The Relation of the State to the
Excerpted from the book;
Selections From the Writings of Benjamin R. Tucker
Vanguard Press, New York, 1926
Kraus Reprint Co., Millwood, NY, 1973.
The following is an address by Mr. Tucker delivered before the Unitarian Ministers' Institute, at the annual session held in Salem, Mass., October 14, 1890. On account of the clear and concise manner in which the subject is treated, it may well engage the attention of any student seeking to understand Anarchism:
Ladies and Gentlemen: Presumably the honor which you have done me in inviting me to address you today upon "The Relation of the State to the Individual" is due principally to the fact that circumstances have combined to make me somewhat conspicuous as an exponent of the theory of Modern Anarchism, - a theory which is coming to be more and more regarded as one of the few that are tenable as a basis of political and social life. In its name, then, I shall speak to you in discussing this question, which either underlies or closely touches almost every practical problem that confronts this generation. The future of the tariff, of taxation, of finance, of property, of woman, of marriage, of the family, of the suffrage, of education, of invention, of literature, of science, of the arts, of personal habits, of private character, of ethics, of religion, will be determined by the conclusion at which mankind shall arrive as to whether and how far the individual owes allegiance to the State.
Anarchism, in dealing with this subject, has found it necessary, first of all, to define its terms. Popular conceptions of the terminology of politics are incompatible with the rigorous exactness required in scientific investigation. To be sure, a departure from the popular use of language is accompanied by the risk of misconception by the multitude, who persistently ignore the new definitions; but, on the other hand, conformity thereto is attended by the still more deplorable alternative of confusion in the eyes of the competent, who would be justified in attributing inexactness of thought where there is inexactness of expression. Take the term "State," for instance, with which we are especially concerned today. It is a word that is on every lip. But how many of those who use it have any idea of what they mean by it? And, of the few who have, how various are their conceptions! We designate by the term "State" institutions that embody absolutism in its extreme form and institutions that temper it with more or less liberality. We apply the word alike to institutions that do nothing but aggress and to institutions that, besides aggressing, to some extent protect and defend. But which is the State's essential function, aggression or defence, few seem to know or care. Some champions of the State evidently consider aggression its principle, although they disguise it alike from themselves and from the people under the term "administration," which they wish to extend in every possible direction. Others, on the contrary, consider defence its principle, and wish to limit it accordingly to the performance of police duties. Still others seem to think that it exists for both aggression and defence, combined in varying proportions according to the momentary interests, or maybe only whims, of those happening to control it. Brought face to face with these diverse views, the Anarchists, whose mission in the world is the abolition of aggression and all the evils that result therefrom, perceived that, to be understood, they must attach some definite and avowed significance to the terms which they are obliged to employ, and especially to the words "State" and "government." Seeking, then, the elements common to all the institutions to which the name "State" has been applied, they have found them two in number: first, aggression; second, the assumption of sole authority over a given area and all within it, exercised generally for the double purpose of more complete oppression of its subjects and extension of its boundaries. That this second element is common to all States, I think, will not be denied, - at least, I am not aware that any State has ever tolerated a rival State within its borders; and it seems plain that any State which should do so would thereby cease to be a State and to be considered as such by any. The exercise of authority over the same area by two States is a contradiction. That the first element, aggression, has been and is common to all States will probably be less generally admitted. Nevertheless, I shall not attempt to re-enforce here the conclusion of Spencer, which is gaining wider acceptance daily; that the State had its origin in aggression, and has continued as an aggressive institution from its birth. Defence was an afterthought, prompted by necessity; and its introduction as a State function, though effected doubtless with a view to the strengthening of the State, was really and in principle the initiation of the State's destruction. Its growth in importance is but an evidence of the tendency of progress toward the abolition of the State. Taking this view of the matter, the Anarchists contend that defence is not an essential of the State, but that aggression is. Now what is aggression? Aggression is simply another name for government. Aggression, invasion, government, are interconvertible terms. The essence of government is control, or the attempt to control. He who attempts to control another is a governor, an aggressor, an invader; and the nature of such invasion is not changed, whether it is made by one man upon another man, after the manner of the ordinary criminal, or by one man upon all other men, after the manner of an absolute monarch, or by all other men upon one man, after the manner of a modern democracy. On the other hand, he who resists another's attempt to control is not an aggressor, an invader, a governor, but simply a defender, a protector; and the nature of such resistance is not changed whether it be offered by one man to another man, as when one repels a criminal's onslaught, or by one man to all other men, as when one declines to obey an oppressive law, or by all men to one man, as when a subject people rises against a despot, or as when the members of a community voluntarily unite to restrain a criminal. This distinction between invasion and resistance, between government and defence, is vital. Without it there can be no valid philosophy of politics. Upon this distinction and the other considerations just outlined, the Anarchists frame the desired definitions. This, then, is the Anarchistic definition of government: the subjection of the non-invasive individual to an external will. And this is the Anarchistic definition of the State: the embodiment of the principle of invasion in an individual, or a band of individuals, assuming to act as representatives or masters of the entire people within a given area. As to the meaning of the remaining term in the subject under discussion, the word "individual," I think there is little difficulty. Putting aside the subtleties in which certain metaphysicians have indulged, one may use this word without danger of being misunderstood. Whether the definitions thus arrived at prove generally acceptable or not is a matter of minor consequence. I submit that they are reached scientifically, and serve the purpose of a clear conveyance of thought. The Anarchists, having by their adoption taken due care to be explicit, are entitled to have their ideas judged in the light of these definitions.
Now comes the question proper: What relations should exist between the State and the Individual? The general method of determining these is to apply some theory of ethics involving a basis of moral obligation. In this method the Anarchists have no confidence. The idea of moral obligation, of inherent rights and duties, they totally discard. They look upon all obligations, not as moral, but as social, and even then not really as obligations except as these have been consciously and voluntarily assumed. If a man makes an agreement with men, the latter may combine to hold him to his agreement; but, in the absence of such agreement, no man, so far as the Anarchists are aware, has made any agreement with God or with any other power of any order whatsoever. The Anarchists are not only utilitarians, but egoists in the farthest and fullest sense. So far as inherent right is concerned, might is its only measure. Any man, be his name Bill Sykes or Alexander Romanoff, and any set of men, whether the Chinese highbinders or the Congress of the United States, have the right, if they have the power, to kill or coerce other men and to make the entire World subservient to their ends. Society's right to enslave the individual and the individual's right to enslave society are unequal only because their powers are unequal. This position being subversive of all systems of religion and morality, of course I cannot expect to win immediate assent thereto from the audience which I am addressing today; nor does the time at my disposal allow me to sustain it by an elaborate, or even a summary, examination of the foundations of ethics. Those who desire a greater familiarity with this particular phase of the subject should read a profound German work, "Der Einzige und sein Eigenthum," written years ago by a comparatively unknown author, Dr. Caspar Schmidt, whose nom de plume was Max Stirner. Read only by a few scholars, the book is buried in obscurity, but is destined to a resurrection that perhaps will mark an epoch.
If this, then, were a question of right, it would be, according to the Anarchists, purely a question of strength. But, fortunately, it is not a question of right: it is a question of expediency, of knowledge, of science; the science of living together, the science of society. The history of humanity has been largely one long and gradual discovery of the fact that the individual is the gainer by society exactly in proportion as society is free, and of the law that the condition of a permanent and harmonious society is the greatest amount of individual liberty compatible with equality of liberty. The average man of each new generation has said to himself more clearly and consciously than his predecessor: "My neighbor is not my enemy, but my friend, and I am his, if we would but mutually recognize the fact. We help each other to a better, fuller, happier living; and this service might be greatly increased if we would cease to restrict, hamper, and oppress each other. 'Why can we not agree to let each live his own life, neither of us transgressing the limit that separates our individualities?" It is by this reasoning that mankind is approaching the real social contract, which is not, as Rousseau thought, the origin of society, but rather the outcome of a long social experience, the fruit of its follies and disasters. It is obvious that this contract, this social law, developed to its perfection, excludes all aggression, all violation of equality of liberty, all invasion of every kind. Considering this contract in connection with the Anarchistic definition of the State as the embodiment of the principle of invasion, we see that the State is antagonistic to society; and, society being essential to individual life and development, the conclusion leaps to the eyes that the relation of the State to the individual and of the individual to the State must be one of hostility, enduring till the State shall perish.
"But," it will be asked of the Anarchists at this point in the argument, "what shall be done with those individuals who undoubtedly will persist in violating the social law by invading their neighbors?" The Anarchists answer that the abolition of the State will leave in existence a defensive association, resting no longer on a compulsory but on a voluntary basis, which will restrain invaders by any means that may prove necessary. "But that is what we have now," is the rejoinder. "You really want, then, only a change of name?" Not so fast, please. Can it be soberly pretended for a moment that the State, even as it exists here in America, is purely a defensive institution? Surely not, save by those who see of the State only its most palpable manifestation; the policeman on the street-corner. And one would not have to watch him very closely to see the error of this claim. Why, the very first act of the State, the compulsory assessment and collection of taxes, is itself an aggression, a violation of equal liberty, and, as such, initiates every subsequent act, even those acts which would be purely defensive if paid out of a treasury filled by voluntary contributions. How is it possible to sanction, under the law of equal liberty, the confiscation of a man's earnings to pay for protection which he has not sought and does not desire? And, if this is an outrage, what name shall we give to such confiscation when the victim is given, instead of bread, a stone, instead of protection, oppression? To force a man to pay for the violation of his own liberty is indeed an addition of insult to injury. But that is exactly what the State is doing. Read the "Congressional Record"; follow the proceedings of the State legislatures; examine our statute-books; test each act separately by the law of equal liberty, you will find that a good nine-tenths of existing legislation serves, not to enforce that fundamental social law, but either to prescribe the individual's personal habits, or, worse still, to create and sustain commercial, industrial, financial, and proprietary monopolies which deprive labor of a large part of the reward that it would receive in a perfectly free market. "To be governed," says Proudhon, "is to be watched, inspected, spied, directed, law-ridden, regulated, penned up, indoctrinated, preached at, checked, appraised, sized, censured, commanded; by beings who have neither title nor knowledge nor virtue. To be governed is to have every operation, every transaction every movement noted, registered, counted, rated, stamped, measured, numbered, assessed, licensed, refused, authorized, indorsed, admonished, prevented, reformed, redressed, corrected. To be governed is, under pretext of public utility and in the name of the general interest, to be laid under contribution, drilled, fleeced, exploited, monopolized, extorted from, exhausted, hoaxed, robbed; then, upon the slightest resistance, at the first word of complaint, to be repressed, fined, vilified, annoyed, hunted down, pulled about, beaten, disarmed, bound, imprisoned, shot, mitrailleused, judged, condemned, banished, sacrificed, sold, betrayed, and, to crown all, ridiculed, derided, outraged, dishonored." And I am sure I do not need to point out to you the existing laws that correspond to and justify nearly every count in Proudhon's long indictment. How thoughtless, then, to assert that the existing political order is of a purely defensive character instead of the aggressive State which the Anarchists aim to abolish!
This leads to another consideration that bears powerfully upon the problem of the invasive individual, who is such a bugbear to the opponents of Anarchism. Is it not such treatment as has just been described that is largely responsible for his existence? I have heard or read somewhere of an inscription written for a certain charitable institution:
"This hospital a pious person built,
But first he made the poor wherewith to fill't"
And so, it seems to me, it is with our prisons. They are filled with criminals which our virtuous State has made what they are by its iniquitous laws, its grinding monopolies, and the horrible social conditions that result from them. We enact many laws that manufacture criminals, and then a few that punish them. Is it too much to expect that the new social conditions which must follow the abolition of all interference with the production and distribution of wealth will in the end so change the habits and propensities of men that our jails and prisons, our policemen and our soldiers, in a word, our whole machinery and outfit of defence; will be superfluous? That, at least, is the Anarchists' belief. It sounds Utopian, but it really rests on severely economic grounds. Today, however, time is lacking to explain the Anarchistic view of the dependence of usury, and therefore of poverty, upon monopolistic privilege, especially the banking privilege, and to show how an intelligent minority, educated in the principle of Anarchism and determined to exercise that right to ignore the State upon which Spencer, in his "Social Statics," so ably and admirably insists, might, by setting at defiance the National and State banking prohibitions, and establishing a Mutual Bank in competition with the existing monopolies, take the first and most important step in the abolition of usury and of the State. Simple as such a step would seem, from it all the rest would follow.
A half-hour is a very short time in which to discuss the relation of the State to the individual, and I must ask your pardon for the brevity of my dealing with a succession of considerations each of which needs an entire essay for its development. If I have outlined the argument intelligibly, I have accomplished all that I expected. But, in the hope of impressing the idea of the true social contract more vividly upon your minds, in conclusion I shall take the liberty of reading another page from Proudhon, to whom I am indebted for most of what I know, or think I know, upon this subject. Contrasting authority with free contract, he says, in his "General Idea of the Revolution of the Nineteenth Century":
"Of the distance that separates these two regimes, we may judge by the difference in their styles.
"One of the most solemn moments in the evolution of the principle of authority is that of the promulgation of the Decalogue. The voice of the angel commands the People, prostrate at the foot of Sinai:
"Thou shalt worship the Eternal, and only the Eternal.
"Thou shalt swear only by him.
"Thou shalt keep his holidays, and thou shalt pay his tithes.
"Thou shalt honor thy father and thy mother.
"Thou shalt not kill.
"Thou shalt not steal.
"Thou shalt not commit adultery.
"Thou shalt not bear false witness.
"Thou shalt not covet or calumniate.
"For the Eternal ordains it, and it is the Eternal who has made you what you are. The Eternal is alone sovereign, alone wise, alone worthy; the Eternal punishes and rewards. It is in the power of the Eternal to render you happy or unhappy at his will.
"All legislations have adopted this style; all, speaking to man, employ the sovereign formula. The Hebrew commands in the future, the Latin in the imperative, the Greek in the infinitive. The moderns do not otherwise. The tribune of the parliament-house is a Sinai as infallible and as terrible as that of Moses; whatever the law may be, from whatever lips it may come, it is sacred once it has been proclaimed by that prophetic trumpet, which with us is the majority.
"Thou shalt not assemble.
"Thou shalt not print.
"Thou shalt not read.
"Thou shalt respect thy representatives and thy officials, which the hazard of the ballot or the good pleasure of the State shall have given you.
"Thou shalt obey the laws which they in their wisdom shall have made.
"Thou shalt pay thy taxes faithfully.
"And thou shalt love the Government, thy Lord and thy God, with all thy heart and with all thy soul and with all thy mind, because the Government knows better than thou what thou art, what thou art worth, what is good for thee, and because it has the power to chastise those who disobey its commandments, as well as to reward unto the fourth generation those who make themselves agreeable to it.
"With the Revolution it is quite different.
"The search for first causes and for final causes is eliminated from economic science as from the natural sciences.
"The idea of Progress replaces, in philosophy, that of the Absolute.
"Revolution succeeds Revelation.
"Reason, assisted by Experience, discloses to man the laws of Nature and Society; then it says to him:
"These laws are those of necessity itself. No man has made them; no man imposes them upon you. They have been gradually discovered, and I exist only to bear testimony to them.
"If you observe them, you will be just and good.
"If you violate them, you will be unjust and wicked.
"I offer you no other motive.
"Already, among your fellows, several have recognized that justice is better, for each and for all, than iniquity; and they have agreed with each other to mutually keep faith and right, - that is, to respect the rules of transaction which the nature of things indicates to them as alone capable of assuring them, in the largest measure, well-being, security, peace.
"Do you wish to adhere to their compact, to form a part of their society?
"Do you promise to respeet the honor, the liberty, and the goods of your brothers?
"Do you promise never to appropriate, either by violence, or by fraud, or by usury, or by speculation, the product or the possession of another?
"Do you promise never to lie and deceive, either in justice, or in business, or in any of your transactions?
"You are free to accept or to refuse.
"If you refuse, you become a part of the society of savages. Outside of the communion of the human race, you become an object of suspicion. Nothing protects you. At the slightest insult, the first comer may lift his hand against you without incurring any other accusation than that of cruelty needlessly practiced upon a brute.
"On the contrary, if you swear to the compact, you become a part of the society of free men. All your brothers enter into an engagement with you, promise you fidelity, friendship, aid, service, exchange. In case of infraction, on their part or on yours, through negligence, passion, or malice, you are responsible to each other for the damage as well as the scandal and the insecurity of which you have been the cause: this responsibility may extend, according to the gravity of the perjury or the repetitions of the offence, even to excommunication and to death.
"The law is clear, the sanction still more so. Three articles, which make but one; that is the whole social contract. Instead of making oath to God and his prince, the citizen swears upon his conscience, before his brothers, and before Humanity. Between these two oaths there is the same difference as between slavery and liberty, faith and science, courts and justice, usury and labor, government and economy, non-existence and being, God and man."