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Table of contents
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- Tyrants in Black Robes : How the Federal Courts Destroyed Our Republic
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Ethics informs us that human nature is guided by self-interest. History proclaims in every page that governments exhibit conclusive proofs of this truth. Is it probable, that in the management of commerce the best fund for their self-gratification the European governments have forgotten themselves, and remembered only the interest of the nation? If not, an inference from what is false, must be defeated by an inference from what is true, and the argument becomes a syllogism. Governments able to do so, uniformly sacrifice the national interest to their own; the European governments possess this ability; therefore they have regulated commerce with a view to advance their own interest, and not the interest of the nation.
The recommended imitation is of course perfidious in exhibiting to our view European nations, actuated by national interest, instead of European governments, actuated by an insatiable lust of power and money; and in suggesting that the recommended measures are imitations of the measures of wise nations instead of oppressive governments.
If we pursue these measures, whatever may be the western motives, the eastern consequences must be produced. Form is the shadow, but measures are the substance of governments; and by copying the measures of the English government, we adopt its substance. There is none which has co-extensively fostered avarice at the expense of the people, or managed commerce both foreign and domestick more successfully for this end. The Committee endeavour to allure us into this English mode of acquiring happiness, by a splendid picture of the English government; and that government can only compel the people to be as happy as the Committee propose to make us, by a great mercenary army.
This wise nation must either be very foolish in compelling the government to force them to be happy by the sword, or this patriotick government must be very tyrannical, in Edition: orig; Page: [ 10 ] saddling the people with a heavy unnecessary expense. The English nation, besides being awed by an army, is bribed to approve of the measures which constitute the system of their government, by the annual contributions of sixty millions of people in Asia, of vast continental and insular possessions in America, of a large territory in Africa, and of money-yielding possessions in Europe.
But rich tributes from the four quarters of the globe, cannot prevent a frightful degree of pauperism, nor reimburse the people for the distresses inflicted upon them by commercial restrictions. The reason is, that these are so contrived as to destroy all the good which commerce could have produced for the mass of the people, by making it merely an instrument for taxing them, and for intercepting all the wealth and tribute it brings in, to convey both into the pockets of the government, and of the exclusively privileged allies it has created.
But admitting the tributes of the English territories to be palliations of their system for regulating commerce, why should we be induced to believe their drug sweet without any such saccharine ingredients, when the English people themselves evidently abhor it.
ADVERTISEMENT.
They flee to their own fleeced colonies, and even to the United States, less blessed, or less cursed, by commercial restrictions and exclusive privileges, to escape from this policy the effect of which is, that the labours of above sixty millions of tributaries cannot enable twelve millions of Englishmen, inhabiting the finest island in the world, and unequalled in industry, perseverance, and ingenuity, to subsist comfortably.
Reasoning deduced from mismatching things to be compared, must be eminently erroneous. We ought to chasten the argument by a parallel between things of a similar nature; by comparing governments with governments, and nations with nations. An absence of similitude precludes the possibility of imitation. A free nation is not like an European government, nor an European government like a free nation. The wealth and splendour of a government, is seldom or never the wealth and splendour of a nation.
Even our government cannot be likened to the British government, because it has not the foreign possessions, the tributes of which enable the British government to persevere in its system of extravagance, bounties, exclusive privileges, and oppressive taxation. The British nation would yet rebel against this system of their Edition: orig; Page: [ 11 ] government if they could do so successfully; we may prevent the introduction of the same system into this country without rebellion, if we will.
If the Committee are to be understood literally, as advising an imitation of the British nation, they counsel us to abandon a system which that nation would overturn except for mercenary armies. The example of the British government is undoubtedly the best which has ever appeared for extracting money from the people; and commercial restrictions, both upon foreign and domestick commerce, are its most effectual means for accomplishing this object.
No equal mode of enriching the party of government, and impoverishing the party of people, has ever been discovered. By classing the objects to be compared correctly, and confronting things of the same nature with each other, we get rid of the confusion produced by mismatching them; and discern that the Committee, as advocates on the side of government, reason soundly in recommending an imitation of the system adopted by the British government; because it must be admitted that no other example can be adduced, by which a government can extract as much money from the people.
It would certainly exalt our government up to the British standard, and as certainly humiliate our people far below the British people, because we do not possess the foreign auxiliaries, by which they are hardly able to exist under the system recommended for our imitation.
But what painter has drawn Liberty as a mogul almost suffocated with money and jewels; or with an overflowing treasury in her lap, and scattering money and exclusive privileges with her hands?
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Would not a Sciolist have been ashamed of such a picture, and a Reynolds or a West have viewed it with contempt? Upon this egregious political heresy the committee have founded their system. It is a species of political irrigation which exsiccates a nation to overflow a government and exclusive privileges. Louis the fourteenth, when he bribed Charles the second and other Edition: orig; Page: [ 12 ] princes, had an overflowing treasury; yet the English, with a treasury insufficient to supply the extravagancies of Charles, were happier than the French.
The richest treasury in Europe was at that time united with the most miserable people, instead of being an indication of their happiness and prosperity. The Swiss Cantons are remarkable for the poverty of their treasuries, and the happiness of their people. The severity of their climate and sterility of their soil, are both compensated by the frugality of their governments; and two great natural evils are more than countervailed by one political blessing. If a poor country is made happy by this cardinal political virtue, what would be its effects in a rich one?
The Committee are fond of comparisons. Let them compare the situation of Switzerland; a rugged country under a severe climate; with that of their neighbors the French and Italians, favoured with fine soils and genial latitudes. All writers unite in declaring that the happiness of the Swiss far exceeds theirs. It exists under governments aristocratical or democratical, because of the absence of those paraphernalia by which rich treasuries are surrounded.
Does this comparison prove that we ought to abandon the principles by which a barren country is converted into a paradise, and adopt those by which the finest countries in the world are converted into purgatories for purging men, not of their sins, but of their money? An overflowing treasury in imperial Rome, impoverished the provinces, fed an aristocracy, corrupted the empire, and enslaved the first portion of the earth. That of the great Mogul, starved the people, enriched privileged orders, was a prize for Persia, and finally for England.
Russia is a country of a soil and climate resembling Switzerland, associated with a rich treasury; and the government is a tyranny. The whole world proves that there is no fellowship between overflowing treasuries and the happiness of the people; and that there is an invariable concurrency between such treasuries and their oppression.
They are the strongest evidence in a civilized nation of a tyrannical government. But need we travel abroad in search of this evidence? Have we not at home a proof that national distress grows so inevitably with the growth of treasuries, as to render even peace and plenty unable to withstand their blighting effects? Our short financial history faithfully recorded by the Committee, leads us from treasuries of republican frugality, to those of aristocratical opulence.
Edition: orig; Page: [ 13 ] If the great annual amount now drawn from the people by our governments and exclusive privileges, does not constitute an overflowing treasury, what sum of money will deserve that appellation? Have we experienced a concurrency between the happiness of the people and an overflowing treasury? The Committee have informed us that it does not exist in our case, and yet they advise us more ardently to pursue this heretical phantom.
No, it is not a phantom: it is a real political Colossus, erected to overshadow and reduce to dwarfs, the comforts of the people, and the people themselves. Is not the confederation of European kings or governments, a treasonable plot against the happiness of nations? Is it not the essence of this plot to obtain overflowing treasuries, and to foster exclusive privileges, for the special purpose of sustaining the oppressions of governments?
Would not our adoption of the same policy, be a tacit accession to this nefarious conspiracy? If our republican party, consumed by the rays of power, has died a natural death, may we not still hope that a new phenix will arise from its ashes, and again excite the admiration of the world by the beautiful plumage of frugality and equal laws, for increasing individual happiness; instead of towering above the people, in the European turban composed of exclusive privileges, extravagance, oppressive taxation, and an overflowing treasury.
Enmities among men are produced by a clashing of interests, and the intention of republican governments is not to promote, but to prevent this clashing, by a just and equal distribution of civil or legal rights.
Tyrants in Black Robes : How the Federal Courts Destroyed Our Republic
If artificial enmities are superadded to natural, their true intention is defeated; and the very evil is aggravated, they are intended to correct. Such is the policy which has arrayed class against class in Europe, and marshaled all its nations into domestic combinations, envenomed against each other by an ardour to get or to keep the patronage of their governments. These patrons make their clients pay the enormous fees they covet. As no government can patronize one class but at the expense of others, partialities to its clients beget mutual fears, hopes, and Edition: orig; Page: [ 14 ] hatreds, and bring grist to those who grind them for toll.
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Even brothers, whom nature makes friends, are converted into enemies by parental partialities. Will the partialities of a government between different classes promote the harmony and happiness of society? Is not their discord the universal consequence of the fraudulent power assumed by governments, of allotting to classes and individuals indigence or wealth, according to their own pleasure? Has not the English parliament been fatigued for centuries with eternal petitions, remonstrances, and lamentations from the artificial combinations it has created, or the natural classes it has favoured or oppressed, soliciting partialities, and deploring their pernicious effects?
Does not the English press at this time, teem with complaints by the manufacturers, of the corn laws?
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What has produced our existing enmities? Are our agricultural, manufacturing, and commercial enmities; our slave-holding and non slaveholding enmity; our banking and anti-banking enmity; our pension and bounty enmity; the enmity between frugality and extravagance; and our Federal and State enmities, natural or artificial? Do they not all proceed from an imitation of the European policy deduced from the claim of a sovereign or despotic power in governments to distribute exclusive privileges, local partialities and private property, by their own absolute will and supremacy?
What then is the remedy for these crying evils? To remove or to increase their cause. The policy by which they are produced, caused for ages religious as well as civil enmities. A patronage of religious classes is yet attended in other countries with mutual hatred. Here, the removal of the cause, is proved to be the best remedy for the evil. If civil enmities, like religious, have every where attended legal partialities, the remedy is before our eyes. It is in vain to preach conciliation, if a policy, which inevitably begets division and hatred is adhered to.
The justice of leaving wealth to be distributed by industry, is a sound sponsor for social harmony whilst the injustice of compelling one class to work for another, as naturally excites rapacity and indignation, and is equally a sponsor for hostility. Yet the two assertions combined are not devoid of edification. To get more than we spend is undoubtedly a thrifty maxim, applicable to governments and classes, as well as to nations and individuals. The Committee have illustrated its truth, by stating that the Federal government has received a very large sum of money, but that by expending more, it is reduced to the necessity of borrowing.
True economy, say the Committee, consists in spending less than we get; and in lieu of this true economy, they recommend a project for making the treasury overflow by internal taxation. Yet overflowing of treasuries will increase public expenditures and taxation. Compare then the thrifty maxim applauded by the Committee, with their conclusion, and consider whether it will confirm or refute it. The government has spent more than it received; the maxim recommends an expenditure of less; and from these facts the Committee have extracted their policy for making the treasury richer, the expenditures of the government greater, the agricultural class which chiefly supplies these expenditures, poorer; and for enabling the capitalist class, which supplies none of these expenditures, to milk all other classes, which milk they sell, but never give to governments.
Apply the maxim to classes. The Committee endeavor to persuade the agricultural class, that it is false as to that class, by asserting that it will be impoverished by buying cheap, and of course expending less; and that it will be enriched by buying dear, and of course expending more. There would be wonderful ingenuity in convincing both the spendthrift, and the receiver of the spoil, that the first lost nothing, and the second gained nothing.
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Yet the Committee have undertaken to perform both these exploits, by endeavouring to prove that the agricultural class, far from losing any thing will be a gainer; and that the capitalist class, far from gaining any thing, must in the end sell cheaper than foreigners, and also buy dearer of the agricultural class.
But, however strong the arguments of the Committee may be to prove both of these assertions, the capitalists obstinately persist in disbelieving them, and fatuitously contend for a bounty, designed only as a bait for the snare intended to overwhelm them with the double ruin of selling cheap and buying dear.
The Committee Edition: orig; Page: [ 16 ] have been more successful with the agricultural class than with these calculating gentlemen. A spendthrift is more convincible than one of your thrifty cautious people. If his character is compounded of vanity, ignorance, and generosity, he is exposed to flattery, cunning, and ambiguity; and the liberality of his mind is only frozen by the poverty resulting from his indiscretion.
A portion of the agricultural class have credited the prophecy of a future cheapness of manufactures, and a future dearness of eatables, to be produced by violating the very maxim of thrift; whilst the capitalists unanimously disbelieve it, and eagerly prefer a bird in the hand. As to the mercantile, sea-faring, and professional classes, they have no products to carry to the visionary markets so alluring to some of the agriculturists; and being weak and defenseless, not even a prospective bonus is offered to them.
The mechanical class, as I shall hereafter show, is treated still worse: only that class, strong enough to do itself justice, is complimented with being deceived.