XVI. MATTERS OF STATE

1

_Le Contrat Social_

All government, in its essence, is a conspiracy against the superior

man: its one permanent object is to police him and cripple him. If

it be aristocratic in organization, then it seeks to protect the man

who is superior only in law against the man who is superior in fact;

if it be democratic, then it seeks to protect the man who is inferior

in every way against both. Thus one of its primary functions is to

regiment men by force, to make them as much alike as possible and

as dependent upon one another as possible, to search out and combat

originality among them. All it can see in an original idea is potential

change, and hence an invasion of its prerogatives. The most dangerous

man, to any government, is the man who is able to think things out for

himself, without regard to the prevailing superstitions and taboos.

Almost inevitably he comes to the conclusion that the government he

lives under is dishonest, insane and intolerable, and so, if he

is romantic, he tries to change it. And even if he is not romantic

personally he is very apt to spread discontent among those who are.

Ludwig van Beethoven was certainly no politician. Nor was he a patriot.

Nor had he any democratic illusions in him: he held the Viennese in

even more contempt than he held the Hapsburgs. Nevertheless, I am

convinced that the sharp criticism of the Hapsburg government that

he used to loose in the cafés of Vienna had its effects—that some

of his ideas of 1818, after a century of germination, got themselves

translated into acts in 1918. Beethoven, like all other first-rate

men, greatly disliked the government he lived under. I add the names

of Goethe, Heine, Wagner and Nietzsche, to keep among Germans. That of

Bismarck might follow: he admired the Hohenzollern idea, as Carlyle

did, not the German people or the German administration. In his

“Errinerungen,” whenever he discusses the government that he was a part

of, he has difficulty keeping his contempt within the bounds of decorum.

Nine times out of ten, it seems to me, the man who proposes a change

in the government he lives under, no matter how defective it may be,

is romantic to the verge of sentimentality. There is seldom, if ever,

any evidence that the kind of government he is unlawfully inclined

to would be any better than the government he proposes to supplant.

Political revolutions, in truth, do not often accomplish anything of

genuine value; their one undoubted effect is simply to throw out one

gang of thieves and put in another. After a revolution, of course,

the successful revolutionists always try to convince doubters that

they have achieved great things, and usually they hang any man who

denies it. But that surely doesn’t prove their case. In Russia, for

many years, the plain people were taught that getting rid of the Czar

would make them all rich and happy, but now that they have got rid of

him they are poorer and unhappier than ever before. The Germans, with

the Kaiser in exile, have discovered that a shoemaker turned statesman

is ten times as bad as a Hohenzollern. The Alsatians, having become

Frenchmen again after 48 years anxious wait, have responded to the boon

by becoming extravagant Germanomaniacs. The Tyrolese, though they hated

the Austrians, now hate the Italians enormously more. The Irish, having

rid themselves of the English after 700 years of struggle, instantly

discovered that government by Englishmen, compared to government by

Irishmen, was almost paradisiacal. Even the American colonies gained

little by their revolt in 1776. For twenty-five years after the

Revolution they were in far worse condition as free states than they

would have been as colonies. Their government was more expensive,

more inefficient, more dishonest, and more tyrannical. It was only

the gradual material progress of the country that saved them from

starvation and collapse, and that material progress was due, not to the

virtues of their new government, but to the lavishness of nature. Under

the British hoof they would have got on just as well, and probably a

great deal better.

The ideal government of all reflective men, from Aristotle to Herbert

Spencer, is one which lets the individual alone—one which barely

escapes being no government at all. This ideal, I believe, will be

realized in the world twenty or thirty centuries after I have passed

from these scenes and taken up my home in Hell.

2

_On Minorities_

It is a commonplace of historical science that the forgotten worthies

who framed the Constitution of the United States had no belief in

democracy. Prof. Dr. Beard, in a slim, sad book, has laboriously proved

that most obvious of obviousities. Two prime objects are visible in the

Constitution, beautifully enshrouded in disarming words: to protect

property and to safeguard minorities—in brief, to hold the superior

few harmless against the inferior many. The first object is still

carried out, despite the effort of democratic law to make capital an

outlaw. The second, alas, has been defeated completely. What

is worse, it has been defeated in the very holy of holies of those

who sought to attain it, which is to say, in the funereal chamber

of the Supreme Court of the United States. Bit by bit this great

bench of master minds has gradually established the doctrine that

a minority in the Republic has no rights whatever. If they still

exist theoretically, as fossils surviving from better days, there is

certainly no machinery left for protecting and enforcing them. The

current majority, if it so desired to-morrow, could add an amendment to

the Constitution prohibiting the ancient Confederate vice of chewing

the compressed leaves of the tobacco plant _(Nicotiana tabacum)_; the

Supreme Court, which has long since forgotten the Bill of Rights,

would promptly issue a writ of _nihil obstat_, with a series of moral

reflections as _lagniappe._ More, the Supreme Court would as promptly

uphold a law prohibiting the chewing of gum _(Achras sapota)_—on

the ground that any unnecessary chewing, however harmless in itself,

might tempt great hordes of morons to chew tobacco. This is not a mere

torturing of sardonic theory: the thing has been actually done in the

case of Prohibition. The Eighteenth Amendment prohibits the sale of

intoxicating beverages; the Supreme Court has decided plainly that, in

order to enforce it, Congress also has the right to prohibit the sale

of beverages that are admittedly _not_ intoxicating. It could, indeed,

specifically prohibit near-beer to-morrow, or any drink containing

malt or hops, however low in alcohol; the more extreme Prohibitionists

actually demand that it do so forthwith.

Worse, a minority not only has no more inalienable rights in the United

States; it is not even lawfully entitled to be heard. This was well

established by the case of the Socialists elected to the New York

Assembly. What the voters who elected these Socialists asked for was

simply the privilege of choosing spokesmen to voice their doctrines in

a perfectly lawful and peaceable manner,—nothing more. This privilege

was denied them. In precisely the same way, the present national House

of Representatives, which happens to be Republican in complexion, might

expel all of its Democratic members. The voters who elected them would

have no redress. If the same men were elected again, or other men of

the same views, they might be expelled again. More, it would apparently

be perfectly constitutional for the majority in Congress to pass a

statute denying the use of the mails to the minority—that is, for the

Republicans to bar all Democratic papers from the mails. I do not toy

with mere theories. The thing has actually been done in the case of

the Socialists. Under the present law, indeed—upheld by the Supreme

Court—the Postmaster-General, without any further authority from

Congress, might deny the mails to all Democrats. Or to all Catholics.

Or to all single taxers. Or to all violoncellists.

Yet more, a citizen who happens to belong to a minority is not even

safe in his person: he may be put into prison, and for very long

periods, for the simple offense of differing from the majority. This

happened, it will be recalled, in the case of Debs. Debs by no means

advised citizens subject to military duty, in time of war, to evade

that duty, as the newspapers of the time alleged. On the contrary,

he advised them to meet and discharge that duty. All he did was to

say that, even in time of war, he was against war—that he regarded

it as a barbarous method of settling disputes between nations. For

thus differing from the majority on a question of mere theory he was

sentenced to ten years in prison. The case of the three young Russians

arrested in New York was even more curious. These poor idiots were

jailed for the almost incredible crime of circulating purely academic

protests against making war upon a country with which the United States

was legally at peace, to wit, Russia. For this preposterous offense two

of them were sent to prison for fifteen years, and one, a girl, for

ten years, and the Supreme Court upheld their convictions. Here was a

plain case of proscription and punishment for a mere opinion. There was

absolutely no contention that the protest of the three prisoners could

have any practical result—that it might, for example, destroy the

_morale_ of American soldiers 6,000 miles away, and cut off from all

communication with the United States. The three victims were ordered

to be punished in that appalling manner simply because they ventured

to criticise an executive usurpation which happened, at the moment,

to have the support of public opinion, and particularly of the then

President of the United States and of the holders of Russian government

securities.

It must be obvious, viewing such leading cases critically—and hundreds

like them might be cited—that the old rights of the free American, so

carefully laid down by the Bill of Rights, are now worth nothing. Bit

by bit, Congress and the State Legislatures have invaded and nullified

them, and to-day they are so flimsy that no lawyer not insane would

attempt to defend his client by bringing them up. Imagine trying to

defend a man denied the use of the mails by the Postmaster-General,

without hearing or even formal notice, on the ground that the

Constitution guarantees the right of free speech! The very catchpolls

in the courtroom would snicker. I say that the legislative arm is

primarily responsible for this gradual enslavement of the Americano;

the truth is, of course, that the executive and judicial arms are

responsible to a scarcely less degree. Our law has not kept pace with

the development of our bureaucracy; there is no machinery provided for

curbing its excesses. In Prussia, in the old days, there were special

courts for the purpose, and a citizen oppressed by the police or by

any other public official could get relief and redress. The guilty

functionary could be fined, mulcted in damages, demoted, cashiered,

or even jailed. But in the United States to-day there are no such

tribunals. A citizen attacked by the Postmaster-General simply has

no redress whatever; the courts have refused, over and over again,

to interfere save in cases of obvious fraud. Nor is there, it would

seem, any remedy for the unconstitutional acts of Prohibition agents.

Some time ago, when Senator Stanley, of Kentucky, tried to have a law

passed forbidding them to break into a citizen’s house in violation of

the Bill of Rights, the Prohibitionists mustered up their serfs in the

Senate against him, and he was voted down.

The Supreme Court, had it been so disposed, might have put a stop to

all this sinister buffoonery long ago. There was a time, indeed, when

it was alert to do so. That was during the Civil War. But since then

the court has gradually succumbed to the prevailing doctrine that the

minority has no rights that the majority is bound to respect. As it

is at present constituted, it shows little disposition to go to the

rescue of the harassed freeman. When property is menaced it displays

a laudable diligence, but when it comes to the mere rights of the

citizen it seems hopelessly inclined to give the prosecution the

benefit of every doubt. Two justices commonly dissent—two out of nine.

They hold the last switch-trench of the old constitutional line. When

they depart to realms of bliss the Bill of Rights will be buried with

them.

Prejudices, third series · 第 47 / 51 题