Chapter 108
Taxation: taxes, tolls, tithes and duties; who should bear them and how they are levied; their justice, burden and effects on wealth and liberty.
334 passages · 172 principal · Covers the 49 volumes of primary texts
Taxation covers everything a people pays to those who govern them, whether it is called a tax, a toll, a tithe, a duty or a tribute. It raises several questions at once. Who may lay a tax, and who must bear it? How should it be assessed and collected? What does it do to a nation’s wealth and to its liberty? The idea earns its place among these books because the question of what is owed to the public purse cuts across economics, constitutional law, religion and moral philosophy. Adam Smith gives a whole book of his inquiry to the expenses of the sovereign, the methods of contribution and the public debt1,2. Emerson finds in a tax the plainest case of one man’s will imposed upon another’s labour3. Burke goes further and declares that the revenue is the state itself4.
On the necessity of taxes there is little dispute. Washington tells his countrymen that debts cannot be paid without revenue, nor revenue raised without taxes. Every tax, he admits, will be inconvenient, and so citizens should accept the government’s choice of taxes rather than leave the burden to posterity5. Smith concludes that the state’s expense must finally be met by taxes. He explains that every tax falls at last on one of three funds, rent, profit or wages6,7, and since the annual produce of a country is the source of all of them, policy should aim to enlarge it8. Even the reformers do not imagine a state without revenue. Penn proposes that a nation’s superfluities be made a perpetual public fund, so that taxes on lawful things could cease and pride be taxed instead9,10. Mill uses bad taxes as an example of the errors governments make, and adds that such errors are no reason to forbid taxing altogether11. The ancients raise a question that is less about whether to tax than about how revenue should be used. Themistocles persuades Athens to build a fleet with its silver rather than divide it among the citizens12. Trajan allows a city to rebuild its bath only if no new tax is laid and no necessary revenue is diverted13.
Necessity does not make the burden welcome. Pascal’s Daniel describes the tyrant as a “raiser of taxes”14. Plutarch shows the triumvirs heaping every kind of imposition on Rome to fund their pleasures and their wars15. Machiavelli laments the exactions foreigners laid on Italy16, and Milton, as Bagehot reports him, condemns a magistracy that answered the demand for better laws with taxes levied yearly, monthly and weekly17. Burns hears poor men over their ale wondering what new tax is coming18. Against this whole tradition Smith offers a striking reversal. A poll-tax may have been called a badge of slavery, he says, but every tax is to the person who pays it a badge of liberty, because it shows that he is subject to government and yet has some property of his own19.
That reversal leads to the great modern controversy over consent. Winthrop counts among the liberties of freemen that no tax may be imposed on their persons or estates without their consent in the General Assembly20. The Instrument of Government likewise forbids any charge except by common consent in Parliament21. The editors of Milton recall that the men who took arms against Charles I refused his ship-money as illegal22, although Milton himself sets the liberty to know and argue above such immunities23. Dryden argues that government by consent suits an island, since absolute rulers might levy heavier taxes but would leave their people poor24. The American documents make the principle a cause of revolution. They insist that no tax may be laid without the consent of the colonists’ own representatives, and they call the Stamp Act both subversive of liberty and impossible to pay for want of specie25,26,27. Franklin believed his plan of union would have removed the very pretext for taxing America28. Emerson reads both ship-money and the American war as quarrels over property and taxation29, and in his parable of Laban and Jacob he concludes that those who pay for the defence of property should vote on its protection30. Burke turns the argument the other way. He mocks the French Assembly for making the payment of direct tax a qualification for voting, which contradicts its own doctrine of equal rights31, and he warns that a constitution founded on contribution depends wholly on how that contribution is apportioned32.
Once consent was secured, the next question was who held the taxing power. The Connecticut Orders place the power of levies in the General Court alone33. The Articles of Confederation leave it to the states to raise their shares of the common treasury34. The Constitution gives Congress the power to lay taxes, duties, imposts and excises, requires revenue bills to begin in the House, apportions direct taxes by census and forbids states to lay duties on imports without consent35,36,37,38. The Sixteenth Amendment later frees the income tax from apportionment39. Marshall, faced with Maryland’s tax on the national bank, treats taxation as a great substantive power of sovereignty40,41.
Where authority lapses, revenue goes with it. Plutarch notes that Italians were mutinous while Caesar’s war taxes were being levied and quiet once they had been paid42. Bacon lists taxes among the causes of sedition and their moderation among its remedies43,44. Hobbes observes that men aggrieved by public payments blame the collectors and then the government45. Burke describes Lyons refusing its taxes and the salt provinces throwing off the gabelle, until no lawful power remained to exact anything and the Assembly fell back on patriotic gifts, which he calls the feeble devices of a despotism46,47,48. Manzoni’s Milanese council pleads for its taxes to be suspended and receives evasion from the governor instead49.
On the principles of a just tax the texts agree to a remarkable degree. Plutarch praises Aristides for assessing the allies’ contributions according to each city’s ability and without corruption50. Franklin objects to a flat watch-fee that charged a poor widow as much as a rich merchant51. Voltaire admires England because nobles and priests there are not exempt, the Commons fix the taxes and the land-tax is proportioned to estates52. Smith states these intuitions as his maxims. A tax should be equal, in proportion to ability; it should be certain rather than arbitrary; it should be convenient to pay; and it should be economical, taking from the people as little as possible beyond what reaches the treasury53,54. Burke judges French finance by the same standard of equal assessment. He argues that Necker’s budget could have been balanced by an equal assessment on all orders55, and that letting districts choose what to withhold left the submissive bearing the whole burden56.
Moderation is the oldest of these principles. Confucius’s disciple advises a ruler facing dearth to take only a tithe, since the prince’s sufficiency depends on the people’s plenty57. Hybreas warns Antony that a second tribute would ruin Asia58. Machiavelli counsels thrift so that the prince need not lay hateful levies, and he wants subjects free of the fear of taxes that holds back enterprise59,60. Bacon notes that heavy imposts shrink trade and so defeat their own purpose, and that a people overladen with taxes cannot be martial61,62. Emerson makes the point a case of compensation, since a tax set too high yields nothing63. Burke adds a qualification: a due proportion between what is kept and what is paid enriches both people and state, so paying considerably may be better than paying nothing64,65.
Equality is most sharply tested by claims of exemption. Franklin’s autobiography records years of struggle against the Pennsylvania proprietors, who refused to allow any defence bill unless their estates were exempted. He condemns the meanness of the demand, and when the estates were finally taxed, the assessment was found to be perfectly equitable66,67,68,69,70. Ancient privilege appears in many forms: the Egyptian warriors’ untaxed land71, the Batavians reserved for war instead of tribute72, and Don Quixote’s comic claim that knights-errant owe neither subsidy nor toll73. Harrison observes that a purchased gentility costs the prince nothing, because the new gentleman still pays with the yeomen74. Burke denies that the French privileged orders were in fact untaxed75. Luther reads Christ’s payment of tribute as a free man’s voluntary submission for love’s sake76. Woolman reverses the problem. He and other Friends scruple to pay a tax laid for war and prefer to suffer the distraint of their goods, while their committees divide over the risk of seeming disloyal77,78,79,80.
Smith’s analysis of particular taxes takes his maxims into the question of incidence, that is, who finally pays. Herodotus already describes Sesostris abating his land-rent when the Nile carried a plot away81. Smith finds a fixed land-tax unequal over time but certain, cheap to collect and harmless to improvement82. Tithes and taxes on produce, by contrast, fall heaviest on poor land and discourage costly crops83,84. Ground-rents, which owe their value to the protection of government, are the fittest subjects of special taxation85. The window tax, however, oppresses the poor86. Stock is hard to tax because its amount is secret and it can flee, so such a tax demands vexatious inquisition. Only where citizens trust their magistrates, as at Hamburg, do they assess themselves honestly on oath87,88. Burns versifies his own sworn inventory for the surveyor89, while Stevenson’s Pepys means to assess himself honestly but remains an evader when no merchant will do the same90. Taxes on wages raise wages by more than the tax and damage industry91,92. Capitations are either arbitrary or unequal93, and transfer taxes eat into capital and press hardest on necessitous sellers94,95.
Indirect taxes divide the moralists from the economists less than one might expect. Smith argues that taxes on necessaries act like a barren soil: they raise wages and so fall finally on the rich. Taxes on the poor’s luxuries, such as tobacco, tea and spirits, act instead like sumptuary laws96,97,98,99. Burke holds that duties on consumption measure wealth better than direct contributions do100. Mill accepts that fiscal taxation is inevitable and mostly indirect, and he would tax harmful stimulants among the things consumers can best spare, while denying that taxing them merely to restrict them is legitimate101. Smith condemns the mercantile use of duties and bounties, which lay a double tax on the people102. He shows how high duties breed smuggling, which corrupts respect for law103,104, and he counts the vexation of excise visits as a real cost105. Burns sees the matter from both sides. He rails at the Excise “horse-leeches”106, laments his own appointment as a searcher of barrels107, and retorts that landlords, monarchs and priests are all gaugers too108. Tolls fare better with Smith, who calls them the most equitable charge when proportioned to the use of roads and canals109,110. Schiller’s Swiss, however, see a toll on every bridge as a sign of foreign mastery111, and Magna Charta, as Emerson quotes it, guards merchants against “evil toll”112.
The collector draws a hatred older than any economic theory. Luke’s Pharisees scorn the publicans with whom Jesus eats113. Confucius disowns a disciple who enriched the powerful as their tax-gatherer114. Aristophanes consigns the revenue men to Hades115, and Alcibiades outwits the farmers of the public revenue116. Smith gives the reason: tax farming is wasteful, it enriches the farmers, and it presses for bloody laws against evasion117,118.
War and debt alter the timing of the burden. Smith explains that new taxes yield too slowly for an emergency, so governments borrow. Because borrowing keeps the taxes light, people hardly feel the cost and do not tire of the war, and the taxes, once mortgaged to the debt, outlast the peace119,120,121. In the end such taxes may drive capital abroad122. Ruskin adds the moral charge that wars financed by capitalists’ loans are repaid by peoples who had no voice in them123. Mill traces the reform movement partly to taxation left by the French war124.
Tribute and tithe show the idea in its oldest forms. Tribute marks subjection, whether it is the Gothinians’ disgrace125, Machiavelli’s means of holding a free city126 or Milan’s ignoble stooping to Naples127. The question put to Jesus about tribute to Caesar, which he answers by rendering Caesar his due128, becomes a political charge before Pilate129. Ecclesiastical levies raise the same issues of justice. Luther denounces annates as a war levy turned permanent and demands that Germany be freed from papal taxes130,131. Harrison’s clergy complain that their tenths and subsidies weigh more heavily on them than lay taxes do on the laity132,133. Voltaire records Quakers persecuted for refusing tithes134. Against these complaints Herbert receives his tithes as God’s gift and passes a tenth of them to the poor135, and Luke’s Jesus warns that scrupulous tithing is no substitute for justice136.
The final question, which remains open, is what a system of taxes does to a people. Smith judges that France raised less revenue than Britain yet oppressed its people more, partly because Britain’s uniform taxes left inland trade free137,138. Spain’s tax on every sale, he says, ruined its manufactures139, and he warns that once the proper subjects of taxation are exhausted, improper ones follow, as they did in Holland140. Manzoni blames greedy taxes for leaving Milanese fields untilled141, and Rousseau sees imposts driving the husbandman from his land142. Emerson, however, sees Englishmen taxed “within an inch of their lives” and growing richer, and he concludes that a burden is to be judged by what it leaves rather than by what it takes143. Between Smith’s warning and Emerson’s optimism the books leave the measure of a tolerable burden undecided.
Introductory essay written by Claude Opus 5.5 from the outline and the notes on every passage below; quotations are checked against this edition.
See also: Wealth 13c · Government 8b
See also: Liberty 7f
See also: Government 7c · Constitution 6b · Law 9e · War and Peace 10d
See also: Justice 8b · Wealth 13a
See also: Wealth 13a
See also: Government 6b · War and Peace 8d
See also: Duty 5e · War and Peace 2d
See also: Wealth 13a · Government 8b · Justice 8b
See also: Wealth 13a · Justice 8b
See also: Wealth 13a
See also: Labor 6e · Wealth 13a
See also: Wealth 13a
See also: Labor 6e · Wealth 13a
See also: Wealth 12b · Government 8a
See also: Government 8b · Wealth 13a
See also: Wealth 13c
See also: Wealth 13b · War and Peace 9a · Government 8b
See also: Wealth 13e
See also: Government 8b · Wealth 13a
See also: Wealth, Government, Justice, Constitution, Law, Labor