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THE SINS OF LEGISLATORS
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THE SINS OF LEGISLATORS Be it or be it not true that Man is shapen in iniquity and conceived in sin, it is unquestionably true that Government is begotten of aggression and by aggression . In small undeveloped societies where for ages complete peace has continued, there exists nothing like what we call Government: no coercive agency, but mere honorary headship, if any headship at all. In these exceptional communities, unaggressive and from special causes unaggressed upon, there is so little deviation from the virtues of truthfulness, honesty, justice, and generosity, that nothing beyond an occasional expression of public opinion by informally-assembled elders is needful. 1 Conversely, we find proofs that, at first recognized but temporarily during leadership in war, the authority of a chief is permanently established by continuity of war; and grows strong where successful war 1 Political Institutions, § § 437, 573· 71 72 The Man Versus The State ends in subjection of neighbouring tribes. And thence onwards, examples furnished by all races put beyond doubt the truth, that the coercive power of the chief, developing into king, and king of kings (a frequent title in the ancient East), becomes great in proportion as conquest becomes habitual and the union of subdued nations extensive.2 Comparisons disclose a further truth which should be ever present to us-the truth that the aggressiveness of the ruling power inside a society increases with its aggressiveness outside the society. As, to make an efficient army, the soldiers must be subordinate to their commander; so, to make an efficient fighting community, must the citizens be subordinate to their government. They must furnish recruits to the extent demanded, and yield up whatever property is required. An obvious implication is that political ethics, originally identical with the ethics of war, must long remain akin to them; and can diverge from them only as warlike activities and preparations become less. Current evidence shows this. At present on the Continent, the citizen is free only when his services as a soldier are not demanded; and during the rest of his life he is largely enslaved in supporting the military organization. Even among ourselves a serious war would, by the necessitated conscription, suspend the liberties of large numbers and trench on the liberties of the rest, by taking from them through taxes whatever supplies were needed-that is, forcing them to labour so many days more for the State. Inevitably the established code of 2 Ibid.,§§ 471-3. [18.209.63.120] Project MUSE (2024-03-29 00:27 GMT) The Sins of Legislators 73 conduct in the dealings of Governments with citizens, must be allied to their code of conduct in their dealings with one another. I am not, under the title of this article, about to treat of the trespassers and the revenges for trespasses, accounts of which mainly constitute history; nor to trace the internal inequities which have ever accompanied the external inequities. I do not propose here to catalogue the crimes of irresponsible legislators; beginning with that of King Khufu, the stones of whose vast tomb were laid in the bloody sweat of a hundred thousand slaves toiling through long years under the lash; going on to those committed by conquerors, Egyptian, Assyrian, Persian, Macedonian, Roman, and the rest; and ending with those of Napoleon, whose ambition to set his foot on the neck of the civilized world, cost not less than two million lives.3 Nor do I propose here to enumerate those sins of responsible legislators seen in the long list of laws made in the interests of dominant classes-a list coming down in our own country to those under which there were long maintained slavery and the slave-trade, torturing nearly 4o,ooo negroes annually by close packing during a tropical voyage, and killing a large percentage of them, and ending with the corn-laws, by which, says Sir Erskine May, "to ensure high rents, it had been decreed that multitudes should hunger."4 Not, indeed, that a presentation of the conspicuous misdeeds of legislators, responsible and irresponsible, 3 Landfrey. See also Study of Sociology, p. 42, and Appendix. 4 Constitutional History of England, ii, p. 617. 74 The Man Versus The State would be useless. It would have several uses-one of them relevant to the truth above pointed out. Such a presentation would make clear how that identity of political ethics with military ethics which necessarily exists during primitive times, when the army is simply the mobilized society...