Over the past few days, I’ve gone back through historical debates about tax resistance to try to understand how both of these extremes — and many points in-between — have been attacked and defended over time.
I underestimated just how much of a project this was going to end up being.
I had to take detours into complicated legal and philosophical discussions of complicity and responsibility.
I’m still nowhere near done yet.
If you’re curious, you can watch me taking notes on a wiki, and you can add comments if you’d care to.
As I mentioned , a frequent point of contention in debates about conscientious tax resistance is whether (and if so, to what extent) paying taxes makes a taxpayer complicit in the deeds of the government.
Different people have taken positions at either extreme (not at all complicit, absolutely complicit) and at various points in the middle, and have deployed persuasive arguments and metaphors to argue their cases.
I’ll explore some of these arguments today.
I’m going to start off with some discussion of law and legal culpability.
The Nuremberg Principles
One reason a discussion of legal theory is important in what initially seems to be a discussion about moral, not legal, responsibility, is the Nuremberg Principles.
The people who drafted these Principles were trying to articulate what they supposed to be universal, eternal, and self-evident crimes.
(This was meant to solve the problems of jurisdiction and ex post facto law in the trials of Nazi war criminals, and also to formally outlaw such things as aggressive war.)
The Principles state, in part,
“Complicity in the commission of a crime against peace, a war crime, or a crime against humanity [elsewhere defined] is a crime under international law.”
and
“The fact that a person acted pursuant to order of his Government or of a superior does not relieve him from responsibility under international law, provided a moral choice was in fact possible to him.”
A number of war tax resisters have taken these Principles as an inspiration, and some have even adopted the conceit of saying that they are afraid that if they pay taxes they may risk being prosecuted under the theory the Principles articulate.
The United States government is certainly guilty of the crimes listed under that first bullet point, so — leaving aside the practical difficulties involved in holding anyone accountable for complicity with the United States government at this stage of the game — what must one do if one wants to avoid such complicity?
Must one resist paying taxes, for example?
Larry Rosenwald is one war tax resister who believes the answer to that question is an unequivocal “yes”:
To pay war taxes is to acquiesce in building weapons of mass destruction… what international law as derived from the Nuremberg principles arguably defines as a crime…
It is, simply, a wrong act for any pacifist, any adherent of international law, any person fundamentally opposed to American policy; and I do not understand what keeps such people from refusing taxes…
And he’s not alone.
Conspiracy theory
I quoted blogger FSK yesterday as saying, “If you pay taxes, you are as responsible for war as the soldier who kills people.
If you pay taxes, you are directly responsible for every bad thing government does.
Paying taxes is immoral.”
This representation bears some resemblance to the legal concept of conspiracy.
One set of jury instructions about conspiracy put it this way:
[W]here several persons conspire or combine together to commit any unlawful act, each is criminally responsible for the acts of his associates or confederates committed in furtherance of any prosecution of the common design for which they combine.
In contemplation of law, the act of one is the act of all.
Each is responsible for everything done by his confederates, which follows incidentally in the execution of the common design as one of its probable and natural consequences, even though it was not intended as a part of the original design or common plan.
There are a couple of glaring problems with stretching the concept of conspiracy to cover taxpayers.
For starters, it seems hard to take seriously once you consider all of its ramifications.
For instance, I don’t think FSK really believes what he’s saying he believes.
He’s said on other occasions that he has an above-ground job at which taxes are withheld from his paycheck, and that while he’d be willing to take a job in the underground or “agorist” economy in order to avoid these taxes, he wouldn’t be willing to take a pay cut to do so.
Can it really be true that as a taxpayer he feels “directly responsible for every bad thing government does,” — as responsible as the people who directly carry out those bad things, but that he feels so blasé about this that he wouldn’t stop doing it if it cost him any money?
His excuse may be that he has to earn a living, but how is this different from the same excuse given by a soldier, Senator, or bureaucrat — assuming you believe, as FSK says he does, that a taxpayer is just as responsible as they are for their actions?
Secondly, to prove “conspiracy” in the legal sense, you have to show that the parties to the agreement agreed to work together to achieve some common end, and that either the end itself, or the methods they chose to reach that end, were illegal.
This isn’t as hard to prove as it might sound at first.
You don’t necessarily have to prove that the conspirators actually met or signed onto a formal plan.
As one set of jury instructions put it:
[I]t is not necessary to constitute a conspiracy that two or more persons should meet together, and enter into an explicit or formal agreement for an unlawful scheme, or that they should directly, by words or in writing, state what the unlawful scheme was to be, and the detail of the plans or means by which the unlawful combination was to be made effective.
It is sufficient if two or more persons, in any manner, or through any contrivance, positively or tacitly come to a mutual understanding to accomplish a common and unlawful design.
and another:
[A]ll who take part in a conspiracy after it is formed and while it is in execution, and all who, with the knowledge of the facts, concur in the facts originally formed and aid in executing them, are fellow conspirators.
Their concurrence, without proof of an agreement to concur, is conclusive against them.
They commit the offense when they become partners to the transaction or further the original plan.
Do taxpayers meet this sort of qualification?
If you’re putting on your prosecutor’s-hat, you can probably look at these instructions and say, sure, I could make it stick.
But if you’re defending the taxpayer against a charge of conspiracy, you’ve got a good trump card to play:
In short, if my client is accused of illegally conspiring with a government, by paying taxes to it — how can you suggest that there was some sort of “agreement” or “mutual understanding” if the government had to threaten my client to comply?
That doesn’t sound like an agreement to me.
My client isn’t an accomplice, but a victim!
Duress — How much can it excuse?
But just how good of a defense is it to say that you were paying taxes under duress?
Can such an argument always relieve you of all responsibility, or does it only work when certain conditions are met, or only relieve you of a certain amount of responsibility?
How much compulsion must the government use before it absorbs responsibility?
Is there a threshold?
Does it depend on what they’re trying to absorb responsibility for?
It couldn’t be the case (could it?) that the government could “force” you to murder someone by threatening you with a $25 fine for refusing — and that the government could take all of the guilt off your shoulders in this way.
Alas, in the debates about tax resistance, usually government compulsion is seen as an all-or-nothing sort of thing, and questions like these go unanswered.
William Lloyd Garrison said at one point that willingly paying taxes to a government that upholds slavery was wrong, but that to acquit yourself it is sufficient for you to announce that you are not cooperating willingly, and to strike an attitude that is consonant with that declaration:
[A man] may consent peaceably to yield up what is demanded of him, but not without remonstrance, and only as he would give up his purse to a highwayman.
He will not recognize it as a lawful tax — he will not pay it as a tax — but will denounce it as robbery and oppression.
Tolstoy agreed, emphasizing that although it was wrong to voluntarily pay taxes, under the Christian non-resistance principle that he (and Garrison) adhered to, it was also wrong to resist the government in seizing taxes:
A religious man may not resist by force those who take any of the fruits of his labour — whether they be private robbers or robbers that are called “the Government”…
The proper thing to do when the government comes calling, in this school of thought, is to refuse to pay voluntarily but to submit peacefully to distraint of property.
But J.G. James argued against such passive tax resistance, by saying:
It may well be questioned if the payment of rates or taxes is voluntary at all, since the account is presented in the form of a demand, and not a polite request.
Inasmuch as payment is compulsory in any case, is not Passive Resistance merely an awkward, expensive, and an inconvenient mode of payment for all concerned?
It’s easy to confuse these two cases:
in which someone actually forces you to do something (such as forcing you to stay in prison by locking the doors)
in which someone threatens you with unpleasant consequences if you do not do something.
In the first case, you don’t have alternatives to choose from, so you don’t have any blame for what you’re stuck with.
In the second case, though, your options have merely been changed.
You still have a choice to make, and that choice can be praiseworthy or blameworthy.
Hannah Arendt wrote:
…in the words of Mary McCarthy, who first spotted this fallacy:
“If somebody points a gun at you and says, ‘Kill your friend or I will kill you,’ he is tempting you, that is all.”
And while a temptation where one’s life is at stake may be a legal excuse for a crime, it certainly is not a moral justification.
If the tax collector says “give me your money or else,” that isn’t the end of the inquiry, but the time to say “or else what?” and then to weigh the options.
If I believed FSK’s argument that what the tax collector was saying was “be directly responsible for every bad thing government does or else” I’d be asking my “or else what?” with bluff-calling incredulity.
When you eat a Chiquita you’ve done your part
Can you be found legally guilty for payments you made under duress?
You certainly can, under some circumstances anyway.
Look at what happened to Chiquita (you know, the banana company).
Chiquita had been operating in Colombia and, as a cost of doing business there, had to pay taxes to some of the governments that control parts of the country.
Three of those governments were designated as terrorist organizations by the United States government, which has passed a law prohibiting anyone from funding such organizations anywhere.
In addition, there is an international agreement (as of ) that prohibits funding terrorist organizations.
It says:
Any person commits an offence within the meaning of this Convention if that person by any means, directly or indirectly, unlawfully and willfully, provides or collects funds with the intention that they should be used or in the knowledge that they are to be used, in full or in part, in order to carry out:
(a) An act which constitutes an offence within the scope of and as defined in one of the treaties listed in the annex; or
(b) Any other act intended to cause death or serious bodily injury to a civilian, or to any other person not taking an active part in the hostilities in a situation of armed conflict, when the purpose of such act, by its nature or context, is to intimidate a population, or to compel a government or an international organization to do or to abstain from doing any act.
(On its face, this would seem to prohibit paying taxes to the United States government, but seeing as the government is a signatory to this agreement, and seeing as all of the signatories are governments, I’m sure there’s a loophole.)
In any case, Chiquita pled guilty in a plea bargain and was hit with a $25 million fine.
But I’m not sure if this really is relevant to the topic at hand.
Note that Chiquita was not charged with conspiring with these Colombian terrorist groups — wasn’t charged as a co-conspirator or accessory in their crimes — but was charged with a distinct crime of providing funds to terrorist organizations.
On the other hand, that crime may itself just be a sort of legal shorthand that amounts to essentially the same sort of thing.
I haven’t investigated the legal theory behind it.
It’s Caesar’s fault
J.G. James was a believer in law and government, and so he felt that when taxes or tax expenditures conflicted with conscience, the proper response was to do what could be done within the law to rectify the problem, but to go no further:
[I]t is the duty of a conscientious citizen to pay an unjust charge if he has tried in vain to prevent the measure passing into law, on the ground that he is no longer responsible for the expenditure of public funds, after he has done his utmost to control that expenditure by legalized means
This argument, that once the money is out of your hands you are no longer responsible for how it is spent, comes up frequently in debates about tax resistance — often even from tax resisters themselves, when trying to explain the limits of their resistance.
For instance, John H. Dadmun was a conscientious objector during the American Civil War who, in addition to refusing to serve in the military, refused also to pay someone else to serve as a substitute in his place (which was at the time a legal alternative to service).
This was because, he said, “that is the same as to go myself.”
But he was willing to pay a militia exemption tax (though it would take him some time to raise the money).
Someone chided him about this, noting that “the government can take the money and get a substitute.”
Dadmun responded:
“It might do so, but there is no provision into the law to carry that into effect; and furthermore, the Marshal has told me it had not been so used, but must be paid into government and he could not trace it further…”
Eventually…
[T]he brethren gave me almost a hundred dollars, and others lent me for Christ’s sake, not knowing whether I would be able to pay or not, and thus I was able to purchase my liberty, and satisfying the government, by “rendering Caesar his own,” with image and superscription thereon; and if he makes a bad use of it, he is responsible; as I have no further control of it.
G.W. Gillespe, another Civil War-era conscientious objector, had a nearly identical stand:
[T]he idea of hiring a man to kill for me would implicate me in the crime; so I refused to give even five cents for a substitute.
If I had had three hundred dollars, I could conscientiously have given it to Caesar as a last resort, to get exempt from the bloody field of carnal strife.
Some tried to persuade me that it was just as bad to pay the money as to hire a substitute, as the money was for that purpose.
The difference is great.
The Lord will not hold me accountable for the mischief that money, taken from me by force, would do when employed by others.
Caesar demands taxes of us; we pay them, according to the instruction and example of our Lord.
We render unto Caesar that which is Caesar’s, and Caesar hires a man to shoot his enemies for him; are we to blame?
By no means.
But to hire a man to fight in my place, would be like hiring a thief to steal in my place.
Both guilty.
Rendering unto Caesar
Here we hit one of the big stumbling blocks that Christian tax resisters have run into.
The New Testament is distressingly explicit, in Romans 13:
Everyone must submit himself to the governing authorities, for there is no authority except that which God has established.
The authorities that exist have been established by God.
Consequently, he who rebels against the authority is rebelling against what God has instituted, and those who do so will bring judgment on themselves.…
[I]t is necessary to submit to the authorities, not only because of possible punishment but also because of conscience.
This is also why you pay taxes, for the authorities are God’s servants, who give their full time to governing.
Give everyone what you owe him: If you owe taxes, pay taxes; if revenue, then revenue; if respect, then respect; if honor, then honor.
If Jesus wanted us to know that we should resist taxes to governments that were going to apply the tax money in sinful ways, he was given every opportunity to make this clear when he was asked: “Is it right to pay taxes to Caesar or not?”
Instead, he responded with the koan “Give to Caesar what is Caesar’s, and to God what is God’s” which confused everybody at the time, and the meaning of which continues to defy consensus today.
The best the resisters could come up with to justify their position was either a confidently asserted, if somewhat strained reading of the “Give to Caesar” koan (one war tax resister insisted that Jesus delivered his koan during a time of peace in the Roman Empire, so Jesus was by no means countenancing war taxes), or the story from Acts 5 in which the apostles defied the law and continued to preach the gospel according to God’s explicit command.
Asked to explain themselves,
Peter and the other apostles replied: “We must obey God rather than men!”
Most Christian tax resisters took the “Give to Caesar” koan and certainly the Romans passage to mean that God does indeed command us to pay taxes, even to unjust governments, but took the Acts “We must obey God rather than men” statement to provide an occasional override:
Essentially “render unto Caesar and submit to the government, unless that means disobeying God.”
T.S. Grimké put it this way:
[If the ruler] require me to pay taxes, although one object of the taxes be the support of idolatry, or the waging of war, I comply, simply because he has a clear right to levy taxes, and the responsibility of applying them is with him, not with me.
He is lawfully possessed of the power on the principle of civil obedience, as taught us in the New Testament; taxes are among the usual and necessary instruments for the administration of government; the use to which he shall apply them, is not my province, but his: he requires nothing unlawful of me, and therefore I comply.
Here then is the distinction.
If he commands what is unlawful, as a means for the attainment of even a lawful end, I refuse obedience.
But if he commands what is lawful, intending when the command has been performed by me, to employ the fruit of my obedience in the accomplishment of unlawful purposes in which I have no hand, I obey, because he requires of me only what is rightful.
I have nothing to do with his motive or his object.
I would illustrate this by the case of a debt.
I am indebted to another.
He demands payment.
I am not at liberty to refuse, because I happen to know, or have reason to believe that he will employ the money, when paid, for unlawful or immoral purposes.
This follows from the principle already stated.
My duty is very clear, to pay the debt: the use of the money, when paid, is at once his right and responsibility.
This may be aptly illustrated by a modification of the case stated.
I am indebted to another; but the debt is not due.
He calls for payment, not having a right to do so, and I happen to know, that his reason for wishing the money then, is to make an improper use of it.
I am bound to refuse; because not being bound to pay then, I am volunteering to grant a favor, knowing that it will be abused.
On the same principle I can conscientiously pay taxes, knowing, that among other objects, the public money will be applied to pay judges and jurors for trying and condemning criminals to capital punishment; to pay the salary of the president of a college, who teaches that public prayer is unchristian, and the clergy a set of impostors; or to pay the expenses of war.
This seems to me the only safe and wise principle, and it furnishes a suitable criterion for civil obedience.
[However, if the] magistrate, instead of a general tax law divides the taxes, and lays on the advocates of Peace the war tax.
They cannot conscientiously pay it; because they are thus made the sole and direct instrument of carrying on the war, and without their compliance, it must be at a stand.…
…Obedience is due to the civil magistrate, not as a duty to society, but as a duty to God.
God only can then lawfully fix the land-marks of that duty.
This was also Edward Swaine’s argument against tax resistance by nonconformist Christians against government support for establishment churches.
And he was unafraid to take his argument to its logical ends:
If Cæsar say “Give me money,” we must give it; for God has nowhere said “Do not give Cæsar money,” or “Do not give Cæsar money without satisfaction that he will properly apply it.”
If Cæsar say “Do not preach,” Paul must refuse obedience, for Christ has said to him “preach!”
If Cæsar say to us, “Go to the North Pole” — or “wear a cocked hat” — we must do so; for God has not claimed our obedience to the contrary.
He has not said, “Do not go to the North Pole” or “go only where you please.”
He has not said, “Do not wear a cocked hat,” or “wear only what you like.”
Those things, then, concerning which God has claimed nothing of us, we must render unto Cæsar.
Swaine draws the line in this way:
God says to us in effect… If [Caesar] should say to you… “I resolve to establish the worship of Baal for the good of the Empire,” and to levy a tax for that purpose, the resources of the State are his, and you are bound to render the tax.
But, if he should say I hold it to be for the good of the land, that every one acknowledge Baal to be God, and therefore require the payment of the tax to be accompanied by a recognition by the payers of the godhead of Baal, you are bound, while you pay the tax, to refuse the recognition, though impaling or burning be the penalty.
Or, if the tax be collected under an enactment that every one who pays shall be considered as offering to Baal, you are bound to refuse the payment, for to pay in such case would be equivalent to worship, and a rendering to Cæsar of that which is God’s.
But I do not justify your refusal of taxes, because they may be levied for a purpose that my law condemns.
He who violates my law must answer, and that is not you who pay the tax, but he who levies it if a bad one.
It is he who misapplies the National Funds, not you who had no rightful command over them to apply or misapply.
You have no responsibility, and violate none of God’s laws, if your tax dollars are spent in sinful ways, according to Swaine, because “the tax-gatherer comes… not for a contribution, or subscription, or aid, but for property no longer the subject’s to give or to withhold, and no longer under his rightful control…”
Taxes for bad objects are to be paid, not because we can be excused for helping evil by any voluntary act, that we are morally free to forbear, nor because the payment of such taxes will not help evil, for it will help evil, just as much as the payment of a debt to one who is going to misapply the money will help the evil, — but because the tax is not the subject’s any more than the debt is the debtor’s to help with or to withhold.
The payment therefore is his duty, for he is not morally free to decline it, although it will help evil.
Is paying a tax like paying a debt?
This comparison of taxes to debts, as used by Grimké and Swaine above, was an important metaphor in the ongoing debate about tax resistance.
If paying taxes to the government is good in and of itself, because God has so decreed it, then taxpaying can’t simply be judged according to its consequences.
A tax payment, in this way of thinking, is not a donation or a subscription or a contribution that is made voluntarily, but is a duty akin to repaying a debt.
You can’t ethically refuse to repay a loan because you think the person you owe money to will spend it unwisely.
Here’s an example of how this metaphor was used by one tax resister:
Joshua Maule was a Quaker advocate of war tax resistance.
When a general tax was increased by a certain percentage in order to pay for war expenses (with the government explicitly saying this was the reason), Maule refused to pay this additional fraction of his taxes, and he insisted that this was the only position consistent with traditional Quaker teaching regarding war.
Maule’s critics asked him why he continued to pay other taxes (like excise fees) or the remaining portion of his general tax — since surely some of these taxes would also go to pay for war.
Nathan Hall compared Maule’s stand to someone trying to avoid drinking intoxicating beverages by, for instance, only drinking 75% of a bottle of 50-proof (25% alcohol) liquor:
We both have a testimony against the use of ardent spirits, but are, being very thirsty, placed in a situation where we can get no water except some that has a small portion of whiskey in it.
Being under the necessity of taking something, thee may, by inquiry and calculation, find what proportion of the objectionable article is contained in it, and leave just that much in thy bowl; while my understanding will be that in partaking I partake of both good and bad, and in refusing refuse both.
So that with me the question is and has been, not what portion I should pay so much as whether any at all.
Maule responded by trying to draw a sharp line between ordinary civil taxes, which like a debt he must pay regardless of how some of it may be used, and explicit war taxes, which fall under a different rule:
The arguments used in reference to what disposition the officers of the law might make of the money collected appeared to me to be valueless.…
I am not accountable for the acts of other men: if I owe a just debt, I must pay it; if the person receiving the money uses it for a bad purpose, the accountability is with him; but if he demand money of me avowedly to be used in any way to the plundering of my neighbor, destroying his property, or taking his life, then if I furnish money thus demanded I become an accomplice in the evil work and accountable for the sin.
I consider our civil taxes a just debt that should be promptly paid, but I am satisfied that no human authority has either a moral or a religious right to demand of me money or means of any kind to aid in destroying the lives and property of my fellow-men.
Samuel Allinson put forward the most forceful attack on the tax-as-debt analogy in .
First off, he denied outright that God has commanded us to give Caesar anything that Caesar plans to put to a sinful purpose: “if tribute is demanded for a use that is antichristian, it seems right for every Christian to deny it, for Cæsar can have no title to that which opposes the Lord’s command.”
Having knocked out the divine pillar upholding taxpaying as a moral duty, he then proceeds to attack the idea that taxation represents some sort of secularly-contracted debt, or part of an implied “social contract.”
Allinson argues that no Christian would agree to the terms of a contract that might require him to do the devil’s work:
Every valid contract is voluntarily entered into, and as it is the duty of every one previously to see that his engagement is innocent, so when his promise is purchased by a consideration given it would be dishonest and deceitful not to perform it, the other party having, as it were, deposited so much effects in his hands, which he is to render back according to agreement and when received the receiver has a right to apply it as he pleases without any account to the payer, but in the case of taxes he who gives has a right to call to such an account and therefore seems himself liable for and privy to the application.
Every man has or has not given his assent to the government he lives under, in the first, he has formally declared his allegiance thereto, in the latter, that allegiance is implied in consideration of his receiving the protection and benefit of it in the safety of his person and the security of his property, in both, it is no more than to be “true and faithful” which can never mean a compliance with every requisition, for we owe a superior allegiance to the King of Kings, and whenever the requisitions of man run counter thereto we “ought to obey God rather than men”
…
We have never entered into any contract, express or implied, for the payment of taxes for war, nor the performance of anything contrary to our religious duties…
Conclusion?
So have we made any progress here?
We’ve at least been able to review the question from several angles and to get some historical perspective on how it has been wrestled with.
I think I’ve demonstrated that both of the extreme positions — that paying taxes makes you a fully-guilty accomplice in whatever the government then does, or that paying taxes because it is involuntary is a decision without ethical import — have serious flaws.
I’ve spent a lot of time on the Christian and the legal viewpoints, but as an atheist and an anarchist, to me those viewpoints are often only tangentially advisory at best and mere curiosities at worst.
For me the question is an ethical one that has to be resolved with my reason and my conscience.
And as best as I can make out:
I am under no original ethical obligation to pay a tax.
Taxpaying is not in and of itself good, and I did not in reality enter into something akin to an agreement or contract that I would be unethically violating by failing to pay.
Given that, I have to evaluate my decision to pay or not to pay a tax by looking at what consequences I expect will result — in other words, by imagining two worlds, one in which I paid the tax and one in which I haven’t — and choosing from them which one I’d prefer to be in.
By doing this, I also imagine two of me, one who paid the tax and one who didn’t, and I choose which one I want to become.
In doing this, as with so many other decisions, some of my considerations are ethicalish (which of these worlds is more just? which of the possible me am I more proud of?) and some are more ordinarily self-interested (in which world am I more satisfied or better-off or esteemed?).
This is, as far as I can tell, how it is and how it should be.
And where this has led me so far is where I’m at.
Resisting some taxes completely (the federal income tax), others not-so completely (federal excise taxes), others hardly at all (the state sales tax), others dysfunctionally (the self-employment tax, which I don’t pay voluntarily, but which I accept will probably be seized).
Along the way, I recalculate my situation and recalibrate my decisions based on my best judgment and my evolving understanding.
And these wanderings through the thoughts of people who have grappled with these conundrums before me don’t hurt.
The smug, ironic distance of the standard Harper’sian voice may seem a poor match for such ridiculously earnest Picket Line concerns as taxpayer complicity, but Metcalf makes a good go of it.
It’s probably made many liberal taxpayers feel a twinge of guilt .
If you know any, send ’em the link.
The Buddha taught that sila (morality) in respect of non-killing is on three levels:
Abstain yourself from killing
Do not support others engaged in killing
Do not approve of others engaged in killing
It is clear to me that paying taxes to any government on this earth in present times amounts to direct finance of murder.
It violates directly and implicitly the Buddha’s precepts.
Paying taxes makes of one a material accomplice to murder.
How can I escape my derivative responsibility as an accomplice in finance of war when the whole economy is geared to war?
Simply to participate voluntarily as an “upwardly mobile” member of a mindlessly destructive culture is, at the least, acquiescence to mass murder.
I live on savings and try to contribute to society as a one-way flow.
I am aware of how fortunate I have been to enable this manner of living.
I was a moderately successful rat in the race who took his chance to jump off the treadmill.
I am not a highly evolved moral being.
Along with moderate success has come immense failure, primarily caused by my own flaws of character.
I am a learner.
I take solace in the perception that all of life is an experiment, and that there can be no failed experiment — only collection of more data.
So lately I’ve been being very urban homesteader — baking bread, brewing beer and sake, making yogurt, weeding the garden, canning soups.
I’ve been looking for a paying gig, too, which I think partially explains my sudden explosion of home usefulness: it gives me something productive to do while I wait for résumés and bids to be ignored.
What I haven’t been doing much is writing anything substantial for The Picket Line.
Sorry ’bout that.
Meanwhile all sorts of interesting things have backed up in my bookmarks, waiting for me to add some insight or context before passing them on for you to enjoy.
I think instead I’ll just let them spill out here and trust you to fill in the blanks:
Francois Tremblay wonders if taxpayers become complicit in what their tax dollars support. He weighs the arguments for both sides (no, because their participation is legally required; and yes, because their participation is nonetheless voluntary) and then engages in some spirited give-and-take with his readers.
War tax resisters Phil and Louise Baldwin Rieman died in a car accident shortly after .
There have been several remembrances of the couple on-line, such as this one from the Church of the Brethren.
Murray Rothbard writes about ending tyranny without violence (through withdrawal of consent) and the nearly 500-year-old insights of Étienne de La Boétie.
The Taxpayer Advocate said in its annual report that American taxpayers pay — above and beyond what they actually are charged in taxes — nearly two hundred billion dollars just trying to do the paperwork involved in taxpaying.
Our local paper did the math and put a number on a conclusion that should have been pretty obvious: it’s much cheaper to take public transit than to drive.
According to their figures, it costs Bay Area drivers about $1,000 per month to get where they’re going by car instead of by bus and rail.
Hell, we pay that much for rent.
A writer for Rebelión notes that Europe’s public is sick of spending so much on the military and asks, “is tax resistance not therefore justified, an investment in the struggle for what is worth the trouble of defending instead of the military costs that impede this to a great extent?” (en español)
Finally, U.S. nuclear weapons spending topped $52 billion (and that’s only counting what we’re allowed to know about).
Compare that to the budget of your favorite government agency, business, or non-profit.
Some remarks
occasioned by the perusal of John Brown’s
The Law of Christ Respecting Civil Obedience, Especially in the Payment of Tribute
and its various notes and appendices
concerning a nineteenth century flame war largely over matters religious but touching on conscientious objection and the duty of refusing certain taxes
in multiple parts
which is to say: don’t say I didn’t warn you.
Part Two.
In part one of my review, I introduced you to John Brown, a nonconformist Scottish minister who was refusing to pay a tax designated for support of the official government church, and to his interpretation of Romans 13 and the Christian duty of civil obedience it mandates.
Brown moves on in part two of his book to look at the particular case of taxation, and I’ll follow suit in part two of my review.
Brown notes that Paul singled out taxation as a specific example of the way Christians ought to submit to the powers-that-be: “for this cause pay ye tribute also… Render therefore to all their dues: tribute to whom tribute is due, custom to whom custom…”
He says there are historical reasons for this: For one thing, Christians needed to distinguish themselves in Roman eyes from the Zealots, particularly from followers of that other notorious Galilean, Judas (no, not that Judas), who had led a violent tax-related rebellion under the theory that Jews ought not to pay tribute to pagan kings — one which was crushed.
He also notes that the “for this cause pay ye tribute also” phrase can also be accurately translated “for this cause ye pay tribute also” — turning a commandment into a mere description, though I’m not sure this really changes much, given its context, and in any case he is unconvinced that this is the correct rendering.
The gist of the passage, says Brown, was that Christians should voluntarily give whatever tribute was asked of them — neither refusing, trying to evade, or attempting to get away with underpayment — as a matter of moral obligation.
He paraphrases the section of Romans as follows:
Pay tribute, as well as yield obedience, from a regard to the divine authority; for not only are the higher officers of the imperial government to be considered by you as God’s ministers to protect the peaceable and to punish the lawless, but those very contemned and hated publicans are God’s ministers also, and the collection of tribute is the work which he, in his providential arrangements, has assigned them.
You cannot refuse compliance with their lawful demands, without disobeying God: you cannot cheat them, without robbing him.
Paul’s instructions about taxes, writes Brown, “are a reply to the question, Are Christians bound to pay tribute to a government administered by heathens?
And that reply is a very strong affirmative.”
Much as he did in part one, having established the strict general principle, Brown goes hunting for the particular loopholes.
He starts by saying that as taxation is just one of the class of duties of obligatory obedience that Christian citizens must honor, the general case of which he treated in part one, it’s likely that the same three exceptions that applied to the general case there apply to this specific case here.
He notes, however, that many Christians have taken Paul’s emphasis on taxation to mean that taxation in particular has a stricter obligation attached to it.
Brown feels that if Paul indeed meant this, he would have said so explicitly.
If taxpaying is obligatory above and beyond the limits of ordinary civil obedience, this is not because the Bible says so, but must be because of something peculiar about taxation.
And this is where it gets most interesting to me, because he addresses this question, which I’ve wrestled with here from time to time:
[T]here are only two conceivable causes… which could give this idiosyncrasy to this particular form of civil obedience: either that the parting with money is not in itself, properly speaking, a moral act — or, that supposing it to be in itself a moral act, if performed voluntarily, the compulsory nature of the exaction strips it of its morality.
The first of these possibilities — that monetary transactions are by their very nature devoid of moral import — he dispatches quickly.
The second one takes some more work.
I prefer the more pithy version he wrote in a letter-to-the-editor when he was responding to Robert Haldane’s criticism of his tax resistance:
To command a person to employ his property in doing that which, in his estimation, is sinful… to a man of plain common sense seems an act of the same kind as to command him to employ his hands in doing that which, in his estimation, is sinful, and I really think “expedients must be resorted to” [paraphrasing Haldane’s criticism of Brown’s arguments — ♇] in order to persuade him that to comply with the first command is right, while to comply with the last command is wrong.
Here’s how he puts it in the body of his book:
[I]t has been said that the compulsory character of tribute strips it of its moral character in one way, and invests it with a moral character in another.
Here is an object to which I could not voluntarily contribute without sin; but God has given another party authority to impose tribute on me, and he has power to compel me to make payment: so that whatever be the object, I have no concern with it, while, from the divine command, it is my duty to make the required payment.
Now, in the first place, we have to remark here, that in taking for granted that God gives to the magistrate the right to impose tribute for whatever purpose he pleases, the premise is made identical with the conclusion to be drawn from it — a convenient, but not a very reputable mode of arguing; and, in the second place, that compulsoriness is not a quality peculiar to tribute-paying — it belongs to all acts of civil obedience; the very principle of civil government being force.
If a Christian was commanded to pay a tax for the support of idol worship, the very same power that was ready to punish him if he did not do it, was equally ready to be put forth against him for refusing to go to the temple and worship; and if the compulsory nature of the requisition is a good reason for complying with the first, it would be difficult to see why it should not be a good excuse for complying with the second.
If actual absolute force were employed in either case, then indeed the moral character of the acts would be lost, obliterated, destroyed; for in that case the man would cease to be an actor and become a sufferer.
It appears, then, that there is nothing in the nature of tribute, to take it out of the general category of forms of civil obedience; — there is nothing to make the limitation of the precept an impossible thing.
But don’t get too carried away: under this principle, Christians are still required to pay taxes for wise, just, right, and efficient government, as well as for unwise, unequal, and oppressive government.
The duty to refuse to pay a tax is, in Brown’s opinion, rare and narrowly-defined.
He considers the explicit Christian obligation to pay taxes cheerfully to be a blessing, because without it, Christians might be obligated to scrutinize all government expenditures to assure that they were in line with Christian principles before paying up.
Wide, however, as was the sphere of the obligation of tribute-paying, we apprehend that it was by no means unbounded; and its limits were, and indeed must have been, materially the same as the limits of the other forms of civil obedience.
There is nothing arbitrary in the divine constitutions.
They all proceed on great general principles, and any thing that claims to be an exception, requires to produce very satisfactory evidence before its pretensions can be admitted.
That tribute-paying has no sound claims to the distinction of being the only duty of civil obedience which has no limits, will appear, we apprehend, very distinctly as we proceed.
If this law have limits at all, there can be but little doubt, that the payment of a tribute, exacted specifically for an immoral or impious purpose, or generally for a purpose conscientiously disapproved of by him from whom it is exacted, falls beyond these limits.
There is something absolutely revolting to those moral perceptions and feelings, which lie at the very bottom, which form the ima fundamina, of our spiritual nature, in maintaining the opposite opinion.
It is monstrous to suppose that, by any mere human arrangement, not only may what was not duty become duty, and what was not sin become sin; but what was sin become duty, and what was duty become sin.
The principle would need to have strong support that warrants such a conclusion as the following:— voluntarily to have contributed money for defraying the expenses of the crucifixion of Jesus Christ, on the part of his disciples, would have been guilt, if possible, fouler than that which makes the name Iscariot the type of all that is base and impious; yet had the Roman authorities imposed a tax on them for this most immoral of all purposes, it would have immediately become their duty cheerfully to pay it.
This is the fair result of the principle.
I have heard of men who, on being made to see this, still held by it.
But such men are beyond the reach of argument.
Here he quotes in a footnote from A Hind let loose, or, an historical representation of the testimonies of the Church of Scotland, which has an interesting-looking section on “The Sufferings of many, for Refuſing to pay the wicked Exactions of the Ceſs, Locality, Fynes &c. Vindicated” (or, in the page headings, “Refusing to pay wicked Taxations vindicated”).
The argument therein encourages the reader to imagine paying taxes to the various tyrants who have oppressed righteous people throughout the ages: would you have voluntarily contributed kindling to the oven in which Shadrach, Meshach, and Abednego were to be roasted if Nebuchadnezar demanded it?
Would you contribute a thread to the noose for hanging a martyr if that were your tax?
Brown concludes “that had the Roman Christians been required directly to contribute to the support of heathen idolatry, it would have been their duty to refuse compliance.”
He looks at the evidence that perhaps the early Christians indeed had been required to pay such a tax (there is evidence that some time later this may have been the case), but sees also evidence that if this indeed was the case, in fact they did refuse to pay it.
Much of the evidence he cites in this regard he does not deign to translate from the Greek and Latin, and much of the rest indirectly addresses the question at best, so I can’t say much for it.
He does quote from William Cave’s Primitive Christianity: or the Religion of the Ancient Christians in the First Ages of the Gospel () in a letter-to-the-editor in response to Haldane, but this too is third-hand and inconclusive (it’s not certain, for instance, in spite of what Cave says so authoritatively, that Tertullian was speaking of “taxes” to maintain the temples as opposed to just donations and fees charged to worshipers):
Tertullian tells them, that although they refused to pay the taxes rated upon them for maintenance of the heathen temples, yet for all other tributes they had cause to give the Christians thanks for so faithfully paying what was due… they would easily find that the Christians’ denial to pay that one tax was abundantly compensated and made up in their honest payment of all the rest.
At this point, as he did in part one, Brown concludes his analysis of what early Christians understood was their duty regarding Roman taxes, and asks how this should guide modern Christians.
Basically, to no great surprise, he concludes that we should pay our taxes honestly and conscientiously.
He agrees that to evade taxes or to deal in black market goods is equivalent to robbing the public purse.
But still he thinks it is possible that the government may levy a tax that Christians are duty-bound not to pay.
He assembles quotes from several authorities to back him up on this, and then proceeds to try to draw the line over which taxes are unpayable.
“[F]irst… on the clearest principles of moral obligation, we are not — we cannot be bound to pay a tax levied for a specific purpose, if that purpose is immoral or impious…” That is to say that if the government raises a specific tax the revenue from which is designated for specifically immoral spending, a Christian cannot voluntarily pay it.
If the government raises a general tax and just happens to spend the very same amount on the same immoral thing just in the course of its general budgeting, however, the Christian is in the clear, and indeed is duty-bound to pay up in full.
This, you may recall, is much the same conclusion that many Quakers came to about war taxes.
Explicit war taxes should be resisted, but general taxes that paid for a general budget that just happened to include a war were okay.
If any of them that believe not bid you to a feast, and ye be disposed to go; whatsoever is set before you, eat, asking no question for conscience sake.
But if any man say unto you, this is offered in sacrifice unto idols, eat not for his sake that shewed it, and for conscience sake…
He says that this same technique should apply to scruples about taxation: You don’t have to go out of your way to find out whether your taxes are being spent in sinful ways, when it’s ambiguous or when all the spending is mixed together, but if the ruler tells you explicitly that this is what he’s going to do, you have to draw the line:
[L]et the magistrate demand money of me for the general purposes of government, and I will conscientiously give it him; but if he say, Give me money to do what is impious and immoral, I cannot, without sin, give it, though, without sin, I may suffer it to be taken from me.
He put it better, I think, when he first announced his resistance:
If they to whom the management of the public funds is, by the constitution of the Government committed, misemploy them, that, so far as it is a question of moral responsibility, is more their concern than mine.
But it is obviously otherwise with a tax professedly levied for an object, which I consider as not only impolitic, but unjust, — not only unjust but unscriptural.
For me voluntarily to pay such a tax would be to assist in doing what I believe God disapproves, — it would be in inversion of the inspired maxim, “to obey” man “rather than” God.
Back in the main body of the book, he addresses war taxes specifically, and with a vehemence I found surprising:
On this ground all war taxes, i.e. all taxes for the support of a particular war, are objectionable.
In many cases, wars have been obviously unjust.
In the estimation of some of the best and wisest men the world has ever seen, all wars are necessarily unjust.
I cannot see how any man can consistently pay taxes levied avowedly for the support of an unjust war; and I am sure, a very great part of the subjects of any government are ill fitted to form a true judgment with respect to the character of a particular war.
It is far wiser to impose general taxes: for in proportion as men become more intelligent and more conscientious, the difficulty in obtaining payment for such taxes, as are levied for objects respecting the lawfulness of which doubts are entertained, except by means calculated to make a government odious, will increase.
Perhaps, however, the present system of providing for the expense of belligerent operations, by specific taxes, may be permitted to continue, and the growing difficulty of collecting such taxes may be one of the means to be employed by the Prince of Peace, to put an end to war among mankind.
Now, Brown can get to the meat and potatoes of his argument, which is that Christians ought not to pay taxes that are specifically designated for the support of an official church.
He argues several points simultaneously: that people ought to be Christians and particular church adherents through their own voluntary choice, that the civil authorities ought not to meddle in religious and church matters, and that Christians ought not to pay taxes for the support of state churches.
The latter point is the one that interests me, so I’ll concentrate my summary there.
Brown approvingly mentions the Quakers, who had already come to this conclusion, and who refused to pay mandatory tithes and church-rates to establishment churches.
He quotes the Quaker J.J. Gurney:
[W]henever these demands (tithes and other ecclesiastical imposts) are made on the true and consistent Friend, he will not fail to refuse the payment of them.… nor will he venture, by any action of his own, to lay waste his principle, and to weaken the force of truth, with respect to so important a subject.
Such an action, the voluntary payment of tithes must unquestionably be considered.
This conclusion is by no means affected by the consideration that the payment of tithes is imposed on the inhabitants of this country by the law of the land.… Faithful as Friends desire to be to the legal authorities… as Christians, they cannot render to the law an active obedience in any particular which interferes with their religious duty… [A]lthough they refuse to pay tithes, they oppose no resistance to those legal distraints by which tithes are taken from them.
It is surprising that any persons of reflection should form an opinion (not unfrequently expressed), that there is no essential distinction between these practices, and should assert that the suffering of the distraint, in a moral and religious point of view, is tantamount to the voluntary payment.
The two courses are, in point of fact, the respective results of two opposite principles.
The Friend, who voluntarily pays tithes, puts forth his hand to that which he professes to regard as an unclean thing, and actively contributes to the maintenance of a system which is in direct contrariety to his own religious views.
The Friend, who refuses to pay tithes, but who (without involving himself in any secret compromise) quietly suffers a legal distraint for them, is clear of any action which contradicts his own principles.
Gurney also states (and Brown agrees) that refusing to pay such a mandatory tithe to a government church is not just morally obligatory, but is socially valuable, in that it amplifies a justified protest against an ill-advised entanglement of church & state.
Of the present state of things in Scotland, Brown writes:
…I am sure I do not overstate the truth when I say, that in few questions are the minds of conscientious men at present more painfully interested, than how far they are warranted, by the voluntary payment of church taxes, to contribute to the permanence of an order of things, which they are fully persuaded is inconsistent with the mind of God and the law of Christ Jesus.
The question, Brown says, is whether when someone actively pays such a tax (as opposed to passively refusing), this amounts to the same thing as “to sanction and support that which he accounts to be sinful.”
He believes it certainly does.
There’s another, more mundane sticking point.
The annuity tax that Brown was resisting was a tax on a particular class of property in a particular region of Edinburgh.
This tax inevitably had an effect on the market for such property, in that the property was less valuable to the buyer because of this tax liability that was attached to it, and so the seller of the property could expect to get a lower price for it as a result than he could if there were no such tax.
So is it fair, asked Brown’s critics, for Brown — by resisting the tax — to get 100% of the value of his property, after paying for the property at this discount?
Is it fair that he was able to outbid competing buyers for the property for whom the property was inherently less valuable for having the tax (that Brown refuses to pay) wrapped up in it?
I don’t think this is a great argument, but in any case Brown doesn’t meet it head on so much as he notes that even though he doesn’t pay the Annuity Tax voluntarily, he does end up incurring at least as much financial loss through distraint, which makes the argument moot.
I hear a similar argument raised occasionally about proposed free market reforms today.
For example: the abolition of rent control.
I rent an apartment in San Francisco, which has vast regulations governing the residential rental market.
When I entered into a contract with my landlord to pay him rent in return for a place to live, enmeshed with our explicit contract were all of these legal regulations that formed the background of the deal.
The price we agreed to implicitly included the values of these legal protections and liabilities.
So what would happen if the mayor and county board of supervisors were replaced by a bunch of anarchists who set about abolishing these various regulations in the name of a free market?
Well, on the plus side, the government would no longer be interfering with our freedom to enter into contracts of our own choosing.
On the minus side, the government would be abruptly and dramatically changing the terms of the contract we’ve already entered into.
An interesting conundrum.
Another argument for the annuity tax was that it itself was a variety of rent — that the government, which was more-or-less the final arbiter of property rights in the land — had ceded a portion of a certain class of property to the Church of Scotland, and the Church, via the tax, was just claiming its just return on its property.
This wasn’t very convincing.
If the annuity tax amounted to a rent on property, it was a weird sort of property — no title, no right of sale or transfer, and so forth.
And furthermore, if the State did just up and grant a bunch of property to the Church like that, they should not have, and assuming they had the power to do so, they certainly have the power to undo what they did, which they ought to forthwith.
Brown notes, relying on Duncan Maclaren’s History of the Resistance to the Annuity Tax (), that the current establishment church in Scotland was once in dissent against King Charles Ⅱ’s state church — and that they resisted the Annuity Tax at that time — putting up with the “poinding and rouping” of their property, the quartering of soldiers at the homes of tax resisters, and worse — the government was not averse to using torture and execution against religious dissenters — rather than voluntarily paying.
These he deals with briefly.
The first, he insists, does not give Christians the sort of unquestioning duty to pay all taxes whatsoever that some people think it does.
Christians are to render unto Caesar what is Caesar’s, but what is Caesar’s is an open question, and Caesar may indeed ask for things that belong not to him but to God.
The second episode he sees as evidence that while there is a class of taxes Christians are duty-bound to pay, and a set that Christians are duty-bound to resist, there may also be taxes that are in neither category, that Christians may pay or refuse to pay based only on pragmatic considerations — for instance, a tax that was assessed illegally, or one that is not for the support of civil government but for some crony’s private benefit.
Finally, there’s one additional argument that Brown relegates to an appendix, but which strikes me as worthy of more prominence.
Some of his critics wondered why, since the annuity tax only applied to high-rent properties in a particular part of Edinburgh, Brown didn’t just up and move somewhere else when he discovered that there was an odious tax there.
That way, he’d neither offend the civil powers by refusing to pay a tax, nor offend God by offering up a voluntary tithe to a government church.
Brown is dismissive of this argument:
And is it indeed come to this?
… [I]s a Dissenter, in consequence of holding a conscientious opinion, to be obliged, if he choose the metropolis of Scotland for a residence, to dwell in the suburbs?
It would not be discreditable for any man to take up his residence within the royalty of Edinburgh, with the direct intention of yielding a passive and peaceable resistance to an unjust and injurious impost, if he had the hope, in this way, of doing any thing effectual towards its removal…
(Though in his case, he admits he didn’t move into Edinburgh in order to resist the tax, but for more mundane reasons, and just happened to need to resist.)
Brown addresses two other arguments in his preface:
That a tax, like a debt, ought to be paid simply because it is owed, and not conditionally on how the proceeds are to be spent by the recipient
That arguments for refusing to pay a particular tax because the proceeds will be spent sinfully are arguments that would also apply against a general tax, certain portions of which will be spent sinfully
The first of these arguments Brown says begs the question of whether a tax really is like a debt — do we in fact owe a tax if the tax is being levied for a sinful purpose?
The second he thinks is not the reductio ad absurdum it is made out to be — if his valid arguments against a particular tax are indeed valid arguments also against a general tax, so much the worse for the general tax.
He concludes that:
…every attempt to show that the avowal, on the part of the government, of what appears to me the immoral purpose of a tax, does not affect the moral character of my act of paying it, has completely failed, and must for ever completely fail, while there is a difference between parting with property for what I know to be right, and parting with property for what I know to be wrong.
To part with property is a voluntary act, and no power on earth can make it right in me voluntarily to do what I believe to be wrong.
If it is taken from me for such a purpose, that is the exercise of might not right, and in such a transaction I may innocently be a sufferer, but I cannot innocently be an actor.
Disestablishment he thinks is inevitable and imminent, and he sees ominous signs that it could be a violent break.
(See Disruption of for some notes on the impending conflict.
Today, Scotland still has a national church, but it is substantially more independent of the government.)
Given that, he advocates non-violent civil disobedience like his tax resistance as a way of advancing the dissenter cause without risking violence:
Were all, or were even the great body of the Dissenters in this country, quietly, yet resolutely to refuse to yield support to the ecclesiastical institutions, of which they conscientiously disapprove, following in the peaceful and praiseworthy track of the Friends, the attention of the government and the legislature, would be irresistibly drawn to a subject, which has been but little considered, and is not at all understood by them; and the impossibility of long upholding the present system, would glare on them with an evidence which would persuade them, even against their will, that no time was to be lost in preparing for an approaching event, which, if met unprepared, may have consequences from which all sound-minded, right-hearted men, to whatever religious or political party they belong, would start back with alarm.
Were the Dissenters generally to refuse to pay church taxes, no government which could exist in this country, whether Tory, Whig, or Radical, durst continue from year to year the measures which would be necessary, in this case, to support the Establishments.
They would be obliged practically to repeal the law for their maintenance, so far as Dissenters are concerned, and this would be found equivalent to a dissolution of the connexion of Church and State.
It has been justly observed, that “nothing is so invincible as determined non-compliance.
He that resists by force may be overcome by greater force; but nothing can overcome a calm and fixed determination not to obey.”
Here, he’s quoting from the Quaker Jonathan Dymond’s essay on “Civil Obedience” (which also has an interesting section on non-violent tax resistance I need to dig up and post here some day), circa .
So aside from seeing his particular episode of tax resistance as a moral obligation of his Christian faith in its own right, Brown also saw it as a valuable tactic in his struggle for church/state separation.
As such, he was eager to use the “poinding” (distraint) of his property for tax debts as an opportunity for propaganda.
Here’s a letter-to-the-editor he wrote to try to publicly shame the establishment clergy over accepting tax money stolen from members of other churches:
Sir, — As I was going out this morning, I met, in the lobby, three persons, one of whom informed me, that they were come, to distrain, for the Annuity Tax, civilly apologising for coming on so disagreeable an errand, and assigning as the reason, that the Magistrates had informed them, that if they did not do their work, they must leave their service.
He then asked me if there were any articles which I would prefer being taken rather than others.
I declined availing myself of the choice offered to me; and was about to show them into the dining-room, when he said, looking towards a clock standing in the lobby, “This will serve the purpose.”
On this I left them; but found afterwards, that doubting, I suppose, whether an article, the price of which, a few years ago, was £10, would suffice to pay a charge of £3:3:6, they went into a bed-room and poinded a mirror, valued at about £4, leaving an intimation, that if the tax was not paid within eight days, the articles would be removed and sold.
For various reasons, I am desirous that these facts should be recorded in your columns “in perpetuam memoriam rei” — as an illustration of the true character of the Annuity Tax, and of the moderation and wisdom of its exactors.
While I take joyfully this “spoiling of my goods,” I abhor the injustice and despise the meanness of the system, by one of “the beggarly elements” of which, I am legally robbed of my property; and cannot help thinking, that every unprejudiced and reflecting mind must perceive that there is something very far wrong with that system, which can render it necessary and proper, in the estimation of a number of most respectable and amiable Christian ministers, to employ or (which in a moral point of view is the same thing) to sanction the employment of such measures in reference to another Christian minister, who has no ecclesiastical connexion with them — who never received from them any favour, and never did them any injury, — in order to obtain that maintenance to which, according to the laws of Christ, they are entitled from those who choose to avail themselves of their valuable labours — a body so numerous and wealthy, that I do not see how, without disgrace as well as criminality, they can allow their respected pastors to suffer even temporary inconvenience, from any difficulty, originating in the unequal, illegal, persecuting, and odious character of the impost from which, unhappily for all parties, their income at present is chiefly derived.
Sympathetic dissenters packed the auction room where Brown’s goods were sold to pay his tax debts, as a contemporary news account in The Scotsman tells:
On Wednesday forenoon, a great excitement was occasioned in the city by placards being carried through the streets upon poles, intimating that a sale of goods, poinded from individuals who had refused to pay the Annuity Tax, was to take place at the Weigh House.
Some years having elapsed since any sale of the kind had been attempted, considerable curiosity was evinced to see who, or if any one, would have the hardihood to purchase the goods of their fellow-citizens under such peculiar circumstances.
Purchasers, however, were found.
We need hardly state, that the crowd expressed their feelings pretty audibly both in reference to the general nature of the transaction itself, — the rouping of one minister’s goods for the support of other ministers to whom he was under no obligation, and in reference to the unenviable position in which the purchasers chose to place themselves.
He’s been fighting his case in court, asserting that he has a right not to contribute to government spending for things that violate his religious beliefs.
He hasn’t been having much luck.
Most recently, the Court of Appeal of New Brunswick shot down his appeal, saying, basically, that democracy is all about a democratically-elected, representative government deciding how much of your money it wants to take and what it wants to spend it on, and individual conscience doesn’t enter in to it, and that’s a good thing.
The ruling has some weirdly-tortured political philosophy in it, such as this bit from the opening paragraph:
The fact that a person files a tax return and pays taxes does not connote an expression of support for any government policy or expenditure.
These obligatory acts are the annual price Canadians pay to ensure there is a continuing debate over the appropriateness of government policies and expenditures made in accordance with the existing law.
See, if Canadians didn’t pay their taxes, they wouldn’t be able to have a continuing debate over the appropriateness of government policies and expenditures.
You wouldn’t want that, would you?
The ruling is surprisingly full of poor arguments of this caliber, which is
odd, because the conclusion they come to is a sort of commonplace no-brainer
towards which (once you accept certain statist premises — ones that come with
the territory in state courts) there are straightforward and sound and
well-trodden arguments.
The meat of the issue is that same one that John Brown argued (see
The Picket Line for the
) — whether paying taxes to the government implicates you morally in the
government’s actions or its spending decisions. In this case, the court pretty
much denies that there’s anything worth arguing about — it doesn’t,
so taxpaying doesn’t have any freedom-of-conscience implications, so there.
Quoting a precedent: “The simple, if subjectively unpleasant, obligation to
pay taxes to a government some or all of whose views and programs one opposes
does not imply support of such views and programs or force the taxpayer to act
contrary to his or her personal beliefs and convictions; on the contrary, it
is an essential part of living in a democracy such as Canada.”
Little hopes to make a last appeal to the Supreme Court, but says he won’t pay
his taxes or fines in any case, and is prepared to go to jail for non-payment.
It’s difficult to read, with a complex and sometimes bizarre sentence structure, inconsistent and archaic spelling, references to long-forgotten arguments, and lots and lots of Bible stuff.
So I thought I’d try to take some time and distill some of the more interesting spirit out of the mash.
First, a brief note about the context.
The place: Scotland.
The time: .
The monarchies of the British isles have returned to power after the brief post-civil warCommonwealth period, and among the counterrevolutionary pendulum swings are the return of powerful, hierarchical episcopal churches.
Charles Ⅱ converted to Catholicism on his deathbed, and his successor to Scotland’s throne in , James Ⅶ, was an out-and-out Catholic who believed strongly in the divine right of kings and would lecture you on the subject if you gave him half a chance.
The Covenants that had defended protestantism in Scotland had been unilaterally renounced and declared treasonous by the government, which, under the pretext of increasing religious freedom, had at the same time rescinded laws against Catholicism.
Protestant ministers who refused to submit to the official church hierarchy were reduced to holding their services illegally, under threat of death for all involved, in outdoor “conventicles.”
The government combined harsh measures like imprisonment, torture, and “field executions” with attempts to divide the protestants with small compromises and concessions.
The repression led to increased militancy among the protestant radicals, which included tax resistance, and which also served to divide the movement.
By , the combination of brutality and divide-and-conquer seemed to have worked, as the rebellion had died down, but what do you know, King James ran into a similar sort of religious trouble in England and was overthrown by a protestant and lost the throne of Scotland in the bargain.
In , the Presbyterian church was restored and (ironically considering the disestablishmentarian rhetoric of some of the protestant rebels, including one Alexander Shields, who was not pleased by this) made into the official Church of Scotland, which it remains to this day.
Alexander Shields was a nonconformist minister who, in , when he was about 24, was imprisoned for refusing to take an oath of allegiance.
He eventually submitted to a compromise declaration of non-hostility to King James as a way of getting out of jail, and then came to regret his weakness in doing so.
For expressing this regret in a letter that was intercepted by the authorities, he was reimprisoned.
This time he escaped, and joined up with the radical presbyterian wing.
Soon after, he penned his book, A Hind let looſe, as a defense of this radical wing and a call to renounce all obedience to the episcopal and royal power structure, and had it published under the pseudonym “a Lover of true Liberty” in Holland.
A section of this book is devoted to encouraging tax resistance and refuting the various counter-arguments and excuses people gave against tax resistance.
The phrase “a hind let loose” is a fragment from Genesis 49:21.
The remainder of that verse reads “he giveth goodly words.” Boy doeseth he.
He begins by crediting a “Mr.
McWard & Mr.
Broun” — by whom I believe he means Robert McWard and John Brown — for arguments about the “Cess” of which he plans to “give a short Transumpt & Compend of.” That’s a good thing, because McWard’s & Brown’s arguments have too much “length & prolixitie,” he says.
Too long and prolix for Shields; too long and prolix for me, I think.
In any case, I haven’t found these sources anywhere, and for all I know they may no longer exist.
Shields intends to expand these original arguments against the form of tax
known as the “Cess” to apply also to the various other ways in which subjects
are imposed upon to contribute to the finances of the crown: fines for not
going along with the establishment church, jailer-fees that you had to pay
up for the privilege of being imprisoned, militia-money and something called
“locality.” Some of these taxes were fund-raising measures specifically for
conducting anti-presbyterian repression, and were therefore particularly
hated. But by this point of his book, Shields hopes he has established that
the government as a whole is anti-christian and deserving of outright
opposition on that ground, regardless of particular policies or the purpose
of particular taxes.
These anti-christian aims are all ones, he says, that the government could not accomplish “without the subsidiary Contribution of the peoples help,” and the language of the legislation with which it enacted the Cess proves it.
But Shields finds that among his presbyterian peers, many recommended paying the tax, and many others who knew better than to pay it decided to keep their resistance quiet, and thereby encouraged other people to pay who assumed that if there were anything wrong with paying more folks would speak up about it.
That being the case, he commits to setting forth a rigorous argument for
tax resistance, first conceding some points (with caveats), then asking some
pointed questions, and then setting forth his arguments in favor of tax
resistance.
His concessions are a set of acknowledgments of conditions under which Christians and citizens ought to pay taxes:
Like it says in Romans 13, Christians should pay tribute and
custom to those to whom they are due. This includes salaries to ministers,
fines for law-breaking, and jailer-fees, which should be paid like any
legitimate debts. But it certainly does not include “Tyrants Exactions,
enacted & exacted for promoving their wicked designs against Religion
& Liberty; Hirelings Salaries, for encouraging them in their intrusions
upon the Church of God; Arbitrary Impositions of pecuniary punishments for
clear Duties; And extorted hirings, of the subordinate instruments of
Persecuters oppressions.”
You should pay what is assessed “by Law or Contract” even if the recipient
of the money later uses the money for “pernicious ends.” But if the tax is
being raised for specific and express “wicked ends,” that’s another thing
entirely from taxes designed for the public good but then misused. For this
reason, it’s not a good argument to say that we always used to pay our
taxes before, even though we knew that much of the money was misused.
Things are different now that abuse is the very purpose the money is being
raised for.
Even an originally illegal tax can become legitimized by a “dedition or
voluntary engagement legally submitted unto by the true Representatives”
after the fact. But until that happens, it’s not lawful to pay the tax. He
compares the condition of the presbyterians to those of the Israelites
under conquerers, in contrast to the condition of subjects of a
representative government. But here he feels the need to answer critics who
would say that the early Christians paid their taxes cheerfully to the
Tyrant in Rome based on their understanding of Jesus’s teachings, the
answer to which he gives in four parts:
When Jesus gave the “Render unto Caesar” koan, “He left the Title
unstated, and the Claim unresolved, whether it belonged to Cesar or
not, and taught them in the general to give nothing to Cesar with
prejudice to what was Gods; which condemns all the Payments we speak
of, which are all for carrying on the War against God.”
At that time, Caesar was not a tyrant or usurper, because “they”
had already accepted the caesarian governments as legitimate.
When Jesus paid the tribute money, he did so “lest He should offend,”
but today “the offense & scandal lyeth upon the other hand, of
paying the Exaction.”
It’s blasphemous to think that Christ would have paid or permitted
to be paid a tax that was “professedly imposed for levying a War
against Him, or banishing Him and His Disciples out of the Land; Or
to fill the mouths of the greedy Pharisees, devouring widowes houses,
for their pretense of long Prayers; Or that He would have payed or
suffered to pay their Extortions, if any had been exacted of Him, or
His Disciples, for His Preaching, or working Miracles; Or if help or
hire had been demanded, for encouraging those that rose to stone Him
for His good deeds.”
It’s okay to pay some money to government extortioners if that’s the cost
of preserving more of your property, “when it is extorted only by force
& threatenings, and not exacted by Law; when it is a yeelding only to
a lesser suffering, and not a consenting to a Sin to shift suffering.”
He resists the idea that we can analogize taxation and highway robbery
in this way. Although he agrees with the assumption behind the analogy,
“that instead of righteous Rulers, we are under the power, and fallen
into the hand of Robbers,” he says that for the analogy to hold true,
the highway robber would have to not just demand money from you but
demand it for the express purpose of using the money to murder your
family and worse. “Whether then shall I, by giving the Robber that part
which he seeks, enable him to do all these mischiefs? Or by refusing,
expose myself to the hazard of being robbed or slain? Let the Conscience
of any man answer this…”
It’s okay “passively by forcible constraint to submit to” “wicked
Sentences, as impose these burdens” so long as you’re not doing so as
a form of obedience. He uses the analogy of a condemned prisoner choosing
to walk to the gallows rather than be dragged there kicking and screaming.
But then he notes that every presbyterian who attended an illegal
conventicle is under sentence of death, and nobody is suggesting they
go turn themselves in: shall they “fall under the reproach, that being
sentenced to die, they scrupled forsooth, yea refused to go on their oun
legs to the Gibbet”? If it comes down to a walk-to-the-gallows or
be-dragged-kicking-and-screaming situation, “its wholly the Suffering of
a Captive” in either case and doesn’t have much moral import. Shields
grants that it’s fine for a person to “suffer patiently the spoiling of
his goods” if that’s the penalty for tax resistance.
It’s okay if you are on the horns of a dilemma where you have no choice
but to choose between two evils to choose the lesser one. But be careful,
and don’t try to use this as an excuse to avoid suffering by participating
in evil. If you were to use this logic to pay your taxes, saying that’s
better than the consequences, you would be shunning the lesser evil of
suffering, “but the evil done to shun this, is real and active
Concurrence, in manner, measure, & method, enjoyned by Law, in
strengthening the hands of those who have displayed a banner against all
the Lovers of our Lord Jesus Christ.” Be wary, for “the flesh is not
only ready to inculcate that Doctrine, spare thy self, but is…
witty of invention to plead for what will affourd ease.” Indeed, it’s
safer to err on the side of suffering.
“But shunning prolixity,” says Shields, he moves on to a set of suppositions and questions:
Remember that episode when Jesus and his disciples were out on a boat and they all freaked out because it got stormy, and he was like, “chill,” and calmed the waters, and they were like “whoa”?
Well, imagine if Herod or Pilate had been there and said “let’s sink that boat!”
And they raised a tax to pay off the soldiers who were engineering the boat-sinking,
and to pay off the Pharisees who were telling everyone it was the right
thing to do, and to pay the jailers who captured any survivors or tax
refusers, and issued fines to people who wouldn’t help… “In this Case
would, or durst any of the Lovers of Jesus comply with any of these
demands?” Well, gosh darn it, Jesus is in a leaky boat right here in
Scotland, and the government is doing its best to sink that boat, so
what are you going to do about it?
Would Israel have put up with paying a tax to Saul for the express
purpose of paying off Doeg or the Ziphims to hunt down David and the
Lord’s priests? What about you, as a dissenter? What if the government
came to you and demanded money or supplies so that it could go out and
murder some presbyterian minister and his flock? What would you do?
Choose sin rather than affliction? Do evil that some good may come of
it?
Would the godly have paid taxes to support pagan human sacrifice? The
current regime of Scotland is doing nothing worse.
What if Nebuchadnezzar commanded that all Jews submit a handful of
kindling to stoke the fire to burn Shadrach, Meshach, and Abednago — would the faithful have done it? What if a faithful ambassador of
Christ was condemned and the law commanded everyone in the nation to
send a thread with which to make a noose to hang him and a farthing
to pay the executioner: “Can any man, without horrour, think of complying
so far as to contribute what is commanded? Or would not a Gracious man,
frighted into an abhorrence at the attrociousness of the wickedness, or
fired into a flame of zeal for God, say without demur, as not daunted,
with fear of what flesh could do unto him, I will rather venture my All
to keep them alive, or be hanged with them, than by doing what is
demanded be brought forth & classed in the cursed & cruel Company
of those who shall be dragged before the Tribunal of Christ, with their
fingers dyed & dropping with the blood of those who are peculiarly
dear to Him?”
The gist of these evocative examples is that in cases like these, you need to look at three things:
The preciousness of what is to be destroyed by what the government is
funding
The extent to which it is our consent and support that makes it possible
to accomplish these evil designs
The obligations that we are under not only to withhold this support, but
to preserve and maintain ourselves in opposition to Satan and his helpers,
to the death if necessary, in order to keep some remnant of good alive for
posterity
With that out of the way, we can finally get to Shields’s arguments in favor of tax resistance:
If you were to pay your taxes, you would be disrespecting the contendings
and sufferings of those who have refused to pay them, both recently and
at similar times throughout Christian history. He cites a number of
authorities and examples on this point. He also cites Calvin on the
question of whether a subsequent property owner can have a just claim
to property that had been previously seized and transferred by the
government unjustly, determining that not only can no such claim be
legitimate but that the new property owner participates in the injustice
to the extent that his pretense of ownership “shall carry the narrative”
that the forfeiture was legitimate.
“[T]o pay is all the consent & Concurrence required of us to entail
slaverie on the posterity.”
If those Exactions be wicked, then Complyance with them must be iniquity: For it justifies the Court that enacts & exacts them, a pacqued Juncto of a prevalent faction, made up of perjured Traitors, in a Course of enmity against God, and the Country, who to prosecute the War against the Almighty, and root out all His people out of the Land, condescend upon these Cesses, Fynes, &c. as a fit & adapted Medium thereunto.
Wherefore, of necessity all that would not oune that Conclusion, as their oun deed, in these Representatives, and oune them as their Representatives in that deed, must bear witness against the same, by a Refusal, to oune the debt, or pay the same.
The express reasons why the government is raising these taxes is to
conduct its war against the true Christianity and its practitioners.
If you comply with the means, you comply with the ends. What of the
argument that some of the taxes may be necessary for other, more
beneficial, expenses, like guarding the nation against foreign invasion?
Bah. The government is as bad as if we had already been conquered by
a foreign invasion, so that excuse won’t do.
The actual nature of tax payments is that they are deliberate compliances
with evil. The argument that they are merely helpless submissions to force
fails — in effect, they are acknowledgments that the existing power is
a legitimate one. Obedience to such unjust laws can no more be justified
than the laws themselves. (Here he tosses out a number of old testament
examples.)
When in fact the government does extort money “only as badges of bondage”
without any pretense of seeking acknowledgment as having legal right to
obedience and legitimacy, then such a case is “more suitable for
lamentation than Censure.” But my answer to people who say that in the
present case “that they are constrained to it, and they do it against
their will” is this:
Don’t try to have it both ways: if you acknowledge the taxing
government as your government, by voluntarily paying up, don’t
then claim that you aren’t responsible because you were forced.
The only voluntariness the law requires is obedience, and the only
involuntariness it recognizes is disobedience. By the law’s own
standard, tax payment is voluntary.
The decision of whether or not to pay involves deliberation and
election, two sufficient components of voluntary action. Try this
analogy on for size: the law in Deuteronomy regarding rape took
pains to distinguish a real rape from the case of a woman who was
falsely claiming rape so as not to get her ass stoned to death for
adultery. So, to prove rape, the woman “must not only be supposed
to strugle & resist the attempt made upon her chastitie &
honour by the villain; but she must cry for assistence in that
resistence, without which she is held in Law willingly to consent to
the committing of that wickedness.” Furthermore, she should
afterwards “complain & cry, and crave Justice against” her
attacker “and be wanting in nothing, that may bring him to condign
punishment.” Shields says the analogy holds. If you really believe
that you have been forced against your will to give up your property
purely because of the threat of violence, then you should act like
someone who has been violated and who is hungry for justice. If you
just go about your business, it looks a lot like you were consenting
all along.
Not only is taxpaying effectively consent, but worse, it is also “a
Concurrence to assist them, and a strengthening their hands in”
wickedness. Taxpayers who contribute to this government are like the
Israelites who gathered their earrings together to melt down to make a
golden calf. “For as they cannot accomplish their cursed ends without
these Exactions, so the payment of them, is all the present, personal,
& publick Concurrence in wageing this war with Heaven, that is
required of the Nation.”
Not only is taxpaying consent, not only is it concurrence, but it is
“a hire & reward for their wicked service.” The “hire” distinction
was lost on me, but seems to have been an important hook on which to hang
a new set of Old Testament episodes and injunctions. The consent,
concurrence, hire progression is making taxpaying seem ever more like
an offensive sin of commission, and less like a simple failure to
recognize and accomplish some difficult act of righteousness.
Not only do we, as I have demonstrated, have a duty not to commit evil
by paying these taxes, but we also have an active duty to do good by
resisting these taxes. We have an obligation to rescue our
brethren, to relieve the oppressed, to loose the bonds of wickedness, to
undo the heavy burdens, to let the oppressed go free, and to break every
yoke. Resisting these taxes is part of fulfilling this duty.
The Covenant that previously governed the nation had a clause that
invited the Curse of God down upon us in case of a breach of the Covenant.
That breach having happened, anyone who concurs with the government that
is currently operating in violation of the Covenant is putting themselves
in terrible danger. If you’re giving your material support to the
usurpers, rather than showing yourself to be willing to sacrifice life
and property to defend the Covenant and the Interest of Christ it
represents, then you’re on the losing team, loser. If on the day you
agreed to the Covenant you had been asked whether you would have been
willing to pay a Cess or other tax to powers determined to destroy it,
what would you have said?
In order not to be guilty of assisting in this evil all around us, I
must give a testimony — not just words, but “at least a plain
& positive Refusing to yeeld obedience to that Law… for I must
either obey and be guilty, or refuse and be innocent.” What about this
testimony?
Can anything less free me of the guilt?
When God gets around to rooting out this wickedness, He’ll ask you
if you’ve got your testimony handy before deciding which pile to
put you in.
There’s no time like the present, as “Christ is openly opposed, and
every one is called either to concur or testifie”.
Shouldn’t such testimony be open and public? “[F]or my Testimony
must make it evident that the Law is not obeyed by me, else it is
no Testimony.”
Shouldn’t it be, in “plainness & boldness” proportionate to
“the prodigiousness of that wickedness testified against?”
It isn’t enough just to state your opposition once, but you must
persist in it so as not to weaken the opposition by a later
acquiescence.
The righteous Judge will pass sentence according to such Testimony.
You should give Testimony now as if you were standing before the
Judge in the hour of judgment.
The only way to Testify against the current wicked order of things is
to refuse to comply. This is a clear duty, and has many advantages to
counteract the supposed disadvantages. It’s a “shameful subterfuge” to
say that by resisting taxes, you’ll end up actually giving more money
to the government in the end (since they’ll seize more to penalize the
refusal). In such a case, you contribute only your suffering, not your
sin, to the cause of wickedness, and in doing so you hurt their cause:
As much as I can, I counteract their design. Besides the great
value of being at peace with my conscience, I enlist myself on
the side of good and assist in good’s eventual triumph.
By my example, I encourage others to stand fast and resist.
“I hereby transmit to Posterity a Pattern for imitation, and so
propagate an opposition to this Course to succeeding
generations.”
I encourage God to come to us to plead his cause and take vengeance
against our foes.
If I comply, it wounds my faith and weakens my confidence and makes
me weaker at other times when I have to wrestle with temptation or
take a strong stand.
If you act for God’s sake, or suffer for God’s sake, even if you
die trying, you’ve struck a powerful blow.
By paying these taxes, you contribute to laying down obstacles that
get in the way of other people who are trying to be righteous.
Potential backsliders among us are looking to our example. Faithful
resisters need to be comforted and strengthened and given confidence
by people who believe they are doing the right thing. Those who come
after us will also look to our examples, and we’d like to be remembered
as a righteous generation worth being used as role models, rather than
forcing them to reach into misty myths to find their heroes. Pity us
if God decides we’d be most useful as an example of what not to do.
One of the recurring issues that comes up today in debates about conscientious tax resistance is whether (and if so, to what extent) paying taxes makes you liable for what the government does with the tax money.
Does a taxpayer bear some responsibility, and deserve some blame, for paying taxes?
I’ve heard answers at either extreme: that taxpaying makes the taxpayer absolutely complicit in all of the government’s deeds, or that because the government forces you to pay taxes against your will you can’t be thought to be responsible for the consequences of paying them.
For example, the blogger FSK wrote:
(See also The Picket Line of for an in-depth look at many of the arguments that have been given concerning the question: does taxpaying make you complicit?)
Much of the debate concerns the extent to which taxpaying is a chosen, deliberate act of free will, or the extent to which it is a forced act done only under duress.
On the one hand, taxpaying is certainly coerced — thus all of the various criminal and civil sanctions brought to bear against people who don’t pay up.
On the other hand, these various sanctions are really just consequences of the choice you make, and all choices of any moral significance have consequences — the trick to being a good person is weighing these consequences well.
In the opening section of the third book of The Nicomachean Ethics, Aristotle begins to take on the task of distinguishing the voluntary and involuntary, the chosen and unchosen, and such categories.
As I go through the sections of this book I’ll be trying to see how taxpaying fits in to the system he devises.
(Note: some translations break this opening section out into three distinct sections.)
Aristotle says that distinguishing between the voluntary & involuntary is essential for a discussion of ethics, because only voluntary acts are rightly subject to praise or blame, honor or punishment.
(Involuntary acts are due pardon or pity at worst.)
Voluntary acts are those that are caused by something internal to a person — that person’s will or desire or choice.
Involuntary acts are caused or impelled from outside.
That’s fine for the black-and-white cases, but there’s a big grey area.
As Aristotle has argued before, we are motivated in our actions by desire for pleasure and fear of pain.
Do those things amount to compulsions that make our actions involuntary?
Aristotle says no.
To admit such an argument would be to make the voluntary/involuntary distinction meaningless.
The desire for pleasure and fear of pain are internal to us and so represent voluntary impulses.
This is true also for more extreme emotions like passion and anger.
What if you do something wrong because you were ignorant about what you were doing or what the consequences would be?
Aristotle says that actions done in ignorance form a third category: the “non-voluntary.”
If the actor later is pained by the action and regrets it, it can then be promoted out of this purgatory into the involuntary category.
But isn’t everyone who acts wrongly acting in ignorance of how and why they ought to act rightly?
Aristotle says that it is true that ignorance is what causes people to be unjust and wicked, but that this sort of ignorance does not change the voluntary/involuntary nature of the action: only ignorance of the particulars of the action, like what it is or what it is affecting.
He gives the example of someone who is demonstrating the use of a weapon, thinking it to be disarmed, who fires it and inadvertently causes damage.
What if you’re forced to do something vicious by fear of adverse consequences for not doing it — a lesser-of-two-evils sort of choice?
Aristotle says that such acts are voluntary in-and-of themselves, “although in the abstract they may be said perhaps to be involuntary, as nobody would choose any such action in itself.”* He notes that you can be praised for putting up with degrading or painful circumstances for honorable ends, so why shouldn’t you be blamed for avoiding pain for dishonorable ends?
(But what if you voluntarily put yourself into a situation in which you know it is likely that you will have to make a lesser-of-two-evils sort of choice, I wonder?)
You may be pardoned for voluntarily doing an act “under pressure which overstrains human nature and which no one could withstand,” but there are some acts that you should prefer death to committing.
In general you need to do a cost/benefit analysis.
So where does taxpaying fit in?
So far it looks to be in this voluntary in-and-of itself but possibly involuntary in-the-abstract category.
Aristotle hasn’t told us much about this category yet, so it’s hard to draw any conclusions about what this means.
“Actions of this kind, therefore, are voluntary — though regarded independently of their surroundings they are surely involuntary: no one, that is, would make choice of an act of great sacrifice for its own sake.”
(Walter M. Hatch)
“Such acts, then, are voluntary, though in themselves [or apart from these qualifying circumstances] we may allow them to be involuntary; for no one would choose anything of this kind on its own account.”
(F.H. Peters)
“I have called them mixed acts as though they were partly voluntary and partly involuntary — involuntary as being acts such as no one under ordinary circumstances would do, but voluntary as proceeding from the will of the agent under the pressure of circumstances.
But if you look closely into these acts, you will find that they are really voluntary.”
(St. George Stock’s paraphrase)
“Simply considered, however, they are perhaps involuntary; for no one would choose any one of these on its own account.”
(Thomas Taylor)
Most other translations I looked at were pretty close to the wording I used in the main body, from William David Ross’s translation.
Today, instead of dredging up something from the archives about historical
tax resistance campaigns and movements, I want to spend some time looking at
individual tax resistance in service of what
Ammon Hennacy called
the “one-man* revolution.”
Whether Hennacy got the name from Frost’s poem, or Frost from him, or whether
each came up with it independently, I don’t know. The idea goes back much
further than either, and in particular is especially pronounced in Thoreau’s
thinking.
This idea is that, contrary to what the organizers of the world are
always telling us, the key to curing society’s ills is not necessarily to
organize at all. You don’t need a majority, or a critical mass, or a
disciplined revolutionary vanguard. Just get your own house in order and
commit yourself to your own personal revolution — that’s the most crucial
and practical thing you can do.
“One-man revolution” is the answer to the question posed by radicals and
reformers who feel overwhelmed by the task ahead. “What can one person do?”
they ask (half-hoping, I suspect, that the answer will be “nothing, so don’t
sweat it”). They think the revolution that will finally put things right is
scheduled for later — when the masses see the light… when a crisis comes… when
we find a charismatic leader… when we unite the factions under one banner…
when… when… when…
The one-man revolutionary says: no, the revolution starts here and now. Your
first task as a revolutionary is to overturn the corrupt, confused, puppet
governor of your own life and to put a more responsible sovereign in its
place.
As to what the policies of this new sovereign ought to be, well, that’s up to
you. I’m not going to cover the details of how Hennacy’s and Thoreau’s one-man
revolutions played out and what specific decisions they made along the way.
Today instead I’m going to look at the reasons they gave for why the one-man
revolution is practical and effective, in answer to the
“What can just one person do?” skeptics.
These reasons can be roughly divided into five categories:
With the one-man revolution, success is in reach. It may not be easy, but
you can win this revolution with your own effort. Furthermore, whether or
not you succeed, the struggle itself is the right thing to do.
You don’t need to wait for a majority. You don’t need to water down your
message to try to win mass appeal or group consensus. You can start
immediately from a firm platform of integrity and honesty. This also makes
you more self-reliant so that you can endure challenges better, which
makes you more effective and far-reaching than those revolutionaries who
always have to check to see if the rest of the pack is still with
them.
Political revolutions that are not also accompanied by individual
revolutions don’t make enduring radical change — they just change the
faces of the clowns running the circus while leaving the corrupt structure
intact.
The world sometimes is changed radically and for the better by
the efforts and example of a single, one-in-a-million character. But the
first step is not to set out to change the world, but to develop that
character.
By fighting the one-man revolution, you are not as alone as you may think
you are: you “leaven the loaf” and cause all society to rise, you attract
other one-man revolutionaries to your side, and you sow the seeds that
inspire others.
You can win the one-man revolution
Ammon Hennacy’s theory of the one-man revolution crystallized, appropriately
enough, while he was being held in solitary confinement. He’d been sentenced
for promoting draft evasion during World War Ⅰ and then thrown in “the hole”
for leading a hunger strike of prisoners to protest awful food. Because he
refused to name names, he was kept there for several months.
Locked up alone in a cell 24/7, unable to communicate with his comrades in the
prison or outside, given the silent treatment by the guard, and overhearing
the day-in day-out torture of the inmate in the adjoining cell — this was not
the most promising situation for a revolutionary.
The only book they allowed him was the Bible (and they even took this away and
replaced it with a smaller-print version for no other reason but to inflict
another petty torment in the dim light of his cell). In the course of reading
and reflecting on what he read — particularly
the Sermon on the
Mount — he decided that the revolution could be fought and won even where
he stood.
To change the world by bullets or ballots was a useless procedure. …the only
revolution worthwhile was the one-man revolution within the heart. Each one
could make this by himself and not need to wait on a majority.
(A few days back I saw a bumper sticker that read “Jesus was a community organizer.”
But if you read the Sermon on the Mount, you won’t see any organizing going on there at all — Jesus is urging people individually to get their lives in order so that their deeds will be like a light shining before others to inspire them.
Do you see any “we must,” “we ought to,” “we should work together to,” or “once there are enough of us” in that sermon?
Jesus isn’t addressing an organization but an assembly.)
You can start now, with full integrity
Lloyd Danzeisen expressed one of the advantages of the one-man revolution in
a letter to Hennacy: “You are lucky and of course very wise to be a ‘one man
revolution,’ for you do not have to discuss your action over and over again
(with committees) but can swing into action.”
The advantage of organizing and working together is superior numbers, and, in
theory anyway, greater force. But there are many disadvantages. It takes a lot
of time and negotiation to get a bunch of people to take action together, and
usually this also involves finding some lowest common denominator of principle
or risk that they can all agree on — which can mean watering down the core of
what you’re fighting for until it seems less like a principle than a petty
grievance.
What such a movement gains in quantity it may lose in quality, and the force
it gains from numbers it may lose from the diffuse, blunted, half-hearted
effort of the individuals that make it up, or from the fact that much of their
energy is expended in the organizing itself rather than the ostensible goals
of the organization.
The advantage of drawing a large crowd of half-hearted followers is rarely
worth the effort.
It is not too hard to sway a crowd of wishy-washy people by appealing to the
half-truths they already believe and being careful not to attack any of the
nonsense they adhere to. But what does this get you? A crowd of wishy-washy
people who are just as vulnerable to falling for the next demagogue who comes
along with patronizing speeches. Instead, Hennacy recommends, we should
“appeal to those about ready to make the next step and… know that these are
very few indeed.… We can live and die and never change
political trends but if we take a notion, we can change our own lives in many
basic respects and thus do that much to change society.”
Thoreau noted with approval that the abolitionist revolutionary
John
Brown had not gathered around him a large party of well-wishers
and collaborators, but instead had been very selective about whom he let in on
his plans:
A one-man revolutionary is more effective and harder to defeat
A one-man revolutionary — a “man of good principles” — is individually more
effective and harder to defeat than that same person would be as part of a
movement. This may seem paradoxical to people who are used to thinking in
terms of “strength in numbers” or “the whole is greater than the sum of its
parts.”
This is for two related reasons:
First, because as a one-man revolutionary you are self-motivated, you do not
get thrown into confusion if the lines of communication down the chain of
command are disrupted, and you don’t lose momentum by looking about to check
if your comrades are still with you or if they have retreated or surrendered.
And second, because this makes it difficult for your opponents to get a
foothold in trying to persuade you with threats or with bribes to give up the
fight.
For example, Hennacy tells of one of his captors trying to trick him:
Detective Wilson said that the young Socialists arrested with me for refusing
to register had all given in and registered. (Later I found out that he had
also told them that I had registered.) [But] I felt that if they gave in,
someone had to stick, and I was that one.
The detective assumed that Hennacy valued his belonging more than his
integrity, and so made a completely ineffective attack. Thoreau similarly
noted that his captors had failed to understand his motives, assuming he
valued his freedom from confinement more than his freedom of action:
People often draw the wrong conclusion from the success of the “divide and
conquer” tactic when used by governments against opposition movements. The
lesson proved by this is not that unless we stay united we are weak,
but that to the extent that our strength depends mainly on our unity we
are vulnerable.
Without the one-man revolution, no other revolution is worth the trouble
The problem with the mass, popular, peasants-with-pitchforks sort of
revolution is that it’s so unreliable. You put everything on the line, shed
buckets of blood, endure betrayals and unfriendly alliances and hard
compromises, and finally (if you’re lucky) cut off the king’s head and take
charge… and then what? As often as not, you end up with something as bad as
before.
Political revolutions, says Hennacy, “only changed masters.” — “We made a
revolution against England and are not free yet. The Russians made a
revolution against the Czar and now have an even stronger dictatorship. It is
not too late to make a revolution that will mean something — one that will
stick: your own one-man revolution.”
Tyranny is not something that only infests the top of the org chart. The
tyrant doesn’t cause tyranny, but is its most obvious symptom.
Tyranny lives as tenaciously in the tyrannized as in the tyrant. This is why
Thoreau was careful to say (emphasis mine):
Not, “when the workers seize power” or “when we get money out of politics” or
anything of that sort, but “when men are prepared for it.” We must prepare
ourselves, one one-man revolution at a time, and when we have, we will get the
government we deserve (self-government, if Thoreau is right and if we ever do
deserve such a thing).
Be careful how you define “success.” You can do everything you set out to do,
but if you haven’t set out to do anything worth doing, you still fail. Even in
mundane things, you’d be wise to keep your eye on a bigger picture. Thoreau
mused in his journal:
Success and failure have superficial and deep components that may contradict
each other. John Brown set out to launch a rebellion that would end American
slavery; the government stood its ground and defended slavery against the
rebellion and had Brown hanged. Who was successful? Who won? A victory for
evil is just a triumphant form of failure.
At the time of the Harpers Ferry raid, Brown was called insane by the pulpit,
popular opinion, and the press (even — especially — the liberal,
abolitionist press). Some gave as evidence for his insanity the most
extraordinarily sane thing about him:
You’d think with the example of Jesus hovering over Western Civilization,
people would be skeptical of traditional notions of success: being captured
and tortured to death by your enemies and having your followers scorned and
scattered throughout a hostile empire doesn’t seem much like a victory. But
Thoreau thought the response to John Brown proved that even after centuries of
Christianity, “[i]f Christ
should appear on earth he would on all hands be denounced as a mistaken,
misguided man, insane & crazed.”
You don’t have to believe that history will eventually smile on you and turn
your seeming defeats and setbacks into obvious victories. You don’t have to
believe the nice-sounding but unlikely sentiment that Hennacy attributed to
Tolstoy: “no sincere effort made in the behalf of Truth is ever lost.” You
just need to remember that the seemingly small victories in an uncompromising
one-man revolution can be more worthwhile (when seen from the perspective of
what is worthwhile, not just what is expedient) than huge triumphs
rotting within from compromise and half-truths.
Slavery in particular was such an unambiguous evil that it was one of
“those cases to which the rule of
expediency does not apply,” Thoreau said. He made this comparison: if the
only way you can save yourself from drowning is to unjustly wrest a plank away
from another drowning man, you must instead do what is just even if it kills
you. If you are “victorious” in wresting away the plank, and thereby save your
own life at the cost of another, you lose.✴
“Hennacy, do you think you can change the world?” said Bert Fireman, a
columnist on the Phoenix Gazette.
“No, but I am damn sure it can’t change me” was my reply.
If you want to change things you have to get 51% of the ballots or
the bullets. If I want to change things I just have to keep on doing
what I am doing — that is: every day the government says “pay taxes for war”;
every day I do not pay taxes for war. So I win and they lose. The One Man
Revolution — you can’t beat it.
Do not let your opponent set the norm. Generally a minority is jeered at
because they are so small. It is quality and not quantity
that is the measure. “One on the side of God is a majority” is the perfect
answer which I have given dozens of times with success.
Sometimes, a single one-man revolutionary really does change the world. Maybe
the world was already ripe for changing, but it still needed a one-man
revolutionary to break from the pack and make the change happen.
We can’t all be Christ, Buddha, Gandhi, or Joan of Arc.
(Steve Allen said that
Ammon Hennacy fulfilled more of the role of a
Lenny Bruce; Hennacy’s
wife suggested Don Quixote.) It is only one-in-a-million who moves the world.
But despite the odds we all should aspire to be this one in a million.
Love without courage and wisdom is sentimentality, as with the ordinary
church member. Courage without love and wisdom is foolhardiness, as with the
ordinary soldier. Wisdom without love and courage is cowardice, as with the
ordinary intellectual. Therefore one who has love, courage, and wisdom is one
in a million who moves the world, as with Jesus, Buddha, and Gandhi.
Even if we fall short of this goal ourselves, by choosing this goal we not
only choose the only goal worth choosing, but we adjust our standards so that
if we are ever lucky enough to meet this one in a million, we will be
more likely to recognize her or him. Most people are incapable of recognizing
or comprehending the hero in real life — they lionize the dead martyred heroes
of past generations, while joining the lynch mobs to martyr the heroes of
their own.
It only takes a little leavening to leaven the loaf
By being virtuous in an out-of-the-ordinary way you encourage people to call
ordinary vices into question and you force the devil’s advocates to show
themselves by coming to the devil’s defense. Thoreau was convinced that one
person was enough to leaven the loaf:
Hennacy said that his “work was not that of an organizer but of a Sower to sow
the seeds.”
We really can’t change the world. We really can’t change other people! The
best we can do is to start a few thinking here and there. The way to do this,
if we are sincere, is to change ourselves!
When they are ready for it [my emphasis again — ♇], the rich, the
bourgeois intellectual, the bum, and even the politician and the clergy may
have an awakening of conscience because of the uncompromising seeds of
Christian Anarchism which we are sowing.
You have a plan to reform the world? As the saying goes: “show me, don’t tell
me.” Thoreau:
So often we hear of a Big Plan that, were it enacted as designed, would solve
the Big Problems. But the problem with the big plans is that they never seem
to get enacted, or if they do, they never seem to work as designed, as the
same problems show up in new guises. Meanwhile the planners waste their time
and energy and don’t change what is changeable. Tolstoy put it this
way:
An alcoholic who spoke with Hennacy had much the same sentiment: “the
AA fixed me
up. You are right in not wanting to change the world by violence; the change
has to come with each person first.”
The present American peace movement, stubbornly paying for the imperial armies
it says it opposes, reminds me of drunks meeting in a tavern at happy hour to
organize a prohibition movement that will solve their alcohol problem.
Your one-man revolution isn’t as lonely as it may seem
Hennacy and Thoreau also had faith that if you begin the one-man revolution,
this will attract like-minded souls to you and you to them, and that you will
find yourself working in concert with comrades you never knew you had:
Hennacy: “In reading Tolstoy I had gained the idea that if a person had the
One Man Revolution in his heart and lived it, he would be led by God toward
those others who felt likewise.… This was to be proven in a most dramatic way,
and was to usher me into the second great influence of my life: that of the
Catholic Worker movement.”
The One-Man Revolution
So what do you have to do to be the exemplar and sow the seeds?
Accept responsibility, and act responsibly.
Build yourself a glass house and start throwing stones.
Accept responsibility, and act responsibly
Most political action amounts to “who can we find to take responsibility for
this problem” — the One Man Revolutionary asks “what can I do to take
responsibility for this problem?”
Not that everything is your responsibility, or that the world is
looking to you personally to solve all of its problems. But you should at
the very least examine your life to see what problems or solutions you are
contributing to with it. Can one person make a difference? You are
already making a difference — what kind of difference are
you making?
In Thoreau’s time, the evils of slavery and of wars of conquest were sustained
by the active allegiance and support of the ordinary people around him, many
of whom nonetheless congratulated themselves for their anti-war, anti-slavery
opinions.
Don’t be fooled into thinking that because the one-man revolution is in your
heart that it can just stay there, locked up inside, without leaking out into
the world around you.
The one-man revolution doesn’t necessarily require living in
opposition to society and the status quo, but it does require holding fast to
justice and virtue. When society and the status quo are opposed to justice and
virtue, as they so often are, this puts them in opposition to you as well.
Build yourself a glass house and start throwing stones
Your friends and even your enemies will come to your aid when you try to hold
yourself to a high standard. All you have to do is to make yourself vulnerable
to charges of hypocrisy. People love to point out hypocritical moralists, in
part because some hypocritical moralists are hilarious, but also in part
because it helps people excuse their own failures to hold themselves to high
standards. If you build yourself a glass house and throw stones from it,
everyone will volunteer to keep you on the straight-and-narrow.
Hennacy:
I have… put myself in a glass house. If so I must needs take whatever stones
come my way. I have the right by my life of integrity to criticize, but I
must also take whatever criticism comes my way in all good humor.
[A] spoiled and arrogant priest wanted to know if I was “holier than thou.” I
told him I hoped by Christ I was, for if I wasn’t I would be in a hell of a
fix. I used this blunt method to deflate his spurious piety.
At times those who do not want to have their inconsistencies pointed out say
in a super-sweet voice to me “judge not, lest ye be judged.” I reply, “O.K.,
judge me, then.”
While both Thoreau and Hennacy strike me as stern with others, and
maybe not always fun to be around (as Hennacy would say: “I love my enemies
but am hell on my friends”), they were anything but joyless. Thoreau’s
vigorous, enthusiastic love of life and the world are legendary, and Hennacy’s
character too was eager, life-affirming, and generous (even in its criticisms).
Utah Phillips came home from the Korean war a drunken brawler, checked in to
Hennacy’s Catholic Worker hospitality house in Salt Lake City, and eight
years later checked out again, sober, a pacifist, and an anarchist. He
remembered Hennacy this way:
He was tough without being hard — tough without that brittle hardness that
some tough men have that would shatter if you struck it too hard. “Love in
Action,” Dorothy Day called him — Dostoyevsky’s words: “Love in action is
harsh and dreadful compared to love in dreams.”‡
Neither Thoreau nor Hennacy had any tolerance for bliss-bunnyishness, but both
were cheerful; both knew how to be dutiful without being dour. Thoreau:
I’ve tried here to put forward the strongest affirmative case for the
practical effectiveness of the one-man revolution, at least as it can be found
in Hennacy’s and Thoreau’s writings.
They make a strong and persuasive argument, I think, but not an airtight one.
I wish more evidence was preserved of them in dialog with incisive critics of
the one-man revolution, to hear how they would respond to the best arguments
against it.
But what keeps the argument for a one-man revolution from persuading people is
not, I think, the strength of the counter-arguments, but just the fact that to
accept the argument is not enough — it demands much more than a “Like,” and
much more than most people think they have to give. To be persuaded is to be
overwhelmed, to take the first step off the path and into uncharted territory,
and only a few of us have the courage to take that step.
* Can we all be mature here and recognize that in Frost’s and Thoreau’s and Hennacy’s time words like “man,” “men,” “he,” “his,” and “him” could either be intended by the author to stand exclusively for males or for people in general depending on the context, which the discerning reader (I think) can still be trusted to understand?
✴ This is an old thought experiment, see for instance Cicero’s De Officiis Ⅲ.23 in which he says much the same.
Thoreau’s “ten honest men” also hearkens back to the Bible, in this
case the story of the destruction of Sodom and Gomorrah. When God threatened
to destroy the cities, Abraham asked him if he would still be willing to
destroy them if there were fifty righteous people there who would be
destroyed with the rest. God said in that case, he’d back off. Then Abraham
said, what about 45? how about 40? 30? 20? 10?
He managed to negotiate God down to ten before God got sick of the act and walked away.
Alas, there weren’t even that many righteous people, so God torched the place.
For that matter, Thoreau’s note that in his speech to a mostly-shocked crowd “the seed has not all fallen in stony & shallow ground” also has Biblical roots, as does his “do not let your right hand know what your left hand does” remark.
Even if you’re not a Christian, you almost have to be familiar with the King James Bible just to acquire the vocabulary of metaphors you need to understand the centuries of English-language literature that came after.
By using phrases like these and drawing on the stories they evoked in his
audience, Thoreau is reminding them that his arguments, while challenging,
are rooted in a tradition they can understand and already are familiar with.
As good Christians, they have probably already tried to imagine the Kingdom
of God as being like a little yeast leavening a whole loaf, or whether or not
they are the sort of good ground on which the seeds of good teaching would
land and flourish, or whether if angels came to destroy their town they
would be among the ten righteous people who could argue for them to spare it.
‡ This comes from The Brothers Karamazov, where it is delivered by a saintly monk named Zossima.
He is talking with a woman who is going through a spiritual crisis, and who has
fantasized about going into a religious order and becoming a Mother Theresa
kissing-the-wounds-of-lepers sort. Zossima says that such things are nice
thoughts to have because “some time, unawares, you may do a good deed in
reality,” but they’re just daydreams of saintliness, not the real thing.
If you do not attain happiness, always remember that you are on the right
road, and try not to leave it. Above all, avoid falsehood, every kind of
falsehood, especially falseness to yourself. Watch over your own
deceitfulness and look into it every hour, every minute. Avoid being
scornful, both to others and to yourself. What seems to you bad within you
will grow purer from the very fact of your observing it in yourself. Avoid
fear, too, though fear is only the consequence of every sort of falsehood.
Never be frightened at your own faint-heartedness in attaining love. Don’t be
frightened overmuch even at your evil actions. I am sorry I can say nothing
more consoling to you, for love in action is a harsh and dreadful thing
compared with love in dreams. Love in dreams is greedy for immediate action,
rapidly performed and in the sight of all. Men will even give their lives if
only the ordeal does not last long but is soon over, with all looking on and
applauding as though on the stage. But active love is labour and fortitude,
and for some people too, perhaps, a complete science.