Note
This is a masterful piece of social analysis and social criticism. It offers one of the most penetrating depictions of the state as a criminal organization, with the election of one or the other party to office as a simple “change of impostors” (John Adams). This essay is a gem that should be read and spread wide open.
This freedom continued, happily, until my mind had matured and toughened. When I went to college I had the great good luck to hit on probably the only one in the country (there certainly is none now) where all such subjects were so remote and unconsidered that one would not know they existed. I had Greek, Latin, and mathematics, and nothing else, but I had these until the cows came home; then I had them all over again (or so it seemed) to make sure nothing was left out; then I was given a bachelor's degree in the liberal arts, and turned adrift. The idea was that if one wished to go in for some special branch of learning, one should do it afterward, on the foundation laid at college. The college's business was to lay the foundation, and the authorities saw to it that we were kept plentifully busy with the job. Therefore, all such subjects as political history, political science, and political economy were closed to me throughout my youth and early manhood; and when the time came that I wished to look into them, I did it on my own, without the interference of instructors, as any person who has gone through a course of training similar to mine at college is quite competent to do.
That time, however, came much later, and meanwhile I thought little about law and government, as I had other fish to fry; I was living more or less out of the world, occupied with literary studies. Occasionally some incident happened that set my mind perhaps a little farther along in the old sequences, but not often. Once, I remember, I ran across the case of a boy who had been sentenced to prison, a poor, scared little brat, who had intended something no worse than mischief, and it turned out to be a crime. The judge said he disliked to sentence the lad; it seemed the wrong thing to do; but the law left him no option. I was struck by this. The judge, then, was doing something as an official that he would not dream of doing as a man; and he could do it without any sense of responsibility, or discomfort, simply because he was acting as an official and not as a man. On this principle of action, it seemed to me that one could commit almost any kind of crime without getting into trouble with one's conscience. Clearly, a great crime had been committed against this boy; yet nobody who had had a hand in it - the judge, the jury, the prosecutor, the complaining witness, the policemen and jailers - felt any responsibility about it, because they were not acting as men, but as officials. Clearly, too, the public did not regard them as criminals, but rather as upright and conscientious men.
The idea came to me then, vaguely but unmistakably, that if the primary intention of government was not to abolish crime but merely to monopolize crime, no better device could be found for doing it than the inculcation of precisely this frame of mind in the officials and in the public; for the effect of this was to exempt both from any allegiance to those sanctions of humanity or decency which anyone of either class, acting as an individual, would have felt himself bound to respect - nay, would have wished to respect. This idea was vague at the moment, as I say, and I did not work it out for some years, but I think I never quite lost track of it from that time.
Presently I got acquainted in a casual way with some officeholders, becoming quite friendly with one in particular, who held a high elective office. One day he happened to ask me how I would reply to a letter that bothered him; it was a query about the fitness of a certain man for an appointive job. His recommendation would have weight; he liked the man, and really wanted to recommend him - moreover, he was under great political pressure to recommend him - but he did not think the man was qualified. Well, then, I suggested offhand, why not put it just that way? - it seemed all fair and straightforward. "Ah yes," he said, "but if I wrote such a letter as that, you see, I wouldn't be re-elected." This took me aback a bit, and I demurred somewhat. "That's all very well," he kept insisting, "but I wouldn't be re-elected." Thinking to give the discussion a semi-humorous turn, I told him that the public, after all, had rights in the matter; he was their hired servant, and if he were not re-elected it would mean merely that the public did not want him to work for them any more, which was quite within their competence. Moreover, if they threw him out on any such issue as this, he ought to take it as a compliment; indeed, if he were re-elected, would it not tend to show in some measure that he and the people did not fully understand each other? He did not like my tone of levity, and dismissed the subject with the remark that I knew nothing of practical politics, which was no doubt true.
Perhaps a year after this I had my first view of a legislative body in action. I visited the capital of a certain country, and listened attentively to the legislative proceedings. What I wished to observe, first of all, was the kind of business that was mostly under discussion; and next, I wished to get as good a general idea as I could of the kind of men who were entrusted with this business. I had a friend on the spot, formerly a newspaper reporter who had been in the press gallery for years; he guided me over the government buildings, taking me everywhere and showing me everything I asked to see.
As we walked through some corridors in the basement of the Capitol, I remarked the resonance of the stonework. "Yes," he said, thoughtfully, "these walls, in their time, have echoed to the uncertain footsteps of many a drunken statesman." His words were made good in a few moments when we heard a spirited commotion ahead, which we found to proceed from a good-sized room, perhaps a committee room, opening off the corridor. The door being open, we stopped, and looked in on a strange sight.
In the centre of the room, a florid, square-built, portly man was dancing an extraordinary kind of break-down, or kazák dance. He leaped straight up to an incredible height, spun around like a teetotum, stamped his feet, then suddenly squatted and hopped through several measures in a squatting position, his hands on his knees, and then leaped up in the air and spun around again. He blew like a turkey-cock, and occasionally uttered hoarse cries; his protruding and fiery eyes were suffused with blood, and the veins stood out on his neck and forehead like the strings of a bass-viol. He was drunk.
About a dozen others, also very drunk, stood around him in crouching postures, some clapping their hands and some slapping their knees, keeping time to the dance. One of them caught sight of us in the doorway, came up, and began to talk to me in a maundering fashion about his constituents. He was a loathsome human being; I have seldom seen one so repulsive. I could make nothing of what he said; he was almost inarticulate; and in pronouncing certain syllables he would slaver and spit, so that I was more occupied with keeping out of his range than with listening to him. He kept trying to buttonhole me, and I kept moving backward; he had backed me thirty feet down the corridor when my friend came along and disengaged me; and as we resumed our way, my friend observed for my consolation that "you pretty well need a mackintosh when X talks to you, even when he is sober."
This man, I learned, was interested in the looting of certain valuable public lands; nobody had heard of his ever being interested in any other legislative measures. The florid man who was dancing was interested in nothing but a high tariff on certain manufactures; he shortly became a Cabinet officer. Throughout my stay I was struck by seeing how much of the real business of legislation was in this category - how much, that is, had to do with putting unearned money in the pockets of beneficiaries - and what fitful and perfunctory attention the legislators gave to any other kind of business. I was even more impressed by the prevalent air of cynicism; by the frankness with which everyone seemed to acquiesce in the view of Voltaire, that government is merely a device for taking money out of one person's pocket and putting it another's.
Those experiences, commonplace as they were, prepared me to pause over and question certain sayings of famous men, when subsequently I ran across them, which otherwise I would perhaps have passed by thinking about them. When I came upon the saying of Lincoln, that the way of the politician is "a long step removed from common honesty” it set a problem for me. I wondered just why this should be true, if it were true. When I read the remark of Mr. Jefferson, that “whenever a man has cast a longing eye on office, a rottenness begins in his conduct," I remembered the judge who had sentenced the boy, and my officeholding acquaintance who was so worried about re-election. I tried to re-examine their position, as far as possible putting myself in their place, and made a great effort to understand it favorably. My first view of a parliamentary body came back to me vividly when I read the despondent observation of John Bright, that he had sometimes known the British Parliament to do a good thing, but never just because it was a good thing. In the meantime I had observed many legislatures, and their principal occupations and preoccupations seemed to me precisely like those of the first one I ever saw; and while their personnel was not by any means composed throughout of noisy and disgusting scoundrels (neither, I hasten to say, was the first one), it was so unimaginably inept that it would really have to be seen to be believed. I cannot think of a more powerful stimulus to one's intellectual curiosity, for instance, than to sit in the galleries of the last Congress, contemplate its general run of membership, and then recall these sayings of Lincoln, Mr Jefferson, and John Bright.
It struck me as strange that these phenomena seemed never to stir any intellectual curiosity in anybody. As far as I know, there is no record of its ever having occurred to Lincoln that the fact he had remarked was striking enough to need accounting for; nor yet to Mr. Jefferson, whose intellectual curiosity was almost boundless; nor yet to John Bright. As for the people around me, their attitudes seemed strangest of all. They all disparaged politics. Their common saying, "Oh, that's politics," always pointed to something that in any other sphere of action they would call shabby and disreputable. But they never asked themselves why it was that in this one sphere of action alone they took shabby and disreputable conduct as a matter of course. It was all the more strange because these same people still somehow assumed that politics existed for the promotion of the highest social purposes. They assumed that the State's primary purpose was to promote through appropriate institutions the general welfare of its members. This assumption, whatever it amounted to, furnished the rationale of their patriotism, and they held to it with a tenacity that on slight provocation became vindictive and fanatical. Yet all of them were aware, and if pressed, could not help acknowledging that more than 90 per cent of the State’s energy was employed directly against the general welfare. Thus one might say that they seemed to have one set of credenda for week-days and another for Sundays, and never to ask themselves what actual reasons they had for holding either.
I did not know how to take this, nor do I now. Let me draw a rough parallel. Suppose vast numbers of people to be contemplating a machine that they had been told was a plough, and very valuable - indeed, that they could not get on without it - some even saying that its design came down in some way from on high. They have great feelings of pride and jealousy about this machine, and will give up their lives for it if they are told it is in danger. Yet they all see that it will not plough well, no matter what hands are put to manage it, and in fact does hardly any ploughing at all; sometimes only with enormous difficulty and continual tinkering and adjustment can it be got to scratch a sort of furrow, very poor and short, hardly practicable, and ludicrously disproportionate to the cost and pains of cutting it. On the other hand, the machine harrows perfectly, almost automatically. It looks like a harrow, has the history of a harrow, and even when the most enlightened effort is expended on it to make it act like a plough, it persists, except for an occasional six or eight per cent of efficiency, in acting like a harrow.
Surely such a spectacle would make an intelligent being raise some enquiry about the nature and original intention of that machine. Was it really a plough? Was it ever meant to plough with? Was it not designed and constructed for harrowing? Yet none of the anomalies that I had been observing ever raised any enquiry about the nature and original intention of the State. They were merely acquiesced in. At most, they were put down feebly to the imperfections of human nature which render mismanagement and perversion of every good institution to some extent inevitable; and this is absurd, for these anomalies do not appear in the conduct of any other human institution. It is no matter of opinion, but of open and notorious fact, that they do not. There are anomalies in the church and in the family that are significantly analogous; they will bear investigation, and are getting it; but the analogies are by no means complete, and are mostly due to the historical connection of these two institutions with the State.
Everyone knows that the State claims and exercises the monopoly of crime that I spoke of a moment ago, and that it makes this monopoly as strict as it can. It forbids private murder, but itself organizes murder on a colossal scale. It punishes private theft, but itself lays unscrupulous hands on anything it wants, whether the property of citizens or of alien. There is, for example, no human right, natural or Constitutional, that we have not seen nullified by the United States Government. Of all the crimes that are committed for gain or revenge, there is not one that we have not seen it commit - murder, mayhem, arson, robbery, fraud, criminal collusion and connivance. On the other hand, we have all remarked the enormous relative difficulty of getting the State to effect any measure for the general welfare. Compare the difficulty of securing conviction in cases of notorious malfeasance, and in cases of petty private crime. Compare the smooth and easy going of the Teapot Dome transactions with the obstructionist behaviour of the State toward a national child-labour law. Suppose one should try to get the State to put the same safeguards (no stronger) around service-income that with no pressure at all it puts around capital-income: what chance would one have? It must not be understood that I bring these matters forward to complain of them. I am not concerned with complaints or reforms, but only with the exhibition of anomalies that seem to me to need accounting for.
In the course of some desultory reading I noticed that the historian Parkman, at the outset of his volume on the conspiracy of Pontiac, dwells with some puzzlement, apparently, upon the fact that the Indians had not formed a State. Mr. Jefferson, also, who knew the Indians well, remarked the same fact - that they lived in a rather highly organized society, but had never formed a State. Bicknell, the historian of Rhode Island, has some interesting passages that bear upon the same point, hinting that the collisions between the Indians and the whites may have been largely due to a misunderstanding about the nature of land tenure; that the Indians, knowing nothing of the British system of land tenure, understood their land-sales and land-grants as merely an admission of the whites to the same communal use of land that they themselves enjoyed. I noticed, too, that Marx devotes a good deal of space in Das Kapital to proving that economic exploitation cannot take place in any society until the exploited class has been expropriated from the land. These observations attracted my attention as possibly throwing a strong side light upon the nature of the State and the primary purpose of government, and I made note of them accordingly.
At this time I was a good deal in Europe. I was in England and Germany during the Tangier incident, studying the circumstances and conditions that led up to the late war. My facilities for this were exceptional, and I used them diligently. Here I saw the State behaving just as I had seen it behave at home. Moreover, remembering the political theories of the eighteenth century, and the expectations put upon them, I was struck with the fact that the republican, constitutional, monarchical and autocratic States behaved exactly alike. This has never been sufficiently remarked. There was no practical distinction to be drawn among England, France, Germany, and Russia; in all these countries the State acted with unvarying consistency and unfailing regularity against the interests of the immense, the overwhelming majority of its people. So flagrant and flagitious, indeed, was the action of the State in all these countries, that its administrative officials, especially its diplomats, would immediately, in any other sphere of action, be put down as a professional-criminal class; just as would the corresponding officials in my own country, as It is a noteworthy fact, indeed, concerning all that has happened since then, that if in any given circumstances one went on the assumption that they were a professional-criminal class, one could predict with accuracy what they would do and what would happen; while on any other assumption one could predict almost nothing. The accuracy of my own predictions during the war and throughout the Peace Conference was due to nothing but their being based on this assumption.
The Liberal party was in power in England in 1911, and my attention became attracted to its tenets. I had already seen something of Liberalism in America as a kind of glorified mugwumpery. The Cleveland Administration had long before proved what everybody already knew, that there was no essential difference between the Republican and Democratic parties; an election meant merely that one was in office and wished to stay in, and the other was out and wished to get in. I saw precisely the same relation prevailing between the two major parties in England, and I was to see later the same relation sustained by the Labour Administration of Mr. Ramsay MacDonald. All these political permutations resulted only in what John Adams admirably called “a change of impostors.” But I was chiefly interested in the basic theory of Liberalism. This seemed to be that the State is no worse than a degenerate or perverted institution, beneficent in its original intention, and susceptible of restoration by the simple expedient of "putting good men in office."
I had already seen this experiment tried on several scales of magnitude, and observed that it came to nothing commensurate with the expectations put upon it or the enormous difficulty of arranging it. Later I was to see it tried on an unprecedented scale, for almost all the Governments engaged in the war were Liberal, notably the English and our own. Its disastrous results in the case of the Wilson Administration are too well known to need comment; though I do not wish to escape the responsibility of saying that of all forms of political impostorship, Liberalism always seemed to me the most vicious, because the most pretentious and specious. The general upshot of my observations, however, was to show me that whether in the hands of Liberal or Conservative, Republican or Democrat, and whether under nominal constitutionalism, republicanism or autocracy, the mechanism of the State would work freely and naturally in but one direction, namely, against the general welfare of the people.
So I set about finding out what I could about the origin of the State, to see whether its mechanism was ever really meant to work in any other direction; and here I came upon a very odd fact. All the current popular assumptions about the origin of the State rest upon sheer guesswork; none of them upon actual investigation. The treatises and textbooks that came into my hands were also based, finally, upon guesswork. Some authorities guessed that the State was originally formed by this-or-that mode of social agreement; others, by a kind of muddling empiricism; others, by the will of God; and so on. Apparently none of these, however, had taken the plain course of going back upon the record as far as possible to ascertain how it actually had been formed, and for what purpose. It seemed that enough information must be available; the formation of the State in America, for example, was a matter of relatively recent history, and one must be able to find out a great deal about it. Consequently I began to look around to see whether anyone had ever anywhere made any such investigation, and if so, what it amounted to.
I then discovered that the matter had, indeed, been investigated by scientific methods, and that all the scholars of the Continent knew about it, not as something new or startling, but as a sheer commonplace. The State did not originate in any form of social agreement, or with any disinterested view of promoting order and justice. Far otherwise. The State originated in conquest and confiscation, as a device for maintaining the stratification of society permanently into two classes - an owning and exploiting class, relatively small, and a propertyless dependent class. Such measures of order and justice as it established were incidental and ancillary to this purpose; it was not interested in any that did not serve this purpose; and it resisted the establishment of any that were contrary to it. No State known to history originated in any other manner, or for any other purpose than to enable the continuous economic exploitation of one class by another.
This at once cleared up all the anomalies which I had found so troublesome. One could see immediately, for instance, why the hunting tribes and primitive peasants never formed a State. Primitive peasants never made enough of an economic accumulation to be worth stealing; they lived from hand to mouth. The hunting tribes of North America never formed a State, because the hunter was not exploitable. There was no way to make another man hunt for you; he would go off in the woods and forget to come back; and if he were expropriated from certain hunting-grounds, he would merely move on beyond them, the territory being so large and the population so sparse. Similarly, since the State's own primary intention was essentially criminal, one could see why it cares only to monopolize crime, and not to suppress it; this explained the anomalous behaviour of officials, and showed why it is that in their public capacity, whatever their private character, they appear necessarily as a professional-criminal class; and it further accounted for the fact that the State never moves disinterestedly for the general welfare, except grudgingly and under great pressure.
Again, one could perceive at once the basic misapprehension which forever nullifies the labors of Liberalism and Reform. It was once quite seriously suggested to me by some neighbours that I should go to Congress. I asked them why they wished me to do that, and they replied with some complimentary phrases about the satisfaction of having some one of a somewhat different type "amongst those damned rascals down there." "Yes, but," I said, "don't you see that it would be only a matter of a month or so - a very short time, anyway - before I should be a damned rascal, too?" No, they did not see this; they were rather taken aback; would I explain? "Suppose," I said, "that you put in a Sunday-school superintendent or a Y.M.C.A. secretary to run an assignation-house on Broadway. He might trim off some of the coarser fringes of the job, such as the badger game and the panel game, and put things in what Mayor Gaynor used to call a state of 'outward order and decency,' but he must run an assignation-house, or he would promptly hear from the owners." This was a new view to them, and they went away thoughtful.
Finally, one could perceive the reason for the matter that most puzzled me when I first observed a legislature in action, namely, the almost exclusive concern of legislative bodies with such measures as tend to take money out of one set of pockets and put it into another - the preoccupation with converting labor-made property into law-made property, and redistributing its ownership. The moment one becomes aware that just this, over and above a purely legal distribution of the ownership of natural resources, is what the State came into being for, and what it yet exists for, one immediately sees that the legislative bodies are acting altogether in character, and otherwise one cannot possibly give oneself an intelligent account of their behaviour.
Speaking for a moment in the technical terms of economics, there are two general means whereby human beings can satisfy their needs and desires. One is by work - i.e., by applying labour and capital to natural resources for the production of wealth, or to facilitating the exchange of labour-products. This is called the economic means. The other is by robbery - i.e., the appropriation of the labour-products of others without compensation. This is called the political means. The State, considered functionally, may be described as the organization of the political means, enabling a comparatively small class of beneficiaries to satisfy their needs and desires through various delegations of the taxing power, which have no vestige of support in natural right, such as private land-ownership, tariffs, franchises, and the like.
It is a primary instinct of human nature to satisfy one's needs and desires with the least possible exertion; everyone tends by instinctive preference to use the political means rather than the economic means, if he can do so. The great desideratum in a tariff, for instance, is its license to rob the domestic consumer of the difference between the price of an article in a competitive and a non-competitive market. Every manufacturer would like this privilege of robbery if he could get it, and he takes steps to get it if he can, thus illustrating the powerful instinctive tendency to climb out of the exploited class, which lives by the economic means (exploited, because the cost of this privilege must finally come out of production, there being nowhere else for it to come from), and into the class which lives, wholly or partially, by the political means.
This instinct - and this alone - is what gives the State its almost impregnable strength. The moment one discerns this, one understands the almost universal disposition to glorify and magnify the State, and to insist upon the pretence that it is something which it is not - something, in fact, the direct opposite of what it is. One understands the complacent acceptance of one set of standards for the State's conduct, and another for private organizations; of one set for officials, and another for private persons. One understands at once the attitude of the press, the Church and educational institutions, their careful inculcations of a specious patriotism, their nervous and vindictive proscriptions of opinion, doubt or even of question. One sees why purely fictitious theories of the State and its activities are strongly, often fiercely and violently, insisted on; why the simple fundamentals of the very simply science of economics are shirked or veiled; and why, finally, those who really know what kind of thing they are promulgating, are loth to say so.
The outbreak of the war in 1914 found me entertaining the convictions that I have here outlined. In the succeeding decade nothing has taken place to attenuate them, but quite the contrary.