Did you know that your marriage license is a property title to your spouse’s body and affections? Just ask Jake Knotts, conservative Republican and arbitrary legislator over the state of South Carolina:

COLUMBIA — Men and women who seduce married people could be sued by jilted spouses under a proposal that won initial approval from S.C. lawmakers Thursday.

You know, we protect our automobiles. We protect our homes. There’s laws to protect everything, and we just need laws to protect the family, said the bill’s sponsor, Sen. Jake Knotts.

—Jim Davenport, Myrtle Beach Sun Times (2008-04-18): Bill aims at marriage interlopers

Here’s where the bill is at:

The S.C. bill says someone can recover unspecified damages if they prove wrongful conduct between their spouse and the defendant during their marriage and that the defendant caused them loss of affection or consortium of their spouse.

The bill was approved by a Senate subcommittee on the heels of a study this week that found divorce and out-of-wedlock births cost S.C. taxpayers $469 million each year and $112 billion overall for U.S. taxpayers. The study was done by groups that advocate more government action to bolster marriages.

The chairman of the subcommittee said failed marriages are damaging society and there should be repercussions for interlopers in marriages.

Whatever we can do to strengthen the bonds of matrimony, we ought to try, said Sen. Larry Martin, R-Pickens.

—Jim Davenport, Myrtle Beach Sun Times (2008-04-18): Bill aims at marriage interlopers

You might have thought that the best way to strengthen a marriage is to be kind and respectful to each other, to talk things out that need to be talked out, and generally to treat your spouse like a free and equal human being rather than as one of your precious possessions. You might also have thought that a husband or wife remains her own person after the wedding, and can do what she will, even if she makes choices that are foolish, hurtful or wrong, because her spouse has no enforceable claim on anything more than she freely gives of herself. But Knotts, Martin, and their colleagues think you ought to be able to call out the force of the State in order to punish interlopers, if you don’t want other people touching your things.

I’ve heard no word yet whether or not the South Carolina senators are considering an amendment to the criminal code for branding cheaters with a scarlet A.

That’s all fine and good and I make no excuses whatsoever for Jefferson’s slavery issue. NONE. But what I didn’t see in that entire article was something about Jefferson’s general views on governance and commerce. I was hoping to see laws or views he supported/held that showed an anti-libertarian POV.

There, slavery aside, I see very little to nothing.

—John V., comment to Will Wilkinson at The Fly Bottle (2008-04-18)

I don’t mean to be rude. But this issue is important.

There are lots of reasons to despise Alexander Hamilton — given his record as a Caesarian centralizer, rampaging war-luster, and the spiritual and political father of U.S. state capitalism. There are also lots of cases where Thomas Jefferson was better than Hamilton on things that Hamilton was rotten on. This should be taken into account if you are ever trying to rank U.S. revolutionaries according to their libertarian merits. But the reverse is also true, and the issues that Jefferson was rotten on — like, oh, slavery — were not small potatoes or minor personal foibles. And while I think that Will Wilkinson is making several interrelated mistakes, among them misrepresenting and unfairly minimizing the case against Hamilton, when he says…

If you think central banks are a bigger issue for liberty than human enslavement, trade, or the growth of capitalism then your priorities are screwed.

—Will Wilkinson (2008-04-07), comments on ABJ @ The Fly Bottle

… what I would like to stress, at the moment, is that if you ever, ever find yourself thinking that it might possibly be appropriate to reply to a remark like that by saying something like this:

Central banking is one of the worst forms of human enslavement, actually. You should try going out more often, WW, and read some Hoppe and DiLorenzo for good measure.

—Alberto Dietz (2008-04-09), comments on ABJ @ The Fly Bottle

Then you need to stop. Right there. And just—well, you know the rest.

Thomas Jefferson wrote a couple of documents that I admire very much. One of them I consider to be one of the finest and most important political documents written in the history of the world. But Jefferson was a man, not just the signature on a series of essays, and he also did many other things in his life. He was an overt and at times obsessive white supremacist. He was a rapist. He was a posturing hypocrite. He was President of the United States. He was himself a war-monger, who launched the United States’ first overseas war within months of his first inauguration. Most of all, he was a active slaver, a lifelong perpetrator of real, not metaphorical, chattel slavery. He violently held hundreds of his fellow human beings in captivity throughout their lives and throughout his, with the usual tools of chains and hounds and lashes. He maintained himself in an utterly idle life as a landed lord of the Virginia gentry by forcing his captives to work for his own profit, and living off of the immense wealth of things that they built and grew by the sweat of their own brows and the blood of their own backs. He had no conceivable right to live this life of man-stealing, imprisonment, robbery and torture, and no justification for it other than racist contempt for his victims and the absolute, violent power that he (with the aid of his fellow whites) held over the life and limb of hundreds of victims. He knew that his own words in the Declaration of Independence condemned his own actions towards his slaves, who were by right his equals, beyond appeal, but he went on enslaving them anyway for the rest of his life and would not even make any provisions in his will to set them free when he finally died. He was a hereditary tyrant, claiming, based solely on his descent, the right to go on perpetrating a reign of terror over his prison-camp plantation more hideous and invasive than anything ever contemplated by the most absolutist Bourbon or Bonaparte. Not because he was in any way extraordinary or at all harsher than the average, compared to other white slavocrats, in how he treated his slaves—but rather because that kind of terror and violence is part and parcel of what forcing hundreds of people into chattel slavery means. As insidious and destructive as government-centralized banking and the money monopoly may be — and I am the last person to deny that — it is callous, counter-historical, inhuman bullshit to try and pass it off as one of the worst forms of human enslavement in comparison to American chattel slavery. It’s bullshit that needs to stop.

A side note. When trying to explain Jefferson’s view on slavery, one thing that a lot of people seem to take as a point in his favor is his opposition to the trans-Atlantic slave trade. In 1807, Jefferson in fact signed a bill banning the trans-Atlantic slave trade (which could not take effect until 1808 because the U.S. Constitution only granted Congress the power to regulate the international slave trade 20 years after its ratification). It comes up a couple of different times in the same comments thread.

Unfortunately, it doesn’t actually speak in Jefferson’s favor. Jefferson, like many other white Virginian slave-camp commandants, was indeed for banning the trans-Atlantic slave trade, which he, like many other white Virginian slavers, sometimes fiercely denounced as infamous and inhumanly cruel. They were right about that part, and they were right that the trans-Atlantic slave trade ought to have been banned, but their primary reasons for wanting it banned were quite different from what people reading them today often conclude. If, after all, they were actually against the slave trade for humanitarian reasons, then they certainly ought to have the same problems with the internal slave trade in the United States, and the exportation of slaves out of the United States (for example, down to the death-plantations of the Caribbean). Those parts of the slave trade also involved the hellish passage of hundreds of slaves, shackled below decks, in sea voyages from New England or the upper South to the far-away places they were sold down to. But you’ll find little of that from Jefferson or his fellow white Virginian slavers, and the reason is that they profited from the internal slave trade. By the late 18th and early 19th century, Virginia was in the process of a long decline in agricultural productivity, but the landed lords held on to their stream of pirated wealth — by becoming the leading exporter of slaves to other, more productive plantations, down in the Deep South and in the Caribbean. Jefferson’s opposition to the slave trade, like that of many of his fellow Virginia slavers, was not nascent abolitionism. It was pure protectionism, designed to prop up the Virginian slave-traders’ profits while they retained the same absolute, violent power over their slaves at home.

Hope this helps.

Further reading:

• GT 2007-02-02: I guess I’m just funny that way
• GT 2006-03-21: The humane slave-driver
• GT 2006-03-04: Republican virtue (or: the Man who would be King)

Let’s compare and contrast.

Here’s Tom DiLorenzo at LewRockwell.com Blog

George Mason University Ph.D. candidate (public policy program) Phil Magness has had this terrific article published in the Journal of the Abraham Lincoln Association. It shows that, until his dying day, Dishonest Abe was hard at work trying to organize the colonization (i.e., deportation) of all the freed slaves.

—Tom DiLorenzo, LewRockwell.com Blog (2008-04-08): The Latest Scholarship on Lincoln’s Colonization Fetish

Here’s George Mason University Ph.D. candidate (public policy program) Phil Magness, in this terrific article published in the Journal of the Abraham Lincoln Association:

Constrained by the limitations of written evidence, inquiry into Butler’s account becomes necessarily speculative. Given the general’s probable exaggerations, one conceivable scenario involves the conversation turning to the subjects of racial conflict and colonization, with Lincoln indicating his willingness to receive Butler’s suggestions. Such a conversation would fall short of the specific project Butler describes or Lincoln’s choice of Butler to complete the task, though it indicates the possibility, and perhaps even likelihood, that Lincoln still entertained colonization ideas. Many unlikely parts of the conversation appear in Butler’s quotations of himself, rather than those attributed to Lincoln. The use of black troops to establish a colony, the canal component, and the policy itself are all expressed as ideas of Butler, which I will suggest to you, Mr. President. Lincoln’s only reaction, there is meat in that, General Butler, is far from espousal of the plan’s particulars, though it would indicate a more likely scenario in which Lincoln patiently received and considered Butler’s suggestions.

The present inquiry set out to provide a firmer basis for evaluating Butler’s colonization anecdote by resolving the issue of its reported timeline. Though established in date, the anecdote leaves many additional questions unanswered and provides room for further examination of an underexplored area of Lincoln’s presidency. As the full conversation between Butler and Lincoln was known only to its participants, one of them assassinated only three days later and the other writing of it twice several decades after the fact, a comprehensive and unbiased record of its events is unlikely ever to emerge. What is certain is that a private meeting in 1865 between Butler and Lincoln occurred. The details of this meeting, as conveyed by Butler, exhibit duly acknowledged signs of embellishment and the distorting effects of their distance from the event itself. Beginning with the meeting’s known date though, the two Butler accounts deserve greater attention than they have received. Sufficient evidence exists to merit additional consideration of Lincoln’s colonization views later in life, and tends to caution against the conclusiveness that many scholars have previously attached to the view that Lincoln fully abandoned this position. The Butler anecdote remains an imperfect example, yet some of its more plausible details may indicate that Lincoln retained an interest in colonization, even if limited, as late as 1865.

—Phil Magness, Journal of the Abraham Lincoln Association 29.1 (Winter 2008): Benjamin Butler’s Colonization Testimony Reevaluated

Magness’s article shows nothing like what DiLorenzo claims it to show. Nor does it claim to show anything like what DiLorenzo claims it to show. What it shows (with a great deal of care and interesting detail) is that a common argument, based on problems with Butler’s timeline, for decisively rejecting a particular piece of evidence for the claim that Lincoln continued to advocate deportation and colonization of free blacks after 1863, is ill-founded, because, while Butler could not have met with Lincoln at the time he claimed in his memoirs (published decades after the fact), he did meet privately with Lincoln not long after, and a little-known second account that Butler gave of his meeting with Lincoln helps clarify which parts of the anecdote are more trustworthy and which parts are less trustworthy. Magness says that the evidence leaves open the possibility that Butler is telling the truth, although encrusted with misremembering and possibly deliberate exaggeration. Unfortunately, the facts being what they are, the anecdote leaves many questions about Lincoln’s final views unanswered, and many questions that it may be impossible ever to answer. But it remains possible that Lincoln was still interested in, though apparently not actively working on, small-scale colonization schemes near the end of his life. Scholars who reject the possibility, and Butler’s testimony, out of hand need to reconsider their views, and Butler’s two accounts of the meeting deserve closer attention.

DiLorenzo would have us believe an entirely different claim — that this article decisively demonstrates that not that a particular piece of evidence should not be rejected out of hand, but rather that a particular conclusion on Lincoln’s views must be accepted, and that it decisively demonstrates not merely that it’s possible that Lincoln idly believed in colonization and patiently received and considered plans for small-scale projects while doing nothing to further them, but that he was actively pursuing colonization schemes up to the end of his life. None of these claims are anywhere to be found in the article.

There are already plenty of certain reasons to condemn Abraham Lincoln as a shameless opportunist, a dictatorial warlord, and, yes, a white supremacist and segregationist. There is no need to jump on any and every opportunity to manufacture new reasons, or to distort scholars’ claims so as to depict the case as being much stronger than the facts warrant, not to mention much stronger than the scholar in question ever claimed it to be. This mad-dog polemical style and partisan misrepresentation of arguments serve nobody.

Further reading:

• GT 2005-06-26: Lost Causes

Thanks to P.M. Lawrence @ LewRockwell.com (2008-03-10) for highlighting an interesting passage from an old book. Interesting to me, anyway, because of the way in which its aging rhetoric reveals what it once tried to conceal, and the way in which what it reveals lives on to this day, in the theory and practice behind countless privateering government development projects, both at home, and abroad. This is from Sonia E. Howe’s 1938 history of the French conquest and colonization of Madagascar, under the rule of political hit man Joseph Simon Gallieni.

There was the introduction of equitable taxation, so vital from the financial point of view; but also of such great political, moral and economic importance. It was the tangible proof of French authority having come to stay; it was the stimulus required to make an inherently lazy people work. Once they had learned to earn they would begin to spend, whereby commerce and industry would develop.

The corvée in its old form could not be continued, yet workmen were required both by the colonists, and by the Government for its vast schemes of public works.

No, they weren’t.

The General therefore passed a temporary law, in which taxation and labour were combined, to be modified according to country, the people, and their mentality. Thus, for instance, every male among the Hovas, from the age of sixteen to sixty, had either to pay twenty-five francs a year, or give fifty days of labour of nine hours a day, for which he was to be paid twenty centimes, a sum sufficient to feed him. Exempted from taxation and labour were soldiers, militia, Government clerks, and any Hova who knew French, also all who had entered into a contract of labour with a colonist. Unfortunately, this latter clause lent itself to tremendous abuses. By paying a small sum to some European, who nominally engaged them, thousands bought their freedom from work and taxation by these fictitious contracts, to be free to continue their lazy, unprofitable existence. To this abuse an end had to be made.

No, it didn’t.

The urgency of a sound fiscal system was of tremendous importance to carry out all the schemes for the welfare and development of the island, and this demanded a local budget.

No, it didn’t.

The goal to be kept in view was to make the colony, as soon as possible, self-supporting. This end the Governor-General succeeded in achieving within a few years.

No, he didn’t.

The Malagasy natives supported themselves well enough on Madagascar, through the sweat of their own brow, for centuries before ever a white man ever arrived. What the Governor-General succeeded in achieving within a few years was not to make Madagascar self-supporting, but rather to use a mixed system of robbery and involuntary servitude to coerce otherwise unwilling Malagasy workers into working more than they otherwise would, in return for less than they would otherwise get, so that a self-supporting population could be browbeaten and bullied into not only supporting themselves, but also supporting a parasitic new class of governors and land-grabbers in the style to which the kleptocrats had become accustomed.

Of course, it is typical enough for politicians and politically-connected businessmen with a vast scheme to call out armed men to seize taxes and force labor, on the excuse that something so big couldn’t ever be pulled off consensually, which amounts to nothing more than demonstrating that robbery and slavery are the necessary means to an unnecessary goal. But what’s especially interesting to me here is the classical colonialist rhetoric, to the effect that it must be the inherent laziness and moral turpitude of the Malagasy natives that made them more interested in living their own lives and freely pursuing their own projects and traditions, rather than happily turning over their wealth and their lives to the vast schemes of the Government and the enrichment of its sponsored privateers. If they dare to prefer working on their own stuff to working on white people’s stuff, then clearly it will take the cudgel to teach them some civilized manners.

For the colonial mindset, this kind of attitude was like oxygen is for us—pervasive, invisible, taken for granted, and absolutely essential. In 1938, a European historian writing about colonialism in Africa would think nothing of saying commonplaces like these, and if it is jarring to read now, it’s only because, in the intervening years, the most explicit statements of that mindset have been questioned, vigorously challenged, and cast down out of cultural favor in Europe and the U.S. But the mindset itself is not gone, and its legacy lives on in the new words that the new powers that be have crafted to conceal what these old words now reveal to us. This is true of the way that the ruling elite in the U.S. and the other Great Powers talk about their military and government-financing projects abroad; it’s also true of the way that the ruling elite in the U.S. and the other Great Powers talk about their government seizure and government financing projects at home—whether in the form of taxes, government-driven technology plans, or the seizure, bulldozing, transfer, and subsidized remaking of undeveloped land.