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Do You Know Who the Swiss President Is? – Article by Bill Wirtz

Do You Know Who the Swiss President Is? – Article by Bill Wirtz

The New Renaissance HatBill Wirtz
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Doris Leuthard. That’s the name of the incumbent Swiss president in case you wondered or might need it in a general knowledge quiz any time soon. But how come a country this well known on the international stage happens to have such an unknown executive?

The Swiss Opposed Centralization from the Start

The beginning of the Swiss confederacy wasn’t about power.

From the 14th century on, while Europe was torn in territorial conflicts or the religious Thirty Years War of 1618 to 1648, the (originally) 8 cantons of the Old Swiss Confederacy were a microcosm of peace and prosperity. These cantons in themselves did have religious differences, but preferred to agree on a pact of mutual military assistance to protect the neutrality of the region and its peace. The Holy Roman Empire had granted this community of cantons imperial immediacy, meaning they were declared free from its rule while being a part of it. As the European royalties raised massive amounts of taxes to finance their decade-long wars, being Swiss was comparable to living in the first true tax haven: by any means the destruction in all of Europe made the differences that these cantons have look insignificant.

Later, religious differences in Switzerland grew, sparkling battles between Catholic and Protestant cantons. Each of these battles had winners, yet none were able to impose a true change of regime, as the cantons were too diverse to be governable. The cantonal governments refused to cooperate with each other: the only foreign policy they could agree on was that of neutrality, which ended up saving it from war.

The French Revolutionary army invaded the Confederacy in 1798 and established the Helvetic Republic, a centralized state, abolished cantonal sovereignty and feudal rights and reduced the cantons to administrative districts, all in the image of France itself. This French nation-building project failed 5 years later, as the population didn’t cooperate with any centralization attempts. The Helvetic Republic was incompatible with the Swiss mentality: the people demanded that government decisions be made at the canton level, not at the federal level.

Centralization and Switzerland’s Civil War

After decades of struggles over the centralization of power, a civil war ended the everlasting Swiss question of the legitimacy of a federal government. The Sonderbund War started in 1847 and was a fight between seven conservative and Catholic cantons who opposed the centralization of power and rebelled against the Confederation which had been in place since 1814. What followed was probably one of the least spectacular wars in world history: the federal army had lost 78 men and had 260 wounded. The Sonderbund conspiracy dissolved and Switzerland became the state it is today in 1848.

Think about this, the Swiss fight (which was marked by its incredible lack of violence in comparison to others) was purely over the rejection of the centralization of power, the skepticism of the responsibilities that a large entity has, while, mind you, we’re only talking about a country of 16,000 square miles. The result is a relatively neutral state which maintains a greater amount of freedom and prosperity than most European nations.

The Federal Council, Impotent by Design

The executive of the federal multi-party directorial republic is a body called the Federal Council. It is composed of 7 members (each one responsible for one of the seven departments in Switzerland) who are voted into their position by both chambers of the Federal Assembly. Their presidency and vice-presidency is rotating each year, their mandate is four years. The current council is composed of 2 social democrats, 2 center-right conservatives, 2 national conservatives, and one Christian-democrat (Doris Leuthard, who’s the current president).

While the Confederation of Switzerland was designed to follow the example of the United States when it comes to federalism and states’ rights, the Swiss avoided the concentration of the executive into one person. It is interesting to note that although every European country made (and makes) constant changes to their form of government, this council has not changed since 1848. The only political change has been made to the Federal Council, is the reversal of the Magic Formula, or also known as the Swiss consensus, a political custom which divided the 7 seats in the country between the four ruling parties. With the arrival of billionaire industrialist and EU-opponent Christoph Blocher and his Swiss People’s Party, this political agreement had been shaken up and, furthermore, made Switzerland’s accession to the European Union more and more unlikely.

The council shows unity towards to the public and most decisions are made by consensus. That is largely because their function is more decorative than functional, as most of the power is still held by the cantons. Decisions related to education and even levying taxes are made at the regional level. There is no executive action or veto which the federal government could use.

The president of Switzerland has little to no room in public political discourse. So if you don’t know who the new president of Switzerland is, don’t worry. Some Swiss people might not know either.

Localism Works in Switzerland

The Swiss cantons perform the balancing act of politics: the conservative cantons are those outside of the big cities such as Zurich, Geneva or Bern (the capital). The population in the smaller communities reject the tendency to govern from the capital. As a result, the Swiss have continuously rejected proposals like the ones phasing out nuclear energy.

This push for localism would be considerably more difficult if it wasn’t for the system of direct democracy that is very common in the Confederacy.

All federal laws are subject to a three to four step process:

  1. A first draft is prepared by experts in the federal administration.
  2. This draft is presented to a large number of people in an opinion poll: cantonal governments, political parties as well as many NGO’s and associations out of civil society may comment on the draft and propose changes.
  3. The result is presented to dedicated parliamentary commissions of both chambers of the federal parliament, discussed in detail behind closed doors and finally debated in public sessions of both chambers of parliament.
  4. The electorate has a veto-right on laws: If anybody is able to find 50,000 citizens who will sign a form demanding a referendum within 3 months, a referendum must be held. In order to pass a referendum, laws need only be supported by a majority of the national electorate, not a majority of cantons. It’s not unusual for Switzerland to have referenda on more than a dozen laws in any given year.

These referenda are the reason why the political majorities have decided to include their own opposition in government: if the majority does not seek a consensus, the oppositions can use a citizens initiative (referendum) to overturn any decision made on the national level.

The system of checks and balances through both the aggressively localist cantons and the tool of direct democracy has made Switzerland particularly resistant to the growth of government, and one of the few relatively liberty-minded bastions in Europe.

Bill Wirtz studies French Law at the University of Lorraine in Nancy, France.

This article was originally published on FEE.org. Read the original article.

Transhumanism and Minarchism Are Compatible: A Response to The Sliceman – Article by G. Stolyarov II

Transhumanism and Minarchism Are Compatible: A Response to The Sliceman – Article by G. Stolyarov II

The New Renaissance Hat
G. Stolyarov II
April 27, 2014
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This essay is part of a debate with The Sliceman on whether transhumanism and minarchism are compatible. For prior installments of the conversation, see the following essays:

– “Why I Do Not Adhere to Anarcho-Capitalism” by G. Stolyarov II

– “In Response to G. Stolyarov II and his Transhumanist Minarchism” by The Sliceman

I appreciate that The Sliceman has taken the time to post his thoughts on the question of the compatibility of transhumanism and minarchism, and I thank him for his good words regarding my work. If, as he writes, we agree on 90% of the issues, “with the lone exceptions being minarchy and monogamy”, then we have plenty of common ground that could also be used to reach some points of agreement on the question of transhumanist minarchism.

My aim in this discussion will not be to discredit or refute anarcho-capitalism; instead, I will strive to show that transhumanist minarchism is a fully reasonable and logically consistent position. Empirically, transhumanist anarcho-capitalism also clearly has articulate adherents and holds out promise for the incremental improvement of the human condition. The Sliceman writes of my views, “Your stance is that, [anarcho-capitalism] would be better than normal statism, but not as good as minarchism.” This is correct, meaning that I would see transhumanist anarcho-capitalism as an improvement over the status quo both politically and technologically. However, transhumanist minarchism would be superior still, because it would contain a method for resolving tensions and disputes that would have escalated into violence under transhumanist anarcho-capitalism.

The Sliceman writes in response to my statement that anarcho-capitalism has no practical application in today’s world that “yes, there has never been a practical application of Anarcho-Capitalism replacing a state but there has never been an economic powerhouse minarchy that didn’t evolve into totalitarianism either. We are BOTH in the realm of theory here, my friend.”

In an important way, I agree. I wrote in “Why I Do Not Adhere to Anarcho-Capitalism” that “Neither my position nor the anarcho-capitalists’ has any existing real-world incarnation. The question before us, then, is which of these positions would result in less overall violence and coercive dishonesty if implemented in practice?” However, in another important way, I disagree with the argument that an empirical refutation of minarchism can be offered by observing formerly freer societies that have devolved into totalitarian or near-totalitarian ones. The Sliceman is correct that the United States has undertaken this trajectory over the past 238 years, while in the meantime facilitating considerable prosperity and economic growth through political structures that were freer than most. However, at no point in history was the United States minarchistic – not even by a long shot. The U.S. Constitution and Bill of Rights were closer to the libertarian ideal than the governance structures of 18th-century Europe, to be sure, so they constituted steps in the right direction for their time. But the very language of these documents – including the “Commerce Clause”, the “General Welfare Clause”, and the “Necessary and Proper Clause” – opened the floodgates for extensive centralized intervention as these clauses were interpreted to have increasingly expansive and open-ended meanings. The devolution of the United States to the near-totalitarianism it exhibits today is not the result of minarchism, but israther due to the infusion of non-minarchistic elements into the US political structure at its founding. (The recognition of slavery certainly did not help, either; it paved the way for the bloody Civil War, which led to the first round of attempted totalitarianism by central governments under Abraham Lincoln in the Union and Jefferson Davis in the Confederacy.) I also note that the non-minarchistic nature of the early United States can be clearly seen in such travesties against liberty as the Alien and Sedition Acts of 1798 (which effectively forbade criticism of the government) and even Thomas Jefferson’s Embargo Act of 1807 (which effectively forbade all overseas trade) – neither of which would be conceivable even in today’s United States.

So the historical trajectory of the United States is no more an argument against minarchism than the brutal infighting and miserable standards of living in Somalia today are an argument against anarchism. The argument presented by The Sliceman that bureaucracies tend to try to grab more power for themselves may be true, but, if so, its only implication is that non-minarchistic elements of a government will tend to expand over time, changing the proportions of an initial mix of coercive and non-coercive government functions to be more heavily dominated by the coercive functions over time. However, if a minarchist government lacks the coercive functions (which involve non-retaliatory use of force) to begin with, and both the constitution and public opinion provide strong barriers to the emergence of such coercive functions, then the trajectory toward totalitarianism need not occur.

The Sliceman writes, “In fact, I believe minarchy to be much more theoretical than anarchy. Anarchy can be seen all over the world every day in the form of capitalism and voluntary association and order. Minarchy is almost never seen in all of history.” Both minarchy and anarchy are similarly theoretical, in my view, because, just as there has never been a completely minarchist government in history, there has never been a complete anarcho-capitalism in any society. Because every person encounters some dose of coercion in going about his or her daily life, that coercion necessarily shapes individual incentives and the kinds of markets and goods and services that arise in the society where the coercion exists. It is true, for instance, that unregulated black markets arise virtually everywhere that a government attempts to prohibit a good or service, but the content, environment, and limitations of those black markets are very much determined by the fact that the prohibition exists in the first place, as well as the extent and manner of the prohibition’s enforcement. Just as a true minarchism could only exist if a government did not have any legitimate power to initiate force, so a true anarcho-capitalism could only exist if there were no need to develop workarounds for the limitations imposed by a centralized authority.

This leads me to the conclusion that what matters more is the incremental direction of political change that one advocates – rather than one’s desired theoretical destination. For instance, abolishing NSA surveillance of the general population, dismantling the TSA, repealing the income tax, withdrawing all overseas US troops, halting the War on Drugs, and ending the requirement that the FDA approve all medicines prior to their availability for purchase by the general public, would all be measures favored by both minarchists and anarcho-capitalists. Their implementation would greatly increase the liberty enjoyed by people in practice, and such measures would also dramatically accelerate the rates of technological progress and economic growth. Whether the changes could be best accomplished by working within or outside the political system is an empirical question, and various strategies can be, at their core, compatible with both minarchism and anarcho-capitalism.

The Sliceman writes: “how dare you consider yourself a transhumanist, yet scoff at that which hasnt been tried yet[?] The automobile has not yet been created, but that is no reason to think the future is a faster horse. If history has taught us anything, it’s that someone’s lack of imagination does not deter future technological advancement in the areas of industry, economy, religion, or government.”

My argument regarding the lack of practical application for anarcho-capitalism does not hinge on the fact that it has not been tried yet in its full form. In fact, I would encourage some group of people to try it – perhaps on a seastead, a small island, or a space colony. The results of such an experiment would provide valuable empirical evidence and fuel for further thought and work in political philosophy. As I have previously stated, my preferred political system of minarchism also has not been tried in its consistent form, so my preference for it does not stem from any aversion for the new and untried.

Rather, when I say that anarcho-capitalism has no practical application today, my exact meaning is that I have yet to see a viable proposal for bringing it about through a transition from the status quo. Unlike minarchism, for whose attainment a sequence of political reforms can be articulated, many strains of anarcho-capitalism reject working within the political system, period, so it is unclear how exactly the transformation from a militaristic welfare state to an anarcho-capitalist society is envisioned to occur. As I wrote in “Why I Do Not Adhere to Anarcho-Capitalism”, “I happen to believe that political theory is more than a mind game; it has relevance to the real world, and it ought to have real-world implications for how we act in our own lives. It is not enough to simply state that one would like the world to be a certain way. Rather, a specific, technical, and quite involved series of steps is necessary to transition from the status quo to any state considered desirable. To simply contemplate the end outcome without any idea of how to attain it or even approach it is to divorce one’s political thinking from reality.” It also appears to me that, when an anarcho-capitalist does propose ways of working “outside the system” – including seasteading, cryptocurrencies, informal markets, and digital communities – these ways are also perfectly compatible with minarchism. They involve the use of technological innovation, jurisdictional competition, and civil society to motivate a reduction of political power from without. Yet, unfortunately, too many anarcho-capitalists let the perfect (in their minds) be the enemy of the good, and they reject or resist any attempts at bringing about incremental change (even outside of politics proper), for fear that those attempts are somehow intertwined with and corrupted by the existing political or social order. I do support the practical efforts of anarcho-capitalists to achieve their vision in peaceful ways. However, if and when they do this, they do not engage in any activities that are exclusively anarcho-capitalist or that would require adherence to anarcho-capitalism to pursue. A minarchist could undertake those same actions just as effectively.

I note that the lack of a concrete proposal to achieve anarcho-capitalism is quite different from what one observes with transhumanist projects and aspirations. Virtually every transhumanist vision, from indefinite life extension to various incarnations of the technological Singularity, has an associated detailed sequential plan for attaining it or view of the unfolding events that would bring it about. Consider, as examples of this, Aubrey de Grey’s SENS roadmap to reversing all the types of age-related damage, or Ray Kurzweil’s Law of Accelerating Returns, forecasting the continued exponential growth of emerging technologies. I certainly see the amount of centralized control in a society as capable of having a powerful impact on the rate at which these transhumanist aspirations can be realized; the more centralized control, the slower the rate. However, neither minarchism nor anarcho-capitalism would impose coercive restrictions on transhumanist projects, and so both are, in theory, quite compatible with transhumanism. Minarchism has the added advantage that it more readily embraces incremental political reforms that could help make an existing society more free, even if any given reform will not completely achieve the libertarian ideal. Minarchist activism could therefore be one effective way to increase the rate of technological progress in the near-to-intermediate term, paving the way for massive prosperity in the long term, which would increasingly consign the “social service” role of many welfare states to irrelevance.

The Sliceman writes, “Libertarian Tranhumanism and Minarchism is an extremely rare match. The creed of Transhumanism is to use historical patterns and trends to predict the future. I’m sure this study greatly contributed to your [belief] and support for indefinite life extension. The creed of Libertarianism is to increase liberty, freedom, and the protection of private property by decreasing the institutionalized initiation of the use of force that is the state.”

I disagree with the proposition that libertarian transhumanism and minarchism are a rare match. It is important to keep in mind that, among libertarians today, anarcho-capitalism is still a significant minority position. Transhumanism attracts significant interest from both libertarians and non-libertarians alike, but its affinity with libertarianism is stronger, so a larger proportion of libertarians are transhumanists as compared to non-libertarians. I have seen no evidence to suggest that anarchist libertarians are more inclined toward transhumanism than minarchist libertarians. While I have done no polling on this question (and some empirical research would certainly be extremely interesting here), a more plausible hypothesis is that transhumanism attracts libertarians independently of their views on the question of minarchy versus anarchy. So if X% of libertarians are anarchists, and (100-X)% are minarchists, and Y% of libertarians are attracted to transhumanism, then it would appear that, as long as X% < 50%, then X%*Y% would be less than (100-X)%*Y%, so there would be more minarchist transhumanists than anarcho-capitalist transhumanists. Again, this is only a hypothesis at present, and conducting a scientific poll of libertarian transhumanists would enable a more in-depth exploration of this question.

The Sliceman continues by describing an “exponential curve of liberty” that has unfolded throughout history, as greater technological advancement, especially in communication technology, has increased individual sovereignty. I agree with this general characterization. In fact, it fits with Steven Pinker’s immensely well-researched look in The Better Angels of Our Nature into the decline in rates of human violence over time, as technology, culture, and political liberty have tended to progress. However, Pinker is certainly no anarchist. He points out that hunter-gatherer “stateless” societies experienced per capita rates of violence and murder greatly exceeding those of the most despotic governments or those that were manifested during the two World Wars of the 20th century. Pinker’s view is that even despotic government is preferable to tribalism or lawlessness, while constitutional or limited government is greatly preferable to despotic government in reducing the rates of violence (which are at their lowest point now as compared to any prior era) and maximizing the scope of individual liberty. I have read the entirety of The Better Angels of Our Nature, and it appears that the evidence Pinker presents suggests that technology, commerce, and culture – rather than political structures – offer the greatest contributions to the reduction of violence, perhaps because political structures are very much conditioned by the technological, economic, and cultural environments in which they arise.

The Sliceman writes, “The question here is what kind of liberty this technology will lead us to. Your answer seems to be that the exponential change in liberty will come to a stop at minarchy and we will just stay there, where my answer is that the exponential change will continue and the only logical conclusion is that we will approach 100% liberty with only [a] few tiny fractions of a percent of violence being accounted for by the fact that we are still, in fact, animals, and animals are violent.”

Supposing that exponential increases in liberty through technological progress can be achieved, this is not per se a sufficient argument that all government would disappear. For instance, exponential advances have been made to store data in ever-smaller volumes of physical space. This does not, however, suggest that we will ever arrive at a point where no physical space at all will be required for the storage of data. At most, we could perhaps keep reducing the space required without any lower limit, but we would only asymptotically approach zero space without ever getting there. The same reasoning could apply to government. Indeed, I see in accelerating technological progress our best prospect for minarchism. As advancing technology raises the prevailing levels of prosperity, fewer people will find themselves in need of government services to rectify any perceived deficiencies in their lives. The more the role of the redistributive welfare state dwindles away, the more governments would be relegated to their theoretically justified roles under minarchism – the resolution of disputes and protection against the initiation of force. It is quite feasible that additional private mechanisms for dispute resolution would emerge, and people would become generally more comfortable and less likely to want to engage in violence in the first place – both of which phenomena would reduce the frequency with which the government would resolve disputes in practice or interject its retaliatory force. If many humans receive augmentations to their minds, increasing both their intelligence and their moral sense, then the result will be an even further-reduced inclination to initiate force. But would this trend ever result in the elimination of government altogether? I doubt it – for the simple reason that the ability to have an ultimate arbiter of disputes or an entity that can interject itself to prevent violence would be too valuable for a future society to do away with altogether. 99.9999% of future transhumans may be entirely peaceful and capable of dealing with one another solely through market arrangements. But suppose there is even one person who rejects all transhumanist paths for humankind and who seeks, in some way, to use violence to wage war on the transhumanist society. Maintaining some very minimal government to deter this person would be wise. Furthermore, if the situation improves to the point where no such person exists, then the mechanisms of a minimal government might well lie dormant for a time – but there would be no reason to abolish them. It would be better to keep them available, just in case a future threat of violence arises, and all market-based methods for preventing it fail. After all, what would happen if some barbarous militaristic alien species discovers the transhumanist Earth and simply launches an invasion, with no questions asked?

The Sliceman writes, “You don’t need an ultimate arbiter when you are running your contracts through the Bitcoin Blockchain or its future replacement. You don’t need an ultimate arbiter when everything on Earth is constantly being recorded and a murderer (whose act can be proven 10 ways from Sunday through constant voluntary surveillance i.e.: Google glass, dashcams, and their future equivalents) can be given a voluntary unanimous Yelp review of ‘exile’.” In some cases, technologies such as the blockchain or universal sousveillance might actually generate more of a need for an ultimate arbiter. It is true that those technologies can facilitate more transparency and discovery of facts, but, in some cases, they are just as open to exploitation for nefarious motives. For technologies based on the blockchain, this is evidenced by the many thefts that have occurred from third-party Bitcoin services or the dishonesty and consequent failure of Mt. Gox. For sousveillance, there is an extremely fine but important line between monitoring that can help deter or prevent crime and monitoring that can infringe on individual privacy and deter innocent behaviors that could only occur in private. When such conflict areas arise (as is inevitable with transformative new technologies), it would be nice to have an impartial arbiter that could resolve conflicting legitimate interests and help overcome the “growing pains” of technological change. Of course, today’s archaic and cumbersome legal system is not the answer to this challenge, but a highly streamlined, extremely knowledgeable, and technologically sophisticated minarchist court might be.

The Sliceman writes that “Technology does not stop at minarchy.” I respond that, ultimately, no single form of government can be seen as the final form, upon which there cannot be any improvement. I do not rule out the existence of true anarcho-capitalism at some future time, somewhere. In “Why I Do Not Adhere to Anarcho-Capitalism”, I wrote that “Perhaps the anarcho-capitalist ideal will be realizable in some distant future time, once human beings have progressed morally and technologically to such an extent that the initiation of force is no longer lucrative to anybody.” I would have no quarrel with transhumanists who attempt to implement anarcho-capitalism through emerging technologies – but, at the same time, minarchism appears to be a far more proximate prospect, and, in the next several decades at least, the very same concrete methods that any anarcho-capitalist would effectively pursue, could also be used to pursue minarchism (since societies would be moved in the direction of both ideals by the application of such methods). Perhaps one implication of my argument is that, for the time being, it does not really matter whether one is a minarchist or an anarcho-capitalist, as long as one supports pro-liberty incremental changes. Another implication, however, is that minarchism and transhumanism are fully compatible, at least for the foreseeable future.

Libertarian Democrat: When New York Produced Giants for Liberty – Article by Lawrence W. Reed

Libertarian Democrat: When New York Produced Giants for Liberty – Article by Lawrence W. Reed

The New Renaissance Hat
Lawrence W. Reed
August 18, 2013
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The idea pervades the bill that severe penalties will secure enforcement; but all experience shows that undue severity of laws defeats their execution … [N]o law can be sustained which goes beyond public feeling and sentiment. All experience shows that temperance, like other virtues, is not produced by lawmakers, but by the influences of education, morality and religion. Men may be persuaded—they cannot be compelled—to adopt habits of temperance.

—Horatio Seymour, 1854

This essay is about a long-forgotten New Yorker who served in his state’s legislature and twice as governor, then nearly became President of the United States. Much respected, even beloved by many in his day, his name was Horatio Seymour. He deserves to be dusted off and appreciated now, almost 130 years since his death. But first, some context.

The Democratic Party in the state of New York these days is about as “liberal” (in the twentieth-century, American sense of the term) as it gets. On economic issues in particular, it is reliably statist, meaning it rarely deviates from the “more government is the answer” mentality, no matter how strongly logic or evidence point elsewhere. But not so long ago, New York’s Democrats were largely of the opposite persuasion. They were often what we now would call “classical liberals,” ardent skeptics of the concentration of power. Classical liberals really believed in liberty; today’s liberals really don’t.

Local and national Democratic Party organizations today host “Jefferson-Jackson Day” dinners in honor of two of the party’s early representatives. If Thomas Jefferson or Andrew Jackson could stop in for a drink, it’s not likely that either one of them would recognize their party after all these years. Arguably, they’d be horrified enough to resign their memberships. My guess is that Jackson would become an Independent while Jefferson would bolt for the Libertarians.

New York City in the 1830s was the birthplace of the Locofocos, the most principled libertarians the Democratic Party ever produced. Their opposition to subsidies, high tariffs, special favors, fiat money, and interventionist government helped keep the state and national party on the right side of liberty until the silver-tongued currency crank William Jennings Bryan came along in 1896.

Martin Van Buren, Jackson’s successor, was a New York Democrat. Economist and historian Jeffrey Rogers Hummel argues that Van Buren may be the most libertarian of all the American presidents.

In the 1840s and 1850s, Democrats fought the Whigs, who stood for a Hamiltonian big government that would dispense privilege and corporate welfare, jack up tariffs, and centralize banking. When the Republicans picked up the mantle of the Whigs in the late 1850s, Democrats opposed them for the same reasons. With the exception of Horace Greeley, the most pro-liberty presidential candidates in the thirty years after the Civil War were the Democratic nominees who didn’t win (Seymour, Tilden, and Hancock). The only Democrat to actually capture the White House between 1865 and 1912—Grover Cleveland, born in New Jersey but a New Yorker most of his life and governor of the state—was arguably one of the very best and most pro-liberty presidents of the 44 we’ve had.

New York was home also to eight-term congressman Bourke Cockran, who emerged in the 1890s as one of the staunchest and most eloquent defenders of Jeffersonian liberty Americans ever sent to Washington from anywhere.

But something happened to the Democratic Party in the years between Cleveland and the next Democratic president, Woodrow Wilson—my personal choice for the worst of all presidents. That sad turn of events is a story for another day. Allow me now to return to my primary subject, Horatio Seymour.

Seymour wrote those words at the top of this essay. They were part of his 1854 veto of one of the earliest alcohol prohibition measures that made it to a governor’s desk. If the wisdom of that veto message had been heeded 65 years later, America would have been spared the imbecility of Prohibition. So, too, it could have saved us from compounding that destructive error with a futile, expensive, and tyrannical War on Drugs in more recent decades. His view on Prohibition was indicative of his general perspective on the role of government in our lives. He was no friend of the meddlesome nanny state.

Seymour was born in 1810 in Onondaga County, New York, early in the presidency of another Jeffersonian Democrat (from Virginia), James Madison. At the age of 23, he went to Albany, where he labored for six years as military secretary to the state’s Democratic governor, William L. Marcy. There, he gained detailed knowledge of the state’s politics. In 1841 he won election to the New York State Assembly and served simultaneously as mayor of Utica from 1842 to 1843. He was elected speaker of the assembly in 1845, then governor of the state in 1852. His veto of the Prohibition bill cost him in his reelection bid, which he lost by a mere 309 votes statewide.

FEE’s senior historian, Dr. Burton Folsom (author of The Myth of the Robber Barons, New Deal or Raw Deal, and other great works) reminds me that Seymour wasn’t as solid on economic issues as New York’s Locofocos: “Seymour was from Utica, and because that town was right on the Erie Canal, he favored state-funded construction of the Erie Canal.  He also favored (though with less enthusiasm) the state funding of the eight branch canals, all of which lost money.” Indeed, Seymour should have seen the logical inconsistency of canal subsidies and small government, but such are the blemishes of politics, which is why when we grade its practitioners, we have to do so “on the curve” or most would flunk. I still see greatness in Seymour on other counts.

The country drifted inexorably toward sectional conflict for the rest of the 1850s. Out of office but an influential former governor of the most populous state, Seymour made headlines whenever he spoke. Prominent party leaders promoted him for the presidential nomination in 1856 and 1860 but he declined to run. He opposed slavery but was reluctant to go to war over either it or the question of secession. When war came in 1861, he staked out a definitive position on the Lincoln administration’s suppression of civil liberties and questionable constitutional ventures such as suspension of habeas corpus:  “Government is not strengthened by the exercise of doubtful powers, but by a wise and energetic exertion of those which are incontestable. The former course never fails to produce discord, suspicion and distrust, while the latter inspires respect and confidence.”

As the war groaned on, Seymour chastised Lincoln and the Republicans for imprisoning (without trial) thousands of dissenters who questioned the war or its conduct. He demanded to know why citizens of the North had to be warred upon by their own government. “Liberty is born in war,” he declared. “It does not die in war! I denounce the doctrine that Civil War in the South takes away from the loyal North the benefits of one principle of civil liberty!”

Defending civil liberties in the midst of a major war was a courageous stand in the 1860s. Even among the large and vocal cadre of Lincoln apologists today, it’s not kosher to bring up the seamy side of our 16th President’s policies. But in the day, some very patriotic Americans like Seymour raised serious questions that deserve attention now as they did then.

In 1862, Seymour was again elected governor of New York and was embroiled the very next year in a vigorous battle with the Lincoln administration over the military draft. He strongly opposed it as unconstitutional. He refused to pay the state’s foreign creditors in paper greenbacks, insisting instead on payment in the medium specified in the terms of the debt—gold. Defeated narrowly for reelection in 1864, Seymour resumed his prominent role as a respected elder statesman and spokesman for Democratic principles. He might have taken the presidential nomination away from George McClellan in 1864 but, as in the past, he declined many demands that he be a candidate.

With no strong Democratic contender for the presidential nomination in 1868, Seymour’s name bubbled to the top again. I’ve written elsewhere about Republican James A. Garfield as the most reluctant man ever to be elected President of the United States. Horatio Seymour is easily the most reluctant man ever to be nominated and not get elected, though he came close. Leading up to the Democratic Party convention in 1868, he declared numerous times that he would not be a candidate. He even accepted the role as permanent chairman of the convention because the very position would make it impossible to also be a candidate, but after 21 deadlocked ballots the conventioneers violated party rules and nominated Seymour anyway. He ran against Republican Ulysses S. Grant out of a sense of obligation to his party, not any lust for the job. Democrats made Francis P. Blair of Missouri his vice presidential running mate.

Almost immediately, Republicans waved “the bloody shirt,” accusing Seymour and the Democrats of treason. The Democratic nominee was a “traitor” because he had once supported secession, though he took that position purely (and in the view of this author, correctly) because the Constitution neither addressed nor forbade it. Like it or not, the notion that secession was a right of any state was a widely held perspective in both the North and the South in the first half of the nineteenth century. The Republicans vilified it for reasons of power and politics, but it was not for many decades a “radical” or unsupportable view in America, even among Northern newspaper editors.

In his superb 1938 biography, Horatio Seymour of New York, Stewart Mitchell writes that Seymour was on solid ground in arousing opposition to Republican duplicity, by which I mean claiming to be defenders of the Declaration of Independence and the Constitution while trampling on the rights upheld in both. “The fact was,” according to Stewart (quoting liberally from Seymour himself), “that within ten states of the Union any American citizen who dared to quote that declaration in his own defense ‘would be tried and punished by a military tribunal.’” Moreover, “If a citizen of the state where the ashes of Washington lay buried were to remind his rulers that ‘the military should ever be subordinate to the civil authority,’ he could be ‘dragged to prison’ even from the grave of the man who wrote the declaration.”

The Seymour-Blair platform assailed the party of Lincoln and Grant in certain if not grandiloquent terms, and largely from a pro-liberty perspective. It called for restoration of a sound, metallic currency and lower tariffs. It condemned the Republican Party thusly:

It has nullified there (in the ten states occupied by federal troops) the right of trial by jury; it has abolished habeas corpus, that most sacred writ of liberty; it has overthrown the freedom of speech and of the press; it has substituted arbitrary seizures and arrests, and military trials and secret star-chamber inquisitions, for the constitutional tribunals; it has disregarded in time of peace the right of the people to be free from searches and seizures; it has entered the post and telegraph offices, and even the private rooms of individuals, and seized their private papers and letters without any specific charge or notice of affidavit, as required by the organic law; it has converted the American capitol into a Bastille; it has established a system of spies and official espionage to which no constitutional monarchy of Europe would now dare to resort; it has abolished the right of appeal, on important constitutional questions, to the Supreme Judicial tribunal, and threatens to curtail, or destroy, its original jurisdiction, which is irrevocably vested by the Constitution; while the learned Chief Justice has been subjected to the most atrocious calumnies, merely because he would not prostitute his high office to the support of the false and partisan charges preferred against the President. Its corruption and extravagance have exceeded anything known in history, and by its frauds and monopolies it has nearly doubled the burden of the debt created by the war; it has stripped the President of his constitutional power of appointment, even of his own Cabinet. Under its repeated assaults the pillars of the government are rocking on their base, and should it succeed in November next and inaugurate its President, we will meet, as a subjected and conquered people, amid the ruins of liberty and the scattered fragments of the Constitution.
***

Grant easily won the election in the Electoral College, 214 to 80, but the popular vote was a different story. There the margin was less than six points, as Grant bested Seymour 52.7 percent to 47.3 percent. With Grant’s troops occupying most Southern states, controlling many polling stations and actively disenfranchising significant numbers of Southern whites whose votes would likely have gone Democratic, Seymour’s 47.3 percent seems all the more remarkable.

In his 1944 book about losing presidential contenders, They Also Ran, Irving Stone described Seymour as “one of the most intelligent, high-minded and able statesmen produced in America since the creators of the Constitution.” He argued that Seymour’s gentle character likely would have made him an excellent president, “the most logical figure in the country to bind the wounds of the war and wipe out the bitterness.” But alas, he didn’t get the chance.

Seymour never ran for office again after 1868 and turned down a guaranteed seat in the U.S. Senate, two more likely nominations for governor, and even two strong efforts to nominate him for the presidency in both 1876 and 1880. He may hold the record in American history for turning down more opportunities for high office than anyone else. His last political activity was to campaign for Grover Cleveland in 1884. He lived long enough to see Cleveland elected as the first Democrat since James Buchanan. Seymour died in February 1886 at the age of 75 and is buried in Forest Hill Cemetery in Utica, New York.

Horatio Seymour, a significant figure and friend of liberty in his day, is remembered by few and appreciated by even fewer. We should not treat the good men of our past this way.

***
The author wishes to thank Mr. John Chodes of New York, a longtime FEE supporter, for his tireless efforts to remind his state and nation of the important contributions of his fellow New Yorker, Horatio Seymour.

Lawrence W. (“Larry”) Reed became president of the Foundation for Economic Education (FEE) in 2008. Prior to that, he was a founder and president for twenty years of the Mackinac Center for Public Policy in Midland, Michigan. He also taught Economics full-time and chaired the Department of Economics at Northwood University in Michigan from 1977 to 1984.

He holds a B.A. degree in Economics from Grove City College (1975) and an M.A. degree in History from Slippery Rock State University (1978), both in Pennsylvania. He holds two honorary doctorates, one from Central Michigan University (Public Administration—1993) and Northwood University (Laws—2008).

This article was originally published by The Foundation for Economic Education.
Mr. Stolyarov Quoted in Heartlander Magazine Article on Hawaii’s Plastic-Bag Ban

Mr. Stolyarov Quoted in Heartlander Magazine Article on Hawaii’s Plastic-Bag Ban

The New Renaissance Hat
G. Stolyarov II
July 4, 2012
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I have again been quoted in Heartlander Magazine, this time in “Aloha! Leave Your Plastic Grocery Bags at Home” by Kenneth Artz. I encourage you to read my comments there. Here are some of my further thoughts on this subject.

The recent banning of plastic bags in Los Angeles and Hawaii is a gross infringement on individual rights and free enterprise. Entirely harmless and consensual exchanges between stores and their customers are being prohibited, and in Los Angeles customers are being forced by the local government to pay for paper bags that stores would have preferred to give for free. This is a frightening infringement on consumer sovereignty, as it makes artificially scarce those goods which businesses would have preferred to make abundant and accessible for consumers’ benefit.

Freely available plastic and paper bags offer a superb convenience to consumers who may be making unplanned shopping trips – perhaps as a result of emergency needs.  Furthermore, store-provided bags are helpful even to consumers who have brought their own bags – just in case those consumers purchase more items than would fit into the bags they brought. The governments in Hawaii and Los Angeles are forcing such consumers to pay an extra fee because of their unforeseen, and sometimes very personal, needs. The ban and fee are hardest on the least economically advantaged consumers, for whom every penny counts. The inconvenience of the ban and the cumulative cost of the paper-bag fees can make the difference between financial sustainability and severe strain on personal and family budgets.

As my comments in the article make clear, the ban is also repugnant from the standpoint of morality and limited government. The only morally praiseworthy acts of environmental responsibility are those initiated and voluntarily sustained by private individuals and businesses.

This tax on convenience is an unacceptable exercise of arbitrary power. If a government can arrogate to itself the power to prevent mutually beneficial arrangements such as the free availability of plastic and paper bags – then what can it not do? What kinds of petty micromanagement are off limits to cities and counties? What room is left for creativity and innovation among individuals and businesses if the smallest things in life are subject to crippling prohibitions and controls?

Ron Paul’s Super Tuesday Successes and Long-Term Implications – Video by G. Stolyarov II

Ron Paul’s Super Tuesday Successes and Long-Term Implications – Video by G. Stolyarov II

Ron Paul’s respectable second-place finishes in Virginia (where he had his highest percentage of the vote to date), Vermont, and North Dakota are indicative of a longer-term rise in appreciation for liberty. Mr. Stolyarov explains that if Ron Paul’s supporters can achieve a brokered Republican National convention, then Ron Paul’s influence on this election cycle will be great indeed.

Ron Paul’s Second-Place Finishes
* Virginia – 107,471 votes – 40.4%
* North Dakota – 3,187 votes – 28.1%
* Vermont – 14,408 votes – 25.5%

(Video originally published on March 7, 2012.)