The nation should pay taxes only in order to face up to public services.

Frédéric Bastiat
Complete Works, Volume 7, pages 114 to 118 (in French)
Mémorial bordelais, June 30th, 1846

The old Napoleonic penal code of 1810 entailed an article 291 in force until 1905 that limited the freedom of association. It was possible to request an authorisation to the minister and this is what the Free-Trade Association did. This letter addressed to the minister and published on June 30th, 1848 in the Mémorial bordelais expresses surprise at the possible refusal to come. Between the lines, my understanding is that it was then only rumours but it gave Frédéric Bastiat the opportunity to expose two major issues. The main issue is that to have to request such an approval is not worthy of a democracy – freedom of speech and freedom of association should be guaranteed by the State rather than authorised. Indeed, it is better to let dissensions express themselves in the search for truth rather than repress them. If truth is repressed, it will resurface anyway, potentially in a revolutionary form, while mistakes will reveal themselves anyway, even if they are officially accepted, hence their repression is not necessary. The other issue is that of the Rule of Law – it seems that article 291 had become obsolete and was not used at the time when Frédéric Bastiat is writing. When a legislation is not applied, it is better to repeal it than keep in on the statutes book and allow the government to apply it on a whim.

Today’s quote is not an essential part of this letter but an illustration of some arguments. I note it down because it reveals an essential position of the liberals who, unlike constructivists, do not believe that government should be all-powerful but must be limited in its attributions and responsibilities. To limit the amount of taxes to the financing of these attributions is the best way to ensure that it does not exceed its prerogatives.