. There were occasional departures, editorially speaking, from freedom philosophy. During the early 1960’s, McDowell, the publisher of the Lima News, and some of the Freedom Newspapers in Texas were the worst offenders. Often the opposition papers were helpful in pointing out their inconsistencies (and of course they delighted in doing so). For example, in 1960 in Lima, the News was planning a special supplement in honor of the opening of a new school and National School Week. In view of Hoiles’ bitter opposition to “gun run” schools, as he often termed the public schools, the opposition paper said it looked ludicrous for a Freedom paper to be issuing such a supplement and the publisher had to cancel his plans.

The whole purpose of the editorial page of a newspaper, in R.C.’s view, was to get people to think. Just as R.C.’s contact with the ideas of Emerson and Spencer had helped him overcome his own “handicap,” so the exposure of readers to libertarian ideas in the editorial page was designed to awaken in them the concept of self-rule and self-control. In fact, R.C. saw “the editorial page of a newspaper, which is kept open for contrary points of view, and which is well prepared and thoughtfully assembled, as a daily school room made available to its subscribers,” whether “rich or poor, young or old, and without the duress of taxes nor the compulsion of forced attendance.”

Soon after LeFevre joined the Hoiles, the Freedom Newspaper formulated a long editorial statement entitled “Here Is Our Policy.” It was published as a single page handout, as well as appearing in the editorial columns of the papers and then being blown up so as to take up a full newspaper page. In the mid-1950’s. R.C. was still largely wedded to a conception of a strictly “minimal” government. The most important passages from “Here Is Our Policy” are reprinted below.

The 11 daily newspaper published by Freedom Newspapers, Inc., and Freedom Newspaper, a co-partnership, believe in a system of natural law….We consider three concepts to govern human behavior. They are:
1. The Decalogue.
2. The Sermon on the Mount which is an exposition of the Decalogue.
3. And the Declaration of independence which is a political expression of the Commandments….

The Yardsticks of Morality we have mentioned indicate several facts, uncontested by any Christian or Jew, of our acquaintance. They include:
1. That every man is born with certain inalienable rights.
2. That these rights are equally the birthright of all men, that they are the endowment of the Creator and not of any government.

Since we believe these facts are expressed in the Commandments, we do not believe any man has the moral right to curtail the rights of his brother. That is, no man has the right to initiate force against his brother….

Our belief in a single standard of conduct, and in the existence of individual rights, and in the fact of natural law, brings us to oppose all things in which an individual or group seeks to initiate force – that is, curtail the rights of any other individual or group.

We must oppose all brands of socialism, whether it is called Communism, fascism, Fabian socialism, New Dealism or New Frontierism. We oppose socialism in factories, schools, churches and in the market place….

We believe, therefore, in a minimal government. The state, at best, exercises those powers which the individuals in that state voluntarily have turned over to the state for administration….

A great deal of thoughtful consideration went into the preparation of “Here Is Our Policy” and it was subjected to ongoing revision as the years passed. As LeFevre became more involved in the writing of editorials for the Gazette Telegraph, he saw his role in the Freedom Newspapers as pivotal in keeping the paper in Colorado Springs in the forefront of libertarian thinking. The masthead of LeFevre’s paper read “Colorado’s Most Consistent Newspaper” and it was Harry Hoiles’ desire that LeFevre write consistently on the themes of human liberty and human freedom. The masthead went on to conclude:

We believe that one truth is always consistent with another truth. We endeavor to be consistent with the truths expressed in such great moral guides as The Golden Rule, The Ten Commandments, and the Declaration of Independence. Should we at any time be inconsistent with these truths we would appreciate anyone pointing out such inconsistency.

In a June 7, 1955 editorial explaining “Why We Picked Our Slogan,” Harry Hoiles wrote that he had never found another newspaper in the United States, with the exception of a Freedom Newspaper, “That can truthfully say that their policies are consistent and say what they are consistent with.” It was clearly more important to R.C. and Harry Hoiles and Bob LeFevre to stand by a consistent position than “to take in a few more dollars by trying to be popular.” During the course of the following decade, LeFevre and Harry Hoiles both worked together on establishing a consistent libertarian position on virtually every editorial topic under the sun.

They also managed to work R.C. away from his reliance on the basic precepts of organized Christianity, as well as moving him a little further in the direction of pure freedom. By 1969, when “Here Is Our Policy” was transformed into “Here Are the Convictions That Led to Our Belief in a Universal Single Standard of Conduct,” the three basic guides to morality (formerly The Decalogue, The Sermon on the Mount, and the Declaration of Independence) had been reduced to the following “Guide To Morality.” The belief in a minimal government had been converted into a belief for a voluntarily supported one.

[I]t is incumbent upon us to state a single universal law or fact as we believe it:Persons, groups and governments ought not threaten to initiate force or use it to attain their ends. This would certainly mean, thou shalt not steal individually or collectively. If no person or group stole, there would be no murder, no false witness, no adultery.

To express the belief positively, all individuals or groups should get what they get in a manner that would be profitable to all. Then all would respect the private property of others 100%. That would be true liberty and voluntaryism….

We do not believe in initiating force for any reason, even though the cause is a “good” one….

We believe, therefore, in a voluntarily supported government…. [I]f some do not want to support a police force, they should not be forced to do so. Nor should they receive its services.

Although there was a tendency on reaching an editorial consensus among the Freedom Newspaper editors and editorial writers, there was one area of major disagreement. The issue involved the question of capital punishment. It is probably safe to say that R.C. was tolerant of any opinion so long as it was solidly reasoned and cogently presented – even if it were an opinion with which he disagreed. Bob LeFevre, writing in 1956, said that “Despite the fact the Mr. [R.C.] Hoiles is the head of a corporation which pays me a salary, I do not always agree with him. And to his credit, may I add that Mr. Hoiles doesn’t expect me to do so. He only demands that my conclusions be honest and backed by logic.” [Robert LeFevre to Albert Penn, May 21, 1956]

R.C. was to live until 1970, but even his contribution to the Freedom Newspapers’ philosophy is evident today, sixteen years after his death. For example, as late as 1984, the masthead of the Gazette Telegraph continued to dedicate itself to the promotion and preservation of individual freedom. “We believe that freedom is a gift from God and not a political grant from government. Freedom is neither license nor anarchy. It is self-control. No more. No less. It must be consistent with the truths expressed in such great moral guides as the Coveting Commandment, the Golden Rule, and Declaration of Independence.” R.C. would have certainly agreed with every statement in that masthead. It sounds as though he could have written it himself.

One of his contributors to a commemorative book published on R.C.’s 75th birthday wrote that if there was such a thing as a typical individualist, then R.C. would certainly serve as his standard. R.C. was a talented businessman and a versatile thinker. He once quoted Zoroaster, taking the citation from a book on the world’s religions:

Salvation cannot be brought to any man by priest or teacher. It can only come from within each human being, and for himself. Salvation can be achieved by good thoughts, good words, and good deeds. All the rest is commentary and elaboration.

By remaining true to himself and building the Freedom Newspaper chain from a single newspaper, R.C. undoubtedly achieved whatever salvation is possible in this world. He certainly had good thoughts, good words, and a strong sense of right and wrong. As one of the unsung heroes of the 20th Century libertarian movement, his life, his efforts, and ideas deserve our undivided attention.

Unlimited Voluntary Exchanges


by R.C. Hoiles
From Volume 3 Number 17 – August 1985

In a talk before the Exchange Club of Santa Ana on voluntaryism, I used the subject voluntaryism rather than libertarianism because I do not believe there is as much confusion about voluntaryism as there is about libertarianism. Libertarianism has become distorted to mean liberalism of other people’s money.

My contention was that I believed in unlimited voluntary exchanges. Some of the points I tried to emphasize were that voluntaryism really meant that one should get what he gets by benefitting those from who he gets it, that in voluntaryism not only both parties were benefited but everyone else in the world was bendfited; that voluntaryism was, in reality, nothing but a free and unhampered market; that to the extent voluntaryism was practiced, every individual got all he produced, and the only fair way of measuring what each and every person produced was to have jobs interchangeable so that any person who thought he was getting too little and someone was getting too much would have not only the right, but it was his duty, to render a better service for the same money or the same service for less money, and thus benefit both parties to an exchange. Not only would both parties be benefited, but everybody else in the world would be benefited because each of the parties would be better able to benefit those with whom they exchanged.

I further tried to emphasize that voluntaryism meant that in creating wealth and exchanging it, both parties were benefited – that it was not like war or gambling or fraud where one man benefited and another man lost.

It was my contention that most people believed in voluntaryism as individuals but few people believed in voluntaryism in groups; that most people seemed to think it was al right to do things collectively, like getting a service on an involuntary basis when they would not think of trying to do it as an individual.

I pointed out that the two things that people seemed to believe were virtuous if done by a group but vicious if done by an individual were labor unions and government; that they seemed to believe that it was all right for government to initiate force to take from one to benefit another, but they could see that it was harmful and vicious and wicked for an individual to initiate force to take from one to give to another; that the government had passed laws that gave labor unions monopolies and the right to do things that would be a crime if done by other people; that this form of involuntaryism caused governments to grow and expand and eventually get so tyrannical that people overthrew them; that I could think of no way of keeping government down other than having it supported on a voluntary basis; that government would cost very little – maybe only 2 per cent or 3 per cent of the national income – if it was limited to only trying to stop people from practicing involuntaryism in getting things.

It was my contention that voluntaryism was in the minds of the framers of the Declaration of Independence when they wrote that the governments derive their just powers from the consent of the governed; that that meant exactly what it said and that if a man did not believe that everybody’s life and property should be protected, he should not be forced to support the government, because if he was forced to pay taxes to support the government, in order to be fair he should have the right to vote. And then he would vote to take from one to give to another and there would be no limit to the growth of government; that governments in the United States used to take about 2 per cent or 3 per cent of total production and now they are taking around 33 per cent of what was produced – all because the majority of people believe that groups have a right to do things that they would hesitate to do as individuals.

Since I do not believe very much in speeches where the speaker is protected from questions, I allowed about one-half the time for questions.

Of course, one of the questions usually asked is how you would raise the money to defend this country from a national standpoint. It was my contention that if the government were operated on a voluntary basis where they had no power to interfere with people freely exchanging goods and services throughout the world – that is, where we had no protective tariffs and immigration quotas – we wouldn’t be in these wars and wouldn’t need all this wealth for protection. It is the government practicing involuntaryism against the people of other governments that leads to war.

One man asked how the Civil War would have been handled. My answer was that if we had not had protective tariffs it is doubtful whether the South would even have wanted to secede, and if they had wanted to secede, they should have been permitted to secede if we followed the ideologies as set forth in the Declaration of Independence, that governments derive their just powers from the consent of the governed; that the North should have had such a good government that people wanted to belong to the government.

Another party observed that he had a visitor from India and that their wages were so low that if we permitted our workers to exchange with them our wages would become low. He wanted to know how voluntaryism would prevent such a catastrophe coming to the American people. My answer to that was that I spent three hours one day on a train with a student from China who was going to school in New York; that he contended the Chinese could not compete with the people in the United States because the people in the U.S. had such efficient tools that they could undersell the Chinese people. The people in the United States contend that they cannot compete with the people of China and India and other countries because their wages are so low.

Then I tried to explain that the wages there were so low because they did not have the tools and therefore each worker produced very little and could not be paid more than what the worker produced; that each man must produce his own wages. It was my contention, of course, that our standard of living would be a lot higher if we more nearly practiced voluntaryism on a free and unhampered market.

The members of the Exchange Club are performing a service because their ideology is that exchange of ideas is beneficial to everybody. And that is true because ideas come before things are created and exchanged. Anything that enlightens mankind is beneficial to everyone.

Yes, I am for unlimited voluntary exchanges.

Living Slavery And All That


by Alan P. Koontz
From Volume 3 Number 17 – August 1985

In various forums, at least since the birth of the LP, Murray Rothbard has invoked what he calls the “slavery analogy,” to point up the morality of political voting. The question is: Does the slavery analogy really help in this way?

To begin with, Rothbard’s slavery analogy illustrates the nature of the State. The condition of the slaves relative to their master is more or less the same as that of the subjects to the State. The master, by either directly or indirectly (through a foreman) exceeding his natural rights, denies his slaves’ natural rights, just as the State denies the natural rights of its subjects by its very existence.

The condition of the slaves is thus a given before the question of “voting rights” arises. Their condition indicates that they have a ruler regardless of whether or not the slaves can vote. The same is true of the subjects of the State. Suppose, then, that the slaves are granted a choice of, say, two foremen by the master. The slaves may cast ballots to decide which foreman will execute rule over the slaves. The foreman who receives the most votes will be the choice of all the slaves. Presumably, the slaves will each choose what he or she thinks is the lesser of the two evils. The situation of the slave thus becomes analogous to that of the subject who has been granted the “right to vote” for his ruler. In light of this slavery analogy, Rothbard asks: What is immoral about choosing the lesser of two evils, if that is the only choice one has under the circumstances?

To answer his question: First of all, the choice is one which affects the lives of others besides the chooser. Using the slave analogy, the vote of each slave isn’t just a choice of which foreman will rule that slave, but is a choice of who will rule all of the slaves. Thus each slave that votes is acting in the capacity of the master respecting his slaves. To vote for a foreman is to take part in the process of other people’s enslavement. It should be clear, at least to Rothbard, that by voting, the slave in respect to his peers is going as far beyond his or her natural rights as the master (or the foreman) does respecting his or her slaves.

Moreover, the possibility certainly exists in the slavery analogy that not all the slaves may be in agreement as to which of the two foremen is the lesser of the two evils. Most importantly, some or all of the slaves may decide that the lesser of the two evils is still evil and on this basis refuse to vote. In either case, the immorality of voting is quite obvious.

It is also obvious that assuming one only has the choice of the lesser or greater of the two evils in the slavery analogy is begging the question. As Frank Chodorov once asked, in this regard: “Under what compulsion are we to make such a choice? Why not pass up both of them?” Indeed there is nothing in the slavery analogy that says the slaves must choose one or the other of the two foremen. By making such a choice the slaves are merely doing yet another thing that the master wants them to do. Instead of choosing either foremen, one or more of the slaves may choose neither. This third choice, also open to the slaves, is a moral one for it doesn’t affect coercion toward others unlike voting.

Furthermore, the refusal to vote is a first step toward restoring individual sovereignty. If the slave does what the master wants him or her to do he or she will surely remain a slave. (The master, for example, wouldn’t give his or her slaves the “right to vote” if the slaves could thereby become free.) By refusing to vote the slave is not doing what the master wants him or her to do. If most of the slaves refused to vote the master would have to choose the foreman for them. However, the master (and foreman) would then be up against a group that has refused to barter his or her individual sovereignty for the lesser of the two evils the master had originally offered; let alone give it up for nothing. And so would it be for the State that failed to get barely any of its subjects to participate in the electoral process.

In short, the answer to the opening question is: No, on the contrary.

The Party Line on a Party Line


by Wendy McElroy
From Volume 1 Number 6 – August 1983

Individuals act. There is no such thing as a collective will. It is strange to have explain this to libertarians. It is disturbing to see how difficult it is for some of them to understand an organization which promotes differences of approach in an important area, which encourages individuals to think and act independently. Where, they insistently ask of The Voluntaryists, is your party line on strategy? If this were a request for the statement of principles of Voluntaryism – the essential characteristics which distinguish us from other libertarian groups – it would be a perfectly reasonable inquiry. And simply answered. We are an organization of anarchists with the dual purpose of developing antipolitical theory and investigating nonpolitical strategies. Our party line on strategy is that it must be consistent with Voluntaryist theory; in short, it must be nonpolitical.

Unfortunately, the quest for a party line is rarely motivated by a desire for information. It is part of a mindset. In this libertarian golden age of hammering out the platform and pushing the “pure” party line, many political libertarians find it inconceivable that an organization could function without words-to-purge by. And the demand for The Voluntaryist party line is not a request for the broad principles which tie Voluntaryists together, but for the specific positions to which they must conform or be purged as heretical. The reply that our position is, in a word, “nonpolitical” is considered to be an evasion. Where specifically do The Voluntaryists stand on nonviolent resistance, parallel institutions, utopian communities, etc.? Specifically, Voluntaryists stand as individuals using their individual judgments concerning the context of a situation and what they consider to be be an appropriate strategy given their own weaknesses and strengths.

This is not to say that, as editor of The Voluntaryist, I do not have strong preferences or that I will give space to any and all nonpolitical approaches. Being open minded does not entail abandoning reason or suspending judgment. It does entail a commitment to consider any strategy which does not defy commonsense – e.g., jumping off a cliff as a grand plan for liberty. I intend to pursue the ones I find most promising and I cheerfully grant other Voluntaryists the same freedom.

But why this open mindedness? If there is a strategy I prefer, one which I think is objectively the most valuable, why not make it the official Voluntaryist methodology? There are at least three reasons why an official strategy would be a mistake. First, nonpolitical strategy within libertarianism is largely an uncharted area which requires far more of a pioneer spirit than a doctrinaire censoring. It is necessary to examine a wide range of strategies in the context of their histories and their compatibility with anarchist theory. Frankly, it is not presently apparent to me whether certain strategies are promising or a deadend.

Secondly, although moral questions adhere to strategy – i.e., is the strategy peaceful, is it political? – any number of approaches can satisfy these moral requirements and be equally valid. Given that a strategy satisfies basic anarchist principles, it should be judged solely on pragmatic grounds: how well does it address specific goals; how difficult is it to implement; does it have undesirable side effects; how well does it embody the personalities and talents of those using it? This somewhat contextual view of strategy is at odds with an apriori party line on what is acceptable.

Thirdly, even if The Voluntaryists had the arrogance to claim perfect knowledge on which strategy best fits any one context, contexts change and strategy must be flexible enough to address these shifts in situation. Flexibility and a party line are at odds. The Voluntaryist have two goals: the development of antipolitical theory; and, the pursuit of nonpolitical means. The “party line” with reference to the first goal is that anarchism and the political process are mutually destructive and morally inconsistent positions. Here, we are pushing a very specific conclusion; to be consistent, anarchists must eschew the political process and truly oppose the State. For those who accept this conclusion in theory, no party line on strategy is necessary. For those who do not, no party line is possible.

I applaud all the inventiveness and creativity I find in the area of strategy. But, then, I’m an old fashioned libertarian. I still welcome diversity.

The Ethics of Voting – Part II


by George H. Smith

3. Institutional Analysis

I have argued that institutional analysis is essential not only to the voluntaryist critique of electoral voting, but to anarchist theory generally. Anarchism combines the nonaggression principle with an institutional view of the State, resulting in the principled rejection of the State on libertarian grounds. For the concept of “anarchism” to be meaningful, the concept of the “State” must also be meaningful. Anarchism presupposes that the State can be defined in theory and identified in practice. The State must possess distinctive features which enable us to differentiate it from other kinds of human association; and there must be criteria by which we can distinguish members from nonmembers (a significant issue, as we shall see).

In addition, the anarchist rejection of the State is usually based on moral arguments. This carries institutional analysis from the descriptive realm to the normative realm, for we are now concerned with how moral evaluation applies within an institutional framework. If, as anarchists claim, the State is invasive per se and therefore inherently unjust, then what does this moral condemnation of an institution imply concerning those individuals who voluntarily become “members” of the State? Few anarchists restrict liability for the State’s criminal acts to direct aggressors only, i.e., to law enforcement personnel. Few anarchists exonerate dictators because they do not personally enforce their decrees. Indeed, anarchists often impute greatest liability to the highest levels of political decision-making (presidents, legislators, etc.), even though these levels are far removed from physical enforcement. (There were more condemnations of President Johnson during the Vietnam War than of individual bomber pilots.) This kind of moral analysis is understandable only within an institutional framework, where individuals are assessed according to their role in sustaining and implementing State injustice, however distant they may be from actual enforcement. Individual acts, in other words, are not judged in isolation, but within a broader context. Inevitably, as, I argued in Part One, this will entail some theory of vicarious liability. Anarchists must present a theory to explain how persons other than direct aggressors can be held accountable for criminal acts. We must explain, moreover, where liability ends and why.

These are not easy problems to solve, and they have been virtually ignored in libertarian literature, The result has been some rather wide gaps in anarchist theory, in which political anarchists have found it convenient to hide when under attack. When institutional analysis is used against the political anarchist, he will often object to this procedure as such (rather than to its particular application in his case) on the ground that institutional analysis, whether descriptive or normative, violates the time-honored libertarian principles of methodological individualism, value subjectivism, individual responsibility, and so forth. The political anarchist, of course, does not examine what these kamikaze arguments would do to his own profession of anarchism. He does not care to explain how, if institutional analysis is ruled out of court, it is possible even to state coherently what anarchism is, much less defend it. Even anarchists are afflicted with a strange blindness when they stoop to defend political power.

It is not my intention to argue for the use of institutional analysis within anarchist theory. I submit that it is already used extensively by political anarchists and voluntaryists alike, but that it usually lurks in the shadows, as if we are embarrassed to expose it to the light of day. It has a suspicious ancestry, this institutional analysis. It smacks of sociology, collectivism, holism, and other things generally repugnant to libertarians. Fear of contamination leads to a failure of nerve — there is, after all, the haunting possibility that anarchism itself will collapse if it rests on institutional analysis — so we go merrily about denouncing the “State” without specifying precisely which individuals constitute the State or how it is possible to pass moral judgment on an institution. (We have been somewhat fortunate that minarchist critics of anarchism have generally overlooked these vulnerable spots — but it is possible that they, too, succumb to institutional analysis.)

4. Describing Institutions

It is important to understand that institutional analysis, as here employed, does not contradict methodological individualism. It does not deny that only individuals act or that social phenomena are reducible to individual actions. One can speak meaningfully of institutions, associations, organizations, and so forth, without implying that these social phenomena enjoy an existence apart from individuals. Methodological individualists are not required to purge their vocabulary of terms like “family,” “church,” “state,” and “corporation.”

Indeed, staunch methodological individualists have used institutional analysis extensively as an explanatory tool. This is evident among Austrian economists who, despite their commitment to methodological individualism and value subjectivism, eagerly analyze free-market institutions (such as money) that result from human action but not from human design. “Institution,” an elusive term at best, is used here in a broad sense to designate a widely recognized and stabilized method of pursuing a social activity (exchange, in the case of money). It is possible conceptually to isolate some feature of social interaction and to study it abstracted from the particular individuals involved. Individual actors are presupposed in this procedure, but their specific identities are irrelevant to the outcome. Individual actors, within institutional analysis, are anonymous. The reason for this, as F.A. Hayek has argued, is because intentional actions have unintended consequences.

“The problems which (the social sciences) try to answer arise only in so far as the conscious action of many men produce undesigned results, in so far as regularities are observed which are not the result of anybody’s design. If social phenomena showed no order except in so far as they were consciously designed, there would indeed be no room for theoretical sciences of society and there would be, as is often argued, only problems of psychology. It is only in so far as some sort of order arises as a result of individual action but without being designed by any individual that a problem is raised which demands a theoretical explanation.”
(The Counter-Revolution of Science, Free Press, 1955, p. 39.)

It is possible to interpret Hayek to mean that only institutions which are themselves the product of spontaneous order are the proper subject of social theory. This would rule out designed institutions (often called associations), such as business organizations, fraternal clubs, and (most relevant to our purpose) modern States. But even these designed institutions exhibit many unintended consequences internally. An automobile factory is designed; its internal division of labor does not emerge spontaneously. The overall purpose guiding the design of an automobile factory is the efficient production of cars. But this may not be the purpose of many (or even most) factory workers. The machinist, the welder, the fitter, the warehouse foreman — these specialized roles can be filled even if the individuals concerned know or care very little about the overall product to which their labor contributes. The structure of a factory is designed, so we may speak of a factory’s “purpose” (i.e., the purpose of its designers). Yet the furtherance of this purpose may, from the perspective of the individual worker, be unintended. This is why it is perfectly correct to say that an individual (the factory worker) may contribute unintentionally to an institutional end (the production of cars).

The need for specialization leads to a division of labor, and this may be undesigned (as in society generally) or designed (as in business organizations). The division of labor in designed institutions (which I shall hereafter refer to as “associations”) leads to the institutionalization of labor or “roles,” to use a term common among sociologists. If a factory needs another welder, it seeks out a qualified individual to fill that role. It is possible to discuss the importance of the welder role in the overall production process without referring to any specific welder. We know, of course, that the disembodied role of welder does not actually weld anything; we always presuppose a flesh-and-blood human being who functions in that capacity. But the specific identity of the welder (his religion, personal characteristics, etc.) and his personal intentions (why he took the job) are immaterial to the successful accomplishment of the institutional end, so long as the welder satisfies the requirements of the role (i.e., “does his job”). This is what I mean when I say that the individual functioning in a role is presupposed but anonymous.

An institutional analysis of an automobile factory would examine roles within the factory, the efficient ordering of roles in relation to each other (which job should be done first? where is the best location within the plant for a particular job?), and the relation of these roles to the desired outcome (does the addition of a tape deck as standard equipment add too much to the car’s price?). We can speak meaningfully of the production process, the production result , and the contribution of roles to both process and result — even if these are unintended from the standpoint of individual workers. The welder may insist that his intention is to contribute to the building of boats — he may adamantly denounce cars as dangerous and swear his eternal hostility to them — but insofar as he fulfills the institutional role of automobile welder, we will insist that he does, in fact, contribute to the building of cars. This may be an unintended consequence of his actions, but it is a consequence nonetheless. (And we should keep in mind that “unintended” does not mean “unforeseeable.”)

Thus, institutional analysis examines individual actions not in isolation, but within the broader context of institutional roles. We can give a purely physical description of the welder’s actions; this is one kind of description. We can also give an institutional description of the welder’s actions; this is another kind of description — one that attempts to link the isolated action to a broader chain of actions performed by others within an association.

Many common terms cannot be grasped using physical descriptions. Such terms, including many political terms, must be defined institutionally. They can be understood only by relating them to the roles and procedures of an association. “Voting” is a pertinent example. Suppose that, in preparation for election day, I construct a “voting booth” in my backyard that is physically identical (within reason) to authorized voting booths located around the city. On election day I enter my booth and pull the appropriate levers. But have I voted? Obviously not. At most I have expressed a preference in a rather bizarre fashion. Unless a voting booth is authorized by the State, whatever goes on in the booth is not described as voting. The physical similarity between my action and real voting is irrelevant. What counts is the institutional framework in which the physical activity occurs. (We shall return to this in more detail in a later installment.)

Institutional analysis also permits us to understand the continuity of associations. The U.S. State, since is formal inception in 1789 (ratification of the Constitution), has undergone many turnovers in personnel. Moreover, it has expanded territorially and has experienced tremendous growth in its laws, regulations, and bureaucracy. But we still refer to it as the same State, and correctly so. This is because the basic structure of the State, including its Constitution, has remained fundamentally unchanged.

Before applying institutional analysis (descriptive) to the State in more detail, let us anticipate somewhat and touch on a problem created for ethical theory by institutional analysis.

5. Division of Labor and Moral Responsibility

The division of labor within associations creates an interesting and often frustrating problem of determining responsibility. We see this in modern States which, as they expand the range and intensity of their political power, have evolved complex and highly specialized internal functions. Attributing responsibility is especially difficult in democratic States, where locating the center(s) of power keeps political “scientists” busy arguing with each other. On the one side are defenders of “elite” theories, who see political power resting in the hands of a small group, or class. This class may be defined economically (e.g., Marxists) or politically (e.g., followers of Mosca and Pareto). On the other side are democratic pluralists (e.g., Robert Dahl) who believe there are many foci of power distributed throughout a democratic State. And there are defenders of various shades in between. (We may be thankful that few sophisticated theorists maintain any longer that political power rests in the hands of “the people.”)

Ralf Dahrendorf addresses the problem of responsibility and its connection to the division of labor in Class and Class Conflict in Industrial Society (Stanford, 1959, p. 297). “Like the division of labor in industrial production,” Dahrendorf notes, the division of labor in political power “has led to the creation of numerous specialist positions, every one of which bears but slight traces of the process of which it is a part.”

“Who produces the car in an automobile factory? The director? The fitter? The foreman? The typist? Every one of these questions has to be answered in the negative, and one might therefore be tempted to conclude that nobody produces the car at all. Yet the car is being produced, and we can certainly identify people who do not participate in its production.”

Dahrendorf applies this same reasoning to the pinpointing of responsibility in a bureaucracy:

“Nobody in particular seems to exercise ‘the authority’ and yet authority is exercised, and we can identify people who do not participate in its exercise. Thus the superficial impression of subordination in many minor bureaucratic roles must not deceive us. All bureaucratic roles are defined with reference to the total process of the exercise of authority to which they contribute to whatever small extent.”

Dahrendorf makes a point of great significance. It may be impossible in some cases to attribute exact responsibility for the exercise of political power. But the difficulty in apportioning responsibility within an association (the State, in this case) does not hinder our ability to separate those who are responsible from those who are not. We can discriminate, in other words, between association members and nonmembers. We can distinguish factory workers from nonworkers.

Similarly, we can usually distinguish members of the State from nonmembers. The President is obviously a member of the State; the factory worker is not. Between these extremes there are shades of gray. What about the executives of a munitions firm that survives entirely from government contracts? What about a mail carrier for the United States Postal Service? Such examples could be multiplied endlessly, and they pose even more problems when we examine totalitarian governments where the private sector is virtually nonexistent (except for the black market).

I shall address some of these problems at a later time. For now we should recognize that the presence of gray does not negate the existence of black and white. To ascertain a precise cutoff point may be troublesome, but this does not mean that the extremes are any less clear. Since the dispute within libertarianism concerns the election of libertarians to significant political offices at various levels, the determination of a cutoff point is not crucial to this analysis. We must first decide whether anarchists can in good conscience become overt members of the State congressmen, etc.); then we can attempt to clear up the fuzzy areas (working for the post office, state universities, etc.).

6. The Modern State

“To really understand the State,” wrote the anarchist Peter Kropotkin, one must “study it in its historical development” (The State: Its Historic Role, Haldeman-Julius, 1947, p. 7). This historical perspective teaches us that the State is a designed institution; it was forcibly imposed to accomplish specific objectives. By understanding these objectives, which have since become institutionalized, we are better able to understand the structure and internal functioning of States existing today. When we examine the division of labor within a factory, it helps to know what the factory was designed to produce. Similarly, when we examine the State, it is vital to know the purpose(s) that generated this complex and massive association. States have varied considerably in their structure and jurisdiction, but all of them fit the description by Franz Oppenheimer in The State (Vanguard, 1926). Oppenheimer distinguishes two basic methods of acquiring wealth: the economic means (labor and voluntary exchange) and the political means (“the unrequited appropriation of the labor of others”). This leads to a succinct description: “The state is an organization of the political means” (p. 27).

The State, for Oppenheimer, is organized theft — a method of systematic plunder. This is true but incomplete. The State is a union of thieves, but not all such unions are States. State theft is distinguished by being legitimized, i.e., its coercive actions are generally regarded by the subject population as morally and/or legally proper. This feature is emphasized by Max Weber in his classic discussion of the modern State:

“A ruling organization will be called ‘political’ insofar as its existence and order is continuously safeguarded within a given territorial area by the threat and application of physical force on the part of the administrative staff. A compulsory political organization with continuous operations will be called a ‘state’ insofar as its administrative staff successfully upholds the claim to the monopoly of the legitimate use of physical force in the enforcement of Its order”
(Economy and Society, Univ. of California Press, 1978, 1, p. 54).

This harmonizes with the notion of the State employed by libertarians in the debate between minarchism and anarchism. For example, Ayn Rand — perhaps the foremost proponent of minarchism — defines “government” as “an institution that holds the exclusive power to enforce certain rules of social conduct in a given geographical area ” (The Virtue of Selfishness, New American Library, p. 107).

“A given geographical area — this allusion to territorial sovereignty recurs throughout the libertarian debates on the legitimacy of government. Although this is important, it is usually overlooked that territorial jurisdiction is a feature not of all States (or governments) throughout history, but of what historians refer to as “the modern State.” This does not mean that such States did not exist before the modern era: the ancient Greek city-states exercised territorial sovereignty, as did the Han Empire of China and the Roman Empire. But the modern States of Western Europe, which were to become models of State-building throughout the world (England and France were especially influential), were not extensions of the ancient world; they developed from the successful, and often brutal, centralization of power by monarchs during the sixteenth and seventeenth centuries. (The origin of this trend can be traced back even further — perhaps to 1100, according to Joseph Strayer, On the Medieval Origins of the Modem State, Princeton, 1970.)

Historians generally regard the sixteenth century as pivotal in the development of the modern State. It was during this period that monarchs began to dominate rival claimants to power (especially the nobility and church). The march to territorial sovereignty accelerated its bloody pace. “The state-makers,” as Charles Tilly notes, “only imposed their wills on the populace through centuries of ruthless effort.”

“The effort took many forms: creating distinct staffs dependent on the crown and loyal to it; making those staffs (armies and bureaucrats alike) reliable, effective instruments of policy; blending coercion, co-optation and legitimation as means of guaranteeing the acquiescence of different segments of the populations; acquiring sound information about the country, its people and its resources; promoting economic activities which would free or create resources for the use of the state . . . Ultimately, the people paid”
(The Formation of National States in Western Europe, ed. Charles Tilly, Princeton, 1975, p. 24)

The American State was also designed, though under different conditions than those in Europe. As part of the British Empire, the colonies were subject to colonial administration. Under the aegis of Robert Walpole, however, the colonies enjoyed a lengthy period of “salutary neglect” wherein mercantilist regulations were loosely enforced, if at all. When this lax policy ended in 1763 — owing to the crushing financial burden incurred by Britain during the Seven Years War — the English found enforcement to be extremely difficult. Lax policies, plus the difficulty of governing from thousands of miles away, had permitted the colonists to evolve their own systems of local government which hindered centralization. A system of “competing governments” arose which prevented either side from attaining complete domination.

This changed with the successful completion of the American Revolution. Revolutions, however just, have unintended consequences of considerable magnitude. Two consequences of the American Revolution are important here: first, debts incurred during the war convinced many of the need for a centralized government with taxing power; second, with the British eliminated, there was no effective brake on the formation of a national State. The major competitor had been kicked out, and the field was clear for those who desired a State, provided it was not the British State.

But a new State (especially one born in revolution against monarchy) faced the considerable problem of legitimacy. A solution was readily found in a written Constitution authorized by “the people.” (We needn’t examine that fraud here.) Thus came into being one of the first modern “power maps” or “manifestoes of nationalism,” to use the apt phrases of Ivo Duchacek (Power Maps: Comparative Politics of Constitutions, American Bibliographic Center, 1973).

The national government maintained its territorial sovereignty (over a growing amount of territory) without serious internal challenge until the Civil War. Sectional conflict between the North and South had erupted long before this, of course, but the political dominance of the Democratic Party (which enjoyed support from both sides) prevented an open break. This unified support disintegrated, however, in the 1850s, largely thanks to Stephen Douglas and his support of the Kansas-Nebraska Act.

A badly divided Democratic Party lost the presidency to the Republicans in 1860; and the deep South seceded in response to the ascension of a sectional candidate to the presidency. Lincoln, an ex-Whig, was thoroughly imbued with nationalist doctrines; and this president who would not have made war to liberate slaves was — nonetheless willing to wage war in order to “preserve the union.” (“Secession,” as Lincoln correctly said, “is the essence of anarchy.”) The Fort Sumter incident provoked other southern states to join the Confederacy, and thus began the bloodiest conflict in American history. Some 600,000 people lost their lives in this titanic struggle between two States, each attempting to establish sovereignty. The most significant chapter in American State-building was written with the blood of thousands.

We see that, however modern States differ in the details of their origin, and however they differ in the extent of their power, all share a common design. All were explicitly intended to establish territorial sovereignty. All insist that they are the final arbiters in matters pertaining to law within a given geographical area. (The scope of the law varies dramatically, of. course, from State to State.) All States proclaim compulsory jurisdiction : a person is regarded as subject to the State, with or without his consent, as long as he resides in or is passing through a certain area (land, sea, or air). This territorial sovereignty is the foundation of all other State activities.

This historical digression is an important ingredient in developing an institutional analysis of the State. The State is a designed institution, forcibly imposed. State-builders had specific objectives in mind, foremost of which was to secure territorial sovereignty. The internal structure of the State was dictated (and continues its evolution today) with sovereignty foremost in mind. Virtually all functions of government — a standing army, an internal police, a monopolistic judiciary, a ruthless taxing power, public schools, etc. — may be seen as supports for the monopolization of power.

After we understand the purpose for which the State was designed, we are able to undertake an institutional analysis similar to the automobile factory discussed earlier. There we discussed how the overall product (the car) may be unintended from the perspective of specialized workers. We also examined the importance of roles in the production process. It is thus possible to refer to an institutional product and process being integral to the factory’s structure. The worker, in filling a role (doing his job), participates in the process and contributes to the product, quite apart from his personal intentions and goals.

Similarly, we may examine the “State-factory,” the institution designed to monopolize power and thereby sustain territorial sovereignty. Sovereignty is the “product” of this association (or the most fundamental among many); a monopoly on legitimized coercion is the “process.” But roles in the State apparatus, like roles in the factory, need human beings to fill them. There are increasing specialization and division of labor as the State expands its power and jurisdiction. Many of the individuals in specialized roles may have little knowledge of, or interest in, the institutionalized process and product to which their labor contributes. Their contribution, in this sense, may be unintended. (But, to repeat an earlier point, unintended does not mean unforeseeable.)

This is what I mean by institutional analysis. And this is what I believe to be implicit throughout much of the writing by libertarian anarchists. I have attempted to show what it means to say that an anarchist politician contributes to State injustice merely by filling a role (i.e., holding political office). I have attempted to show why the intentions of the politician are irrelevant to the process and product of the “State-factory” he has willingly joined. Political offices are indispensable roles in the State apparatus; and I submit that anyone who fills these roles contributes, however inadvertently, to the State process (monopoly of power) and product (sovereignty). The continuance of State power rests, not on the intentions of those who hold political offices, but on the complex structure of the State apparatus, each part of which contributes to the maintenance of State supremacy.

Thus the anarchist politician is like the auto worker who claims to be building a boat, and who professes surprise when a car comes out anyway against his wishes. And is he to blame? Not at all. True, he did voluntarily take on a job at an auto factory. True, he did get paid for it. True, he did show up for work and do the things that an auto worker is supposed to do. But what do such inconvenient facts count against his desire to build a boat?

And so our political anarchist. He gets a job with a political power factory and expects to produce freedom. He may even claim to be a clever saboteur (forgetting that authentic saboteurs never announce the fact). He goes to work, does political things (votes, etc.), receives a State salary, and even swears allegiance to the State. Because of this the voluntaryist suggests that he is in fact contributing to State power, despite his best intentions.

[ Part I ] — [ Part II ] — [ Part III ]

Climbing Off The Bandwagon


 by Wendy McElroy
From Volume 1 Number 3 – February 1983

Two politicians, one of whom is an anarchist, have more in common than two anarchists, one of whom is a politician.

If I persuaded every anarchist in the Libertarian Party to drop out without demonstrating to them a better method of expressing anarchism, it would not be a victory. As a Voluntaryist, I not only want to convince them that politics breeds politics but to induce them to explore and implement strategies consistent with libertarianism. Because nonpolitical anarchists (excuse the redundancy) are often accused of gratuitously sniping at the L.P. without offering constructive alternatives, I want to explain why it is important for Voluntaryism, in its initial stages, to attack the L.P.

Voluntaryists observe that politics will not bring freedom any more than violence will bring peace. It is sadly necessary to stress this fact because so many anarchists have lost sight of it. Anarchists are the natural constituency, the natural recruiting ground, of Voluntaryism. It is assumed that, just as atheists reject God, anarchists reject the State, and would welcome a framework of theory and strategy aimed at delegitimizing and assaulting the system rather than working within it as the system itself encourages them to do. But anarchists-the supposed bulwark of opposition to the State-currently spend most of their time exhorting people to vote and to run for office. Those anarchists who object that no one has the right to political power, that the purpose of anarchism is to abolish the office, not merely replace the face behind the desk, are waved aside as ‘negative’ or ‘naive’. However committed these political anarchists are to a far away vision of the stateless society, from their day-to-day actions there is no way to distinguish them from any other power seekers.

As a Voluntaryist, I am in the almost comical position of telling anarchists there is something fundamentally wrong with politics, of explaining that they cannot be clear steady voices for anarchism while wearing a Clark For President button in their lapels. It is only after I present a solid theoretical case for Voluntaryism and answer objections that I can comfortably move on to the myriad of strategies which will fill the void left by electoral politics. (These strategies will be examined to an increasing degree in upcoming issues.)

Anarchists often claim to be in the L.P. simply because there is no other vehicle for libertarianism. I am suspicious of this argument for two reasons. First, the history of libertarianism and other radical movements is replete with examples of effective non-political, non-violent strategy. Anyone acquainted with the civil rights movement, the antiwar movement, Gandhianism, or the history of Nineteenth Century libertarianism cannot honestly claim there is no other way. If they are not familiar with these movements, they are speaking from ignorance and should educate themselves.

Secondly, I have too often heard the ‘no alternative’ argument used to dismiss moral objections in an off-hand manner as though morality had nothing to do with the real world. This attitude is the death of libertarianism. The strength of libertarianism is precisely what is being dismissed; namely, that it is moral and it is just and no strategic question should ever take precedence over this.

(Fortunately, there is no dichotomy between the moral and the strategic, for strategy is essential. It is the method by which one translates abstract theory into concrete action and feels the principles at work.)

But why reject politics altogether? Why not view it as simply another method within a broad framework of strategy? The obvious response is because it is inconsistent with libertarian principle, but there is another reason to emphasize the moral rejection of politics. Politics is seductive. It offers the illusion of quick, easy victory within a respectable vehicle. There is rousing campaign rhetoric, straw hat enthusiasm and the enviable advantage of an objective measure of success or failure – namely, a vote total. Anarchists who battle over an L.P. plank in a platform that even most libertarians haven’t read can go to bed feeling they have accomplished something concrete. These respectable radicals can draw on the feedback and hype accompanying electoral politics.

In contrast, many Voluntaryist strategies, such as education and non-violent resistance, are long-term and demand courage and patience without always offering an objective measure of short-term success. Voluntaryism has only two advantages: it is correct and it actually can deliver what it promises. These long-term advantages pale, however, beside the quick-kill benefits advertised by politics. Only by fully realizing that politics and politicians are a moral/strategic deadend will anarchists be induced to abandon the quick bandwagon route to liberty and settle down for the long, hard fight it is going to be.

Of course some people still claim that, although the L.P. looks like a political party, talks like a political party and acts like a political party, it is really an educational vehicle. To them I offer the Rothbardian insight – follow the money. When the intentions of an institution or individual are muddy, a sure way to clear up the picture is to follow the cash flow and see what it says about demonstrated preference. I challenge any anarchist to compare the fortune poured into political goals with the money directed toward education and then to repeat that the L.P. is educational. Follow the money.

Inevitably, the rejoinder is that politics is education.

But with what message? That libertarianism is just another political party? How can anarchists oppose the State when the crux of their message is ‘elect my man to office’? This is hypocrisy. I will oppose the claim of a libertarian to the office of senator as tenaciously as I oppose that of a democrat or a republican. Anarchists must realize that a political party cannot educate people toward anarchism; all it can do is destroy the meaning of anarchism.

I do not enjoy tearing people or institutions apart. It is because I understand the necessity of breaking the anarchist fascination with politics that The Voluntaryist editorials will repeat so often the same theme – government cannot bring freedom. Politics cannot bring anarchism. Only by convincing people of this insight will they be willing to adopt the long range strategies toward which Voluntaryism is directed.

No one said anarchism was going to be easy, only that it is right.

The Power of Non-Violent Resistance


 by Jerry M. Tinker
From Issue 27 – Aug. 1987

[Editor’s Note: The following article was adapted from Volume 24 of The Western Political Quarterly (1971) (pp.775-788). Given the insights of la Boétie (discussed in our last issue), I thought this piece would be an especially good follow-up, explaining how non-violent resistance actually works, and showing how it is truly a radical alternative to electoral politics.]

As many writers have noted, the basic thesis, or strategy, upon which Gandhi’s satyagraha and all non-violent resistance rests is that all structures of power – government and social organizations – always depend upon the voluntary cooperation of great numbers of people even when they seem to rely upon coercion. The chief wielders of power, in other words, must have the tacit assistance and cooperation of hundreds or even thousands of persons in order to exercise power. The strategy, then, of those who oppose or wish to change an established power structure, particularly one equipped with overwhelming physical force, is to persuade large numbers of persons to refuse to cooperate with it any longer. This is not the objective of non-violent resistance, but its strategy.

Altering the present power structure, or certain policies or aspects of that structure, is the goal of non-violent resistance; its success or failure in attaining that objective rests squarely on the degree to which its strategy succeeds in inducing individuals to withdraw support from the structure. Once such cooperation is withdrawn, the power structure must at some point come to terms with the resisters; political change is brought about and conflict resolved. Two forces operate in this process: a form of persuasion and a degree of coercion.

Conflict is resolved in society and in government to the extent that a majority, or a substantial portion of individuals comprising it, are “persuaded” – either voluntarily or coercively – to adopt or follow a particular position. Persuasion by violence is part of the well-known story of mankind. Satyagraha, however, attempts to persuade without violence.

As noted previously, the strategy of non-violent resistance is to develop techniques of persuasion that will induce the hundreds of clerks, soldiers, police, heads of departments and thousands of other individuals upon which the opposing power rests, to abandon it – refusing tacitly, if not explicitly, to cooperate with it. The question- is , of course, how does non-violent resistance induce such non-cooperation? In what manner does non-violent resistance persuade? Essentially, it persuades by manipulating techniques that play upon “suffering.”

One of the persistent myths of non-violent resistance is that its persuasion is only accomplished through a particular kind of human reaction to suffering: namely, the opponent supposedly has a guilty change of heart – a sense of remorse – upon seeing poor passive resisters suffering.

This conception of the role of suffering in non-violent resistance makes the fundamental error of presuming that only two persons are involved in the process – the suffering resister and the opponent. One suffers, and the other feels guilty and presumably makes amends. Actually, non-violent resistance operates within a framework involving three actors: the suffering passive resister, the opponent, and the larger, on-looking populace.

Because in every conflict situation the outcome is dramatically affected by the extent to which the on-looking audience becomes involved, this third actor is most important in politics. This concept was best enunciated by E. E. Schattschneider; he calls it “the contagiousness of conflict.” Although intended to analyze the functioning of pressure groups in the United States, his concept clearly has relevance to the operation of non-violent resistance in the political process.

Schattschneider notes that a great change inevitably occurs in the nature of conflict as involvement inexorably expands to include the on-looking audience. Hence, a most important aspect of conflict in the public arena is how, and in what way, the scope of conflict expands. It is unlikely, says Schattschneider, that both sides will equally benefit by an expansion in the scope of conflict, for every change in the battle lines and its composition has a bias: it favors one side or the other. The moral of the phenomenon of the contagiousness of conflict is: If a fight starts, watch the crowd, because the crowd plays the decisive role. In every conflict one protagonist struggles to “privatize” it – to contain it and limit attempts to involve the larger public – while the other attempts to “socialize” it.

The tactics of non-violent resistance seek primarily to create situations that crystallize public opinion – that “involve” it – and which “direct” it against the government, while at the same time legitimatizing its own position. This legitimatization is accomplished when the resister willingly suffers; it demonstrates his integrity, courage, honesty, while showing the injustice, cruelty, or tyranny of the government. The essential function of suffering is comparable to the interaction that takes place between a martyr and a crowd. The resister’s token of power in the face of the opponent’s violence is his capacity to “suffer” in the eyes of the on-looking audience.

The non-violent resister employs techniques calculated to provoke a response from the opponent which can be made to seem unjust or unfair – thus confirming the resister’s claims against the power structure. Yet, were the opponent or government to fail to act, it would abdicate its power, its control over the population, and over the enforcement of its laws. The classic non-violent resistance technique is to suddenly thrust the initiative to the opponent, and thus also the responsibility, for a conflict with unarmed citizens that it cannot avoid and which will have the inevitable consequence of alienating a portion of the on-looking audience. And because the resister is unarmed and “suffers” (going to jail, being beaten, etc.), the onus of responsibility for all the suffering falls squarely on the opponent. Hence, the primary function of non-violent resistance suffering is to re-draw the lines of battle in favor of the resister; it attempts to involve the audience and to coalesce public opinion in ways favorable to him.

How frequently does suffering in and by itself succeed in “persuading” an opponent? Does it really represent a powerful enough force to change an opponent’s course of action – to cause him to abandon the opponent being resisted? Reviews of past cases of non-violent resistance show a mixed picture, and results seem to depend largely on certain significant variables.

First, is the attitude and orientation of the opponent; success seems somewhat dependent upon whether the opponent really cares how a population views him – whether he has any long-term interests in pacifying or winning support. Also, the effect varies upon whether the opponent is the resister’s own countrymen; if foreigners are being resisted, non-violent resisters may more easily play upon common identity and nationalism. Finally, in some societies passive suffering may be viewed with contempt, and it can produce an opposite effect: instead of viewing suffering as noble, they perhaps see it as masochism or “an exploitation of the rulers’ good natured reluctance to allow unnecessary suffering, denying thus any attributes of personal courage or virtue to the sufferer.”

In summary, if non-violent resistance is stripped of its moral and philosophic trimmings, its role in conflict resolution may be simplified as follows:

  1. The strategy of non-violent resistance is to rob an opponent of the public support and cooperation upon which his power ultimately rests. Even though it may seem to rest on violence, all power to be sustained long must at least have the acquiescence of the majority of individuals involved.
  2. The tactic of non-violent resistance involves the use of various techniques – most of which demonstrate “suffering” – to manipulate the interaction of protagonist, antagonist and audience in ways that crystallize public opinion, alienating it from the opponent while legitimatizing the passive resister’s position.
  3. The objective of non-violent resistance is to resolve conflict by forcing, through non-violent coercion, the opponent to seek grounds for mutual agreement and to synthesize a satisfactory solution.

As qualified earlier, this is not to exclude entirely the objective of some non-violent resisters who seek a “change of heart” in an opponent. However, this is not the basis upon which the true efficacy or full political power of non-violent resistance rests.

The success of non-violent resistance rests, to a large extent, on whether it gains widespread compliance within a society. The strategy of robbing the opponent of popular support upon which his power depends cannot be made effective if only a few individuals respond. Most non-violent resistance techniques require mass action if they are to be anything more than just fleeting symbolic acts. A boycott, for instance, presumes participation by great numbers of people.

How does non-violent resistance secure such widespread compliance? What forces and factors induce people to participate or support the resister’s cause? What are the prerequisites for non-violent resistance action?

One method is to clothe the movement and its techniques in the values and norms of society – in things people accept without questioning. Here lies one of Gandhi’s greatest achievements in India; unlike previous nationalist leaders, Gandhi couched his movement in terms and symbols familiar to the mass of India’s population. The result was that the Congress party and the Indian Independence movement became a mass rural movement for the first time. Gandhi had secured widespread compliance, and at that point one can rightly say the last days of the British raj began.

Communication and Propaganda

The first phase of a campaign is characterized by a period of intense propaganda activities: parades, demonstrations, posters, newspapers, and other forms of communication. Propaganda is directed to the opponent, but even more to the populace – to educate and inform both.

Once the resistance movement is launched, there must be continuing means of “spreading the word.” No movement can operate without some form of communication between the leaders and the led. One of the principal organs used by Gandhi was his newspaper, YOUNG INDIA.

Publicity and propaganda are essential tools in securing widespread compliance. Even under circumstances when open publication is banned, a non-violent resistance movement must have some means of communication. There are numerous examples of underground newspapers operating effectively during World War II in Nazi-occupied Europe where non-violent resistance met with considerable success.

Population Pressure

In attempting to insure widespread compliance, non-violent resistance movements benefit from pressures, intentionally applied or not, that work against the public in the same coercive fashion as they operate against the opponent. For example, the technique of ostracism has frequently been used to apply pressure on sections of the public not participating in the resistance campaign.

Aside from any organized attempts at such coercion, there are powerful informal pressures for conformity that also help to secure compliance. The fact that resistance occurs mostly during times of crisis, of national ferment, or of popular unrest, means there is often a greater sense of nationalism – of a particular “we” arranged against “they.” When issues are involved that society says the individual should be involved with (and when the organizers of non-violent resistance are able to cast their program in such terms), there are strong pressures demanding conformity – to do what everyone else is doing.

Consensual Validation

The technique of consensual validation – the phenomenon of simultaneous events creating a sense of validity in their own right – is often useful to coalesce public support. For example, the simultaneous occurrence of mass Congress demonstrations in widely diverse parts of India in 1930 gave a sense of validity to the complaints against the salt tax. It gave the apparent sanction of a widespread section of society and helped rally public opinion all the more. (A minority group can organize a multitude of “front” organizations, and the sense of seemingly widely separated organizations simultaneously advocating the same themes will give the impression that a large body of opinion is represented.)

These, then, are some of the factors that can be utilized in a non-violent resistance campaign to marshal widespread compliance, so essential for success. A second prerequisite for launching a non-violent resistance campaign is careful organization which will also insure training and the maintenance of discipline. In its need for discipline, some have likened Gandhi’s satyagraha to the military. It calls upon the individual to display many of the same virtues associated with violent resistance: courage, strenuous action, enterprise, endurance; “a devotion and sense of unity with one’s own kind; and order, and training.” No one has ever argued that there are any fewer risks involved in non-violent action than in violent resistance – they both imply the possibility of suffering – the only distinction being that in non-violence the resister makes no attempt to physically harm the opponent although he may be faced with a violent response. Obviously, a discipline no less strenuous than that required to steel individuals to face the violence of military action is required to condition those who hope to resist non-violently the same kinds of physical threats.

The basic tactics of non-violent resistance are corollary to the efforts to secure widespread social compliance. In utilizing the various techniques of non-violent resistance, the underlying consideration must be whether they serve to legitimatize or alienate the position of the resister vis-a-vis the “audience.” In order to obtain popular support and compliance, the resister’s methods must seek to place the onus for what happens on the opponent.

Again, a key factor in launching non-violent resistance action is rearranging the conflict situation in such a way that the opponent is suddenly thrust the initiative, and thus also the responsibility for unfavorable developments he cannot really prevent. Thomas Schelling in The Strategy of Conflict has, in almost a devilish manner, developed a hypothetical illustration of this process: If a group of non-violent resisters were attempting to protest unfair railway labor practices, they might, he suggests, dramatically sit down on the tracks of the main railway station halting all trains and disrupting service. Such a move clearly would thrust the initiative to the railway management or government, as well as the responsibility for what happens. If the trains do not stop and run over helpless resisters, the onus is on the government; if the trains do stop, then the government has abandoned its power and weakened its authority. If the resisters are arrested and taken to jail, the responsibility for this suffering is also on the hands of the government which, under certain circumstances, might prove a stimulus for the crystallization of public opinion against the government.

Attention-Getting Devices

Non-violent resistance in the earliest stages usually takes the form of actions calculated to gain attention, or to provide propaganda for the cause, or to be a nuisance to the government and police forces. In 1930 Gandhi used this technique with magical skill: he launched the satyagraha campaign by walking to the sea with 78 disciples to break the salt tax laws. “Day by day the tension mounted,” reports one writer, “as all India followed the elderly Mahatma plodding through the countryside on his crusade.” Then the dramatic moment came; as hundreds of congressmen and government officials watched, Gandhi made salt from the sea, breaking the law and setting the rest of India into a “semi-comic frenzy of producing uneatable salt.” It was a supremely successful “attention-getting device.” Immediately Congress organizations set about to utilize the other attention-getting devices, such as demonstrations, mass meetings and picketing.

The creation of symbols is a universal non-violent resistance device. Even prior to the 1930 campaign, Gandhi had developed a host of symbols – from khadi cloth (particularly the “Gandhi cap”) to the spinning wheel.

Ostracization campaigns – the refusal to speak or be friendly – were also effectively used in the Salt Satyagraha. This was documented in several British reports. In typical bureaucratic British understatement, one form of such ostracization was mentioned in an official report: during an attempt by chaukidars (local guards) to assist officials in making tax collections during a “no-tax” campaign, they were, said the report, “forcibly deprived of their uniforms and subjected to social boycott.”

Non-Cooperation

Techniques of non-cooperation call for a passive resister to behave normally in a slightly contrived way, but not in a way that permits police or government to accuse him of breaking normal laws. Such activities as “slow-downs,” “boycotts,” and forms of disassociation from government, are all examples of non-cooperation. Nearly all Gandhi campaigns emphasized these various forms of non-cooperation; there were boycotts of British manufactured goods (vis., cloth and liquor) as well as British culture. There were innumerable hartals, or the voluntary closing of business activity for a day.

As a tool of non-violent resistance, non-cooperation has been widely demonstrated to be effective in disrupting the processes of society – of severely hampering and challenging the writ of a government – all in a fashion that is most difficult for the government and its police to question. For non-cooperation is only an individual altering his normal behavior in a slightly contrived way. However, when large numbers of individuals do the same, it adds up to a society behaving in a most abnormal manner.

Civil Disobedience

Perhaps the most powerful weapon of non-violent resistance – certainly the most threatening to any government – is civil disobedience. This technique involves deliberate unlawful acts, mostly misdemeanor crimes, done in mass action. Anything beyond misdemeanors crosses the boundary of non-violent resistance. Forms of civil disobedience in the 1930 satyagraha included breaking the salt tax law, general tax laws (non-payment of taxes), no-rent campaigns, laws prohibiting mass meetings, and so forth.

Civil disobedience is a powerful weapon, but to be effective it must be exercised by a large number of individuals. There is a calculated risk involved: the breach of law, whether in a totalitarian state or not, automatically justifies and involves punishment by the government – jail, fines, even death. But if civil disobedience can be organized on a mass scale, it progressively becomes less profitable for the government to carry out its sanctions. The official British reports on the 1930 campaign testify to a government’s dilemma in this regard: “… arrests were rendered impracticable owing to the size of the crowds which had committed breaches of some particular law.” The threatening nature of civil disobedience to a government was most cogently summarized by Lord Irwin, the Viceroy, in a speech to the legislative council in 1930:

In my judgment and in that of my Government the (non-violent resistance) campaign is a deliberate attempt to coerce established authority by mass action… . Mass action, even if it is intended by its promoters to be non-violent, is nothing but the application of force under another form, and, when it has as its avowed object the making of Government impossible, Government is bound either to resist or abdicate.

To “resist or abdicate” is indeed the dilemma civil disobedience presents a government. The tactics of non-violent resistance are to make counter steps by the government not only difficult (through mass action, so that the arrest of hundreds of individuals is unprofitable) – but, as noted above, to also make government accept the onus of responsibility for “repressive” acts.

Again, official British reports provide eloquent evidence of a government’s dilemma in trying to stop passive defiance, yet avoid the onus attached to counter actions. The strategic success of Gandhi in 1930 is seen in the following official refrain:

In the initial stages Government endeavored to avoid making arrests on a large scale; but as the tide of … disorder extended over the country this policy had to be abandoned. On the other hand, the clashes which have occurred between the forces of law and the populace have inevitably created a good deal of bitterness …. And Congress organizers took every opportunity of exploiting for their own purposes the emotions which these incidents aroused. By the simple expedient of staging a procession or demonstration on a scale large enough to force the authorities to take action against it, they could now count in many places upon being able to bring about an automatic revival in popular sympathy for their cause….

To make the official position all the more difficult, and to further complicate enforcement, Congress strategically employed women – (some emerging from purdah for the occasion.) This truly amazed the British, and, as the official reports remark, it “made the work of the police particularly unpleasant.”

Severe repressive measures which a government may wish to use, and may be organized to use, require some justification. The violence of resisters themselves is, of course, the best justification for violent counteraction; but if resisters are non-violent, the government is faced with the dilemma of how to explain their violence or coercion. This explains the tendency of all governments when faced with non-violent resistance to emphasize any violent fringes that may emerge. This was certainly the tactic of the British in India. Time and again official British reports and statements on Gandhi’s satyagraha movement stressed mainly the accounts of terrorist and violent acts (which largely occurred in Bengal). The British regularly repeated the theme that “despite the sincere endeavors of many of the Congress leaders to keep the Movement ‘non-violent’, experience again proved that it is inevitable… that an organized and strenuously conducted campaign of defiance of Government and of the law should result in serious and widespread disturbances.” In the face of non-violent resistance an opponent can be expected to justify his counteraction, which is normally coercive physical force, by seeking examples of breaches in the resister’s non-violence. Gandhi once temporarily suspended non-violent resistance precisely because violent reactions by some Indians threatened to undermine the basic strategy of satyagraha.

Another important stratagem of civil disobedience is to be selective in the laws to be breached. To be most effective, the laws should be related in some manner with the issues being protested or the demands being made. The Salt Satyagraha is again, a perfect example. The salt tax laws were indiscriminate in that they taxed both the rich and poor, being specially hard on the poor. Gandhi thus selected them for contravention “because they not only appeared to be basically unjust in themselves, but also because they symbolized an unpopular, unrepresentative, and alien government.” Their contravention was, in other words, related to the long-range objectives of independence.

Conceived as a political instrument, it can be seen that non-violent resistance does not set out to, nor does it significantly accomplish individual persuasion or change of heart. This is not to say that in politics only coercion is possible, as though politics were wholly rational and that therefore persuasion on a moral basis is irrelevant or impossible. Rather, It Is simply to say that the importance and effectiveness of non-violent resistance rests In the political arena.

It is no exaggeration to say that its ability to manipulate the political dynamics of society is comparable to the effectiveness of coercive techniques of threats and terror in an insurgency. Indeed, it is instructive to note that the strategy of non-violent resistance largely parallels the approach of revolutionary insurgents. The terrorist’s aim is to separate the existing government from its base of power by capturing the institutional supports upon which it rests – either at the top or, in the Mao Tse-tung tradition, at the rural base of the masses. It has been observed that revolutionaries in modern society do not so much “seize” power as destroy and re-create it. The simple creation of disorder will not automatically bring a subversive group to power. It can, however, create a vacuum into which new organizational instruments of power can move.

By all these yardsticks, the Gandhian technique is subversive, especially in the context of India in 1930. However, Gandhi found that he could accomplish the goals of the coercive subversive without terror and violence. He fashioned satyagraha into techniques that attained and shaped the same political ends.

Reflecting on the use and effectiveness of non-violent resistance in other parts of the world – in Europe during World War II, in the Soviet Union, with the Buddhists in South Vietnam in 1963, and certainly with the Negro in the southern part of the United States – it seems clear that non-violent resistance does not depend upon any particular attitude of the opponent or upon the nature of the political system (i.e., democratic vs. totalitarian) to be effective. The strategy and tactics of Gandhian non-violent resistance are relevant in any social conflict situation and in any society because they have achieved a fundamental insight into the dynamics of political and social change. The only aid a democratic framework provides, vs. a totalitarian, is to make the process easier, or at least safer, for the resister – although individual willingness to “suffer” and to sacrifice is as basic to non-violent struggle as it is implicit in violent resistance.

It should be stressed that we have reviewed here the potentiality of non-violent resistance when used within a political system. Its effectiveness against a foreign invasion or as a tool in international relations, naturally involves a number of other, perhaps more complex, variables. However, within the terms of internal societal conflict, or when used against an outside occupier or colonial power, it is clear that satyagraha has continuing relevance. Contrary to many who argue that Gandhi was only successful because he was confronted by a democratic government observing the rule of law, the analysis here shows that his success was due solely to his insights into some fundamental principles of political change operative in any political system. What Gandhi did was to develop a tool – a highly sophisticated tool at that – by which he very successfully manipulated those principles. Gandhi did not so much render his British “opponents impotent through their own virtues,” as some have argued, as he successfully prostrated them on their own terms. He robbed them of their political and social base of support by undermining the cooperation of millions of Indians upon which their rule ultimately rested. The lessons flowing from this are still relevant for our time – in Vietnam, Angola, Alabama, or Quebec, to mention a few.

“Is Gandhi relevant?” ask those celebrating his centenary. The answer is that he is so long as there are those willing to understand and manipulate his tools of non-violent political change. He will be so long as he is simply not dismissed as a “saint,” but seen as the political revolutionary he was. As lndia’s Prime Minister Indira Gandhi has written, “The ultimate justification of Gandhi is that he showed how armed strength could be matched without arms. If this could happen once, can it not happen again?”

Voluntaryist Resistance


 By Carl Watner

[Author’s Introduction of February 2004: This hitherto unpublished essay was first written in January 1983, and then revised in May of that same year. It sat for two decades (receiving only limited private circulation) until it was read by Peter Ragnar of Avalon Mint and Roaring Lion Press. At Peter’s request it was re-edited with a view to posting on the world wide web. The author wishes to thank Alan Koontz (editing of 1983) and Julie Watner (editing of 2004) for their timely assistance in commenting on this essay.]

Introduction

The Voluntaryists are advocates of non-political strategies to achieve a free society. We reject electoral politics, both in theory and practice, as incompatible with libertarian principles. Governments must cloak their actions in an aura of moral legitimacy in order to sustain their power, and political methods invariably strengthen that legitimacy. Voluntaryists seek instead to delegitimize the State through education, and we advocate withdrawal of the cooperation and tacit consent on which State power ultimately depends. Voluntaryists are exclusively committed to using nonviolent strategies to oppose the State. The purpose of this paper is to show why this commitment is a function of voluntaryism and how voluntaryist resistance differs from conventional nonviolence theory.

I. What Is Voluntaryism?

Voluntaryism is a dual doctrine: a) the belief that all human interactions should be voluntary; and b) that the State is an inherently coercive institution, and therefore undeserving of any support. The voluntaryist understanding of the relationship between means and ends precludes both the use of electoral politics and violence. This is the distinguishing mark of voluntaryism, that we are, at once, both nonviolent and nonelectoral.

Voluntaryism is at once an end, a means, and an insight. It signifies the goal of an all voluntary society, one in which all interaction between individuals is based on voluntary exchange, and thus calls for the abolition of the State. Voluntaryism represents a way of achieving significant social change without resort to politics or violent revolution. Since voluntaryists recognize that government rests on mass acquiescence (the voluntaryist insight), they conclude that the only way to abolish government power is for the people at large to withdraw their cooperation. As a means, voluntaryism calls for peaceful persuasion, education, individual civil disobedience, and group nonviolent resistance to the State. Since voluntaryists see a direct connection between the means they use and the end they seek, they realize that only voluntary means can be used to attain the truly voluntary society. People cannot be coerced into being free. The very goal of an all voluntary society suggests its own means. The voluntaryist insight provides the only logical and consistent way of achieving liberty and abolishing the State.

II. The Voluntaryist Insight

The underlying premise of all voluntaryist thought is an insight into the way political society is organized. It has been expressed by many different thinkers over the course of several centuries. The voluntaryist insight is the understanding that every tyranny must necessarily be grounded upon general popular acceptance. In short, the bulk of the people themselves, for whatever reasons, must acquiesce in their own subjection. All oppression demands the cooperation and compliance of its victims. Oppression cannot operate without the sanction of its victims. This is the essence of all voluntaryist thinking and it is important to grasp this concept of “voluntary servitude” because it forms the foundation of many subsequent arguments. It is the basis for voluntaryist resistance since it demonstrates that governments depend on the consent (willing or unwilling) and cooperation of those they govern. If this consent and cooperation can be withdrawn, then State power must disintegrate.

Gene Sharp has succinctly stated the voluntaryist insight and the implication to be drawn from it:

No government can exist for a single moment without the cooperation of the people, willing or forced, and if the people withdraw their cooperation the government will come to a standstill. … Even the most powerful government cannot rule without the cooperation of the ruled. [1]

When people refuse their cooperation, withhold their help, persist in their disobedience and defiance, they are denying their opponent the basic human assistance and cooperation which any government or hierarchical system requires. If they do this in sufficient numbers and for long enough, that government or hierarchical system will no longer have power. This is the basic political assumption of nonviolent action. [2]

In effect then, voluntaryists are arguing that all power ultimately derives from consent, whether it be willingly given or based on reluctant compliance or that derived from strict enforcement of governmental law. This can be summed up by saying “that all rule is permitted by the ruled.” [3]

III. The Means-End Insight

The question of means and ends plays a very significant part in voluntaryist thinking. In conjunction with the voluntaryist insight it provides the justification of our nonviolent, nonelectoral approach to social change. It is nearly impossible to understand voluntaryist resistance without comprehending our vision of means and ends.

There are two important aspects of the means-end insight: the first dealing with the question of means and the second with the end. With regard to the means, it is a common observation that the means one uses must be consistent with the goal one seeks. It is impossible in the nature of things to wage a war for peace or to fight politics by becoming political. “There is a great mystery concealed in the fact that the means are more important than the ends.” Gandhi, perhaps the greatest exponent of nonviolent resistance, grasped this fact. He exemplified his position by stating: “If ones takes care of the means, the end will take care of itself.” [4]

They say that means are after all means. I would say that means are after all everything. As the means, so the end. There is no wall of separation between means and ends. We have limited control over means, and some over the ends. Realization of the goal is in exact proportion to that of the means. This is a proposition that admits of no exceptions. … Our progress towards the goal is always in exact proportion to the purity of our means. This method may appear to be long, perhaps too long, but I am convinced it is the shortest. [5]

What Gandhi is saying to us is that we live in the here and now. The only way we can approach the future is through the present. So the means we adopt and use must inevitably influence the ends we eventually achieve. The only things we have to work with are in fact the means. So it is critically important that the means be kept pure if the ends are to be so.

This means-end insight sheds some very interesting light on the question of gradualism vs. immediatism. For one thing, it leads to the conclusion that one must take action now in order to eventually reach a stateless society. This implies that in fact there is no transition period, or what in fact amounts to the same thing, that every period is one of transition. The important thing for voluntaryists to do is to make a serious attempt to travel in the direction of a stateless society and not be concerned with its imminent arrival. This can only be done by people behaving now in a manner consistent with their ultimate ideal. The idea of an all voluntary society is in fact as much of a guide to present activity as it is a future ideal. This is what is meant by saying that the means are the ends in process.

The second aspect of the means-end insight deals with the question of the end sought. All anarchists share a like goal: the abolition of the State. This goal is based on their commonly shared understanding that all government, by its very nature, is invasive. What distinguishes voluntaryists from all other anarchists is that voluntaryist goals do not stop with the destruction of government. We could still have a society full of violence, even though there was no government. Human beings require an orderly society. (One must question the assumption that governments provide such an environment.) However, political law and government coercion are not the only way to provide for a peaceable existence. [6] Voluntaryists want an all voluntary society, one in which interpersonal relationships are based on mutually agreeable and voluntary exchanges. This is the end of voluntaryism: a regime of peaceful relationships based on respect for self-ownership and proprietary justice. It is this peaceful end which leads us to embrace nonviolence as a means.

IV. The Nonviolent Insight

All libertarians and voluntaryists recognize the right of self-defense, which entails the right to preserve oneself and property with whatever force is reasonably necessary against actual violence or its threat. This right to use force against aggressors stems from our self-ownership rights in our own bodies and justly owned property. Violence, however, is just one form of resistance, which allows us to oppose, defeat, and attempt to frustrate those who violate our rights. The nonviolent insight calls attention to the fact that we may resist both violently and nonviolently in self-defense. “Whether one uses violent or nonviolent resistance in self-defense depends on the nature of the aggressor.”

Voluntaryists are not pacifists since they recognize the right of the individual to use violence in self-defense. Yet, they are often accused of offering a double standard because they advocate nonviolent resistance against the State, on the one hand, and allow for the use of violence against the common criminal. Isn’t the State itself nothing but a common criminal and therefore aren’t those who have their rights violated by the State justified in reacting violently? Such critics misperceive the true nature of the State. The State can only be identified by its institutional features which render it invasive ‘per se’. This is what distinguishes State aggression from common criminality. “Violence may be directed at individuals, but when it comes to the State where is the violence to be directed?” Institutional arrangements can never be touched by violence because they are ideas carried in the minds of people practicing them. Public buildings may be destroyed, public officials murdered, but such efforts will never bring about the destruction of the idea of the State. The State is a state of mind, an idea which cannot be harmed by violence. Ideas can only be attacked with better ideas. Therefore, there is no double standard involved when voluntaryists urge the use of nonviolent resistance against the State. The individual criminal is a real person while the State is an idea, an institutional arrangement. One does not go about extirpating the State in the same way that one defends oneself from a common criminal. [7]

Some anarchists and libertarians argue that the use of force, as in the American Revolutionary War, is justified. Voluntaryists have no qualms about the use of force in self-defense, but since they see State control as essentially an issue of legitimacy, they ask: “How can the idea of legitimacy be attacked with force?” It is possible, although most present governments have armaments and military weapons far superior to those available to the insurgents, that we might rid ourselves of a particular government by resorting to violence. Yet, even if a small, powerful minority were successful in abolishing such a government by violence, how would this affect the larger majority of people who still believed in the legitimacy of the State? State legitimacy will only be destroyed when sufficient numbers of people come to view government actions in the same moral light as that of the individual. If this moral leveling is not brought about, if this delegitimization is not accomplished, then violent revolution must inevitably fail, even if it were successful in battle. The destruction of State legitimacy must precede the advent of violent revolution, and when that has occurred, violent revolution will be unnecessary. Under, any other circumstances, violent revolution will only result in the replacement of one government for another. [8]

Voluntaryists also reject the use of electoral means as the course of changing society. Electoral politics only serves to reinforce State legitimacy. Political parties and their attempts to campaign for and hold State offices are all inconsistent with the final end of a nonpolitical society. Voting, running for office, or holding office are all counter-productive to the voluntaryist goal of delegitimizing the State. (Furthermore, there are profound questions of personal integrity involved in collecting a government salary or swearing an oath to a government constitution.) All such efforts to wield political power are an attempt to exercise power over other people. It is precisely for this reason that voluntaryists do not view electoral politics as a form of nonviolent action.

Nonviolent strategies serve to unite the means with the end because it is only by adherence to nonviolence in practice that we can show the State to be the invasive institution that it actually is. If voluntaryists use violence, then the issue of legitimacy becomes lost because the State can argue that it is defending itself from attack. However, if we take a totally nonviolent stance, the State is either forced to ignore us or to use violent means to throw us in jail or punish us. Either way voluntaryism wins. That is the beauty of nonviolent resistance. By relying on nonviolence, the general public is encouraged to see the State’s actions as violent and aggressive. (This is something that many of them are unable to comprehend from our theoretical arguments, but when they see armed men attacking people who offer no violent resistance in return, there is no question about who is the aggressor and who are the innocents.) On the other hand, if the State tries to ignore our resistance, the public at large must inevitably be encouraged by our success and will eventually conclude that they, too, can ignore the State without any danger. Should the State try to counter voluntaryist resistance with nonviolent tactics of its own, so much the better. Danger to the resisters will be minimized and the public still emboldened. Voluntaryists, by initiating nonviolent resistance, should always be able to counter with more sophisticated forms of nonviolence.

V. Voluntaryist Resistance

Voluntaryist resistance rests on an epistemological rejection of violence. William Godwin, the father of anarchism, stated this quite clearly. Consider, he said, the effect of coercion. It cannot convince, it is no argument. The resort to violence is the tacit confession of imbecility, for one who employs it against someone else would no doubt convince them of their arguments if they could. They use violence because their arguments are weak. In resorting to violence, one is unconsciously agreeing that violence is the surest way of settling conflicts. It certainly is not. Violence and the threat of violence can never solve any of our basic human problems. Nothing permanent was ever solved by violence. Voluntaryist resistance is essentially a persuasive process, which maintains an epistemological bias against violence.

Violent revolution can destroy old institutions before people are ready for new ones. Voluntaryist resistance, because it rests on nonviolence, cannot do this. People will only accept nonviolent resistance as they are ready for it. Voluntaryist resistance allows people to proceed at their own pace, allows resistance to mount as educational activities enlighten people as to their “voluntary servitude”. Voluntaryist resistance builds self-confidence and is a real tool of empowerment because people realize that they can shape the course of their lives and alter long-lived institutions.

Gene Sharp defines “nonviolent action” as those methods of protest, resistance, and intervention without physical violence, in which members of the nonviolent group do or refuse to do certain things. Voluntaryist resistance may simply be described as extending the implications of the voluntaryist insight into nonviolent action.

Voluntaryist resistance, like Gandhian Satyagraha, is essentially a matter of the will. Strength does not come from physical capacity, rather it comes from an indomitable will to resist. Such purposefulness can only come from an inner conviction that one’s position is just. Voluntaryist resistance is less a matter of repelling violence than of enlightening deceived subjects. It is inculcating a mental and moral opposition to tyranny in one’s self and others.

One might argue that voluntaryist resistance requires a greater degree of courage than the resort to violence. Voluntaryist resistance is a manifestation of both inner and outer strength. Gandhi expressed this well when he wrote:

Nonviolence does not mean meek submission to the will of the evil doer, but rather the pitting of one’s whole soul against the will of the tyrant. Nonviolence is not of the weak but of the strong. [9]

The goal of voluntaryist resistance is to abolish the political power structure and its success or failure in obtaining that objective rests squarely on the degree to which its strategy succeeds in delegitimizing the State and in inducing people to withdraw their support from the government. Its major strategies rest on education (which heightens public awareness of the evils of the State) and in persuading large numbers of persons to refuse to cooperate with the government. The particular tactics of voluntaryist resistance seek to create situations that crystallize public opinion — that “involve” it — and which “direct” it against the government. Voluntaryists must structure the conflict situation with the government in such a manner that the government becomes responsible for the resulting actions. Mass non-cooperation and widespread civil disobedience present a “resist or abdicate” dilemma to the government. In resisting voluntaryist demands, the government becomes responsible for its own repressive acts. In abdicating, the government not only loses face but political power.

Thus, the one key ingredient of voluntaryist resistance is the adherence to a strict policy of nonviolence, even in the face of the utmost government brutality. Governments will want to provoke nonviolent resisters to violence in order to justify their own severe repression. However, if the resisters remain true to their nonviolence, the government is faced with another dilemma, that of explaining its own violence and coercion. “This explains the tendency of all government when faced with nonviolent resistance to emphasize any violent fringes that may emerge.” Only by holding fast to nonviolence can public opinion be brought around to the side of the voluntaryist. Voluntaryist strategy remains the same regardless of the totalitarian nature of the government it faces because it is based on fundamental insights into the nature of political power. Voluntaryist resistance seeks to rob the State of the public support and cooperation on which its power ultimately depends. It aims at attracting the sympathy and support of those third parties who tacitly support the State. It does not depend on converting members of the ruling class or the bureaucracy. Nor is it dependent on the particular form or structure of political power. “The only aid a democratic framework provides, vs. a totalitarian, is to make the process easier, or at least safer for the resister.” [10]

Public opinion, particularly among libertarians, must be cultivated so that many people come to understand their own potential for undermining State power. “Even a power that a particular moment in time may seem invincible” should be viewed as vulnerable. [11] The creation of this realization must spread among large numbers of people, who in turn, engage in collective actions based on voluntaryist strategies. This in turn requires careful organization, training, and adherence to the discipline of nonviolence. Voluntaryists are dedicated to developing the educational programs, and inculcating the will and solidarity necessary for mass corporate resistance.

Group resistance overcomes the weakness of the individual when confronted by the State. Both the quality and quantity of the resisters is important. Numbers are important because it lessens the chance that any one person will be punished or singled out when they act in concert with a large group of people. Secondly, the more resisters, the fewer available to enforce the ruler’s will. Thirdly, large numbers of resisters lends credibility to one’s position because it demonstrates potential power and indicates the fact that many people see the rightness of the resisters’ position. There are numerous ways that corporate resistance can be focused in order to confront the State at its weakest points, but one must understand that even large numbers of resisters are no guarantee of success. Numbers are no substitute for dedication and loyalty to means and ends. Voluntaryist resistance involves danger for both the individual resister and the group because it involves tension and creative conflict. The chance always remains that one may die for one’s cause. As Martin Luther King put it, “One must be prepared to die, before one can begin to live.” [12]

VI. Systemic Revolution and the Lessons of History

Voluntaryism is essentially a subversive philosophy because it recognizes that the enemy is not a few men and women in political office, but rather the whole political system. Voluntaryists realize that systemic revolution grows out of the disintegration of consent and not violence. Voluntaryist resistance serves to veto the actions of those in political power by engineering the withdrawal of support. Voluntaryists eschew the seizure of power because of the pregnant possibility of corruption, but nevertheless they do effect fundamental change. Voluntaryism is revolutionary in the sense that, it brings about radical change, but it is non-revolutionary in respect that it does not exercise power.

Voluntaryist resistance is essentially a control over power rather than a form of power; “a technique that is limited to limiting and destroying power”; not a new group of people coming into power. [13] If the State can be used to remove our fetters, then it can be used to replace them. Voluntaryist resistance is much less likely to bring about tyranny and oppression in its wake because voluntaryists do not seek power in order to reform it. They renounce power in order to abolish it and thereby attempt to harmonize the means with the end.

While past history cannot tell us for sure whether a voluntaryist movement will be successful, we do have the benefit of learning from history. It is possible that a new State may arise in the wake of a nonviolent revolution, but if history teaches us anything, it is that every revolution effected by force sooner or later ends up re-establishing the tyranny it undertook to overthrow. Every ideology that has sought to master the State through violence has in the end become its servant. Violent revolutions invariably end up increasing centralization and statism. Under any circumstances voluntaryist resistance could hardly fare worse.

From a voluntaryist perspective, a government only has the power to inflict that which we lack the strength to resist. The many centuries of experience with nonviolent resistance by the Quakers prove that even a small, but serious, group of nonviolent resisters can have an impact on their society far out of proportion to their numerical strength. The quality of their resistance and their ability to willfully oppose the system is what counts.

The question at hand is not whether our efforts actually achieve a voluntaryist society in our lifetime, but rather how we go about trying to achieve that noble goal. Voluntaryist success must be judged by how well one adheres to the means. “If one takes care of the means, the end will take care of itself.” In the long run, from the point of view of the individual voluntaryist, the success or failure of the movement cannot be the most important consideration. As Gandhi said, the seeker after truth must be prepared to renounce the fruit of his actions. He also added that non-cooperation with evil is a duty. Thus he argued for the performance of duty irrespective of the consequences.

How many of the Russian dissidents thought they would have any effect whatsoever on the communist system? But did that deter them from acting? As Vladimir Bukovsky, one of the dissidents, so eloquently wrote:

We had grasped the great truth that it was not rifles, not tanks, and not atom bombs that created power, nor upon them that power rested. Power depended upon public obedience, upon a willingness to submit. Therefore each individual who refused to submit to force reduced that force by one 250 millionth of its sum. …

We weren’t playing politics, we didn’t compose programs for the liberation of the people, we didn’t found unions. … Our sole weapon was publicity. Not propaganda but publicity, so that no one could say afterward, “I didn’t know.” The rest depended on each individual’s conscience. Neither did we expect victory — there wasn’t the slightest hope of achieving it. But each of us craved the right to say to our descendants: “I did all that I could. I never went against my conscience.” [14]


Endnotes

  1. Mahatma Gandhi cited by Gene Sharp, Gandhi as a Political Strategist With Essays on Ethics and Politics, (Boston: Porter Sargent Publishers, 1979), pp. 11, 33.
  2. Gene Sharp, The Politics of Nonviolent Action (Boston: Porter Sargent Publishers, 1973), from Part One, “Power and Struggle”, p. 64.
  3. Judith Stiehm, Nonviolent Power, ((Lexington: D.C. Heath and Co., 1972), p. 65.
  4. Mahatma Gandhi cited by Gene Sharp, Gandhi as a Political Strategist, op. cit. p. 290.
  5. Ronald Duncan, Selected Writings of Mahatma Gandhi, (Boston: The Beacon Press, 1951), pp. 242-243.
  6. For an explanation of why government purposefully conflates the ideas of “law and order” see John Hasnas, “The Myth of Law and Order,” The Voluntaryist, Whole No. 123, 4th Quarter 2004, p. 7, reprinted from John Hasnas, “The Myth of the Rule of Law,” Vol. 1995, Wisconsin Law Review (1995), pp. 199-233. Especially see Section XII. Excerpts from Hasnas’ original article also appeared in The Voluntaryist, Whole Nos. 97 and 98 (1999). Other commentators have noted the society is able to exist without the State and government policemen. When the Roman empire finally came to an end in 476 A.D., “[t]he state disappeared, yet society continued.” [Carroll Quigley, Tragedy and Hope, New York, The Macmillan Co., 1966, p. 83.] “Great part of that order which reigns among mankind is not the effect of Government. It has its origins in the principles of society and the natural constitution of man. It existed prior to Government, and would exist if the formality of Government was abolished.” [Thomas Paine, Rights of Man (1792), Ch. 1, Bk. 2.]
  7. If the current U.S. government were to suddenly disappear, “the present American slave mentality would only erect another system of slavery [read: government].” [Franklin Sanders, The Moneychanger, October 1994, pp. 3-4.]
    On the institutional analysis of the State, see George H. Smith, “The Ethics of Voting”, The Voluntaryist, Vol. I, Nos. 1, 2, and 4. Credit is also due Alan Koontz for helping to develop these ideas.
  8. Francis Tandy, Voluntary Socialism, (Denver, by the author, 1896), see Chapter XIII “Methods”, esp. pp. 186-188. Excerpts reprinted in Carl Watner (ed.), I Must Speak Out, San Francisco: Fox & Wilkes, 1999, pp. 57-61.
  9. Mahatma Gandhi cited by Gene Sharp, Gandhi as a Political Strategist, op. cit., p. 9, and by Duncan, Selected Writings, op. cit., p. 60.
  10. Jerry Tinker, “The Political Power of Non-Violent Resistance: The Gandhian Technique”, 24 Western Political Quarterly (1971), pp. 775-788, see pp. 786 and 789. Reprinted as “The Power of Non-Violent Resistance,” in Carl Watner (ed.), I Must Speak Out, San Francisco: Fox & Wilkes, 1999, pp. 69-78.
  11. Judith Stiehm, Nonviolent Power, op. cit., p. 68. How many people ever imagined that the Soviet Union would collapse?
  12. Fred Shuttlesworth cited by Martin Luther King, Jr., Why We Can’t Wait, (New York: New American Library, 1964), p. 58.
  13. Stiehm, op. cit., p. 71.
  14. Vladimir Bukovsky, To Build a Castle – My Life as a Dissenter, (New York: Viking Press, 1977), pp. 33, 277.

Golden Disobedience


 By Sandy Sandfort

Back on April 5, 1933, His Majesty, Franklin Delano Roosevelt (FDR), had a pen and a telephone. So he issued Executive Order 6102, which made it a federal crime for Americans to own or trade gold anywhere in the world. There were some minor exceptions for some jewelry, industrial uses, collectors’ coins, and dental gold, but the vast majority of the gold had to be turned in.

My father instantly understood what was going on and he didn’t like it. “They’re going to devalue the dollar!” he predicted.

Roosevelt didn’t give much time to comply either. The deadline was May 1. And if Americans did not comply, they faced criminal prosecution under the Trading with the Enemy Act of 1917. Scofflaws were looking at a fine of up to $10,000 (1933 dollars, about a third of a million dollars today) and up to ten years in prison.

My parents made the conscious decision to become outlaws.

At every possible opportunity for the next three weeks (and substantially longer), my parents followed Gresham’s law (“Bad money drives out good.”), not federal law. They spent paper and collected gold. My father was a dentist, so he could own some dental gold, but that wasn’t enough. He wanted to convert as much paper into gold as possible. So he gave his patients discounts for payment in gold. “Sam,” a neighbor who was a banker, also helped collect gold for himself and my parents. They would repay his help later when they periodically ‘laundered’ gold for him and themselves.

Even after the deadline, gold still kept coming in. Mostly it was from people who didn’t have the time or the inclination to turn in their gold to the government. However, many feared prosecution and were happy to deal with my parents instead of FDR. Plus they got a better deal.

So where did they launder their tidy little nest egg? Why, “South of the Border, Down Mexico Way,” of course. Mexico had no Executive Order 6102.

My mother was born in the mountains above Albuquerque, New Mexico, and spoke fluent Spanish. She and my father loved traveling though the backwaters of Mexico. At first, they traveled alone, and later, after my brother and I came along, the whole family (including the dog) would go exploring in the land of mañana. (Somewhere there is a picture of me, age one, sitting on a portable potty, experiencing my first-ever bout with “Montezuma’s revenge.”)

My parents carried whatever gold they intended to sell, stashed in the car or on their person. The usual routine was to go to the section of town where casas de cambio were found. (Think of it as the “Street of the Money Changers.”) My mother – all 5’1” of her – would go down the street and show a gold double eagle to every money changer at every kiosk and storefront. In Spanish, she would ask, “How much will you pay for these?” When she found the best price, she would give my father the high sign. He would join her and they would conclude the deal. Sometimes the gold was theirs, sometimes, Sam’s. Sometimes they got pesos and sometimes dollars, depending on what they needed at the time.

So, the ‘illicit’ gold paid for a fun trip and got converted to ‘clean’ funds for themselves and Sam. What’s the crime in that?

And the Beat Goes On…

My family never showed much respect for government laws, per se. No victim, no crime, even if the government disagreed. The general ethical belief of the Sandfort family was pretty much in harmony with the Golden Rule. It had worked for cultures and religions for thousands of years and it worked for us. That was our law. Man-made laws either adhere to the Golden Rule (don’t murder people, duh) and so are unnecessary, or they violate it, such as “The War on (Some) Drugs,” so they were nominally complied with, ignored, or circumvented.

So, when wartime laws said that a seller had to follow certain rationing rules to sell his own products, many buyers and sellers simply conspired to make their own decisions. When my parents needed and could afford a new car for business, the local Chevy dealer was happy to ‘cook the books,’ take their money, and give them a new sedan.

Later, when my family traveled in that car and others, my mother would prepare food for us to eat as we drove. We stopped only for gas… and the agricultural inspection station at the California state line. Of course, we had items that we were required by law to declare, but if you hide them in your backpack or under the car seat and lie, you can save a lot of time and keep from having to throw away perfectly good food.

And then there was the time we smuggled a live Mexican iguana in a cigar box, but don’t get me started. …

[This article first appeared in Paul Rosenberg’s FREE-MAN’S PERSPECTIVE, Nov. 24, 2015.]

You Must Cheat on Your Taxes to Survive


By Anonymous

The most basic and important lesson I learned while growing up [in my father’s store] was that you must cheat on your taxes to succeed or even survive in business, and that most everyone who could, did so. It all began when I realized we treated the front “cash” register different from the “back” cash register. After a little persistent questioning, my father said that we paid taxes on one, but not necessarily the other. He explained that if we paid taxes on every dollar of sales, we would barely break even, and that if we went out of business both we and our customers would be worse off. The meaning of this was clear to me and I understood its implications. This was not stealing. It was our money and if we gave it to the government they would just go and build more urban renewal [or spend it in ways different than those who paid it would have chosen]. Getting “let in on” the family business made my job even more enjoyable, and I would regularly divert sales to the tax-free register.

As I learned more about our operation, it seemed like everything we did violated some government rule or other, but none of the regulations – from recycling prescription bottles to the location and storage of cocaine – made sense. We never got caught and never got sued. I never heard a customer complain and we had plenty of happy long-term customers of all races and creeds.

[This article first appeared on page 6 of THE VOLUNTARYIST, Whole No. 152, 1st Quarter 2012.]

Two Undergrounds: The Case for Disobedience to Wicked Laws


By Carl Watner

In October 1850, several weeks after the date of the enactment of the second Fugitive Slave Law, Charles Beecher, pastor of the Free Presbyterian Church of Newark, New Jersey, preached a sermon entitled “The Duty of Disobedience to Wicked Laws. ” He argued that the moral obligation to “feed the hungry and clothe the naked” included the slave and the fugitive, and urged people to break the Fugitive Slave Law:

DISOBEY THIS LAW. …I counsel no violence, I suggest no warlike measures of resistance. I incite no man to deeds of blood. …As much as lieth in you, live peaceably with all men. To the fugitive, touching the question of self-defense, I offer no advice, as none can be necessary. The right of self-defense is unquestionable here, if ever. Of the expediency of its exercise, each man must judge for himself. I leave the question of self-defense undiscussed, to the settlement of every man’s own judgment, according to circumstances.
But if a fugitive claims your help on his journey, break the law and give it to him. The law is broken as thoroughly by indirectly aiding his escape as directly, for both are penal. Therefore break the law, and help him on his way, directly if you can, indirectly if you must. Feed him, clothe him, harbor him, by day and night, and conceal him from his pursuers and from officers of the law. If you are summoned to aid in his capture, refuse to obey. If you are commanded by the officer to lay hands on the fugitive, decline to comply;… .

During the years since 1850, there have been occasions in American history when opponents of statist “law” either openly disobeyed it or secretively went underground in order to evade it. This includes the original Underground Railroad, conducted by the Quakers and abolitionists, as well as the latter-day underground railroad by which draft resisters were removed to Canada during the Viet Nam War. Today another underground railroad exists. Thousands of mothers (with their sexually abused children in tow) are fleeing their abusive husbands and exhusbands when the courts refuse to protect the children from their fathers. Most often they are in violation of state custody and visitation laws, and frequently there are outstanding warrants for the mother’s arrest. The mothers subject themselves and their children to the arduous and sometimes frightening life on the run in the hope that they can leave their past behind them, and eventually settle into new lives, under assumed identities.

Sparked by a cover article they read in U.S. NEWS AND WORLD REPORT (June 13, 1988, “Mothers on the Run”), Patricia and Kevin Cullinane, operators of Freedom School, became part of this modern-day underground network. The article spoke of the unofficial head of the southeast underground, Faye Yager, who had experienced first-hand the frequent injustices of the courts in these matters, and decided to do something about it. The Cullinanes contacted her, and offered to become a “safehouse. ‘ Much like the Underground Railroad of yesteryear, their experiences have paralleled many of those who have resisted State authority in the past. Besides presenting a brief overview of voluntaryist resistance and disobedience, this article will indicate the similarities between the Cullinanes’ attempt to protect one underground family and the attempts of the abolitionists to shield fugitive slaves.

From September 22, 1988 until September 9, 1989, Freedom Country, the home of Kevin and Patricia Cullinane, had been the hiding place of Dona Washburn and her four children, ages 5 to 10.* Dona Washburn’s life on the run began in May 1988, when a ten-year old nephew reported that her husband, Derrell, had sexually abused him. After talking with her children, Dona soon came to believe that her husband had also been abusing their children for a number of years. (It was only later that she learned that several prominent members of the Macon, Georgia community where she lived had been involved in perpetrating this abuse as part of a large child pornography ring.) She immediately began working with the Georgia Department of Family and Child Services, but the resulting investigation was inept and nearly non-existent. Medical evidence corroborating the childrens’ stories notwithstanding, Dona believed her children were in imminent danger of being returned to the custody of their father. She then requested assistance from Faye Yager, who helped Dona and her children find a safe refuge.

After moving from house to house, around the country, Dona and her children finally arrived at Freedom Country in Campobello, South Carolina in September 1988. They moved into the Cullinanes guest house, where they lived rent-free; the Cullinanes provided all their food and necessities. Knowing that a federal warrant for her arrest on charges of parental kidnapping had been issued in June 1988, Dona did not work and homeschooled her children. Their safe refuge came to an end on September 9, 1989.

At about 7:40 a.m. that Saturday, the coercive apparatus of the State converged upon the Cullinanes and Dona. A large contingent of federal, state, and county authorities raided Freedom Country. Led by at least one F.B.I, agent, approximately 40 Spartanburg County (S.C.) deputies and State Law Enforcement Division personnel cut through a locked gate, and sledge-hammered down the door of the house where Dona and her children were living. A helicopter circled overhead, to prevent escape on foot, and the five fugitives were quickly rounded up.

At the same time as the authorities were rounding up the Washburns, Kevin Cullinane and his wife were awakened, with guns trained on them, and were told that the F.B.I, was there. Kevin rolled out of bed, grabbing and cocking his .45 pistol, and demanded to see a search warrant. As soon as he ascertained the warrant was legal, he put his gun down on the bed and stepped away from it, never having pointed it at anyone. Shortly thereafter, hearing the screams of Dona’s children, knowing there were other loaded guns in the house, and realizing his self-control might slip, Cullinane requested that he be handcuffed in order to restrain himself. The F.B.I, agent in charge of the raid complied with his request, placing Kevin under arrest and taking him (with Dona) to the nearest federal detention center. Kevin was not arrested for threatening law enforcement officers with his gun, but rather because he was handcuffed. According to judicial guidelines a person is not to be handcuffed unless first placed under arrest. Despite the fact that Dona and her children had been seized before he was handcuffed, Kevin was charged with violently interfering and impeding a federal officer who was serving and executing a search warrant. Conviction on such criminal charges carries a potential fine of $250,000 and up to ten years in jail.

Although Dona was extradited to Georgia, and bailed out on $15,000 bond, Kevin was detained in jail for 11 days before his bail was set at $425,000. Using his real estate property as bond, he was released, but not before discovering that the common law rule of “innocent until proven guilty” had no application to one accused of committing a serious federal crime. Kevin was subsequently indicted by a federal grand jury, but a trial date had not been set at the time of this writing. Meanwhile Dona is fighting a legal battle for determining who will retain custody of her children. For the time being, the state court in Macon has ordered them into protective custody, meaning that the state acts in loco parentis, until a final decision is reached.

Although Dona’s case has not received much national publicity, there is at least one “mother on the run” who has been in the national spotlight. Elizabeth Morgan, a successful Washington, D.C. plastic surgeon and author, was jailed in August 1987, because she would not disclose the whereabouts of her then five-year old daughter, Hilary. Citing medical and psychological evidence, Dr. Morgan had accused her ex-husband, Dr. Eric Foretich, a prosperous Virginia oral surgeon, of sexually abusing their daughter since 1983. Citing his own expert witnesses and evidence, Dr. Foretich denied the allegations of abuse, and claims that Hilary was coached to lie about him. When the D.C. courts continued to permit unsupervised visits by her ex-husband, Dr. Morgan hid Hilary in 1987. For refusing to tell the court where Hilary was hidden, Dr. Morgan had her home seized, was fined $200,000, and was ordered to pay her ex-husband’s legal fees. She was also held in civil contempt of court, and ordered imprisoned until she was ready to comply with the court’s order that she disclose Hilary’s whereabouts. Refusing to divulge the secret, she was held in jail over two years, until Congress passed a special law in September 1989, designed to release her. (The bill provided that no resident of Washington, D.C. should be imprisoned for more than one year on contempt of court in a child-custody case.) As it was, Dr. Morgan was held in jail for civil contempt longer than anyone else in the judicial history of the United States. Without the special legislation, she could have remained in prison until her daughter was 18 years old, and beyond the court’s jurisdiction.

The use of civil contempt orders to enforce court decrees is nothing new. Passmore Williamson, a Quaker lawyer in Pennsylvania, became an abolitionist hero when he was held in jail for three months during 1856, for participating in the rescue of a female slave and her children, who had come to Philadelphia with their master. After being accused in state court of forcible abduction and assault, he was imprisoned for contempt of court, when he said that he did not know where the slave mother was.

The pre-Civil War Underground Railroad began in the early decades of the 19th Century, as Quakers and other sympathetic northerners attempted to assist slaves making their way to Canada and to freedom. Some conservative Quakers opposed taking part in the Underground Railroad because it was illegal, and some of the most zealous Quaker participants like Isaac Hopper of New York—of whom it was said, “fugitive slaves know him as well as they know the North Star”—were even disowned by their own meetings. Another Quaker, Levi Coffin, was one of the major figures of the Underground Railroad in the midwest. Often referred to as the “President of the Underground,’ Coffin harbored more than one hundred fugitives a year in his house in Newport, near Richmond, Indiana. Another Quaker member of the Underground was Thomas Qarrett, a shoe merchant in Wilmington, Delaware. A big confident man, he gathered around him a group of people, black and white, violent and nonviolent, who rendered assistance to fugitive slaves. One such person was Harriet Tubman, the Negro conductress who made a score of trips into the South to lead slaves to freedom. Qarrett himself lost all his worldly possessions in 1848, at sixty years of age, when he was prosecuted by a Maryland slave owner and had a judgment levied and executed against him for having helped the man’s slaves escape.

It is estimated that the Underground Railroad helped between 40,000 and 100,000 slaves, but not all escapes were successful. Henry “Box” Brown was one of the lucky fugitives. In 1849, he originated the idea of being shipped north in a wooden box. Samuel Smith, a Richmond shoe dealer who made the box for Brown, helped two other slaves by making them boxes and shipping them off. However rumors about Smith’s boxes had spread and the boxes were intercepted. The slaves were forced back into slavery, and Smith went to prison for seven years for violating state and federal fugitive slave laws. These statutes were passed by the southern states, as well as by the federal government, in order to enforce the provision of the U.S. Constitution which required that a “person held to service or labor in one State, …escaping into another shall, ” not “be discharged from such service or labor, but shall be delivered upon claim of the party to whom such service or labor may be due.” (Article IV, Sec. 2, sub 3.)

The first federal statute of 1793, provided that any federal district or circuit judge or any authorized state magistrate could decide (without a jury trial) the status of an alleged fugitive. This measure met with resistance in the northern states, resulting in the passage of state Personal Liberty Laws (Indiana, 1824; Connecticut, 1828; New York and Vermont, 1840; Massachusetts, 1843; Pennsylvania, 1847; Rhode Island, 1848) under which state officials were prohibited from enforcing the law or permitting the use of state jails to hold fugitives captured by the federal authorities. Some state laws extended the right of jury trial to those fugitives who appealed the original judicial decision ordering them to be returned to the south.

The second Fugitive Slave Law (which was passed as part of the Compromise of 1850, and which was not repealed until 1864) made life more difficult for the escaped slave, as well as for those assisting him. First, federal judges were no longer to decide the fate of the slave; rather special commissioners were to make decisions in a summary hearing. Second, the fugitive slave could no longer testify in his own behalf, and he was still not entitled to a jury trial. Third, penalties were imposed upon marshalls who refused to enforce the law or from whom fugitives escaped; those convicted of assisting the fugitive could be fined $1000 and jailed for six months. Emphasis was placed on convictions, since the special commissioners were paid a fee of $10 when their decisions favored the claimant, and only $5 when they favored the fugitive. As a result of the new federal law, resistance in the northern states increased and a new spate of Personal Liberty Laws was passed. These laws forbade state officials from assisting in the recapture of slaves, extended the right of habeas corpus and trial by jury to the fugitive, and punished false testimony severely. At least one confederate state referred to these laws as a justification for secession at the outbreak of the Civil War.

The new federal law strengthened the will of those opposed to slavery. It resulted in heightened activity on the Underground Railroad and prompted anti-slavery men to rescue slaves who were being held in the north, pending their return to slavery. The first attempt after the passage of the act to return an escaped fugitive from Boston met with failure in early 1851. Federal officers arrested Shadrach, a waiter in a Boston coffeehouse, on the claim that he was an escaped Virginia slave. He was taken to the courthouse, but a large mob of free Negroes entered the courtroom. Moving about in a hubbub of laughter and jostling, the mob leaders hid Shadrach from the view of the officers long enough to rush him out of the room and start him on his way to Canada. Secretary of State Daniel Webster, called the rescue treason, and it induced Senator Henry Clay to call for strengthening the provisions of the new law. When Thomas Sims, another Negro, was apprehended later the same year in Boston, the federal authorities viewed his rendition as a test of their strength. The courthouse was ringed with chains and troops. William Lloyd Garrison’s LIBERATOR proclaimed, ‘Justice in Chains. ” A vigilance committee plotted another rescue, but the attempt was unsuccessful.

By 1854, some fifty or sixty slaves had actually been forced to return south under the Fugitive Slave Law. In that year, Anthony Burns, a young Negro tailor and ministerial student in Boston, was claimed by a Virginia slave owner. Abolitionists in Boston became determined to resist his removal. Officials held Burns in a courthouse. A small group of men, led by a local antislavery pastor, Thomas Wentworth Higginson, battered the courthouse door down with a wooden beam. In the process a guard was killed and the mob retreated, deciding that its numbers were insufficient to effect Burns’ rescue. State and federal troops poured into Boston to prevent another rescue attempt, and large crowds milled about the courthouse. Public sentiment was clearly against any attempt to take Burns south: William Lloyd Garrison and three hundred friends of liberty marched about the courthouse square carrying freedom placards; protesting citizens draped their stores and offices in black or hung American flags upside down; all day and night Negroes stood on the sidewalk outside the hotel where Burns’ master was staying, in a nonviolent protest vigil. Officials gathered the largest military force in Boston since the time of the American Revolution to prevent citizen interference when Burns was taken from the courthouse to a waiting government cutter in the Boston harbor. Although Burns was returned to Virginia, further protest meetings were held in Massachusetts. At one in Framingham, William Lloyd Garrison held up a copy of the Fugitive Slave law and burned it. Then he held up a copy of the United States Constitution under which Burns had been returned to slavery, and he denounced it as “a covenant with death, and an agreement with hell. ” Thereupon he burned it, saying, “So perish all compromises with tyranny! ”

The question of obeying or disobeying the law is an age old question in Western political philosophy. So long as there have been organized political States, men have been faced with the problem of what to do when the dictates of their reason and conscience tell them to do otherwise than what the State commands them to do. Though the consequences may not be simple or palatable, the voluntaryist answer is relatively straight forward—obey no law which violates one’s conscience (especially those which require the doing of physical harm or injury to another person). Law in the voluntaryist sense of the word is something existing in the nature of the real world, such as physical laws (i.e., the law of gravity), or something required by the nature of man, such as the recognition that man must produce in order to survive. Political statutes, political regulations, and statist restrictions upon man’s activities are not laws. They are nothing else other then commands sanctioned by the legitimacy of those issuing the orders, and backed up by violent force. Hence, in disobeying political statutes one is not disobeying true law.

In one sense every political “law” is wicked; that is, all legislation is an absurdity, usurpation, and a crime. ” It is absurd to think that political rulers can promulgate “laws” of their own. Nothing could be right by political enactment, if it was not first right by nature. If the government directs something to be done that is contrary to reason, then it is reasonable to defy the government. If the government decrees something to be done, which reason indicates should be done anyway, then statist legislation is superfluous.

It is in this light that we can distinguish between just and unjust political “laws.” The Roman natural law theorists, who coined the expression Lex Injusta non est Lex (an unjust law is no law at all), assumed that truth and right are objective, and can be ascertained by man’s ability to reason. Since an unjust or wicked political “law” is no law at all, it may be or even must be disobeyed—for if it is not “law” then there is no natural penalty attached to its violation. The person who believes a political “law” is unjust might on the same grounds, refuse to pay the statist penalty for its violation. The punishment is actually a further aspect of the very political “law” that has been disobeyed. So while there is nothing inherently wrong in disobeying a “political” law or in refusing to accept the penalty, there may be no easy or practical way of avoiding the consequences of disobeying statist “law” and the punishment it exacts.

The existence of an underground railway, whether it be the 19th Century version, or a 20th Century one, shows dramatically how important public opinion and public sentiment are to the legitimacy of the State. If there is too broad a chasm between the dictates of political “law” and people’s consciences, then the State begins to lose legitimacy. People are forced to decide between doing what they think is right or doing what their statesmen direct under threat of force. Abraham Lincoln, at the time of the Civil War, recognized that public support was all important to the enforcement of political “laws” and the success of the State:

Public sentiment is everything. With public sentiment, nothing can fail; without it nothing can succeed. Consequently he who moulds public sentiment goes deeper than he who enacts statutes or pronounces decisions. He makes statutes and decisions possible or impossible to be executed.

Those abolitionists who refused to abide by the Fugitive Slave Law, and their modern day counterparts who harbor fugitive mothers on the run, have clearly decided that the best way to nullify bad laws is to disobey or ignore them. Their claim to violate “laws” of their own choosing is not a claim to violate all laws, but rather only the unjust or wicked ones. They recognize the need for societal-wide rules based on reason, but they do not accede to political “laws” which require that they ignore those in need or that they do injury or harm to others. Their behavior parallels Henry David Thoreau’s dictum that,”It is not desirable to cultivate a respect for the [political] law so much as for the right.”

Sources

  • Charles Goodell, POLITICAL PRISONERS IN AMERICA, New York: Random House, 1973.
  • Carleton Mabee, BLACK FREEDOM, New York: Macmillan, 1970. Jane Podesta and David Biema, “Running for Their Lives,” PEOPLE, January 23, 1989, pp. 71-88.

*A packet of documentation of the facts in this article may be obtained from the Cullinanes. Please send $3 for postage costs and mail requests c/o THE VOLUNTARYIST.

Addendum

On October 21, 1989, Superior Court Judge John Lee Parrott ordered Dona Washburn’s four children removed from protective custody and turned over to their father, permanently. This was done in spite of expert medical testimony which confirmed sexual abuse of the children, in spite of the fact that the attorney for the Georgia Department of Family and Child Services recommended the children be returned to protective custody, and that the children continued to accuse the father of having molested them. Judge Parrott further ordered that Dona Washburn undergo psychiatric treatment, before he would allow her to visit her children. Dona has retained a new attorney, and is continuing her legal fight for the children.

Kevin Cullinane was acquitted of all charges by a federal jury in Greenville, S.C. on December 11. The jury determined that he neither “knowingly and willfully” assaulted a federal officer with a deadly weapon, nor “knowingly and willfully” impeded the execution of a federal search warrant.

As a result of the newspaper publicity surrounding Cullinanes indictment, a local I.R.S. agent “decided” to check his tax records, and found that Cullinane had not filed personal tax returns since 1981. As the agent put it, “If a person is willing to break one law, he’s often willing to break a second law.” As a result of this investigation, Cullinane is now faced with a tax bill from the Internal Revenue Service for more than $477,000. The I.R.S. action took place less than two weeks before Cullinane’s trial and was clearly politically instigated. The only way the I.R.S. could have had access to some of the “alleged” information was by way of the F.B.I. A Notice of Jeopardy Assessment and Tax Lien were filed (without prior notice) against Cullinane because the I.R.S. thought he appeared to be “designing to quickly depart from the United States or to conceal” himself, and “place (his) assets beyond the reach of the Government… . ” (Neither allegation was true.)

In deciding upon their action, the I.R.S. asserted that 1) Cullinane was a member of an underground network concealing fugitive women and children from federal and state authorities; 2) foreign currency was found in his home by federal agents executing a search warrant; 3) he had not filed income tax returns for a number of years; 4) his real property was for sale (it has been since October 1988); and 5) he used an alias to conceal payments he received and assets he owned. There was just enough substance to these spurious claims to make them look as if they may have been true. Although the local I.R.S. people were unaware of it, Cullinane had recently filed some of his back returns, and according to his accountant the amount owed (even after computing penalties and interest) was far less than the amount claimed by the I.R.S. It is clear that federal agents must have had a “cover” on Cullinane’s mail because they were apparently confused by the many different people at his home receiving mail (Cullinane does not use an alias). Other than one piece of currency brought to Freedom Country by his Argentine son-in-law, there was no foreign currency on the premises; nor was there any underground network of which he could be a member.

The Cullinane affair is a perfect illustration of the “bag of tricks” and “double standard” by which the State works. Most of the I.R.S. charges were pure fabrications and required no proof on their part. Any of us could be accused of the same “crimes.” If he had been convicted of violently interfering with the execution of a search warrant, Cullinane could have been jailed for 10 years, and fined $250,000, a sentence far in excess of that given to people convicted of manslaughter. Why is it worse to assault a federal agent than to kill your neighbor? It wouldn’t be because the State wants to strike fear into the hearts and souls of its citizens, and have them remain compliant and docile in the face of its coercive apparatus? Even though Cullinane was acquitted, he is faced with large legal bills, for which he is personally responsible. The entire federal law enforcement system which charged him and then tried his case is paid for by the hapless taxpayers. The federal tax lien against him makes it impossible to sell his property without obtaining permission from the I.R.S., and if he cannot reach an amicable agreement with them over the amount due, the I.R.S. clearly has the last say, as his property may be seized and auctioned off.

Legal defense funds have been established for both Kevin Cullinane, and Dona Washburn and her children: The Kevin Cullinane Legal Defense Fund, c/o Anthony L. Hargis of Co., 1515 W. MacArthur Boulevard, #19, Costa Mesa, California 92626; and The (Dona Washburn) Children’s Defense Fund, Box 5303, Spartanburg, South Carolina 29304.