I’d push back a bit on “the state is inevitable.” Elites are inevitable—people who coordinate resources, influence flows of trade, and maintain order in some sphere. But “the state” is a specific thing: a monopoly on law and enforcement backed by coercion, insulated from competition.
What you’re describing—someone controlling business flows—doesn’t have to be a state in the political sense. In a free order, those flows could be managed by competing firms, insurers, or defense agencies, all constrained by reputation and the ability of customers to walk away. The difference is between natural elites (earned influence, voluntary dealings) and political elites (imposed influence, involuntary dealings).
Black markets are just markets where the state says, “we forbid this”—but if the good or service is valued enough, people will find ways to trade. The question isn’t whether someone will facilitate the flow—it’s whether they do it under competitive discipline or with monopoly power.
As for “when do you accept it and when do you hang them?”—in a truly voluntary order, you don’t need gallows to keep elites in check; you need the freedom to exit their service. That’s the ultimate discipline. The moment you can’t walk away is the moment you’re no longer dealing with a market elite—you’re under a state, whether it flies a flag or not.