CHAPTER IV

CIVIL GOVERNMENT

After the evolution of society through brute force and the first

stages of militarism, comes civil government. In its forms and methods

civil government differs from military government, but in its essence,

its real purpose and effect, it is the same. Civil government, like

military government, rests on violence and force. As society reaches the

industrial stage, it is easier and costs less waste of energy for the

ruling class to maintain its supremacy through the intricate forms and

mazes of civil government, than through the direct means of soldiers and

guns.

Civil governments, like military governments, are instituted and

controlled by the ruling class. Their purpose is to keep the earth and

its resources in the hands of those who directly and indirectly have

taken it for themselves. This can only be done by the establishment and

maintenance of certain rules and regulations concerning the disposition

of property and the fate of men. A vast army of officials, governors,

legislators, tax-gatherers, judges, sheriffs, policemen, and the like are

maintained by the governing class to enforce these rules and regulations

and keep the exploited in their place. The decrees of courts and the

various orders of civil government are enforced by violence, differing

only in kind from the general’s commands. The decrees of courts, whether

rightful or wrongful, must be obeyed, and the penalty of disobedience is

the forcible taking of property, the kidnapping and imprisoning of men,

and if need be, the taking of human life. If it shall ever occur that

the civil authorities have not sufficient force to compel obedience, the

whole power of the army and navy may at once be made subservient to the

civil power.

The vast army which is charged with enforcing and maintaining civil

law is drawn largely from the ruling class and those who contribute as

their willing tools. This class must be supported and maintained in

greater luxury than that enjoyed by the ordinary man, and the support

entails ceaseless and burdensome exactions from the producing class.

These exactions are a portion of the price that the worker pays for the

privilege of being ruled. It is true that a portion of the money forcibly

taken through the machinery of government is used for those coöperative

commercial purposes that are incident to a complex social life, but it

has never yet been shown that an autocratic power like a political state

is needed to provide the common resources incident to social life.

Practically the whole army of officials, with its wastefulness, its

extravagance and its endless peculation, is supported and kept in worse

than idleness for the purpose of ruling men through violence and force.

Even in so-called democracies the civil law, with its ponderous and

costly machinery, serves the same purpose as in monarchical states. It is

easy to understand that when the decrees of a ruler are absolute it can

matter little whether these decrees are issued to an army and carried out

by force of the bayonet and gun, or whether they are crystallized into

law and carried out by the orders of courts to be enforced by consigning

troublesome and rebellious subjects to the prison or the block. In either

event the will of the sovereign is law, and the law is made for the

benefit of the ruler, not the ruled.

In democracies, the form is somewhat changed, but the results are not

unlike. Every democracy begins with a great mass of regulations inherited

from the autocratic powers that have gone before. These laws and customs

are originally the same decrees that have gone forth from the absolute

rulers of the earth, and every change in forms and institutions is based

upon the old notions of property and rights that were made to serve the

ruler and enslave the world.

Then, too, authority has the same effect on human nature whether in an

absolute monarchy or a democracy, and the tendency of authority is ever

to enlarge its bounds and to encroach upon the natural rights of those

who have no power to protect themselves. The possession of authority

and arbitrary power ever tends to tyranny, and when autocratic orders

may be enforced by violence, liberty and life depend upon sufferance

alone. A close community of interest naturally springs up between those

circumstanced alike. The man who possesses one sort of power, as, for

instance, political privilege, is very friendly to the class who possess

another sort, as, for instance, wealth, and this community of interest

naturally and invariably arrays all the privileged classes against the

weak. The laws and regulations of a democracy tend no more to equality

than those of a monarchy. Under a democratic government inequality

of possession, of opportunity, of power, is quite as great as under

absolute monarchies. Given the right to use force of man over man and

the strongest force will succeed. You may forbid it in one direction,

it will but find a new method to accomplish the same result, like the

pent-up torrent that will find its outlet, in however circuitous a route

it is obliged to move. The legislators who make laws come either from

the ruling class or draw their honors, rewards, and emoluments from this

class; and the statutes of the most democratic state are not unlike the

dictates of the absolute monarch, and the decrees of both alike may

be enforced by all the power and violence of the state. But laws do

not execute themselves, and every official appointed or self-chosen to

enforce the law either comes from or naturally gravitates toward the

ruling class. Here again power grows by what it feeds on. Order is more

important than liberty, and at all costs order must be enforced upon the

many. The few have little need for law. Whatever is, is theirs, and may

they not use their own to suit themselves? The business of the courts and

officials is to enforce order upon the great mass who must depend upon

the few for the means of life. To enforce order upon them means that they

may only live in certain ways.

* * * * *

But admitting the orthodox view of government to be correct, then how

stands the case? The great majority of mankind still believe in the

utility of the state. They not only believe that society could not

exist without the state, but likewise that this political institution

exists and is maintained for the public good; that all its functions and

activities in some mysterious way have been conferred upon it by the

weaker class of society, and that it is administered to save this class

from the ravages of the vicious and the strong. Of course, there are many

humane officials, men who use their power to promote the public good,

as they see and understand the public good. These, in common with the

community, look upon the endless provisions of our penal code as being

the magical power that keeps the state from dissolution and preserves

the lives and property of men from the vicious and the bad. The idea of

punishment, of violence, of force, is so interwoven with all our concepts

of justice and social life that but few can conceive a society without

force, without jails, without scaffolds, without the penal judgments of

men. The thought never suggests itself to the common mind that nature,

unaided by man’s laws, can evolve social order, or that a community

might live in measurable peace and security moved only by those natural

instincts which form the basis and render possible communal life. To be

sure, the world is full of evidence that order and security do not depend

on legal inventions. From the wild horses on the plains, the flocks

of birds, the swarming bees, the human society and association in new

countries amongst unexploited people, suggestions of order and symmetry

regulated by natural instincts and common social needs are ample to show

the possibility at least of order or a considerable measure of justice

without penal law. It is only when the arrogance and the avarice of

rulers and chiefs make it necessary to exploit men that these rulers must

lay down laws and regulations to control the actions of their fellows.

And the more fixed the caste, the better settled the community; the more

complete the private appropriation of land, and the longer the penal

code, the greater the number of victims that are caught within its snares.

Turning from the examples everywhere present of the naturalness of order

and system to what we observe of the daily acts of men, the thought

that right conduct has little relation to penal laws is still further

confirmed. In the myriad acts of men it is only rarely that one is

done directly because of law. To turn to the right when you meet your

neighbor on the street; to imperil your happiness and even your life

to help in dire need; to protect the helpless; to defend the weak; to

tell the truth; in fact, to obey all that natural morality or right

conduct requires, is the first instinct of man, and ever prevails, not

only regardless of human law but in spite of human law, and this, too,

for the best and most abiding reason that can influence the life of man.

Nature provides that certain conduct makes for life, and in the sweep of

time, those who conform to this conduct live and their offspring populate

the earth when they are gone; those who violate the laws of communal

life will die or leave no descendants or weak offspring to be the last

survivors of their line. The unschooled child and the uncivilized race

alike tell the truth; they obey the laws of nature and the laws of life.

It is only after the exploiter appears with his rules for enslaving man

that he must needs build jails in which to pen those who defy or ignore

their power.

Resist not evil · 第 4 / 16 章