Joseph-Pierre Proudhon - What is Property? An Inquiry into the Principle of Right and of Government.txt 928 KB

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  1. The Project Gutenberg EBook of What is Property?, by P. J. Proudhon
  2. This eBook is for the use of anyone anywhere at no cost and with
  3. almost no restrictions whatsoever. You may copy it, give it away or
  4. re-use it under the terms of the Project Gutenberg License included
  5. with this eBook or online at www.gutenberg.org
  6. Title: What is Property?
  7. An Inquiry into the Principle of Right and of Government
  8. Author: P. J. Proudhon
  9. Posting Date: July 10, 2008 [EBook #360]
  10. Release Date: November, 1995
  11. Language: English
  12. *** START OF THIS PROJECT GUTENBERG EBOOK WHAT IS PROPERTY? ***
  13. Produced by Mike Lough
  14. WHAT IS PROPERTY?
  15. AN INQUIRY INTO THE PRINCIPLE OF RIGHT AND OF GOVERNMENT
  16. By P. J. Proudhon
  17. CONTENTS.
  18. P. J. PROUDHON: HIS LIFE AND HIS WORKS
  19. PREFACE
  20. FIRST MEMOIR
  21. CHAPTER I.
  22. METHOD PURSUED IN THIS WORK.--THE IDEA OF A REVOLUTION
  23. CHAPTER II.
  24. PROPERTY CONSIDERED AS A NATURAL RIGHT.--OCCUPATION AND CIVIL LAW
  25. AS EFFICIENT BASES OF PROPERTY.--DEFINITIONS
  26. % 1. Property as a Natural Right.
  27. % 2. Occupation as the Title to Property.
  28. % 3. Civil Law as the Foundation and Sanction of Property.
  29. CHAPTER III.
  30. LABOR AS THE EFFICIENT CAUSE OF THE DOMAIN OF PROPERTY
  31. % 1. The Land cannot be appropriated.
  32. % 2. Universal Consent no Justification of Property.
  33. % 3. Prescription gives no Title to Property.
  34. % 4. Labor.--That Labor has no Inherent Power to appropriate
  35. Natural Wealth.
  36. % 5. That Labor leads to Equality of Property.
  37. % 6. That in Society all Wages are Equal.
  38. % 7. That Inequality of Powers is the Necessary Condition of
  39. Equality of Fortunes.
  40. % 8. That, from the stand-point of Justice, Labor destroys
  41. Property.
  42. CHAPTER IV.
  43. THAT PROPERTY IS IMPOSSIBLE
  44. DEMONSTRATION. AXIOM.
  45. Property is the Right of Increase claimed by the Proprietor over
  46. any thing which he has stamped as his own.
  47. FIRST PROPOSITION.
  48. Property is Impossible, because it demands Something for Nothing.
  49. SECOND PROPOSITION.
  50. Property is Impossible, because, wherever it exists, Production
  51. costs more than it is worth.
  52. THIRD PROPOSITION.
  53. Property is Impossible, because, with a given Capital, Production
  54. is proportional to Labor, not to Property.
  55. FOURTH PROPOSITION.
  56. Property is Impossible, because it is Homicide.
  57. FIFTH PROPOSITION.
  58. Property is Impossible, because, if it exists, Society devours itself.
  59. Appendix to the Fifth Proposition.
  60. SIXTH PROPOSITION.
  61. Property is Impossible, because it is the Mother of Tyranny.
  62. SEVENTH PROPOSITION.
  63. Property is Impossible, because, in consuming its Receipts, it
  64. loses them; in hoarding them, it nullifies them; and, in
  65. using them as Capital, it turns them against Production.
  66. EIGHTH PROPOSITION.
  67. Property is Impossible, because its Power of Accumulation is
  68. infinite, and is exercised only over Finite Quantities.
  69. NINTH PROPOSITION
  70. Property is Impossible, because it is powerless against Property.
  71. TENTH PROPOSITION.
  72. Property is Impossible, because it is the Negation of Equality.
  73. CHAPTER V.
  74. PSYCHOLOGICAL EXPOSITION OF THE IDEA OF JUSTICE AND IN JUSTICE,
  75. AND A DETERMINATION OF THE PRINCIPLE OF GOVERNMENT AND OF RIGHT.
  76. PART 1.
  77. % 1. Of the Moral Sense in Man and the Animals.
  78. % 2. Of the First and Second Degrees of Sociability.
  79. % 3. Of the Third Degree of Sociability.
  80. PART I 1.
  81. % 1. Of the Causes of our Mistakes. The Origin of Property.
  82. % 2. Characteristics of Communism and of Property.
  83. % 3. Determination of the Third Form of Society. Conclusion.
  84. SECOND MEMOIR
  85. LETTER TO M. BLANQUI ON PROPERTY
  86. P. J. PROUDHON: HIS LIFE AND HIS WORKS.
  87. The correspondence [1] of P. J. Proudhon, the first volumes of which we
  88. publish to-day, has been collected since his death by the faithful
  89. and intelligent labors of his daughter, aided by a few friends. It was
  90. incomplete when submitted to Sainte Beuve, but the portion with which
  91. the illustrious academician became acquainted was sufficient to allow
  92. him to estimate it as a whole with that soundness of judgment which
  93. characterized him as a literary critic.
  94. He would, however, caution readers against accepting the biographer's
  95. interpretation of the author's views as in any sense authoritative;
  96. advising them, rather, to await the publication of the remainder
  97. of Proudhon's writings, that they may form an opinion for
  98. themselves.--Translator.
  99. In an important work, which his habitual readers certainly have not
  100. forgotten, although death did not allow him to finish it, Sainte Beuve
  101. thus judges the correspondence of the great publicist:--
  102. "The letters of Proudhon, even outside the circle of his particular
  103. friends, will always be of value; we can always learn something from
  104. them, and here is the proper place to determine the general character of
  105. his correspondence.
  106. "It has always been large, especially since he became so celebrated;
  107. and, to tell the truth, I am persuaded that, in the future, the
  108. correspondence of Proudhon will be his principal, vital work, and that
  109. most of his books will be only accessory to and corroborative of this.
  110. At any rate, his books can be well understood only by the aid of his
  111. letters and the continual explanations which he makes to those who
  112. consult him in their doubt, and request him to define more clearly his
  113. position.
  114. "There are, among celebrated people, many methods of correspondence.
  115. There are those to whom letter-writing is a bore, and who, assailed with
  116. questions and compliments, reply in the greatest haste, solely that the
  117. job may be over with, and who return politeness for politeness, mingling
  118. it with more or less wit. This kind of correspondence, though coming
  119. from celebrated people, is insignificant and unworthy of collection and
  120. classification.
  121. "After those who write letters in performance of a disagreeable duty,
  122. and almost side by side with them in point of insignificance, I should
  123. put those who write in a manner wholly external, wholly superficial,
  124. devoted only to flattery, lavishing praise like gold, without counting
  125. it; and those also who weigh every word, who reply formally and
  126. pompously, with a view to fine phrases and effects. They exchange words
  127. only, and choose them solely for their brilliancy and show. You think
  128. it is you, individually, to whom they speak; but they are addressing
  129. themselves in your person to the four corners of Europe. Such letters
  130. are empty, and teach as nothing but theatrical execution and the
  131. favorite pose of their writers.
  132. "I will not class among the latter the more prudent and sagacious
  133. authors who, when writing to individuals, keep one eye on posterity.
  134. We know that many who pursue this method have written long, finished,
  135. charming, flattering, and tolerably natural letters. Beranger furnishes
  136. us with the best example of this class.
  137. "Proudhon, however, is a man of entirely different nature and habits.
  138. In writing, he thinks of nothing but his idea and the person whom he
  139. addresses: ad rem et ad hominem. A man of conviction and doctrine, to
  140. write does not weary him; to be questioned does not annoy him. When
  141. approached, he cares only to know that your motive is not one of futile
  142. curiosity, but the love of truth; he assumes you to be serious, he
  143. replies, he examines your objections, sometimes verbally, sometimes
  144. in writing; for, as he remarks, 'if there be some points which
  145. correspondence can never settle, but which can be made clear by
  146. conversation in two minutes, at other times just the opposite is the
  147. case: an objection clearly stated in writing, a doubt well expressed,
  148. which elicits a direct and positive reply, helps things along more than
  149. ten hours of oral intercourse!' In writing to you he does not hesitate
  150. to treat the subject anew; he unfolds to you the foundation and
  151. superstructure of his thought: rarely does he confess himself
  152. defeated--it is not his way; he holds to his position, but admits the
  153. breaks, the variations, in short, the EVOLUTION of his mind. The history
  154. of his mind is in his letters; there it must be sought.
  155. "Proudhon, whoever addresses him, is always ready; he quits the page
  156. of the book on which he is at work to answer you with the same pen, and
  157. that without losing patience, without getting confused, without
  158. sparing or complaining of his ink; he is a public man, devoted to the
  159. propagation of his idea by all methods, and the best method, with him,
  160. is always the present one, the latest one. His very handwriting, bold,
  161. uniform, legible, even in the most tiresome passages, betrays no haste,
  162. no hurry to finish. Each line is accurate: nothing is left to chance;
  163. the punctuation, very correct and a little emphatic and decided,
  164. indicates with precision and delicate distinction all the links in the
  165. chain of his argument. He is devoted entirely to you, to his business
  166. and yours, while writing to you, and never to anything else. All the
  167. letters of his which I have seen are serious: not one is commonplace.
  168. "But at the same time he is not at all artistic or affected; he does
  169. not CONSTRUCT his letters, he does not revise them, he spends no time in
  170. reading them over; we have a first draught, excellent and clear, a jet
  171. from the fountain-head, but that is all. The new arguments, which he
  172. discovers in support of his ideas and which opposition suggests to
  173. him, are an agreeable surprise, and shed a light which we should vainly
  174. search for even in his works. His correspondence differs essentially
  175. from his books, in that it gives you no uneasiness; it places you in
  176. the very heart of the man, explains him to you, and leaves you with an
  177. impression of moral esteem and almost of intellectual security. We feel
  178. his sincerity. I know of no one to whom he can be more fitly compared in
  179. this respect than George Sand, whose correspondence is large, and at the
  180. same time full of sincerity. His role and his nature correspond. If
  181. he is writing to a young man who unbosoms himself to him in sceptical
  182. anxiety, to a young woman who asks him to decide delicate questions of
  183. conduct for her, his letter takes the form of a short moral essay, of a
  184. father-confessor's advice. Has he perchance attended the theatre (a
  185. rare thing for him) to witness one of Ponsart's comedies, or a drama of
  186. Charles Edmond's, he feels bound to give an account of his impressions
  187. to the friend to whom he is indebted for this pleasure, and his letter
  188. becomes a literary and philosophical criticism, full of sense, and like
  189. no other. His familiarity is suited to his correspondent; he affects no
  190. rudeness. The terms of civility or affection which he employs towards
  191. his correspondents are sober, measured, appropriate to each, and honest
  192. in their simplicity and cordiality. When he speaks of morals and the
  193. family, he seems at times like the patriarchs of the Bible. His command
  194. of language is complete, and he never fails to avail himself of it. Now
  195. and then a coarse word, a few personalities, too bitter and quite unjust
  196. or injurious, will have to be suppressed in printing; time, however, as
  197. it passes away, permits many things and renders them inoffensive. Am I
  198. right in saying that Proudhon's correspondence, always substantial, will
  199. one day be the most accessible and attractive portion of his works?"
  200. Almost the whole of Proudhon's real biography is included in his
  201. correspondence. Up to 1837, the date of the first letter which we have
  202. been able to collect, his life, narrated by Sainte Beuve, from whom we
  203. make numerous extracts, may be summed up in a few pages.
  204. Pierre Joseph Proudhon was born on the 15th of January, 1809, in
  205. a suburb of Besancon, called Mouillere. His father and mother were
  206. employed in the great brewery belonging to M. Renaud. His father, though
  207. a cousin of the jurist Proudhon, the celebrated professor in the faculty
  208. of Dijon, was a journeyman brewer. His mother, a genuine peasant, was a
  209. common servant. She was an orderly person of great good sense; and, as
  210. they who knew her say, a superior woman of HEROIC character,--to use the
  211. expression of the venerable M. Weiss, the librarian at Besancon. She
  212. it was especially that Proudhon resembled: she and his grandfather
  213. Tournesi, the soldier peasant of whom his mother told him, and whose
  214. courageous deeds he has described in his work on "Justice." Proudhon,
  215. who always felt a great veneration for his mother Catharine, gave
  216. her name to the elder of his daughters. In 1814, when Besancon was
  217. blockaded, Mouillere, which stood in front of the walls of the town, was
  218. destroyed in the defence of the place; and Proudhon's father established
  219. a cooper's shop in a suburb of Battant, called Vignerons. Very honest,
  220. but simple-minded and short-sighted, this cooper, the father of five
  221. children, of whom Pierre Joseph was the eldest, passed his life in
  222. poverty. At eight years of age, Proudhon either made himself useful in
  223. the house, or tended the cattle out of doors. No one should fail to read
  224. that beautiful and precious page of his work on "Justice," in which he
  225. describes the rural sports which he enjoyed when a neatherd. At the age
  226. of twelve, he was a cellar-boy in an inn. This, however, did not prevent
  227. him from studying.
  228. His mother was greatly aided by M. Renaud, the former owner of the
  229. brewery, who had at that time retired from business, and was engaged in
  230. the education of his children.
  231. Proudhon entered school as a day-scholar in the sixth class. He was
  232. necessarily irregular in his attendance; domestic cares and restraints
  233. sometimes kept him from his classes. He succeeded nevertheless in his
  234. studies; he showed great perseverance. His family were so poor that they
  235. could not afford to furnish him with books; he was obliged to borrow
  236. them from his comrades, and copy the text of his lessons. He has himself
  237. told us that he was obliged to leave his wooden shoes outside the door,
  238. that he might not disturb the classes with his noise; and that, having
  239. no hat, he went to school bareheaded. One day, towards the close of his
  240. studies, on returning from the distribution of the prizes, loaded with
  241. crowns, he found nothing to eat in the house.
  242. "In his eagerness for labor and his thirst for knowledge, Proudhon,"
  243. says Sainte Beuve, "was not content with the instruction of his
  244. teachers. From his twelfth to his fourteenth year, he was a constant
  245. frequenter of the town library. One curiosity led to another, and he
  246. called for book after book, sometimes eight or ten at one sitting. The
  247. learned librarian, the friend and almost the brother of Charles Nodier,
  248. M. Weiss, approached him one day, and said, smiling, 'But, my little
  249. friend, what do you wish to do with all these books?' The child raised
  250. his head, eyed his questioner, and replied: 'What's that to you?' And
  251. the good M. Weiss remembers it to this day."
  252. Forced to earn his living, Proudhon could not continue his studies. He
  253. entered a printing-office in Besancon as a proof-reader. Becoming,
  254. soon after, a compositor, he made a tour of France in this capacity. At
  255. Toulon, where he found himself without money and without work, he had a
  256. scene with the mayor, which he describes in his work on "Justice."
  257. Sainte Beuve says that, after his tour of France, his service book being
  258. filled with good certificates, Proudhon was promoted to the position
  259. of foreman. But he does not tell us, for the reason that he had no
  260. knowledge of a letter written by Fallot, of which we never heard until
  261. six months since, that the printer at that time contemplated quitting
  262. his trade in order to become a teacher.
  263. Towards 1829, Fallot, who was a little older than Proudhon, and
  264. who, after having obtained the Suard pension in 1832, died in his
  265. twenty-ninth year, while filling the position of assistant librarian at
  266. the Institute, was charged, Protestant though he was, with the revisal
  267. of a "Life of the Saints," which was published at Besancon. The book was
  268. in Latin, and Fallot added some notes which also were in Latin.
  269. "But," says Sainte Beuve, "it happened that some errors escaped his
  270. attention, which Proudhon, then proof-reader in the printing office,
  271. did not fail to point out to him. Surprised at finding so good a Latin
  272. scholar in a workshop, he desired to make his acquaintance; and soon
  273. there sprung up between them a most earnest and intimate friendship: a
  274. friendship of the intellect and of the heart."
  275. Addressed to a printer between twenty-two and twenty-three years of age,
  276. and predicting in formal terms his future fame, Fallot's letter seems to
  277. us so interesting that we do not hesitate to reproduce it entire.
  278. "PARIS, December 5, 1831.
  279. "MY DEAR PROUDHON,--YOU have a right to be surprised at, and even
  280. dissatisfied with, my long delay in replying to your kind letter; I will
  281. tell you the cause of it. It became necessary to forward an account of
  282. your ideas to M. J. de Gray; to hear his objections, to reply to them,
  283. and to await his definitive response, which reached me but a short time
  284. ago; for M. J. is a sort of financial king, who takes no pains to be
  285. punctual in dealing with poor devils like ourselves. I, too, am careless
  286. in matters of business; I sometimes push my negligence even to disorder,
  287. and the metaphysical musings which continually occupy my mind, added to
  288. the amusements of Paris, render me the most incapable man in the world
  289. for conducting a negotiation with despatch.
  290. "I have M. Jobard's decision; here it is: In his judgment, you are
  291. too learned and clever for his children; he fears that you could not
  292. accommodate your mind and character to the childish notions common
  293. to their age and station. In short, he is what the world calls a good
  294. father; that is, he wants to spoil his children, and, in order to do
  295. this easily, he thinks fit to retain his present instructor, who is not
  296. very learned, but who takes part in their games and joyous sports with
  297. wonderful facility, who points out the letters of the alphabet to
  298. the little girl, who takes the little boys to mass, and who, no less
  299. obliging than the worthy Abbe P. of our acquaintance, would readily
  300. dance for Madame's amusement. Such a profession would not suit you, you
  301. who have a free, proud, and manly soul: you are refused; let us dismiss
  302. the matter from our minds. Perhaps another time my solicitude will be
  303. less unfortunate. I can only ask your pardon for having thought of thus
  304. disposing of you almost without consulting you. I find my excuse in the
  305. motives which guided me; I had in view your well-being and advancement
  306. in the ways of this world.
  307. "I see in your letter, my comrade, through its brilliant witticisms and
  308. beneath the frank and artless gayety with which you have sprinkled it,
  309. a tinge of sadness and despondency which pains me. You are unhappy, my
  310. friend: your present situation does not suit you; you cannot remain in
  311. it, it was not made for you, it is beneath you; you ought, by all
  312. means, to leave it, before its injurious influence begins to affect your
  313. faculties, and before you become settled, as they say, in the ways of
  314. your profession, were it possible that such a thing could ever happen,
  315. which I flatly deny. You are unhappy; you have not yet entered upon the
  316. path which Nature has marked out for you. But, faint-hearted soul, is
  317. that a cause for despondency? Ought you to feel discouraged? Struggle,
  318. morbleu, struggle persistently, and you will triumph. J. J. Rousseau
  319. groped about for forty years before his genius was revealed to him.
  320. You are not J. J Rousseau; but listen: I know not whether I should have
  321. divined the author of "Emile" when he was twenty years of age, supposing
  322. that I had been his contemporary, and had enjoyed the honor of his
  323. acquaintance. But I have known you, I have loved you, I have divined
  324. your future, if I may venture to say so; for the first time in my life,
  325. I am going to risk a prophecy. Keep this letter, read it again fifteen
  326. or twenty years hence, perhaps twenty-five, and if at that time the
  327. prediction which I am about to make has not been fulfilled, burn it as
  328. a piece of folly out of charity and respect for my memory. This is my
  329. prediction: you will be, Proudhon, in spite of yourself, inevitably,
  330. by the fact of your destiny, a writer, an author; you will be a
  331. philosopher; you will be one of the lights of the century, and your name
  332. will occupy a place in the annals of the nineteenth century, like those
  333. of Gassendi, Descartes, Malebranche, and Bacon in the seventeenth, and
  334. those of Diderot, Montesquieu, Helvetius. Locke, Hume, and Holbach in
  335. the eighteenth. Such will be your lot! Do now what you will, set type in
  336. a printing-office, bring up children, bury yourself in deep seclusion,
  337. seek obscure and lonely villages, it is all one to me; you cannot escape
  338. your destiny; you cannot divest yourself of your noblest feature, that
  339. active, strong, and inquiring mind, with which you are endowed; your
  340. place in the world has been appointed, and it cannot remain empty. Go
  341. where you please, I expect you in Paris, talking philosophy and the
  342. doctrines of Plato; you will have to come, whether you want to or not.
  343. I, who say this to you, must feel very sure of it in order to be willing
  344. to put it upon paper, since, without reward for my prophetic skill,--to
  345. which, I assure you, I make not the slightest claim,--I run the risk of
  346. passing for a hare-brained fellow, in case I prove to be mistaken: he
  347. plays a bold game who risks his good sense upon his cards, in return
  348. for the very trifling and insignificant merit of having divined a young
  349. man's future.
  350. "When I say that I expect you in Paris, I use only a proverbial phrase
  351. which you must not allow to mislead you as to my projects and plans.
  352. To reside in Paris is disagreeable to me, very much so; and when this
  353. fine-art fever which possesses me has left me, I shall abandon the place
  354. without regret to seek a more peaceful residence in a provincial town,
  355. provided always the town shall afford me the means of living, bread, a
  356. bed, books, rest, and solitude. How I miss, my good Proudhon, that dark,
  357. obscure, smoky chamber in which I dwelt in Besancon, and where we spent
  358. so many pleasant hours in the discussion of philosophy! Do you remember
  359. it? But that is now far away. Will that happy time ever return? Shall
  360. we one day meet again? Here my life is restless, uncertain, precarious,
  361. and, what is worse, indolent, illiterate, and vagrant. I do no work, I
  362. live in idleness, I ramble about; I do not read, I no longer study; my
  363. books are forsaken; now and then I glance over a few metaphysical works,
  364. and after a days walk through dirty, filthy, crowded streets. I lie
  365. down with empty head and tired body, to repeat the performance on the
  366. following day. What is the object of these walks, you will ask. I make
  367. visits, my friend; I hold interviews with stupid people. Then a fit of
  368. curiosity seizes me, the least inquisitive of beings: there are museums,
  369. libraries, assemblies, churches, palaces, gardens, and theatres to
  370. visit. I am fond of pictures, fond of music, fond of sculpture; all
  371. these are beautiful and good, but they cannot appease hunger, nor take
  372. the place of my pleasant readings of Bailly, Hume, and Tennemann, which
  373. I used to enjoy by my fireside when I was able to read.
  374. "But enough of complaints. Do not allow this letter to affect you too
  375. much, and do not think that I give way to dejection or despondency; no,
  376. I am a fatalist, and I believe in my star. I do not know yet what my
  377. calling is, nor for what branch of polite literature I am best fitted;
  378. I do not even know whether I am, or ever shall be, fitted for any: but
  379. what matters it? I suffer, I labor, I dream, I enjoy, I think; and, in a
  380. word, when my last hour strikes, I shall have lived.
  381. "Proudhon, I love you, I esteem you; and, believe me, these are not mere
  382. phrases. What interest could I have in flattering and praising a poor
  383. printer? Are you rich, that you may pay for courtiers? Have you a
  384. sumptuous table, a dashing wife, and gold to scatter, in order to
  385. attract them to your suite? Have you the glory, honors, credit, which
  386. would render your acquaintance pleasing to their vanity and pride? No;
  387. you are poor, obscure, abandoned; but, poor, obscure, and abandoned,
  388. you have a friend, and a friend who knows all the obligations which that
  389. word imposes upon honorable people, when they venture to assume it. That
  390. friend is myself: put me to the test.
  391. "GUSTAVE FALLOT."
  392. It appears from this letter that if, at this period, Proudhon had
  393. already exhibited to the eyes of a clairvoyant friend his genius for
  394. research and investigation, it was in the direction of philosophical,
  395. rather than of economical and social, questions.
  396. Having become foreman in the house of Gauthier & Co., who carried on
  397. a large printing establishment at Besancon, he corrected the proofs of
  398. ecclesiastical writers, the Fathers of the Church. As they were printing
  399. a Bible, a Vulgate, he was led to compare the Latin with the original
  400. Hebrew.
  401. "In this way," says Sainte Beuve, "he learned Hebrew by himself, and,
  402. as everything was connected in his mind, he was led to the study of
  403. comparative philology. As the house of Gauthier published many works
  404. on Church history and theology, he came also to acquire, through this
  405. desire of his to investigate everything, an extensive knowledge of
  406. theology, which afterwards caused misinformed persons to think that he
  407. had been in an ecclesiastical seminary."
  408. Towards 1836, Proudhon left the house of Gauthier, and, in company
  409. with an associate, established a small printing-office in Besancon. His
  410. contribution to the partnership consisted, not so much in capital, as
  411. in his knowledge of the trade. His partner committing suicide in 1838,
  412. Proudhon was obliged to wind up the business, an operation which he did
  413. not accomplish as quickly and as easily as he hoped. He was then urged
  414. by his friends to enter the ranks of the competitors for the Suard
  415. pension. This pension consisted of an income of fifteen hundred francs
  416. bequeathed to the Academy of Besancon by Madame Suard, the widow of the
  417. academician, to be given once in three years to the young man residing
  418. in the department of Doubs, a bachelor of letters or of science, and
  419. not possessing a fortune, whom the Academy of Besancon SHOULD DEEM BEST
  420. FITTED FOR A LITERARY OR SCIENTIFIC CAREER, OR FOR THE STUDY OF LAW
  421. OR OF MEDICINE. The first to win the Suard pension was Gustave Fallot.
  422. Mauvais, who was a distinguished astronomer in the Academy of Sciences,
  423. was the second. Proudhon aspired to be the third. To qualify himself, he
  424. had to be received as a bachelor of letters, and was obliged to write a
  425. letter to the Academy of Besancon. In a phrase of this letter, the terms
  426. of which he had to modify, though he absolutely refused to change
  427. its spirit, Proudhon expressed his firm resolve to labor for the
  428. amelioration of the condition of his brothers, the working-men.
  429. The only thing which he had then published was an "Essay on General
  430. Grammar," which appeared without the author's signature. While
  431. reprinting, at Besancon, the "Primitive Elements of Languages,
  432. Discovered by the Comparison of Hebrew roots with those of the Latin and
  433. French," by the Abbe Bergier, Proudhon had enlarged the edition of his
  434. "Essay on General Grammar."
  435. The date of the edition, 1837, proves that he did not at that time think
  436. of competing for the Suard pension. In this work, which continued and
  437. completed that of the Abbe Bergier, Proudhon adopted the same point
  438. of view, that of Moses and of Biblical tradition. Two years later, in
  439. February, 1839, being already in possession of the Suard pension, he
  440. addressed to the Institute, as a competitor for the Volney prize,
  441. a memoir entitled: "Studies in Grammatical Classification and the
  442. Derivation of some French words." It was his first work, revised and
  443. presented in another form. Four memoirs only were sent to the Institute,
  444. none of which gained the prize. Two honorable mentions were granted,
  445. one of them to memoir No. 4; that is, to P. J. Proudhon, printer at
  446. Besancon. The judges were MM. Amedde Jaubert, Reinaud, and Burnouf.
  447. "The committee," said the report presented at the annual meeting of the
  448. five academies on Thursday, May 2, 1839, "has paid especial attention to
  449. manuscripts No. 1 and No. 4. Still, it does not feel able to grant
  450. the prize to either of these works, because they do not appear to
  451. be sufficiently elaborated. The committee, which finds in No. 4 some
  452. ingenious analyses, particularly in regard to the mechanism of the
  453. Hebrew language, regrets that the author has resorted to hazardous
  454. conjectures, and has sometimes forgotten the special recommendation of
  455. the committee to pursue the experimental and comparative method."
  456. Proudhon remembered this. He attended the lectures of Eugene Burnouf,
  457. and, as soon as he became acquainted with the labors and discoveries of
  458. Bopp and his successors, he definitively abandoned an hypothesis which
  459. had been condemned by the Academy of Inscriptions and Belles-lettres.
  460. He then sold, for the value of the paper, the remaining copies of the
  461. "Essay" published by him in 1837. In 1850, they were still lying in a
  462. grocer's back-shop.
  463. A neighboring publisher then placed the edition on the market, with
  464. the attractive name of Proudhon upon it. A lawsuit ensued, in which
  465. the author was beaten. His enemies, and at that time there were many of
  466. them, would have been glad to have proved him a renegade and a recanter.
  467. Proudhon, in his work on "Justice," gives some interesting details of
  468. this lawsuit.
  469. In possession of the Suard pension, Proudhon took part in the contest
  470. proposed by the Academy of Besancon on the question of the utility
  471. of the celebration of Sunday. His memoir obtained honorable mention,
  472. together with a medal which was awarded him, in open session, on the
  473. 24th of August, 1839. The reporter of the committee, the Abbe Doney,
  474. since made Bishop of Montauban, called attention to the unquestionable
  475. superiority of his talent.
  476. "But," says Sainte Beuve, "he reproached him with having adopted
  477. dangerous theories, and with having touched upon questions of practical
  478. politics and social organization, where upright intentions and zeal for
  479. the public welfare cannot justify rash solutions."
  480. Was it policy, we mean prudence, which induced Proudhon to screen his
  481. ideas of equality behind the Mosaic law? Sainte Beuve, like many others,
  482. seems to think so. But we remember perfectly well that, having asked
  483. Proudhon, in August, 1848, if he did not consider himself indebted in
  484. some respects to his fellow-countryman, Charles Fourier, we received
  485. from him the following reply: "I have certainly read Fourier, and have
  486. spoken of him more than once in my works; but, upon the whole, I do not
  487. think that I owe anything to him. My real masters, those who have caused
  488. fertile ideas to spring up in my mind, are three in number: first, the
  489. Bible; next, Adam Smith; and last, Hegel."
  490. Freely confessed in the "Celebration of Sunday," the influence of the
  491. Bible on Proudhon is no less manifest in his first memoir on property.
  492. Proudhon undoubtedly brought to this work many ideas of his own; but
  493. is not the very foundation of ancient Jewish law to be found in its
  494. condemnation of usurious interest and its denial of the right of
  495. personal appropriation of land?
  496. The first memoir on property appeared in 1840, under the title, "What is
  497. Property? or an Inquiry into the Principle of Right and of Government."
  498. Proudhon dedicated it, in a letter which served as the preface, to the
  499. Academy of Besancon. The latter, finding itself brought to trial by its
  500. pensioner, took the affair to heart, and evoked it, says Sainte Beuve,
  501. with all possible haste.
  502. The pension narrowly escaped being immediately withdrawn from the bold
  503. defender of the principle of equality of conditions. M. Vivien, then
  504. Minister of Justice, who was earnestly solicited to prosecute the
  505. author, wished first to obtain the opinion of the economist, Blanqui, a
  506. member of the Academy of Moral and Political Sciences. Proudhon having
  507. presented to this academy a copy of his book, M. Blanqui was appointed
  508. to review it. This review, though it opposed Proudhon's views, shielded
  509. him. Treated as a savant by M. Blanqui, the author was not prosecuted.
  510. He was always grateful to MM. Blanqui and Vivien for their handsome
  511. conduct in the matter.
  512. M. Blanqui's review, which was partially reproduced by "Le Moniteur," on
  513. the 7th of September, 1840, naturally led Proudhon to address to him, in
  514. the form of a letter, his second memoir on property, which appeared
  515. in April, 1841. Proudhon had endeavored, in his first memoir, to
  516. demonstrate that the pursuit of equality of conditions is the true
  517. principle of right and of government. In the "Letter to M. Blanqui," he
  518. passes in review the numerous and varied methods by which this principle
  519. gradually becomes realized in all societies, especially in modern
  520. society.
  521. In 1842, a third memoir appeared, entitled, "A Notice to Proprietors, or
  522. a Letter to M. Victor Considerant, Editor of 'La Phalange,' in Reply
  523. to a Defence of Property." Here the influence of Adam Smith manifested
  524. itself, and was frankly admitted. Did not Adam Smith find, in the
  525. principle of equality, the first of all the laws which govern wages?
  526. There are other laws, undoubtedly; but Proudhon considers them all as
  527. springing from the principle of property, as he defined it in his first
  528. memoir. Thus, in humanity, there are two principles,--one which leads us
  529. to equality, another which separates us from it. By the former, we
  530. treat each other as associates; by the latter, as strangers, not to say
  531. enemies. This distinction, which is constantly met with throughout the
  532. three memoirs, contained already, in germ, the idea which gave birth to
  533. the "System of Economical Contradictions," which appeared in 1846, the
  534. idea of antinomy or contre-loi.
  535. The "Notice to Proprietors" was seized by the magistrates of Besancon;
  536. and Proudhon was summoned to appear before the assizes of Doubs within
  537. a week. He read his written defence to the jurors in person, and was
  538. acquitted. The jury, like M. Blanqui, viewed him only as a philosopher,
  539. an inquirer, a savant.
  540. In 1843, Proudhon published the "Creation of Order in Humanity," a
  541. large volume, which does not deal exclusively with questions of social
  542. economy. Religion, philosophy, method, certainty, logic, and dialectics
  543. are treated at considerable length.
  544. Released from his printing-office on the 1st of March of the same year,
  545. Proudhon had to look for a chance to earn his living. Messrs. Gauthier
  546. Bros., carriers by water between Mulhouse and Lyons, the eldest of whom
  547. was Proudhon's companion in childhood, conceived the happy thought
  548. of employing him, of utilizing his ability in their business, and in
  549. settling the numerous points of difficulty which daily arose. Besides
  550. the large number of accounts which his new duties required him to make
  551. out, and which retarded the publication of the "System of Economical
  552. Contradictions," until October, 1846, we ought to mention a work, which,
  553. before it appeared in pamphlet form, was published in the "Revue des
  554. Economistes,"--"Competition between Railroads and Navigable Ways."
  555. "Le Miserere, or the Repentance of a King," which he published in
  556. March, 1845, in the "Revue Independante," during that Lenten season when
  557. Lacordaire was preaching in Lyons, proves that, though devoting himself
  558. with ardor to the study of economical problems, Proudhon had not lost
  559. his interest in questions of religious history. Among his writings on
  560. these questions, which he was unfortunately obliged to leave unfinished,
  561. we may mention a nearly completed history of the early Christian
  562. heresies, and of the struggle of Christianity against Caesarism.
  563. We have said that, in 1848, Proudhon recognized three masters. Having
  564. no knowledge of the German language, he could not have read the works
  565. of Hegel, which at that time had not been translated into French. It
  566. was Charles Grun, a German, who had come to France to study the various
  567. philosophical and socialistic systems, who gave him the substance of the
  568. Hegelian ideas. During the winter of 1844-45, Charles Grun had some long
  569. conversations with Proudhon, which determined, very decisively, not the
  570. ideas, which belonged exclusively to the bisontin thinker, but the form
  571. of the important work on which he labored after 1843, and which was
  572. published in 1846 by Guillaumin.
  573. Hegel's great idea, which Proudhon appropriated, and which he
  574. demonstrates with wonderful ability in the "System of Economical
  575. Contradictions," is as follows: Antinomy, that is, the existence of two
  576. laws or tendencies which are opposed to each other, is possible,
  577. not only with two different things, but with one and the same thing.
  578. Considered in their thesis, that is, in the law or tendency which
  579. created them, all the economical categories are rational,--competition,
  580. monopoly, the balance of trade, and property, as well as the division
  581. of labor, machinery, taxation, and credit. But, like communism and
  582. population, all these categories are antinomical; all are opposed, not
  583. only to each other, but to themselves. All is opposition, and disorder
  584. is born of this system of opposition. Hence, the sub-title of the
  585. work,--"Philosophy of Misery." No category can be suppressed; the
  586. opposition, antinomy, or contre-tendance, which exists in each of them,
  587. cannot be suppressed.
  588. Where, then, lies the solution of the social problem? Influenced by the
  589. Hegelian ideas, Proudhon began to look for it in a superior synthesis,
  590. which should reconcile the thesis and antithesis. Afterwards, while at
  591. work upon his book on "Justice," he saw that the antinomical terms do
  592. not cancel each other, any more than the opposite poles of an electric
  593. pile destroy each other; that they are the procreative cause of motion,
  594. life, and progress; that the problem is to discover, not their fusion,
  595. which would be death, but their equilibrium,--an equilibrium for ever
  596. unstable, varying with the development of society.
  597. On the cover of the "System of Economical Contradictions," Proudhon
  598. announced, as soon to appear, his "Solution of the Social Problem." This
  599. work, upon which he was engaged when the Revolution of 1848 broke
  600. out, had to be cut up into pamphlets and newspaper articles. The two
  601. pamphlets, which he published in March, 1848, before he became editor
  602. of "Le Representant du Peuple," bear the same title,--"Solution of the
  603. Social Problem." The first, which is mainly a criticism of the early
  604. acts of the provisional government, is notable from the fact that in
  605. it Proudhon, in advance of all others, energetically opposed the
  606. establishment of national workshops. The second, "Organization of
  607. Credit and Circulation," sums up in a few pages his idea of economical
  608. progress: a gradual reduction of interest, profit, rent, taxes, and
  609. wages. All progress hitherto has been made in this manner; in this
  610. manner it must continue to be made. Those workingmen who favor a nominal
  611. increase of wages are, unconsciously following a back-track, opposed to
  612. all their interests.
  613. After having published in "Le Representant du Peuple," the statutes of
  614. the Bank of Exchange,--a bank which was to make no profits, since it
  615. was to have no stockholders, and which, consequently, was to discount
  616. commercial paper with out interest, charging only a commission
  617. sufficient to defray its running expenses,--Proudhon endeavored, in
  618. a number of articles, to explain its mechanism and necessity. These
  619. articles have been collected in one volume, under the double title,
  620. "Resume of the Social Question; Bank of Exchange." His other articles,
  621. those which up to December, 1848, were inspired by the progress of
  622. events, have been collected in another volume,--"Revolutionary Ideas."
  623. Almost unknown in March, 1848, and struck off in April from the list of
  624. candidates for the Constituent Assembly by the delegation of workingmen
  625. which sat at the Luxembourg, Proudhon had but a very small number of
  626. votes at the general elections of April. At the complementary elections,
  627. which were held in the early days of June, he was elected in Paris by
  628. seventy-seven thousand votes.
  629. After the fatal days of June, he published an article on le terme, which
  630. caused the first suspension of "Le Representant du Peuple." It was at
  631. that time that he introduced a bill into the Assembly, which, being
  632. referred to the Committee on the Finances, drew forth, first, the report
  633. of M. Thiers, and then the speech which Proudhon delivered, on the
  634. 31st of July, in reply to this report. "Le Representant du Peuple,"
  635. reappearing a few days later, he wrote, a propos of the law requiring
  636. journals to give bonds, his famous article on "The Malthusians" (August
  637. 10, 1848).
  638. Ten days afterwards, "Le Representant du Peuple," again suspended,
  639. definitively ceased to appear. "Le Peuple," of which he was the
  640. editor-in-chief, and the first number of which was issued in the early
  641. part of September, appeared weekly at first, for want of sufficient
  642. bonds; it afterwards appeared daily, with a double number once a week.
  643. Before "Le Peuple" had obtained its first bond, Proudhon published a
  644. remarkable pamphlet on the "Right to Labor,"--a right which he denied
  645. in the form in which it was then affirmed. It was during the same
  646. period that he proposed, at the Poissonniere banquet, his Toast to the
  647. Revolution.
  648. Proudhon, who had been asked to preside at the banquet, refused, and
  649. proposed in his stead, first, Ledru-Rollin, and then, in view of the
  650. reluctance of the organizers of the banquet, the illustrious president
  651. of the party of the Mountain, Lamennais. It was evidently his intention
  652. to induce the representatives of the Extreme Left to proclaim at last
  653. with him the Democratic and Social Republic. Lamennais being accepted by
  654. the organizers, the Mountain promised to be present at the banquet. The
  655. night before, all seemed right, when General Cavaignac replaced Minister
  656. Senart by Minister Dufaure-Vivien. The Mountain, questioning the
  657. government, proposed a vote of confidence in the old minister, and,
  658. tacitly, of want of confidence in the new. Proudhon abstained from
  659. voting on this proposition. The Mountain declared that it would not
  660. attend the banquet, if Proudhon was to be present. Five Montagnards,
  661. Mathieu of Drome at their head, went to the temporary office of "Le
  662. Peuple" to notify him of this. "Citizen Proudhon," said they to the
  663. organizers in his presence, "in abstaining from voting to-day on
  664. the proposition of the Mountain, has betrayed the Republican cause."
  665. Proudhon, vehemently questioned, began his defence by recalling, on
  666. the one hand, the treatment which he had received from the dismissed
  667. minister; and, on the other, the impartial conduct displayed towards him
  668. in 1840 by M. Vivien, the new minister. He then attacked the Mountain by
  669. telling its delegates that it sought only a pretext, and that really, in
  670. spite of its professions of Socialism in private conversation, whether
  671. with him or with the organizers of the banquet, it had not the courage
  672. to publicly declare itself Socialist.
  673. On the following day, in his Toast to the Revolution, a toast which
  674. was filled with allusions to the exciting scene of the night before,
  675. Proudhon commenced his struggle against the Mountain. His duel with
  676. Felix Pyat was one of the episodes of this struggle, which became less
  677. bitter on Proudhon's side after the Mountain finally decided to publicly
  678. proclaim the Democratic and Social Republic. The campaign for the
  679. election of a President of the Republic had just begun. Proudhon made
  680. a very sharp attack on the candidacy of Louis Bonaparte in a pamphlet
  681. which is regarded as one of his literary chefs-d'oeuvre: the "Pamphlet
  682. on the Presidency." An opponent of this institution, against which he
  683. had voted in the Constituent Assembly, he at first decided to take no
  684. part in the campaign. But soon seeing that he was thus increasing the
  685. chances of Louis Bonaparte, and that if, as was not at all probable, the
  686. latter should not obtain an absolute majority of the votes, the Assembly
  687. would not fail to elect General Cavaignac, he espoused, for the sake of
  688. form, the candidacy of Raspail, who was supported by his friends in
  689. the Socialist Committee. Charles Delescluze, the editor-in-chief of
  690. "La Revolution Democratique et Sociale," who could not forgive him for
  691. having preferred Raspail to Ledru-Rollin, the candidate of the Mountain,
  692. attacked him on the day after the election with a violence which
  693. overstepped all bounds. At first, Proudhon had the wisdom to refrain
  694. from answering him. At length, driven to an extremity, he became
  695. aggressive himself, and Delescluze sent him his seconds. This time,
  696. Proudhon positively refused to fight; he would not have fought with
  697. Felix Pyat, had not his courage been called in question.
  698. On the 25th of January, 1849, Proudhon, rising from a sick bed, saw
  699. that the existence of the Constituent Assembly was endangered by the
  700. coalition of the monarchical parties with Louis Bonaparte, who was
  701. already planning his coup d'Etat. He did not hesitate to openly attack
  702. the man who had just received five millions of votes. He wanted to break
  703. the idol; he succeeded only in getting prosecuted and condemned himself.
  704. The prosecution demanded against him was authorized by a majority of the
  705. Constituent Assembly, in spite of the speech which he delivered on that
  706. occasion. Declared guilty by the jury, he was sentenced, in March, 1849,
  707. to three years' imprisonment and the payment of a fine of ten thousand
  708. francs.
  709. Proudhon had not abandoned for a single moment his project of a Bank of
  710. Exchange, which was to operate without capital with a sufficient number
  711. of merchants and manufacturers for adherents. This bank, which he then
  712. called the Bank of the People, and around which he wished to gather the
  713. numerous working-people's associations which had been formed since
  714. the 24th of February, 1848, had already obtained a certain number of
  715. subscribers and adherents, the latter to the number of thirty-seven
  716. thousand. It was about to commence operations, when Proudhon's sentence
  717. forced him to choose between imprisonment and exile. He did not hesitate
  718. to abandon his project and return the money to the subscribers. He
  719. explained the motives which led him to this decision in an article in
  720. "Le Peuple."
  721. Having fled to Belgium, he remained there but a few days, going thence
  722. to Paris, under an assumed name, to conceal himself in a house in the
  723. Rue de Chabrol. From his hiding-place he sent articles almost every
  724. day, signed and unsigned, to "Le Peuple." In the evening, dressed in a
  725. blouse, he went to some secluded spot to take the air. Soon, emboldened
  726. by habit, he risked an evening promenade upon the Boulevards, and
  727. afterwards carried his imprudence so far as to take a stroll by daylight
  728. in the neighborhood of the Gare du Nord. It was not long before he was
  729. recognized by the police, who arrested him on the 6th of June, 1849, in
  730. the Rue du Faubourg-Poissonniere.
  731. Taken to the office of the prefect of police, then to Sainte-Pelagie,
  732. he was in the Conciergerie on the day of the 13th of June, 1849, which
  733. ended with the violent suppression of "Le Peuple." He then began to
  734. write the "Confessions of a Revolutionist," published towards the end
  735. of the year. He had been again transferred to Sainte-Pelagie, when he
  736. married, in December, 1849, Mlle. Euphrasie Piegard, a young working
  737. girl whose hand he had requested in 1847. Madame Proudhon bore him four
  738. daughters, of whom but two, Catherine and Stephanie, survived their
  739. father. Stephanie died in 1873.
  740. In October, 1849, "Le Peuple" was replaced by a new journal, "La Voix
  741. du Peuple," which Proudhon edited from his prison cell. In it were
  742. published his discussions with Pierre Leroux and Bastiat.
  743. The political articles which he sent to "La Voix du Peuple" so
  744. displeased the government finally, that it transferred him to Doullens,
  745. where he was secretly confined for some time. Afterwards taken back
  746. to Paris, to appear before the assizes of the Seine in reference to
  747. an article in "La Voix du Peuple," he was defended by M. Cremieux and
  748. acquitted. From the Conciergerie he went again to Sainte-Pelagie, where
  749. he ended his three years in prison on the 6th of June, 1852.
  750. "La Voix du Peuple," suppressed before the promulgation of the law of
  751. the 31st of May, had been replaced by a weekly sheet, "Le Peuple" of
  752. 1850. Established by the aid of the principal members of the Mountain,
  753. this journal soon met with the fate of its predecessors.
  754. In 1851, several months before the coup d'Etat, Proudhon published the
  755. "General Idea of the Revolution of the Nineteenth Century," in which,
  756. after having shown the logical series of unitary governments,--from
  757. monarchy, which is the first term, to the direct government of the
  758. people, which is the last,--he opposes the ideal of an-archy or
  759. self-government to the communistic or governmental ideal.
  760. At this period, the Socialist party, discouraged by the elections of
  761. 1849, which resulted in a greater conservative triumph than those of
  762. 1848, and justly angry with the national representative body which
  763. had just passed the law of the 31st of May, 1850, demanded direct
  764. legislation and direct government. Proudhon, who did not want, at any
  765. price, the plebiscitary system which he had good reason to regard as
  766. destructive of liberty, did not hesitate to point out, to those of his
  767. friends who expected every thing from direct legislation, one of the
  768. antinomies of universal suffrage. In so far as it is an institution
  769. intended to achieve, for the benefit of the greatest number, the social
  770. reforms to which landed suffrage is opposed, universal suffrage is
  771. powerless; especially if it pretends to legislate or govern directly.
  772. For, until the social reforms are accomplished, the greatest number is
  773. of necessity the least enlightened, and consequently the least capable
  774. of understanding and effecting reforms. In regard to the antinomy,
  775. pointed out by him, of liberty and government,--whether the latter be
  776. monarchic, aristocratic, or democratic in form,--Proudhon, whose chief
  777. desire was to preserve liberty, naturally sought the solution in the
  778. free contract. But though the free contract may be a practical solution
  779. of purely economical questions, it cannot be made use of in politics.
  780. Proudhon recognized this ten years later, when his beautiful study on
  781. "War and Peace" led him to find in the FEDERATIVE PRINCIPLE the exact
  782. equilibrium of liberty and government.
  783. "The Social Revolution Demonstrated by the Coup d' Etat" appeared in
  784. 1852, a few months after his release from prison. At that time, terror
  785. prevailed to such an extent that no one was willing to publish his
  786. book without express permission from the government. He succeeded in
  787. obtaining this permission by writing to Louis Bonaparte a letter which
  788. he published at the same time with the work. The latter being offered
  789. for sale, Proudhon was warned that he would not be allowed to publish
  790. any more books of the same character. At that time he entertained the
  791. idea of writing a universal history entitled "Chronos." This project was
  792. never fulfilled.
  793. Already the father of two children, and about to be presented with a
  794. third, Proudhon was obliged to devise some immediate means of gaining a
  795. living; he resumed his labors, and published, at first anonymously, the
  796. "Manual of a Speculator in the Stock-Exchange." Later, in 1857, after
  797. having completed the work, he did not hesitate to sign it, acknowledging
  798. in the preface his indebtedness to his collaborator, G. Duchene.
  799. Meantime, he vainly sought permission to establish a journal, or review.
  800. This permission was steadily refused him. The imperial government
  801. always suspected him after the publication of the "Social Revolution
  802. Demonstrated by the Coup d'Etat."
  803. Towards the end of 1853, Proudhon issued in Belgium a pamphlet entitled
  804. "The Philosophy of Progress." Entirely inoffensive as it was, this
  805. pamphlet, which he endeavored to send into France, was seized on the
  806. frontier. Proudhon's complaints were of no avail.
  807. The empire gave grants after grants to large companies. A financial
  808. society, having asked for the grant of a railroad in the east of France,
  809. employed Proudhon to write several memoirs in support of this demand.
  810. The grant was given to another company. The author was offered an
  811. indemnity as compensation, to be paid (as was customary in such cases)
  812. by the company which received the grant. It is needless to say that
  813. Proudhon would accept nothing. Then, wishing to explain to the public,
  814. as well as to the government, the end which he had in view, he
  815. published the work entitled "Reforms to be Effected in the Management of
  816. Railroads."
  817. Towards the end of 1854, Proudhon had already begun his book on
  818. "Justice," when he had a violent attack of cholera, from which he
  819. recovered with great difficulty. Ever afterwards his health was
  820. delicate.
  821. At last, on the 22d of April, 1858, he published, in three large
  822. volumes, the important work upon which he had labored since 1854. This
  823. work had two titles: the first, "Justice in the Revolution and in the
  824. Church;" the second, "New Principles of Practical Philosophy, addressed
  825. to His Highness Monseigneur Mathieu, Cardinal-Archbishop of Besancon."
  826. On the 27th of April, when there had scarcely been time to read the
  827. work, an order was issued by the magistrate for its seizure; on the
  828. 28th the seizure was effected. To this first act of the magistracy,
  829. the author of the incriminated book replied on the 11th of May in a
  830. strongly-motived petition, demanding a revision of the concordat of
  831. 1802; or, in other words, a new adjustment of the relations between
  832. Church and State. At bottom, this petition was but the logical
  833. consequence of the work itself. An edition of a thousand copies being
  834. published on the 17th of May, the "Petition to the Senate" was regarded
  835. by the public prosecutor as an aggravation of the offence or offences
  836. discovered in the body of the work to which it was an appendix, and was
  837. seized in its turn on the 23d. On the first of June, the author appealed
  838. to the Senate in a second "Petition," which was deposited with the
  839. first in the office of the Secretary of the Assembly, the guardian and
  840. guarantee, according to the constitution of 1852, of the principles
  841. of '89. On the 2d of June, the two processes being united, Proudhon
  842. appeared at the bar with his publisher, the printer of the book, and
  843. the printer of the petition, to receive the sentence of the police
  844. magistrate, which condemned him to three years' imprisonment, a fine of
  845. four thousand francs, and the suppression of his work. It is needless
  846. to say that the publisher and printers were also condemned by the sixth
  847. chamber.
  848. Proudhon lodged an appeal; he wrote a memoir which the law of 1819, in
  849. the absence of which he would have been liable to a new prosecution,
  850. gave him the power to publish previous to the hearing. Having decided
  851. to make use of the means which the law permitted, he urged in vain the
  852. printers who were prosecuted with him to lend him their aid. He then
  853. demanded of Attorney-General Chaix d'Est Ange a statement to the effect
  854. that the twenty-third article of the law of the 17th of May, 1819,
  855. allows a written defence, and that a printer runs no risk in printing
  856. it. The attorney-general flatly refused. Proudhon then started for
  857. Belgium, where he printed his defence, which could not, of course, cross
  858. the French frontier. This memoir is entitled to rank with the best of
  859. Beaumarchais's; it is entitled: "Justice prosecuted by the Church;
  860. An Appeal from the Sentence passed upon P. J. Proudhon by the Police
  861. Magistrate of the Seine, on the 2d of June, 1858." A very close
  862. discussion of the grounds of the judgment of the sixth chamber, it was
  863. at the same time an excellent resume of his great work.
  864. Once in Belgium, Proudhon did not fail to remain there. In 1859, after
  865. the general amnesty which followed the Italian war, he at first thought
  866. himself included in it. But the imperial government, consulted by his
  867. friends, notified him that, in its opinion, and in spite of the contrary
  868. advice of M. Faustin Helie, his condemnation was not of a political
  869. character. Proudhon, thus classed by the government with the authors
  870. of immoral works, thought it beneath his dignity to protest, and waited
  871. patiently for the advent of 1863 to allow him to return to France.
  872. In Belgium, where he was not slow in forming new friendships, he
  873. published in 1859-60, in separate parts, a new edition of his great work
  874. on "Justice." Each number contained, in addition to the original text
  875. carefully reviewed and corrected, numerous explanatory notes and some
  876. "Tidings of the Revolution." In these tidings, which form a sort of
  877. review of the progress of ideas in Europe, Proudhon sorrowfully
  878. asserts that, after having for a long time marched at the head of the
  879. progressive nations, France has become, without appearing to suspect it,
  880. the most retrogressive of nations; and he considers her more than once
  881. as seriously threatened with moral death.
  882. The Italian war led him to write a new work, which he published in 1861,
  883. entitled "War and Peace." This work, in which, running counter to
  884. a multitude of ideas accepted until then without examination, he
  885. pronounced for the first time against the restoration of an aristocratic
  886. and priestly Poland, and against the establishment of a unitary
  887. government in Italy, created for him a multitude of enemies. Most of
  888. his friends, disconcerted by his categorical affirmation of a right
  889. of force, notified him that they decidedly disapproved of his new
  890. publication. "You see," triumphantly cried those whom he had always
  891. combated, "this man is only a sophist."
  892. Led by his previous studies to test every thing by the question of
  893. right, Proudhon asks, in his "War and Peace," whether there is a real
  894. right of which war is the vindication, and victory the demonstration.
  895. This right, which he roughly calls the right of the strongest or the
  896. right of force, and which is, after all, only the right of the most
  897. worthy to the preference in certain definite cases, exists, says
  898. Proudhon, independently of war. It cannot be legitimately vindicated
  899. except where necessity clearly demands the subordination of one will to
  900. another, and within the limits in which it exists; that is, without ever
  901. involving the enslavement of one by the other. Among nations, the right
  902. of the majority, which is only a corollary of the right of force, is
  903. as unacceptable as universal monarchy. Hence, until equilibrium is
  904. established and recognized between States or national forces, there must
  905. be war. War, says Proudhon, is not always necessary to determine which
  906. side is the strongest; and he has no trouble in proving this by examples
  907. drawn from the family, the workshop, and elsewhere. Passing then to the
  908. study of war, he proves that it by no means corresponds in practice to
  909. that which it ought to be according to his theory of the right of force.
  910. The systematic horrors of war naturally lead him to seek a cause for
  911. it other than the vindication of this right; and then only does the
  912. economist take it upon himself to denounce this cause to those who, like
  913. himself, want peace. The necessity of finding abroad a compensation
  914. for the misery resulting in every nation from the absence of economical
  915. equilibrium, is, according to Proudhon, the ever real, though ever
  916. concealed, cause of war. The pages devoted to this demonstration and to
  917. his theory of poverty, which he clearly distinguishes from misery and
  918. pauperism, shed entirely new light upon the philosophy of history. As
  919. for the author's conclusion, it is a very simple one. Since the treaty
  920. of Westphalia, and especially since the treaties of 1815, equilibrium
  921. has been the international law of Europe. It remains now, not to destroy
  922. it, but, while maintaining it, to labor peacefully, in every nation
  923. protected by it, for the equilibrium of economical forces. The last line
  924. of the book, evidently written to check imperial ambition, is: "Humanity
  925. wants no more war."
  926. In 1861, after Garibaldi's expedition and the battle of Castelfidardo,
  927. Proudhon immediately saw that the establishment of Italian unity would
  928. be a severe blow to European equilibrium. It was chiefly in order to
  929. maintain this equilibrium that he pronounced so energetically in
  930. favor of Italian federation, even though it should be at first only
  931. a federation of monarchs. In vain was it objected that, in being
  932. established by France, Italian unity would break European equilibrium in
  933. our favor. Proudhon, appealing to history, showed that every State which
  934. breaks the equilibrium in its own favor only causes the other States to
  935. combine against it, and thereby diminishes its influence and power. He
  936. added that, nations being essentially selfish, Italy would not fail,
  937. when opportunity offered, to place her interest above her gratitude.
  938. To maintain European equilibrium by diminishing great States and
  939. multiplying small ones; to unite the latter in organized federations,
  940. not for attack, but for defence; and with these federations, which, if
  941. they were not republican already, would quickly become so, to hold in
  942. check the great military monarchies,--such, in the beginning of 1861,
  943. was the political programme of Proudhon.
  944. The object of the federations, he said, will be to guarantee, as far as
  945. possible, the beneficent reign of peace; and they will have the
  946. further effect of securing in every nation the triumph of liberty over
  947. despotism. Where the largest unitary State is, there liberty is in the
  948. greatest danger; further, if this State be democratic, despotism without
  949. the counterpoise of majorities is to be feared. With the federation, it
  950. is not so. The universal suffrage of the federal State is checked by the
  951. universal suffrage of the federated States; and the latter is offset in
  952. its turn by PROPERTY, the stronghold of liberty, which it tends, not to
  953. destroy, but to balance with the institutions of MUTUALISM.
  954. All these ideas, and many others which were only hinted at in his
  955. work on "War and Peace," were developed by Proudhon in his subsequent
  956. publications, one of which has for its motto, "Reforms always, Utopias
  957. never." The thinker had evidently finished his evolution.
  958. The Council of State of the canton of Vaud having offered prizes for
  959. essays on the question of taxation, previously discussed at a congress
  960. held at Lausanne, Proudhon entered the ranks and carried off the first
  961. prize. His memoir was published in 1861 under the title of "The Theory
  962. of Taxation."
  963. About the same time, he wrote at Brussels, in "L'Office de Publicite,"
  964. some remarkable articles on the question of literary property, which
  965. was discussed at a congress held in Belgium, These articles must not be
  966. confounded with "Literary Majorats," a more complete work on the same
  967. subject, which was published in 1863, soon after his return to France.
  968. Arbitrarily excepted from the amnesty in 1859, Proudhon was pardoned two
  969. years later by a special act. He did not wish to take advantage of this
  970. favor, and seemed resolved to remain in Belgium until the 2d of June,
  971. 1863, the time when he was to acquire the privilege of prescription,
  972. when an absurd and ridiculous riot, excited in Brussels by an article
  973. published by him on federation and unity in Italy, induced him to hasten
  974. his return to France. Stones were thrown against the house in which
  975. he lived, in the Faubourg d'Ixelles. After having placed his wife and
  976. daughters in safety among his friends at Brussels, he arrived in Paris
  977. in September, 1862, and published there, "Federation and Italian Unity,"
  978. a pamphlet which naturally commences with the article which served as a
  979. pretext for the rioters in Brussels.
  980. Among the works begun by Proudhon while in Belgium, which death did not
  981. allow him to finish, we ought to mention a "History of Poland," which
  982. will be published later; and, "The Theory of Property," which appeared
  983. in 1865, before "The Gospels Annotated," and after the volume entitled
  984. "The Principle of Art and its Social Destiny."
  985. The publications of Proudhon, in 1863, were: 1. "Literary Majorats: An
  986. Examination of a Bill having for its object the Creation of a Perpetual
  987. Monopoly for the Benefit of Authors, Inventors, and Artists;" 2.
  988. "The Federative Principle and the Necessity of Re-establishing the
  989. Revolutionary party;" 3. "The Sworn Democrats and the Refractories;" 4.
  990. "Whether the Treaties of 1815 have ceased to exist? Acts of the Future
  991. Congress."
  992. The disease which was destined to kill him grew worse and worse; but
  993. Proudhon labored constantly!... A series of articles, published in 1864
  994. in "Le Messager de Paris," have been collected in a pamphlet under the
  995. title of "New Observations on Italian Unity." He hoped to publish
  996. during the same year his work on "The Political Capacity of the Working
  997. Classes," but was unable to write the last chapter.... He grew weaker
  998. continually. His doctor prescribed rest. In the month of August he went
  999. to Franche-Comte, where he spent a month. Having returned to Paris,
  1000. he resumed his labor with difficulty.... From the month of December
  1001. onwards, the heart disease made rapid progress; the oppression became
  1002. insupportable, his legs were swollen, and he could not sleep....
  1003. On the 19th of January, 1865, he died, towards two o'clock in the
  1004. morning, in the arms of his wife, his sister-in-law, and the friend who
  1005. writes these lines....
  1006. The publication of his correspondence, to which his daughter Catherine
  1007. is faithfully devoted, will tend, no doubt, to increase his reputation
  1008. as a thinker, as a writer, and as an honest man.
  1009. J. A. LANGLOIS.
  1010. PREFACE.
  1011. The following letter served as a preface to the first edition of this
  1012. memoir:--
  1013. "To the Members of the Academy of Besancon
  1014. "PARIS, June 30, 1840.
  1015. "GENTLEMEN,--In the course of your debate of the 9th of May, 1833,
  1016. in regard to the triennial pension established by Madame Suard, you
  1017. expressed the following wish:--
  1018. "'The Academy requests the titulary to present it annually, during the
  1019. first fortnight in July, with a succinct and logical statement of the
  1020. various studies which he has pursued during the year which has just
  1021. expired.'
  1022. "I now propose, gentlemen, to discharge this duty.
  1023. "When I solicited your votes, I boldly avowed my intention to bend my
  1024. efforts to the discovery of some means of AMELIORATING THE PHYSICAL,
  1025. MORAL, AND INTELLECTUAL CONDITION OF THE MERE NUMEROUS AND POORER
  1026. CLASSES. This idea, foreign as it may have seemed to the object of my
  1027. candidacy, you received favorably; and, by the precious distinction with
  1028. which it has been your pleasure to honor me, you changed this formal
  1029. offer into an inviolable and sacred obligation. Thenceforth I understood
  1030. with how worthy and honorable a society I had to deal: my regard for
  1031. its enlightenment, my recognition of its benefits, my enthusiasm for its
  1032. glory, were unbounded.
  1033. "Convinced at once that, in order to break loose from the beaten paths
  1034. of opinions and systems, it was necessary to proceed in my study of man
  1035. and society by scientific methods, and in a rigorous manner, I devoted
  1036. one year to philology and grammar; linguistics, or the natural history
  1037. of speech, being, of all the sciences, that which was best suited to
  1038. the character of my mind, seemed to bear the closest relation to the
  1039. researches which I was about to commence. A treatise, written at
  1040. this period upon one of the most interesting questions of comparative
  1041. grammar,[2] if it did not reveal the astonishing success, at least bore
  1042. witness to the thoroughness, of my labors.
  1043. "Since that time, metaphysics and moral science have been my only
  1044. studies; my perception of the fact that these sciences, though badly
  1045. defined as to their object and not confined to their sphere, are, like
  1046. the natural sciences, susceptible of demonstration and certainty, has
  1047. already rewarded my efforts.
  1048. "But, gentlemen, of all the masters whom I have followed, to none do
  1049. I owe so much as to you. Your co-operation, your programmes, your
  1050. instructions, in agreement with my secret wishes and most cherished
  1051. hopes, have at no time failed to enlighten me and to point out my road;
  1052. this memoir on property is the child of your thought.
  1053. "In 1838, the Academy of Besancon proposed the following question:
  1054. TO WHAT CAUSES MUST WE ATTRIBUTE THE CONTINUALLY INCREASING NUMBER OF
  1055. SUICIDES, AND WHAT ARE THE PROPER MEANS FOR ARRESTING THE EFFECTS OF
  1056. THIS MORAL CONTAGION?
  1057. "Thereby it asked, in less general terms, what was the cause of the
  1058. social evil, and what was its remedy? You admitted that yourselves,
  1059. gentlemen when your committee reported that the competitors had
  1060. enumerated with exactness the immediate and particular causes of
  1061. suicide, as well as the means of preventing each of them; but that
  1062. from this enumeration, chronicled with more or less skill, no positive
  1063. information had been gained, either as to the primary cause of the evil,
  1064. or as to its remedy.
  1065. "In 1839, your programme, always original and varied in its academical
  1066. expression, became more exact. The investigations of 1838 had pointed
  1067. out, as the causes or rather as the symptoms of the social malady,
  1068. the neglect of the principles of religion and morality, the desire for
  1069. wealth, the passion for enjoyment, and political disturbances. All these
  1070. data were embodied by you in a single proposition: _THE UTILITY OF THE
  1071. CELEBRATION OF SUNDAY AS REGARDS HYGIENE, MORALITY, AND SOCIAL AND
  1072. POLITICAL RELATION_.
  1073. "In a Christian tongue you asked, gentlemen, what was the true system
  1074. of society. A competitor [3] dared to maintain, and believed that he
  1075. had proved, that the institution of a day of rest at weekly intervals
  1076. is inseparably bound up with a political system based on the equality of
  1077. conditions; that without equality this institution is an anomaly and
  1078. an impossibility: that equality alone can revive this ancient and
  1079. mysterious keeping of the seventh day. This argument did not meet with
  1080. your approbation, since, without denying the relation pointed out by
  1081. the competitor, you judged, and rightly gentlemen, that the principle of
  1082. equality of conditions not being demonstrated, the ideas of the author
  1083. were nothing more than hypotheses.
  1084. "Finally, gentlemen, this fundamental principle of equality you
  1085. presented for competition in the following terms: THE ECONOMICAL AND
  1086. MORAL CONSEQUENCES IN FRANCE UP TO THE PRESENT TIME, AND THOSE WHICH
  1087. SEEM LIKELY TO APPEAR IN FUTURE, OF THE LAW CONCERNING THE EQUAL
  1088. DIVISION OF HEREDITARY PROPERTY BETWEEN THE CHILDREN.
  1089. "Instead of confining one to common places without breadth or
  1090. significance, it seems to me that your question should be developed as
  1091. follows:--
  1092. "If the law has been able to render the right of heredity common to
  1093. all the children of one father, can it not render it equal for all his
  1094. grandchildren and great-grandchildren?
  1095. "If the law no longer heeds the age of any member of the family, can
  1096. it not, by the right of heredity, cease to heed it in the race, in the
  1097. tribe, in the nation?
  1098. "Can equality, by the right of succession, be preserved between
  1099. citizens, as well as between cousins and brothers? In a word, can the
  1100. principle of succession become a principle of equality?
  1101. "To sum up all these ideas in one inclusive question: What is the
  1102. principle of heredity? What are the foundations of inequality? What is
  1103. property?
  1104. "Such, gentlemen, is the object of the memoir that I offer you to day.
  1105. "If I have rightly grasped the object of your thought; if I succeed in
  1106. bringing to light a truth which is indisputable, but, from causes
  1107. which I am bold enough to claim to have explained, has always been
  1108. misunderstood; if by an infallible method of investigation, I establish
  1109. the dogma of equality of conditions; if I determine the principle
  1110. of civil law, the essence of justice, and the form of society; if I
  1111. annihilate property forever,--to you, gentlemen, will redound all the
  1112. glory, for it is to your aid and your inspiration that I owe it.
  1113. "My purpose in this work is the application of method to the problems of
  1114. philosophy; every other intention is foreign to and even abusive of it.
  1115. "I have spoken lightly of jurisprudence: I had the right; but I should
  1116. be unjust did I not distinguish between this pretended science and
  1117. the men who practise it. Devoted to studies both laborious and severe,
  1118. entitled in all respects to the esteem of their fellow-citizens by their
  1119. knowledge and eloquence our legists deserve but one reproach, that of an
  1120. excessive deference to arbitrary laws.
  1121. "I have been pitiless in my criticism of the economists: for them
  1122. I confess that, in general, I have no liking. The arrogance and
  1123. the emptiness of their writings, their impertinent pride and their
  1124. unwarranted blunders, have disgusted me. Whoever, knowing them, pardons
  1125. them, may read them.
  1126. "I have severely blamed the learned Christian Church: it was my duty.
  1127. This blame results from the facts which I call attention to: why has
  1128. the Church decreed concerning things which it does not understand? The
  1129. Church has erred in dogma and in morals; physics and mathematics
  1130. testify against her. It may be wrong for me to say it, but surely it
  1131. is unfortunate for Christianity that it is true. To restore religion,
  1132. gentlemen, it is necessary to condemn the Church.
  1133. "Perhaps you will regret, gentlemen, that, in giving all my attention to
  1134. method and evidence, I have too much neglected form and style: in vain
  1135. should I have tried to do better. Literary hope and faith I have none.
  1136. The nineteenth century is, in my eyes, a genesic era, in which new
  1137. principles are elaborated, but in which nothing that is written shall
  1138. endure. That is the reason, in my opinion, why, among so many men of
  1139. talent, France to-day counts not one great writer. In a society like
  1140. ours, to seek for literary glory seems to me an anachronism. Of what
  1141. use is it to invoke an ancient sibyl when a muse is on the eve of birth?
  1142. Pitiable actors in a tragedy nearing its end, that which it behooves us
  1143. to do is to precipitate the catastrophe. The most deserving among us
  1144. is he who plays best this part. Well, I no longer aspire to this sad
  1145. success!
  1146. "Why should I not confess it, gentlemen? I have aspired to your
  1147. suffrages and sought the title of your pensioner, hating all which
  1148. exists and full of projects for its destruction; I shall finish this
  1149. investigation in a spirit of calm and philosophical resignation. I have
  1150. derived more peace from the knowledge of the truth, than anger from the
  1151. feeling of oppression; and the most precious fruit that I could wish to
  1152. gather from this memoir would be the inspiration of my readers with that
  1153. tranquillity of soul which arises from the clear perception of evil and
  1154. its cause, and which is much more powerful than passion and enthusiasm.
  1155. My hatred of privilege and human authority was unbounded; perhaps at
  1156. times I have been guilty, in my indignation, of confounding persons and
  1157. things; at present I can only despise and complain; to cease to hate I
  1158. only needed to know.
  1159. "It is for you now, gentlemen, whose mission and character are the
  1160. proclamation of the truth, it is for you to instruct the people, and to
  1161. tell them for what they ought to hope and what they ought to fear. The
  1162. people, incapable as yet of sound judgment as to what is best for them,
  1163. applaud indiscriminately the most opposite ideas, provided that in them
  1164. they get a taste of flattery: to them the laws of thought are like the
  1165. confines of the possible; to-day they can no more distinguish between a
  1166. savant and a sophist, than formerly they could tell a physician from
  1167. a sorcerer. 'Inconsiderately accepting, gathering together, and
  1168. accumulating everything that is new, regarding all reports as true and
  1169. indubitable, at the breath or ring of novelty they assemble like bees at
  1170. the sound of a basin.' [4]
  1171. "May you, gentlemen, desire equality as I myself desire it; may you,
  1172. for the eternal happiness of our country, become its propagators and its
  1173. heralds; may I be the last of your pensioners! Of all the wishes that
  1174. I can frame, that, gentlemen, is the most worthy of you and the most
  1175. honorable for me.
  1176. "I am, with the profoundest respect and the most earnest gratitude,
  1177. "Your pensioner,
  1178. "P. J. PROUDHON."
  1179. Two months after the receipt of this letter, the Academy, in its debate
  1180. of August 24th, replied to the address of its pensioner by a note, the
  1181. text of which I give below:--
  1182. "A member calls the attention of the Academy to a pamphlet, published
  1183. last June by the titulary of the Suard pension, entitled, "What is
  1184. property?" and dedicated by the author to the Academy. He is of the
  1185. opinion that the society owes it to justice, to example, and to its
  1186. own dignity, to publicly disavow all responsibility for the anti-social
  1187. doctrines contained in this publication. In consequence he demands:
  1188. "1. That the Academy disavow and condemn, in the most formal manner,
  1189. the work of the Suard pensioner, as having been published without its
  1190. assent, and as attributing to it opinions diametrically opposed to the
  1191. principles of each of its members;
  1192. "2. That the pensioner be charged, in case he should publish a second
  1193. edition of his book, to omit the dedication;
  1194. "3. That this judgment of the Academy be placed upon the records.
  1195. "These three propositions, put to vote, are adopted."
  1196. After this ludicrous decree, which its authors thought to render
  1197. powerful by giving it the form of a contradiction, I can only beg the
  1198. reader not to measure the intelligence of my compatriots by that of our
  1199. Academy.
  1200. While my patrons in the social and political sciences were fulminating
  1201. anathemas against my brochure, a man, who was a stranger to
  1202. Franche-Comte, who did not know me, who might even have regarded himself
  1203. as personally attacked by the too sharp judgment which I had passed upon
  1204. the economists, a publicist as learned as he was modest, loved by the
  1205. people whose sorrows he felt, honored by the power which he sought to
  1206. enlighten without flattering or disgracing it, M. Blanqui--member of the
  1207. Institute, professor of political economy, defender of property--took up
  1208. my defence before his associates and before the ministry, and saved me
  1209. from the blows of a justice which is always blind, because it is always
  1210. ignorant.
  1211. It seems to me that the reader will peruse with pleasure the letter
  1212. which M. Blanqui did me the honor to write to me upon the publication
  1213. of my second memoir, a letter as honorable to its author as it is
  1214. flattering to him to whom it is addressed.
  1215. "PARIS, May 1, 1841.
  1216. "MONSIEUR,--I hasten to thank you for forwarding to me your second
  1217. memoir upon property. I have read it with all the interest that an
  1218. acquaintance with the first would naturally inspire. I am very glad that
  1219. you have modified somewhat the rudeness of form which gave to a work
  1220. of such gravity the manner and appearance of a pamphlet; for you quite
  1221. frightened me, sir, and your talent was needed to reassure me in regard
  1222. to your intentions. One does not expend so much real knowledge with
  1223. the purpose of inflaming his country. This proposition, now coming into
  1224. notice--PROPERTY IS ROBBERY!--was of a nature to repel from your book
  1225. even those serious minds who do not judge by appearances, had you
  1226. persisted in maintaining it in its rude simplicity. But if you have
  1227. softened the form, you are none the less faithful to the ground-work
  1228. of your doctrines; and although you have done me the honor to give me a
  1229. share in this perilous teaching, I cannot accept a partnership which,
  1230. as far as talent goes, would surely be a credit to me, but which would
  1231. compromise me in all other respects.
  1232. "I agree with you in one thing only; namely, that all kinds of property
  1233. get too frequently abused in this world. But I do not reason from the
  1234. abuse to the abolition,--an heroic remedy too much like death, which
  1235. cures all evils. I will go farther: I will confess that, of all abuses,
  1236. the most hateful to me are those of property; but once more, there is
  1237. a remedy for this evil without violating it, all the more without
  1238. destroying it. If the present laws allow abuse, we can reconstruct them.
  1239. Our civil code is not the Koran; it is not wrong to examine it. Change,
  1240. then, the laws which govern the use of property, but be sparing of
  1241. anathemas; for, logically, where is the honest man whose hands are
  1242. entirely clean? Do you think that one can be a robber without knowing
  1243. it, without wishing it, without suspecting it? Do you not admit that
  1244. society in its present state, like every man, has in its constitution
  1245. all kinds of virtues and vices inherited from our ancestors? Is
  1246. property, then, in your eyes a thing so simple and so abstract that you
  1247. can re-knead and equalize it, if I may so speak, in your metaphysical
  1248. mill? One who has said as many excellent and practical things as occur
  1249. in these two beautiful and paradoxical improvisations of yours cannot
  1250. be a pure and unwavering utopist. You are too well acquainted with the
  1251. economical and academical phraseology to play with the hard words
  1252. of revolutions. I believe, then, that you have handled property as
  1253. Rousseau, eighty years ago, handled letters, with a magnificent and
  1254. poetical display of wit and knowledge. Such, at least, is my opinion.
  1255. "That is what I said to the Institute at the time when I presented my
  1256. report upon your book. I knew that they wished to proceed against you in
  1257. the courts; you perhaps do not know by how narrow a chance I succeeded
  1258. in preventing them. [5] What chagrin I should always have felt, if
  1259. the king's counsel, that is to say, the intellectual executioner, had
  1260. followed in my very tracks to attack your book and annoy your person! I
  1261. actually passed two terrible nights, and I succeeded in restraining
  1262. the secular arm only by showing that your book was an academical
  1263. dissertation, and not the manifesto of an incendiary. Your style is too
  1264. lofty ever to be of service to the madmen who in discussing the gravest
  1265. questions of our social order, use paving-stones as their weapons. But
  1266. see to it, sir, that ere long they do not come, in spite of you, to
  1267. seek for ammunition in this formidable arsenal, and that your
  1268. vigorous metaphysics falls not into the hands of some sophist of the
  1269. market-place, who might discuss the question in the presence of a
  1270. starving audience: we should have pillage for conclusion and peroration.
  1271. "I feel as deeply as you, sir, the abuses which you point out; but I
  1272. have so great an affection for order,--not that common and strait-laced
  1273. order with which the police are satisfied, but the majestic and imposing
  1274. order of human societies,--that I sometimes find myself embarrassed
  1275. in attacking certain abuses. I like to rebuild with one hand when I am
  1276. compelled to destroy with the other. In pruning an old tree, we guard
  1277. against destruction of the buds and fruit. You know that as well as any
  1278. one. You are a wise and learned man; you have a thoughtful mind. The
  1279. terms by which you characterize the fanatics of our day are strong
  1280. enough to reassure the most suspicious imaginations as to your
  1281. intentions; but you conclude in favor of the abolition of property! You
  1282. wish to abolish the most powerful motor of the human mind; you attack
  1283. the paternal sentiment in its sweetest illusions; with one word you
  1284. arrest the formation of capital, and we build henceforth upon the sand
  1285. instead of on a rock. That I cannot agree to; and for that reason I
  1286. have criticised your book, so full of beautiful pages, so brilliant with
  1287. knowledge and fervor!
  1288. "I wish, sir, that my impaired health would permit me to examine with
  1289. you, page by page, the memoir which you have done me the honor to
  1290. address to me publicly and personally; I think I could offer some
  1291. important criticisms. For the moment, I must content myself with
  1292. thanking you for the kind words in which you have seen fit to speak of
  1293. me. We each possess the merit of sincerity; I desire also the merit
  1294. of prudence. You know how deep-seated is the disease under which the
  1295. working-people are suffering; I know how many noble hearts beat under
  1296. those rude garments, and I feel an irresistible and fraternal sympathy
  1297. with the thousands of brave people who rise early in the morning to
  1298. labor, to pay their taxes, and to make our country strong. I try to
  1299. serve and enlighten them, whereas some endeavor to mislead them. You
  1300. have not written directly for them. You have issued two magnificent
  1301. manifestoes, the second more guarded than the first; issue a third more
  1302. guarded than the second, and you will take high rank in science, whose
  1303. first precept is calmness and impartiality.
  1304. "Farewell, sir! No man's esteem for another can exceed mine for you.
  1305. "BLANQUI."
  1306. I should certainly take some exceptions to this noble and eloquent
  1307. letter; but I confess that I am more inclined to realize the prediction
  1308. with which it terminates than to augment needlessly the number of
  1309. my antagonists. So much controversy fatigues and wearies me. The
  1310. intelligence expended in the warfare of words is like that employed in
  1311. battle: it is intelligence wasted. M. Blanqui acknowledges that property
  1312. is abused in many harmful ways; I call PROPERTY the sum these abuses
  1313. exclusively. To each of us property seems a polygon whose angles need
  1314. knocking off; but, the operation performed, M. Blanqui maintains
  1315. that the figure will still be a polygon (an hypothesis admitted in
  1316. mathematics, although not proven), while I consider that this figure
  1317. will be a circle. Honest people can at least understand one another.
  1318. For the rest, I allow that, in the present state of the question, the
  1319. mind may legitimately hesitate before deciding in favor of the abolition
  1320. of property. To gain the victory for one's cause, it does not suffice
  1321. simply to overthrow a principle generally recognized, which has the
  1322. indisputable merit of systematically recapitulating our political
  1323. theories; it is also necessary to establish the opposite principle, and
  1324. to formulate the system which must proceed from it. Still further, it
  1325. is necessary to show the method by which the new system will satisfy
  1326. all the moral and political needs which induced the establishment of
  1327. the first. On the following conditions, then, of subsequent evidence,
  1328. depends the correctness of my preceding arguments:--
  1329. The discovery of a system of absolute equality in which all existing
  1330. institutions, save property, or the sum of the abuses of property,
  1331. not only may find a place, but may themselves serve as instruments
  1332. of equality: individual liberty, the division of power, the public
  1333. ministry, the jury system, administrative and judicial organization, the
  1334. unity and completeness of instruction, marriage, the family, heredity
  1335. in direct and collateral succession, the right of sale and exchange, the
  1336. right to make a will, and even birthright,--a system which, better than
  1337. property, guarantees the formation of capital and keeps up the courage
  1338. of all; which, from a superior point of view, explains, corrects, and
  1339. completes the theories of association hitherto proposed, from Plato
  1340. and Pythagoras to Babeuf, Saint Simon, and Fourier; a system, finally,
  1341. which, serving as a means of transition, is immediately applicable.
  1342. A work so vast requires, I am aware, the united efforts of twenty
  1343. Montesquieus; nevertheless, if it is not given to a single man to
  1344. finish, a single one can commence, the enterprise. The road that he
  1345. shall traverse will suffice to show the end and assure the result.
  1346. WHAT IS PROPERTY? OR,
  1347. AN INQUIRY INTO THE PRINCIPLE OF RIGHT AND OF GOVERNMENT.
  1348. FIRST MEMOIR.
  1349. _Adversus hostem aeterna auctertas esto._
  1350. Against the enemy, revendication is eternal. LAW OF THE
  1351. TWELVE TABLES.
  1352. CHAPTER I. METHOD PURSUED IN THIS WORK.--THE IDEA OF A REVOLUTION.
  1353. If I were asked to answer the following question: WHAT IS SLAVERY? and I
  1354. should answer in one word, IT IS MURDER, my meaning would be understood
  1355. at once. No extended argument would be required to show that the power
  1356. to take from a man his thought, his will, his personality, is a power of
  1357. life and death; and that to enslave a man is to kill him. Why, then, to
  1358. this other question: WHAT IS PROPERTY! may I not likewise answer, IT
  1359. IS ROBBERY, without the certainty of being misunderstood; the second
  1360. proposition being no other than a transformation of the first?
  1361. I undertake to discuss the vital principle of our government and our
  1362. institutions, property: I am in my right. I may be mistaken in the
  1363. conclusion which shall result from my investigations: I am in my right.
  1364. I think best to place the last thought of my book first: still am I in
  1365. my right.
  1366. Such an author teaches that property is a civil right, born of
  1367. occupation and sanctioned by law; another maintains that it is a natural
  1368. right, originating in labor,--and both of these doctrines, totally
  1369. opposed as they may seem, are encouraged and applauded. I contend that
  1370. neither labor, nor occupation, nor law, can create property; that it is
  1371. an effect without a cause: am I censurable?
  1372. But murmurs arise!
  1373. PROPERTY IS ROBBERY! That is the war-cry of '93! That is the signal of
  1374. revolutions!
  1375. Reader, calm yourself: I am no agent of discord, no firebrand of
  1376. sedition. I anticipate history by a few days; I disclose a truth whose
  1377. development we may try in vain to arrest; I write the preamble of
  1378. our future constitution. This proposition which seems to you
  1379. blasphemous--PROPERTY IS ROBBERY--would, if our prejudices allowed us
  1380. to consider it, be recognized as the lightning-rod to shield us from the
  1381. coming thunderbolt; but too many interests stand in the way!... Alas!
  1382. philosophy will not change the course of events: destiny will fulfill
  1383. itself regardless of prophecy. Besides, must not justice be done and our
  1384. education be finished?
  1385. PROPERTY IS ROBBERY!... What a revolution in human ideas! PROPRIETOR and
  1386. ROBBER have been at all times expressions as contradictory as the beings
  1387. whom they designate are hostile; all languages have perpetuated this
  1388. opposition. On what authority, then, do you venture to attack universal
  1389. consent, and give the lie to the human race? Who are you, that you
  1390. should question the judgment of the nations and the ages?
  1391. Of what consequence to you, reader, is my obscure individuality? I
  1392. live, like you, in a century in which reason submits only to fact and
  1393. to evidence. My name, like yours, is TRUTH-SEEKER. [6] My mission is
  1394. written in these words of the law: SPEAK WITHOUT HATRED AND WITHOUT
  1395. FEAR; TELL THAT WHICH THOU KNOWEST! The work of our race is to build the
  1396. temple of science, and this science includes man and Nature. Now, truth
  1397. reveals itself to all; to-day to Newton and Pascal, tomorrow to
  1398. the herdsman in the valley and the journeyman in the shop. Each one
  1399. contributes his stone to the edifice; and, his task accomplished,
  1400. disappears. Eternity precedes us, eternity follows us: between two
  1401. infinites, of what account is one poor mortal that the century should
  1402. inquire about him?
  1403. Disregard then, reader, my title and my character, and attend only to my
  1404. arguments. It is in accordance with universal consent that I undertake
  1405. to correct universal error; from the OPINION of the human race I appeal
  1406. to its FAITH. Have the courage to follow me; and, if your will is
  1407. untrammelled, if your conscience is free, if your mind can unite two
  1408. propositions and deduce a third therefrom, my ideas will inevitably
  1409. become yours. In beginning by giving you my last word, it was my purpose
  1410. to warn you, not to defy you; for I am certain that, if you read me, you
  1411. will be compelled to assent. The things of which I am to speak are so
  1412. simple and clear that you will be astonished at not having perceived
  1413. them before, and you will say: "I have neglected to think." Others offer
  1414. you the spectacle of genius wresting Nature's secrets from her, and
  1415. unfolding before you her sublime messages; you will find here only a
  1416. series of experiments upon JUSTICE and RIGHT a sort of verification of
  1417. the weights and measures of your conscience. The operations shall be
  1418. conducted under your very eyes; and you shall weigh the result.
  1419. Nevertheless, I build no system. I ask an end to privilege, the
  1420. abolition of slavery, equality of rights, and the reign of law. Justice,
  1421. nothing else; that is the alpha and omega of my argument: to others I
  1422. leave the business of governing the world.
  1423. One day I asked myself: Why is there so much sorrow and misery in
  1424. society? Must man always be wretched? And not satisfied with the
  1425. explanations given by the reformers,--these attributing the general
  1426. distress to governmental cowardice and incapacity, those to conspirators
  1427. and emeutes, still others to ignorance and general corruption,--and
  1428. weary of the interminable quarrels of the tribune and the press, I
  1429. sought to fathom the matter myself. I have consulted the masters of
  1430. science; I have read a hundred volumes of philosophy, law, political
  1431. economy, and history: would to God that I had lived in a century in
  1432. which so much reading had been useless! I have made every effort to
  1433. obtain exact information, comparing doctrines, replying to objections,
  1434. continually constructing equations and reductions from arguments, and
  1435. weighing thousands of syllogisms in the scales of the most rigorous
  1436. logic. In this laborious work, I have collected many interesting facts
  1437. which I shall share with my friends and the public as soon as I have
  1438. leisure. But I must say that I recognized at once that we had never
  1439. understood the meaning of these words, so common and yet so sacred:
  1440. JUSTICE, EQUITY, LIBERTY; that concerning each of these principles our
  1441. ideas have been utterly obscure; and, in fact, that this ignorance was
  1442. the sole cause, both of the poverty that devours us, and of all the
  1443. calamities that have ever afflicted the human race.
  1444. My mind was frightened by this strange result: I doubted my reason.
  1445. What! said I, that which eye has not seen, nor ear heard, nor insight
  1446. penetrated, you have discovered! Wretch, mistake not the visions of
  1447. your diseased brain for the truths of science! Do you not know (great
  1448. philosophers have said so) that in points of practical morality
  1449. universal error is a contradiction?
  1450. I resolved then to test my arguments; and in entering upon this new
  1451. labor I sought an answer to the following questions: Is it possible
  1452. that humanity can have been so long and so universally mistaken in the
  1453. application of moral principles? How and why could it be mistaken? How
  1454. can its error, being universal, be capable of correction?
  1455. These questions, on the solution of which depended the certainty of my
  1456. conclusions, offered no lengthy resistance to analysis. It will be seen,
  1457. in chapter V. of this work, that in morals, as in all other branches of
  1458. knowledge, the gravest errors are the dogmas of science; that, even in
  1459. works of justice, to be mistaken is a privilege which ennobles man; and
  1460. that whatever philosophical merit may attach to me is infinitely small.
  1461. To name a thing is easy: the difficulty is to discern it before its
  1462. appearance. In giving expression to the last stage of an idea,--an idea
  1463. which permeates all minds, which to-morrow will be proclaimed by another
  1464. if I fail to announce it to-day,--I can claim no merit save that of
  1465. priority of utterance. Do we eulogize the man who first perceives the
  1466. dawn?
  1467. Yes: all men believe and repeat that equality of conditions is identical
  1468. with equality of rights; that PROPERTY and ROBBERY are synonymous terms;
  1469. that every social advantage accorded, or rather usurped, in the name of
  1470. superior talent or service, is iniquity and extortion. All men in their
  1471. hearts, I say, bear witness to these truths; they need only to be made
  1472. to understand it.
  1473. Before entering directly upon the question before me, I must say a word
  1474. of the road that I shall traverse. When Pascal approached a geometrical
  1475. problem, he invented a method of solution; to solve a problem in
  1476. philosophy a method is equally necessary. Well, by how much do the
  1477. problems of which philosophy treats surpass in the gravity of their
  1478. results those discussed by geometry! How much more imperatively, then,
  1479. do they demand for their solution a profound and rigorous analysis!
  1480. It is a fact placed for ever beyond doubt, say the modern psychologists,
  1481. that every perception received by the mind is determined by certain
  1482. general laws which govern the mind; is moulded, so to speak, in certain
  1483. types pre-existing in our understanding, and which constitutes its
  1484. original condition. Hence, say they, if the mind has no innate IDEAS,
  1485. it has at least innate FORMS. Thus, for example, every phenomenon is of
  1486. necessity conceived by us as happening in TIME and SPACE,--that compels
  1487. us to infer a CAUSE of its occurrence; every thing which exists implies
  1488. the ideas of SUBSTANCE, MODE, RELATION, NUMBER, &C.; in a word, we form
  1489. no idea which is not related to some one of the general principles of
  1490. reason, independent of which nothing exists.
  1491. These axioms of the understanding, add the psychologists, these
  1492. fundamental types, by which all our judgments and ideas are inevitably
  1493. shaped, and which our sensations serve only to illuminate, are known
  1494. in the schools as CATEGORIES. Their primordial existence in the mind is
  1495. to-day demonstrated; they need only to be systematized and catalogued.
  1496. Aristotle recognized ten; Kant increased the number to fifteen; M.
  1497. Cousin has reduced it to three, to two, to one; and the indisputable
  1498. glory of this professor will be due to the fact that, if he has not
  1499. discovered the true theory of categories, he has, at least, seen more
  1500. clearly than any one else the vast importance of this question,--the
  1501. greatest and perhaps the only one with which metaphysics has to deal.
  1502. I confess that I disbelieve in the innateness, not only of IDEAS, but
  1503. also of FORMS or LAWS of our understanding; and I hold the metaphysics
  1504. of Reid and Kant to be still farther removed from the truth than that of
  1505. Aristotle. However, as I do not wish to enter here into a discussion of
  1506. the mind, a task which would demand much labor and be of no interest to
  1507. the public, I shall admit the hypothesis that our most general and
  1508. most necessary ideas--such as time, space, substance, and cause--exist
  1509. originally in the mind; or, at least, are derived immediately from its
  1510. constitution.
  1511. But it is a psychological fact none the less true, and one to which the
  1512. philosophers have paid too little attention, that habit, like a second
  1513. nature, has the power of fixing in the mind new categorical forms
  1514. derived from the appearances which impress us, and by them usually
  1515. stripped of objective reality, but whose influence over our judgments
  1516. is no less predetermining than that of the original categories. Hence
  1517. we reason by the ETERNAL and ABSOLUTE laws of our mind, and at the same
  1518. time by the secondary rules, ordinarily faulty, which are suggested to
  1519. us by imperfect observation. This is the most fecund source of false
  1520. prejudices, and the permanent and often invincible cause of a multitude
  1521. of errors. The bias resulting from these prejudices is so strong that
  1522. often, even when we are fighting against a principle which our mind
  1523. thinks false, which is repugnant to our reason, and which our conscience
  1524. disapproves, we defend it without knowing it, we reason in accordance
  1525. with it, and we obey it while attacking it. Enclosed within a circle,
  1526. our mind revolves about itself, until a new observation, creating within
  1527. us new ideas, brings to view an external principle which delivers us
  1528. from the phantom by which our imagination is possessed.
  1529. Thus, we know to-day that, by the laws of a universal magnetism whose
  1530. cause is still unknown, two bodies (no obstacle intervening) tend to
  1531. unite by an accelerated impelling force which we call GRAVITATION. It is
  1532. gravitation which causes unsupported bodies to fall to the ground, which
  1533. gives them weight, and which fastens us to the earth on which we live.
  1534. Ignorance of this cause was the sole obstacle which prevented the
  1535. ancients from believing in the antipodes. "Can you not see," said St.
  1536. Augustine after Lactantius, "that, if there were men under our feet,
  1537. their heads would point downward, and that they would fall into the
  1538. sky?" The bishop of Hippo, who thought the earth flat because it
  1539. appeared so to the eye, supposed in consequence that, if we should
  1540. connect by straight lines the zenith with the nadir in different places,
  1541. these lines would be parallel with each other; and in the direction
  1542. of these lines he traced every movement from above to below. Thence he
  1543. naturally concluded that the stars were rolling torches set in the vault
  1544. of the sky; that, if left to themselves, they would fall to the earth in
  1545. a shower of fire; that the earth was one vast plain, forming the lower
  1546. portion of the world, &c. If he had been asked by what the world itself
  1547. was sustained, he would have answered that he did not know, but that
  1548. to God nothing is impossible. Such were the ideas of St. Augustine in
  1549. regard to space and movement, ideas fixed within him by a prejudice
  1550. derived from an appearance, and which had become with him a general and
  1551. categorical rule of judgment. Of the reason why bodies fall his mind
  1552. knew nothing; he could only say that a body falls because it falls.
  1553. With us the idea of a fall is more complex: to the general ideas of
  1554. space and movement which it implies, we add that of attraction or
  1555. direction towards a centre, which gives us the higher idea of cause. But
  1556. if physics has fully corrected our judgment in this respect, we still
  1557. make use of the prejudice of St. Augustine; and when we say that a thing
  1558. has FALLEN, we do not mean simply and in general that there has been
  1559. an effect of gravitation, but specially and in particular that it is
  1560. towards the earth, and FROM ABOVE TO BELOW, that this movement has taken
  1561. place. Our mind is enlightened in vain; the imagination prevails, and
  1562. our language remains forever incorrigible. To DESCEND FROM HEAVEN is as
  1563. incorrect an expression as to MOUNT TO HEAVEN; and yet this expression
  1564. will live as long as men use language.
  1565. All these phrases--FROM ABOVE TO BELOW; TO DESCEND FROM HEAVEN; TO FALL
  1566. FROM THE CLOUDS, &C.--are henceforth harmless, because we know how to
  1567. rectify them in practice; but let us deign to consider for a moment how
  1568. much they have retarded the progress of science. If, indeed, it be a
  1569. matter of little importance to statistics, mechanics, hydrodynamics, and
  1570. ballistics, that the true cause of the fall of bodies should be known,
  1571. and that our ideas of the general movements in space should be exact,
  1572. it is quite otherwise when we undertake to explain the system of the
  1573. universe, the cause of tides, the shape of the earth, and its position
  1574. in the heavens: to understand these things we must leave the circle
  1575. of appearances. In all ages there have been ingenious mechanicians,
  1576. excellent architects, skilful artillerymen: any error, into which it was
  1577. possible for them to fall in regard to the rotundity of the earth and
  1578. gravitation, in no wise retarded the development of their art; the
  1579. solidity of their buildings and accuracy of their aim was not affected
  1580. by it. But sooner or later they were forced to grapple with phenomena,
  1581. which the supposed parallelism of all perpendiculars erected from the
  1582. earth's surface rendered inexplicable: then also commenced a struggle
  1583. between the prejudices, which for centuries had sufficed in daily
  1584. practice, and the unprecedented opinions which the testimony of the eyes
  1585. seemed to contradict.
  1586. Thus, on the one hand, the falsest judgments, whether based on isolated
  1587. facts or only on appearances, always embrace some truths whose sphere,
  1588. whether large or small, affords room for a certain number of inferences,
  1589. beyond which we fall into absurdity. The ideas of St. Augustine, for
  1590. example, contained the following truths: that bodies fall towards the
  1591. earth, that they fall in a straight line, that either the sun or the
  1592. earth moves, that either the sky or the earth turns, &c. These general
  1593. facts always have been true; our science has added nothing to them. But,
  1594. on the other hand, it being necessary to account for every thing, we are
  1595. obliged to seek for principles more and more comprehensive: that is why
  1596. we have had to abandon successively, first the opinion that the world
  1597. was flat, then the theory which regards it as the stationary centre of
  1598. the universe, &c.
  1599. If we pass now from physical nature to the moral world, we still find
  1600. ourselves subject to the same deceptions of appearance, to the same
  1601. influences of spontaneity and habit. But the distinguishing feature of
  1602. this second division of our knowledge is, on the one hand, the good
  1603. or the evil which we derive from our opinions; and, on the other, the
  1604. obstinacy with which we defend the prejudice which is tormenting and
  1605. killing us.
  1606. Whatever theory we embrace in regard to the shape of the earth and the
  1607. cause of its weight, the physics of the globe does not suffer; and,
  1608. as for us, our social economy can derive therefrom neither profit nor
  1609. damage. But it is in us and through us that the laws of our moral nature
  1610. work; now, these laws cannot be executed without our deliberate aid,
  1611. and, consequently, unless we know them. If, then, our science of moral
  1612. laws is false, it is evident that, while desiring our own good, we are
  1613. accomplishing our own evil; if it is only incomplete, it may suffice for
  1614. a time for our social progress, but in the long run it will lead us
  1615. into a wrong road, and will finally precipitate us into an abyss of
  1616. calamities.
  1617. Then it is that we need to exercise our highest judgments; and, be it
  1618. said to our glory, they are never found wanting: but then also commences
  1619. a furious struggle between old prejudices and new ideas. Days of
  1620. conflagration and anguish! We are told of the time when, with the same
  1621. beliefs, with the same institutions, all the world seemed happy: why
  1622. complain of these beliefs; why banish these institutions? We are slow to
  1623. admit that that happy age served the precise purpose of developing the
  1624. principle of evil which lay dormant in society; we accuse men and gods,
  1625. the powers of earth and the forces of Nature. Instead of seeking the
  1626. cause of the evil in his mind and heart, man blames his masters, his
  1627. rivals, his neighbors, and himself; nations arm themselves, and slay
  1628. and exterminate each other, until equilibrium is restored by the vast
  1629. depopulation, and peace again arises from the ashes of the combatants.
  1630. So loath is humanity to touch the customs of its ancestors, and to
  1631. change the laws framed by the founders of communities, and confirmed by
  1632. the faithful observance of the ages.
  1633. _Nihil motum ex antiquo probabile est_: Distrust all innovations, wrote
  1634. Titus Livius. Undoubtedly it would be better were man not compelled to
  1635. change: but what! because he is born ignorant, because he exists only
  1636. on condition of gradual self-instruction, must he abjure the light,
  1637. abdicate his reason, and abandon himself to fortune? Perfect health is
  1638. better than convalescence: should the sick man, therefore, refuse to
  1639. be cured? Reform, reform! cried, ages since, John the Baptist and Jesus
  1640. Christ. Reform, reform! cried our fathers, fifty years ago; and for a
  1641. long time to come we shall shout, Reform, reform!
  1642. Seeing the misery of my age, I said to myself: Among the principles that
  1643. support society, there is one which it does not understand, which its
  1644. ignorance has vitiated, and which causes all the evil that exists. This
  1645. principle is the most ancient of all; for it is a characteristic of
  1646. revolutions to tear down the most modern principles, and to respect
  1647. those of long-standing. Now the evil by which we suffer is anterior to
  1648. all revolutions. This principle, impaired by our ignorance, is honored
  1649. and cherished; for if it were not cherished it would harm nobody, it
  1650. would be without influence.
  1651. But this principle, right in its purpose, but misunderstood: this
  1652. principle, as old as humanity, what is it? Can it be religion?
  1653. All men believe in God: this dogma belongs at once to their conscience
  1654. and their mind. To humanity God is a fact as primitive, an idea as
  1655. inevitable, a principle as necessary as are the categorical ideas of
  1656. cause, substance, time, and space to our understanding. God is proven to
  1657. us by the conscience prior to any inference of the mind; just as the
  1658. sun is proven to us by the testimony of the senses prior to all the
  1659. arguments of physics. We discover phenomena and laws by observation and
  1660. experience; only this deeper sense reveals to us existence. Humanity
  1661. believes that God is; but, in believing in God, what does it believe? In
  1662. a word, what is God?
  1663. The nature of this notion of Divinity,--this primitive, universal
  1664. notion, born in the race,--the human mind has not yet fathomed. At each
  1665. step that we take in our investigation of Nature and of causes, the idea
  1666. of God is extended and exalted; the farther science advances, the more
  1667. God seems to grow and broaden. Anthropomorphism and idolatry constituted
  1668. of necessity the faith of the mind in its youth, the theology of infancy
  1669. and poesy. A harmless error, if they had not endeavored to make it a
  1670. rule of conduct, and if they had been wise enough to respect the
  1671. liberty of thought. But having made God in his own image, man wished
  1672. to appropriate him still farther; not satisfied with disfiguring the
  1673. Almighty, he treated him as his patrimony, his goods, his possessions.
  1674. God, pictured in monstrous forms, became throughout the world the
  1675. property of man and of the State. Such was the origin of the corruption
  1676. of morals by religion, and the source of pious feuds and holy wars.
  1677. Thank Heaven! we have learned to allow every one his own beliefs; we
  1678. seek for moral laws outside the pale of religion. Instead of legislating
  1679. as to the nature and attributes of God, the dogmas of theology, and
  1680. the destiny of our souls, we wisely wait for science to tell us what to
  1681. reject and what to accept. God, soul, religion,--eternal objects of
  1682. our unwearied thought and our most fatal aberrations, terrible
  1683. problems whose solution, for ever attempted, for ever remains
  1684. unaccomplished,--concerning all these questions we may still be
  1685. mistaken, but at least our error is harmless. With liberty in religion,
  1686. and the separation of the spiritual from the temporal power, the
  1687. influence of religious ideas upon the progress of society is purely
  1688. negative; no law, no political or civil institution being founded on
  1689. religion. Neglect of duties imposed by religion may increase the general
  1690. corruption, but it is not the primary cause; it is only an auxiliary or
  1691. result. It is universally admitted, and especially in the matter
  1692. which now engages our attention, that the cause of the inequality
  1693. of conditions among men--of pauperism, of universal misery, and of
  1694. governmental embarrassments--can no longer be traced to religion: we
  1695. must go farther back, and dig still deeper.
  1696. But what is there in man older and deeper than the religious sentiment?
  1697. There is man himself; that is, volition and conscience, free-will and
  1698. law, eternally antagonistic. Man is at war with himself: why?
  1699. "Man," say the theologians, "transgressed in the beginning; our race
  1700. is guilty of an ancient offence. For this transgression humanity has
  1701. fallen; error and ignorance have become its sustenance. Read history,
  1702. you will find universal proof of this necessity for evil in the
  1703. permanent misery of nations. Man suffers and always will suffer; his
  1704. disease is hereditary and constitutional. Use palliatives, employ
  1705. emollients; there is no remedy."
  1706. Nor is this argument peculiar to the theologians; we find it
  1707. expressed in equivalent language in the philosophical writings of the
  1708. materialists, believers in infinite perfectibility. Destutt de Tracy
  1709. teaches formally that poverty, crime, and war are the inevitable
  1710. conditions of our social state; necessary evils, against which it would
  1711. be folly to revolt. So, call it NECESSITY OF EVIL or ORIGINAL DEPRAVITY,
  1712. it is at bottom the same philosophy.
  1713. "The first man transgressed." If the votaries of the Bible interpreted
  1714. it faithfully, they would say: MAN ORIGINALLY TRANSGRESSED, that is,
  1715. made a mistake; for TO TRANSGRESS, TO FAIL, TO MAKE A MISTAKE, all mean
  1716. the same thing.
  1717. "The consequences of Adam's transgression are inherited by the race;
  1718. the first is ignorance." Truly, the race, like the individual, is born
  1719. ignorant; but, in regard to a multitude of questions, even in the moral
  1720. and political spheres, this ignorance of the race has been dispelled:
  1721. who says that it will not depart altogether? Mankind makes continual
  1722. progress toward truth, and light ever triumphs over darkness. Our
  1723. disease is not, then, absolutely incurable, and the theory of the
  1724. theologians is worse than inadequate; it is ridiculous, since it is
  1725. reducible to this tautology: "Man errs, because he errs." While the true
  1726. statement is this: "Man errs, because he learns."
  1727. Now, if man arrives at a knowledge of all that he needs to know, it is
  1728. reasonable to believe that, ceasing to err, he will cease to suffer.
  1729. But if we question the doctors as to this law, said to be engraved upon
  1730. the heart of man, we shall immediately see that they dispute about a
  1731. matter of which they know nothing; that, concerning the most important
  1732. questions, there are almost as many opinions as authors; that we find
  1733. no two agreeing as to the best form of government, the principle of
  1734. authority, and the nature of right; that all sail hap-hazard upon a
  1735. shoreless and bottomless sea, abandoned to the guidance of their private
  1736. opinions which they modestly take to be right reason. And, in view
  1737. of this medley of contradictory opinions, we say: "The object of our
  1738. investigations is the law, the determination of the social principle.
  1739. Now, the politicians, that is, the social scientists, do not understand
  1740. each other; then the error lies in themselves; and, as every error has
  1741. a reality for its object, we must look in their books to find the truth
  1742. which they have unconsciously deposited there."
  1743. Now, of what do the lawyers and the publicists treat? Of JUSTICE,
  1744. EQUITY, LIBERTY, NATURAL LAW, CIVIL LAWS, &c. But what is justice?
  1745. What is its principle, its character, its formula? To this question our
  1746. doctors evidently have no reply; for otherwise their science, starting
  1747. with a principle clear and well defined, would quit the region of
  1748. probabilities, and all disputes would end.
  1749. What is justice? The theologians answer: "All justice comes from God."
  1750. That is true; but we know no more than before.
  1751. The philosophers ought to be better informed: they have argued so much
  1752. about justice and injustice! Unhappily, an examination proves that their
  1753. knowledge amounts to nothing, and that with them--as with the savages
  1754. whose every prayer to the sun is simply _O! O!_--it is a cry of
  1755. admiration, love, and enthusiasm; but who does not know that the sun
  1756. attaches little meaning to the interjection O! That is exactly our
  1757. position toward the philosophers in regard to justice. Justice, they
  1758. say, is a DAUGHTER OF HEAVEN; A LIGHT WHICH ILLUMINES EVERY MAN THAT
  1759. COMES INTO THE WORLD; THE MOST BEAUTIFUL PREROGATIVE OF OUR NATURE;
  1760. THAT WHICH DISTINGUISHES US FROM THE BEASTS AND LIKENS US TO GOD--and
  1761. a thousand other similar things. What, I ask, does this pious litany
  1762. amount to? To the prayer of the savages: O!
  1763. All the most reasonable teachings of human wisdom concerning justice are
  1764. summed up in that famous adage: DO UNTO OTHERS THAT WHICH YOU WOULD THAT
  1765. OTHERS SHOULD DO UNTO YOU; DO NOT UNTO OTHERS THAT WHICH YOU WOULD
  1766. NOT THAT OTHERS SHOULD DO UNTO YOU. But this rule of moral practice is
  1767. unscientific: what have I a right to wish that others should do or not
  1768. do to me? It is of no use to tell me that my duty is equal to my right,
  1769. unless I am told at the same time what my right is.
  1770. Let us try to arrive at something more precise and positive.
  1771. Justice is the central star which governs societies, the pole around
  1772. which the political world revolves, the principle and the regulator of
  1773. all transactions. Nothing takes place between men save in the name of
  1774. RIGHT; nothing without the invocation of justice. Justice is not the
  1775. work of the law: on the contrary, the law is only a declaration and
  1776. application of JUSTICE in all circumstances where men are liable to come
  1777. in contact. If, then, the idea that we form of justice and right were
  1778. ill-defined, if it were imperfect or even false, it is clear that all
  1779. our legislative applications would be wrong, our institutions vicious,
  1780. our politics erroneous: consequently there would be disorder and social
  1781. chaos.
  1782. This hypothesis of the perversion of justice in our minds, and, as a
  1783. necessary result, in our acts, becomes a demonstrated fact when it is
  1784. shown that the opinions of men have not borne a constant relation to the
  1785. notion of justice and its applications; that at different periods they
  1786. have undergone modifications: in a word, that there has been progress
  1787. in ideas. Now, that is what history proves by the most overwhelming
  1788. testimony.
  1789. Eighteen Hundred years ago, the world, under the rule of the Caesars,
  1790. exhausted itself in slavery, superstition, and voluptuousness. The
  1791. people--intoxicated and, as it were, stupefied by their long-continued
  1792. orgies--had lost the very notion of right and duty: war and dissipation
  1793. by turns swept them away; usury and the labor of machines (that is of
  1794. slaves), by depriving them of the means of subsistence, hindered them
  1795. from continuing the species. Barbarism sprang up again, in a hideous
  1796. form, from this mass of corruption, and spread like a devouring leprosy
  1797. over the depopulated provinces. The wise foresaw the downfall of the
  1798. empire, but could devise no remedy. What could they think indeed? To
  1799. save this old society it would have been necessary to change the objects
  1800. of public esteem and veneration, and to abolish the rights affirmed by
  1801. a justice purely secular; they said: "Rome has conquered through her
  1802. politics and her gods; any change in theology and public opinion would
  1803. be folly and sacrilege. Rome, merciful toward conquered nations, though
  1804. binding them in chains, spared their lives; slaves are the most fertile
  1805. source of her wealth; freedom of the nations would be the negation of
  1806. her rights and the ruin of her finances. Rome, in fact, enveloped in the
  1807. pleasures and gorged with the spoils of the universe, is kept alive by
  1808. victory and government; her luxury and her pleasures are the price of
  1809. her conquests: she can neither abdicate nor dispossess herself."
  1810. Thus Rome had the facts and the law on her side. Her pretensions were
  1811. justified by universal custom and the law of nations. Her institutions
  1812. were based upon idolatry in religion, slavery in the State, and
  1813. epicurism in private life; to touch those was to shake society to its
  1814. foundations, and, to use our modern expression, to open the abyss of
  1815. revolutions. So the idea occurred to no one; and yet humanity was dying
  1816. in blood and luxury.
  1817. All at once a man appeared, calling himself The Word of God. It is not
  1818. known to this day who he was, whence he came, nor what suggested to
  1819. him his ideas. He went about proclaiming everywhere that the end of the
  1820. existing society was at hand, that the world was about to experience a
  1821. new birth; that the priests were vipers, the lawyers ignoramuses,
  1822. and the philosophers hypocrites and liars; that master and slave
  1823. were equals, that usury and every thing akin to it was robbery, that
  1824. proprietors and idlers would one day burn, while the poor and pure in
  1825. heart would find a haven of peace.
  1826. This man--The Word of God--was denounced and arrested as a public enemy
  1827. by the priests and the lawyers, who well understood how to induce the
  1828. people to demand his death. But this judicial murder, though it put the
  1829. finishing stroke to their crimes, did not destroy the doctrinal seeds
  1830. which The Word of God had sown. After his death, his original disciples
  1831. travelled about in all directions, preaching what they called the GOOD
  1832. NEWS, creating in their turn millions of missionaries; and, when their
  1833. task seemed to be accomplished, dying by the sword of Roman justice.
  1834. This persistent agitation, the war of the executioners and martyrs,
  1835. lasted nearly three centuries, ending in the conversion of the world.
  1836. Idolatry was destroyed, slavery abolished, dissolution made room for a
  1837. more austere morality, and the contempt for wealth was sometimes pushed
  1838. almost to privation.
  1839. Society was saved by the negation of its own principles, by a revolution
  1840. in its religion, and by violation of its most sacred rights. In this
  1841. revolution, the idea of justice spread to an extent that had not before
  1842. been dreamed of, never to return to its original limits. Heretofore
  1843. justice had existed only for the masters; [7] it then commenced to exist
  1844. for the slaves.
  1845. Nevertheless, the new religion at that time had borne by no means all
  1846. its fruits. There was a perceptible improvement of the public morals,
  1847. and a partial release from oppression; but, other than that, the SEEDS
  1848. SOWN BY THE SON OF MAN, having fallen into idolatrous hearts, had
  1849. produced nothing save innumerable discords and a quasi-poetical
  1850. mythology. Instead of developing into their practical consequences the
  1851. principles of morality and government taught by The Word of God, his
  1852. followers busied themselves in speculations as to his birth, his origin,
  1853. his person, and his actions; they discussed his parables, and from the
  1854. conflict of the most extravagant opinions upon unanswerable questions
  1855. and texts which no one understood, was born THEOLOGY,--which may be
  1856. defined as the SCIENCE OF THE INFINITELY ABSURD.
  1857. The truth of CHRISTIANITY did not survive the age of the apostles; the
  1858. GOSPEL, commented upon and symbolized by the Greeks and Latins, loaded
  1859. with pagan fables, became literally a mass of contradictions; and to
  1860. this day the reign of the INFALLIBLE CHURCH has been a long era of
  1861. darkness. It is said that the GATES OF HELL will not always prevail,
  1862. that THE WORD OF GOD will return, and that one day men will know truth
  1863. and justice; but that will be the death of Greek and Roman Catholicism,
  1864. just as in the light of science disappeared the caprices of opinion.
  1865. The monsters which the successors of the apostles were bent on
  1866. destroying, frightened for a moment, reappeared gradually, thanks to the
  1867. crazy fanaticism, and sometimes the deliberate connivance, of priests
  1868. and theologians. The history of the enfranchisement of the French
  1869. communes offers constantly the spectacle of the ideas of justice and
  1870. liberty spreading among the people, in spite of the combined efforts of
  1871. kings, nobles, and clergy. In the year 1789 of the Christian era, the
  1872. French nation, divided by caste, poor and oppressed, struggled in the
  1873. triple net of royal absolutism, the tyranny of nobles and parliaments,
  1874. and priestly intolerance. There was the right of the king and the right
  1875. of the priest, the right of the patrician and the right of the plebeian;
  1876. there were the privileges of birth, province, communes, corporations,
  1877. and trades; and, at the bottom of all, violence, immorality, and misery.
  1878. For some time they talked of reformation; those who apparently desired
  1879. it most favoring it only for their own profit, and the people who were
  1880. to be the gainers expecting little and saying nothing. For a long
  1881. time these poor people, either from distrust, incredulity, or despair,
  1882. hesitated to ask for their rights: it is said that the habit of serving
  1883. had taken the courage away from those old communes, which in the middle
  1884. ages were so bold.
  1885. Finally a book appeared, summing up the whole matter in these two
  1886. propositions: WHAT IS THE THIRD ESTATE?--NOTHING. WHAT OUGHT IT
  1887. TO BE?--EVERY THING. Some one added by way of comment: WHAT IS THE
  1888. KING?--THE SERVANT OF THE PEOPLE.
  1889. This was a sudden revelation: the veil was torn aside, a thick bandage
  1890. fell from all eyes. The people commenced to reason thus:--
  1891. If the king is our servant, he ought to report to us;
  1892. If he ought to report to us, he is subject to control;
  1893. If he can be controlled, he is responsible;
  1894. If he is responsible, he is punishable;
  1895. If he is punishable, he ought to be punished according to his merits;
  1896. If he ought to be punished according to his merits, he can be punished
  1897. with death.
  1898. Five years after the publication of the brochure of Sieyes, the third
  1899. estate was every thing; the king, the nobility, the clergy, were no
  1900. more. In 1793, the nation, without stopping at the constitutional
  1901. fiction of the inviolability of the sovereign, conducted Louis XVI. to
  1902. the scaffold; in 1830, it accompanied Charles X. to Cherbourg. In each
  1903. case, it may have erred, in fact, in its judgment of the offence; but,
  1904. in right, the logic which led to its action was irreproachable. The
  1905. people, in punishing their sovereign, did precisely that which the
  1906. government of July was so severely censured for failing to do when it
  1907. refused to execute Louis Bonaparte after the affair of Strasburg: they
  1908. struck the true culprit. It was an application of the common law, a
  1909. solemn decree of justice enforcing the penal laws. [8]
  1910. The spirit which gave rise to the movement of '89 was a spirit of
  1911. negation; that, of itself, proves that the order of things which was
  1912. substituted for the old system was not methodical or well-considered;
  1913. that, born of anger and hatred, it could not have the effect of a
  1914. science based on observation and study; that its foundations, in a word,
  1915. were not derived from a profound knowledge of the laws of Nature and
  1916. society. Thus the people found that the republic, among the so-called
  1917. new institutions, was acting on the very principles against which they
  1918. had fought, and was swayed by all the prejudices which they had intended
  1919. to destroy. We congratulate ourselves, with inconsiderate enthusiasm,
  1920. on the glorious French Revolution, the regeneration of 1789, the great
  1921. changes that have been effected, and the reversion of institutions: a
  1922. delusion, a delusion!
  1923. When our ideas on any subject, material, intellectual, or social,
  1924. undergo a thorough change in consequence of new observations, I call
  1925. that movement of the mind REVOLUTION. If the ideas are simply extended
  1926. or modified, there is only PROGRESS. Thus the system of Ptolemy was a
  1927. step in astronomical progress, that of Copernicus was a revolution. So,
  1928. in 1789, there was struggle and progress; revolution there was none. An
  1929. examination of the reforms which were attempted proves this.
  1930. The nation, so long a victim of monarchical selfishness, thought to
  1931. deliver itself for ever by declaring that it alone was sovereign. But
  1932. what was monarchy? The sovereignty of one man. What is democracy? The
  1933. sovereignty of the nation, or, rather, of the national majority. But it
  1934. is, in both cases, the sovereignty of man instead of the sovereignty of
  1935. the law, the sovereignty of the will instead of the sovereignty of the
  1936. reason; in one word, the passions instead of justice. Undoubtedly, when
  1937. a nation passes from the monarchical to the democratic state, there
  1938. is progress, because in multiplying the sovereigns we increase the
  1939. opportunities of the reason to substitute itself for the will; but in
  1940. reality there is no revolution in the government, since the principle
  1941. remains the same. Now, we have the proof to-day that, with the most
  1942. perfect democracy, we cannot be free. [9]
  1943. Nor is that all. The nation-king cannot exercise its sovereignty itself;
  1944. it is obliged to delegate it to agents: this is constantly reiterated by
  1945. those who seek to win its favor. Be these agents five, ten, one hundred,
  1946. or a thousand, of what consequence is the number; and what matters the
  1947. name? It is always the government of man, the rule of will and caprice.
  1948. I ask what this pretended revolution has revolutionized?
  1949. We know, too, how this sovereignty was exercised; first by the
  1950. Convention, then by the Directory, afterwards confiscated by the Consul.
  1951. As for the Emperor, the strong man so much adored and mourned by the
  1952. nation, he never wanted to be dependent on it; but, as if intending to
  1953. set its sovereignty at defiance, he dared to demand its suffrage: that
  1954. is, its abdication, the abdication of this inalienable sovereignty; and
  1955. he obtained it.
  1956. But what is sovereignty? It is, they say, the POWER TO MAKE LAW. [10]
  1957. Another absurdity, a relic of despotism. The nation had long seen kings
  1958. issuing their commands in this form: FOR SUCH IS OUR PLEASURE; it wished
  1959. to taste in its turn the pleasure of making laws. For fifty years it
  1960. has brought them forth by myriads; always, be it understood, through the
  1961. agency of representatives. The play is far from ended.
  1962. The definition of sovereignty was derived from the definition of the
  1963. law. The law, they said, is THE EXPRESSION OF THE WILL OF THE SOVEREIGN:
  1964. then, under a monarchy, the law is the expression of the will of the
  1965. king; in a republic, the law is the expression of the will of the
  1966. people. Aside from the difference in the number of wills, the two
  1967. systems are exactly identical: both share the same error, namely, that
  1968. the law is the expression of a will; it ought to be the expression of
  1969. a fact. Moreover they followed good leaders: they took the citizen of
  1970. Geneva for their prophet, and the contrat social for their Koran.
  1971. Bias and prejudice are apparent in all the phrases of the new
  1972. legislators. The nation had suffered from a multitude of exclusions and
  1973. privileges; its representatives issued the following declaration: ALL
  1974. MEN ARE EQUAL BY NATURE AND BEFORE THE LAW; an ambiguous and redundant
  1975. declaration. MEN ARE EQUAL BY NATURE: does that mean that they are equal
  1976. in size, beauty, talents, and virtue? No; they meant, then, political
  1977. and civil equality. Then it would have been sufficient to have said: ALL
  1978. MEN ARE EQUAL BEFORE THE LAW.
  1979. But what is equality before the law? Neither the constitution of 1790,
  1980. nor that of '93, nor the granted charter, nor the accepted charter, have
  1981. defined it accurately. All imply an inequality in fortune and station
  1982. incompatible with even a shadow of equality in rights. In this respect
  1983. it may be said that all our constitutions have been faithful expressions
  1984. of the popular will: I am going, to prove it.
  1985. Formerly the people were excluded from civil and military offices; it
  1986. was considered a wonder when the following high-sounding article
  1987. was inserted in the Declaration of Rights: "All citizens are equally
  1988. eligible to office; free nations know no qualifications in their choice
  1989. of officers save virtues and talents."
  1990. They certainly ought to have admired so beautiful an idea: they admired
  1991. a piece of nonsense. Why! the sovereign people, legislators, and
  1992. reformers, see in public offices, to speak plainly, only opportunities
  1993. for pecuniary advancement. And, because it regards them as a source of
  1994. profit, it decrees the eligibility of citizens. For of what use would
  1995. this precaution be, if there were nothing to gain by it? No one would
  1996. think of ordaining that none but astronomers and geographers should be
  1997. pilots, nor of prohibiting stutterers from acting at the theatre and
  1998. the opera. The nation was still aping the kings: like them it wished
  1999. to award the lucrative positions to its friends and flatterers.
  2000. Unfortunately, and this last feature completes the resemblance, the
  2001. nation did not control the list of livings; that was in the hands of its
  2002. agents and representatives. They, on the other hand, took care not to
  2003. thwart the will of their gracious sovereign.
  2004. This edifying article of the Declaration of Rights, retained in the
  2005. charters of 1814 and 1830, implies several kinds of civil inequality;
  2006. that is, of inequality before the law: inequality of station, since the
  2007. public functions are sought only for the consideration and emoluments
  2008. which they bring; inequality of wealth, since, if it had been desired
  2009. to equalize fortunes, public service would have been regarded as a duty,
  2010. not as a reward; inequality of privilege, the law not stating what
  2011. it means by TALENTS and VIRTUES. Under the empire, virtue and talent
  2012. consisted simply in military bravery and devotion to the emperor; that
  2013. was shown when Napoleon created his nobility, and attempted to connect
  2014. it with the ancients. To-day, the man who pays taxes to the amount
  2015. of two hundred francs is virtuous; the talented man is the honest
  2016. pickpocket: such truths as these are accounted trivial.
  2017. The people finally legalized property. God forgive them, for they
  2018. knew not what they did! For fifty years they have suffered for their
  2019. miserable folly. But how came the people, whose voice, they tell us,
  2020. is the voice of God, and whose conscience is infallible,--how came the
  2021. people to err? How happens it that, when seeking liberty and equality,
  2022. they fell back into privilege and slavery? Always through copying the
  2023. ancient regime.
  2024. Formerly, the nobility and the clergy contributed towards the expenses
  2025. of the State only by voluntary aid and gratuitous gift; their property
  2026. could not be seized even for debt,--while the plebeian, overwhelmed by
  2027. taxes and statute-labor, was continually tormented, now by the
  2028. king's tax-gatherers, now by those of the nobles and clergy. He whose
  2029. possessions were subject to mortmain could neither bequeath nor inherit
  2030. property; he was treated like the animals, whose services and offspring
  2031. belong to their master by right of accession. The people wanted the
  2032. conditions of OWNERSHIP to be alike for all; they thought that every one
  2033. should ENJOY AND FREELY DISPOSE OF HIS POSSESSIONS HIS INCOME AND THE
  2034. FRUIT OF HIS LABOR AND INDUSTRY. The people did not invent property; but
  2035. as they had not the same privileges in regard to it, which the nobles
  2036. and clergy possessed, they decreed that the right should be exercised
  2037. by all under the same conditions. The more obnoxious forms of
  2038. property--statute-labor, mortmain, maitrise, and exclusion from public
  2039. office--have disappeared; the conditions of its enjoyment have been
  2040. modified: the principle still remains the same. There has been progress
  2041. in the regulation of the right; there has been no revolution.
  2042. These, then, are the three fundamental principles of modern society,
  2043. established one after another by the movements of 1789 and 1830: 1.
  2044. SOVEREIGNTY OF THE HUMAN WILL; in short, DESPOTISM. 2. INEQUALITY OF
  2045. WEALTH AND RANK. 3. PROPERTY--above JUSTICE, always invoked as the
  2046. guardian angel of sovereigns, nobles, and proprietors; JUSTICE, the
  2047. general, primitive, categorical law of all society.
  2048. We must ascertain whether the ideas of DESPOTISM, CIVIL INEQUALITY
  2049. and PROPERTY, are in harmony with the primitive notion of JUSTICE, and
  2050. necessarily follow from it,--assuming various forms according to the
  2051. condition, position, and relation of persons; or whether they are not
  2052. rather the illegitimate result of a confusion of different things, a
  2053. fatal association of ideas. And since justice deals especially with the
  2054. questions of government, the condition of persons, and the possession
  2055. of things, we must ascertain under what conditions, judging by universal
  2056. opinion and the progress of the human mind, government is just, the
  2057. condition of citizens is just, and the possession of things is just;
  2058. then, striking out every thing which fails to meet these conditions,
  2059. the result will at once tell us what legitimate government is, what the
  2060. legitimate condition of citizens is, and what the legitimate possession
  2061. of things is; and finally, as the last result of the analysis, what
  2062. JUSTICE is.
  2063. Is the authority of man over man just?
  2064. Everybody answers, "No; the authority of man is only the authority of
  2065. the law, which ought to be justice and truth." The private will counts
  2066. for nothing in government, which consists, first, in discovering truth
  2067. and justice in order to make the law; and, second, in superintending the
  2068. execution of this law. I do not now inquire whether our constitutional
  2069. form of government satisfies these conditions; whether, for example, the
  2070. will of the ministry never influences the declaration and interpretation
  2071. of the law; or whether our deputies, in their debates, are more intent
  2072. on conquering by argument than by force of numbers: it is enough for me
  2073. that my definition of a good government is allowed to be correct. This
  2074. idea is exact. Yet we see that nothing seems more just to the Oriental
  2075. nations than the despotism of their sovereigns; that, with the ancients
  2076. and in the opinion of the philosophers themselves, slavery was just;
  2077. that in the middle ages the nobles, the priests, and the bishops felt
  2078. justified in holding slaves; that Louis XIV. thought that he was right
  2079. when he said, "The State! I am the State;" and that Napoleon deemed it
  2080. a crime for the State to oppose his will. The idea of justice, then,
  2081. applied to sovereignty and government, has not always been what it is
  2082. to-day; it has gone on developing and shaping itself by degrees, until
  2083. it has arrived at its present state. But has it reached its last phase?
  2084. I think not: only, as the last obstacle to be overcome arises from the
  2085. institution of property which we have kept intact, in order to finish
  2086. the reform in government and consummate the revolution, this very
  2087. institution we must attack.
  2088. Is political and civil inequality just?
  2089. Some say yes; others no. To the first I would reply that, when the
  2090. people abolished all privileges of birth and caste, they did it, in all
  2091. probability, because it was for their advantage; why then do they favor
  2092. the privileges of fortune more than those of rank and race? Because, say
  2093. they, political inequality is a result of property; and without property
  2094. society is impossible: thus the question just raised becomes a question
  2095. of property. To the second I content myself with this remark: If you
  2096. wish to enjoy political equality, abolish property; otherwise, why do
  2097. you complain?
  2098. Is property just?
  2099. Everybody answers without hesitation, "Yes, property is just." I say
  2100. everybody, for up to the present time no one who thoroughly understood
  2101. the meaning of his words has answered no. For it is no easy thing to
  2102. reply understandingly to such a question; only time and experience can
  2103. furnish an answer. Now, this answer is given; it is for us to understand
  2104. it. I undertake to prove it.
  2105. We are to proceed with the demonstration in the following order:--
  2106. I. We dispute not at all, we refute nobody, we deny nothing; we accept
  2107. as sound all the arguments alleged in favor of property, and confine
  2108. ourselves to a search for its principle, in order that we may then
  2109. ascertain whether this principle is faithfully expressed by property. In
  2110. fact, property being defensible on no ground save that of justice, the
  2111. idea, or at least the intention, of justice must of necessity underlie
  2112. all the arguments that have been made in defence of property; and, as on
  2113. the other hand the right of property is only exercised over those things
  2114. which can be appreciated by the senses, justice, secretly objectifying
  2115. itself, so to speak, must take the shape of an algebraic formula.
  2116. By this method of investigation, we soon see that every argument which
  2117. has been invented in behalf of property, WHATEVER IT MAY BE, always and
  2118. of necessity leads to equality; that is, to the negation of property.
  2119. The first part covers two chapters: one treating of occupation, the
  2120. foundation of our right; the other, of labor and talent, considered as
  2121. causes of property and social inequality.
  2122. The first of these chapters will prove that the right of occupation
  2123. OBSTRUCTS property; the second that the right of labor DESTROYS it.
  2124. II. Property, then, being of necessity conceived as existing only in
  2125. connection with equality, it remains to find out why, in spite of this
  2126. necessity of logic, equality does not exist. This new investigation also
  2127. covers two chapters: in the first, considering the fact of property in
  2128. itself, we inquire whether this fact is real, whether it exists, whether
  2129. it is possible; for it would imply a contradiction, were these two
  2130. opposite forms of society, equality and inequality, both possible. Then
  2131. we discover, singularly enough, that property may indeed manifest
  2132. itself accidentally; but that, as an institution and principle, it is
  2133. mathematically impossible. So that the axiom of the school--ab actu ad
  2134. posse valet consecutio: from the actual to the possible the inference is
  2135. good--is given the lie as far as property is concerned.
  2136. Finally, in the last chapter, calling psychology to our aid, and
  2137. probing man's nature to the bottom, we shall disclose the principle of
  2138. JUSTICE--its formula and character; we shall state with precision the
  2139. organic law of society; we shall explain the origin of property, the
  2140. causes of its establishment, its long life, and its approaching death;
  2141. we shall definitively establish its identity with robbery. And, after
  2142. having shown that these three prejudices--THE SOVEREIGNTY OF MAN, THE
  2143. INEQUALITY OF CONDITIONS, AND PROPERTY--are one and the same; that they
  2144. may be taken for each other, and are reciprocally convertible,--we
  2145. shall have no trouble in inferring therefrom, by the principle
  2146. of contradiction, the basis of government and right. There our
  2147. investigations will end, reserving the right to continue them in future
  2148. works.
  2149. The importance of the subject which engages our attention is recognized
  2150. by all minds.
  2151. "Property," says M. Hennequin, "is the creative and conservative
  2152. principle of civil society. Property is one of those basic institutions,
  2153. new theories concerning which cannot be presented too soon; for it must
  2154. not be forgotten, and the publicist and statesman must know, that on the
  2155. answer to the question whether property is the principle or the result
  2156. of social order, whether it is to be considered as a cause or an effect,
  2157. depends all morality, and, consequently, all the authority of human
  2158. institutions."
  2159. These words are a challenge to all men of hope and faith; but, although
  2160. the cause of equality is a noble one, no one has yet picked up the
  2161. gauntlet thrown down by the advocates of property; no one has been
  2162. courageous enough to enter upon the struggle. The spurious learning of
  2163. haughty jurisprudence, and the absurd aphorisms of a political economy
  2164. controlled by property have puzzled the most generous minds; it is a
  2165. sort of password among the most influential friends of liberty and
  2166. the interests of the people that EQUALITY IS A CHIMERA! So many false
  2167. theories and meaningless analogies influence minds otherwise keen,
  2168. but which are unconsciously controlled by popular prejudice. Equality
  2169. advances every day--fit aequalitas. Soldiers of liberty, shall we desert
  2170. our flag in the hour of triumph?
  2171. A defender of equality, I shall speak without bitterness and without
  2172. anger; with the independence becoming a philosopher, with the courage
  2173. and firmness of a free man. May I, in this momentous struggle, carry
  2174. into all hearts the light with which I am filled; and show, by the
  2175. success of my argument, that equality failed to conquer by the sword
  2176. only that it might conquer by the pen!
  2177. CHAPTER II. PROPERTY CONSIDERED AS A NATURAL RIGHT
  2178. PROPERTY CONSIDERED AS A NATURAL RIGHT.--OCCUPATION AND
  2179. CIVIL LAW AS EFFICIENT BASES OF PROPERTY. DEFINITIONS.
  2180. The Roman law defined property as the right to use and abuse one's own
  2181. within the limits of the law--jus utendi et abutendi re sua, quatenus
  2182. juris ratio patitur. A justification of the word ABUSE has been
  2183. attempted, on the ground that it signifies, not senseless and immoral
  2184. abuse, but only absolute domain. Vain distinction! invented as an excuse
  2185. for property, and powerless against the frenzy of possession, which it
  2186. neither prevents nor represses. The proprietor may, if he chooses, allow
  2187. his crops to rot under foot; sow his field with salt; milk his cows
  2188. on the sand; change his vineyard into a desert, and use his
  2189. vegetable-garden as a park: do these things constitute abuse, or not? In
  2190. the matter of property, use and abuse are necessarily indistinguishable.
  2191. According to the Declaration of Rights, published as a preface to the
  2192. Constitution of '93, property is "the right to enjoy and dispose at
  2193. will of one's goods, one's income, and the fruit of one's labor and
  2194. industry."
  2195. Code Napoleon, article 544: "Property is the right to enjoy and dispose
  2196. of things in the most absolute manner, provided we do not overstep the
  2197. limits prescribed by the laws and regulations."
  2198. These two definitions do not differ from that of the Roman law: all
  2199. give the proprietor an absolute right over a thing; and as for the
  2200. restriction imposed by the code,--PROVIDED WE DO NOT OVERSTEP THE LIMITS
  2201. PRESCRIBED BY THE LAWS AND REGULATIONS,--its object is not to limit
  2202. property, but to prevent the domain of one proprietor from interfering
  2203. with that of another. That is a confirmation of the principle, not a
  2204. limitation of it.
  2205. There are different kinds of property: 1. Property pure and simple, the
  2206. dominant and seigniorial power over a thing; or, as they term it, NAKED
  2207. PROPERTY. 2. POSSESSION. "Possession," says Duranton, "is a matter of
  2208. fact, not of right." Toullier: "Property is a right, a legal power;
  2209. possession is a fact." The tenant, the farmer, the commandite, the
  2210. usufructuary, are possessors; the owner who lets and lends for use, the
  2211. heir who is to come into possession on the death of a usufructuary, are
  2212. proprietors. If I may venture the comparison: a lover is a possessor, a
  2213. husband is a proprietor.
  2214. This double definition of property--domain and possession--is of the
  2215. highest importance; and it must be clearly understood, in order to
  2216. comprehend what is to follow.
  2217. From the distinction between possession and property arise two sorts of
  2218. rights: the jus in re, the right in a thing, the right by which I may
  2219. reclaim the property which I have acquired, in whatever hands I find
  2220. it; and the jus ad rem, the right TO a thing, which gives me a claim to
  2221. become a proprietor. Thus the right of the partners to a marriage over
  2222. each other's person is the jus in re; that of two who are betrothed is
  2223. only the jus ad rem. In the first, possession and property are united;
  2224. the second includes only naked property. With me who, as a laborer,
  2225. have a right to the possession of the products of Nature and my own
  2226. industry,--and who, as a proletaire, enjoy none of them,--it is by
  2227. virtue of the jus ad rem that I demand admittance to the jus in re.
  2228. This distinction between the jus in re and the jus ad rem is the basis
  2229. of the famous distinction between possessoire and petitoire,--actual
  2230. categories of jurisprudence, the whole of which is included within their
  2231. vast boundaries. Petitoire refers to every thing relating to property;
  2232. possessoire to that relating to possession. In writing this memoir
  2233. against property, I bring against universal society an action petitoire:
  2234. I prove that those who do not possess to-day are proprietors by the same
  2235. title as those who do possess; but, instead of inferring therefrom
  2236. that property should be shared by all, I demand, in the name of general
  2237. security, its entire abolition. If I fail to win my case, there is
  2238. nothing left for us (the proletarian class and myself) but to cut our
  2239. throats: we can ask nothing more from the justice of nations; for, as
  2240. the code of procedure (art 26) tells us in its energetic style, THE
  2241. PLAINTIFF WHO HAS BEEN NON-SUITED IN AN ACTION PETITOIRE, IS DEBARRED
  2242. THEREBY FROM BRINGING AN ACTION POSSESSOIRE. If, on the contrary, I gain
  2243. the case, we must then commence an action possessoire, that we may be
  2244. reinstated in the enjoyment of the wealth of which we are deprived by
  2245. property. I hope that we shall not be forced to that extremity; but
  2246. these two actions cannot be prosecuted at once, such a course being
  2247. prohibited by the same code of procedure.
  2248. Before going to the heart of the question, it will not be useless to
  2249. offer a few preliminary remarks.
  2250. % 1.--Property as a Natural Right.
  2251. The Declaration of Rights has placed property in its list of the natural
  2252. and inalienable rights of man, four in all: LIBERTY, EQUALITY, PROPERTY,
  2253. SECURITY. What rule did the legislators of '93 follow in compiling
  2254. this list? None. They laid down principles, just as they discussed
  2255. sovereignty and the laws; from a general point of view, and according to
  2256. their own opinion. They did every thing in their own blind way.
  2257. If we can believe Toullier: "The absolute rights can be reduced to
  2258. three: SECURITY, LIBERTY, PROPERTY." Equality is eliminated by the
  2259. Rennes professor; why? Is it because LIBERTY implies it, or because
  2260. property prohibits it? On this point the author of "Droit Civil
  2261. Explique" is silent: it has not even occurred to him that the matter is
  2262. under discussion.
  2263. Nevertheless, if we compare these three or four rights with each other,
  2264. we find that property bears no resemblance whatever to the others;
  2265. that for the majority of citizens it exists only potentially, and as a
  2266. dormant faculty without exercise; that for the others, who do enjoy it,
  2267. it is susceptible of certain transactions and modifications which do
  2268. not harmonize with the idea of a natural right; that, in practice,
  2269. governments, tribunals, and laws do not respect it; and finally that
  2270. everybody, spontaneously and with one voice, regards it as chimerical.
  2271. Liberty is inviolable. I can neither sell nor alienate my liberty;
  2272. every contract, every condition of a contract, which has in view the
  2273. alienation or suspension of liberty, is null: the slave, when he plants
  2274. his foot upon the soil of liberty, at that moment becomes a free man.
  2275. When society seizes a malefactor and deprives him of his liberty, it is
  2276. a case of legitimate defence: whoever violates the social compact by the
  2277. commission of a crime declares himself a public enemy; in attacking the
  2278. liberty of others, he compels them to take away his own. Liberty is the
  2279. original condition of man; to renounce liberty is to renounce the nature
  2280. of man: after that, how could we perform the acts of man?
  2281. Likewise, equality before the law suffers neither restriction nor
  2282. exception. All Frenchmen are equally eligible to office: consequently,
  2283. in the presence of this equality, condition and family have, in many
  2284. cases, no influence upon choice. The poorest citizen can obtain judgment
  2285. in the courts against one occupying the most exalted station. Let the
  2286. millionaire, Ahab, build a chateau upon the vineyard of Naboth: the
  2287. court will have the power, according to the circumstances, to order the
  2288. destruction of the chateau, though it has cost millions; and to force
  2289. the trespasser to restore the vineyard to its original state, and pay
  2290. the damages. The law wishes all property, that has been legitimately
  2291. acquired, to be kept inviolate without regard to value, and without
  2292. respect for persons.
  2293. The charter demands, it is true, for the exercise of certain political
  2294. rights, certain conditions of fortune and capacity; but all publicists
  2295. know that the legislator's intention was not to establish a privilege,
  2296. but to take security. Provided the conditions fixed by law are complied
  2297. with, every citizen may be an elector, and every elector eligible. The
  2298. right, once acquired, is the same for all; the law compares neither
  2299. persons nor votes. I do not ask now whether this system is the best; it
  2300. is enough that, in the opinion of the charter and in the eyes of every
  2301. one, equality before the law is absolute, and, like liberty, admits of
  2302. no compromise.
  2303. It is the same with the right of security. Society promises its members
  2304. no half-way protection, no sham defence; it binds itself to them as
  2305. they bind themselves to it. It does not say to them, "I will shield
  2306. you, provided it costs me nothing; I will protect you, if I run no risks
  2307. thereby." It says, "I will defend you against everybody; I will save and
  2308. avenge you, or perish myself."
  2309. The whole strength of the State is at the service of each citizen; the
  2310. obligation which binds them together is absolute.
  2311. How different with property! Worshipped by all, it is acknowledged by
  2312. none: laws, morals, customs, public and private conscience, all plot its
  2313. death and ruin.
  2314. To meet the expenses of government, which has armies to support, tasks
  2315. to perform, and officers to pay, taxes are needed. Let all contribute to
  2316. these expenses: nothing more just. But why should the rich pay more than
  2317. the poor? That is just, they say, because they possess more. I confess
  2318. that such justice is beyond my comprehension.
  2319. Why are taxes paid? To protect all in the exercise of their natural
  2320. rights--liberty, equality, security, and property; to maintain order in
  2321. the State; to furnish the public with useful and pleasant conveniences.
  2322. Now, does it cost more to defend the rich man's life and liberty than
  2323. the poor man's? Who, in time of invasion, famine, or plague, causes
  2324. more trouble,--the large proprietor who escapes the evil without
  2325. the assistance of the State, or the laborer who sits in his cottage
  2326. unprotected from danger?
  2327. Is public order endangered more by the worthy citizen, or by the artisan
  2328. and journeyman? Why, the police have more to fear from a few hundred
  2329. laborers, out of work, than from two hundred thousand electors!
  2330. Does the man of large income appreciate more keenly than the poor man
  2331. national festivities, clean streets, and beautiful monuments?
  2332. Why, he prefers his country-seat to all the popular pleasures; and when
  2333. he wants to enjoy himself, he does not wait for the greased pole!
  2334. One of two things is true: either the proportional tax affords greater
  2335. security to the larger tax-payers, or else it is a wrong.
  2336. Because, if property is a natural right, as the Declaration of '93
  2337. declares, all that belongs to me by virtue of this right is as sacred as
  2338. my person; it is my blood, my life, myself: whoever touches it offends
  2339. the apple of my eye. My income of one hundred thousand francs is as
  2340. inviolable as the grisette's daily wage of seventy-five centimes; her
  2341. attic is no more sacred than my suite of apartments. The tax is not
  2342. levied in proportion to strength, size, or skill: no more should it be
  2343. levied in proportion to property.
  2344. If, then, the State takes more from me, let it give me more in return,
  2345. or cease to talk of equality of rights; for otherwise, society is
  2346. established, not to defend property, but to destroy it. The State,
  2347. through the proportional tax, becomes the chief of robbers; the State
  2348. sets the example of systematic pillage: the State should be brought to
  2349. the bar of justice at the head of those hideous brigands, that execrable
  2350. mob which it now kills from motives of professional jealousy.
  2351. But, they say, the courts and the police force are established to
  2352. restrain this mob; government is a company, not exactly for insurance,
  2353. for it does not insure, but for vengeance and repression. The premium
  2354. which this company exacts, the tax, is divided in proportion to
  2355. property; that is, in proportion to the trouble which each piece of
  2356. property occasions the avengers and repressers paid by the government.
  2357. This is any thing but the absolute and inalienable right of property.
  2358. Under this system the poor and the rich distrust, and make war upon,
  2359. each other. But what is the object of the war? Property. So that
  2360. property is necessarily accompanied by war upon property. The liberty
  2361. and security of the rich do not suffer from the liberty and security
  2362. of the poor; far from that, they mutually strengthen and sustain each
  2363. other. The rich man's right of property, on the contrary, has to be
  2364. continually defended against the poor man's desire for property. What
  2365. a contradiction! In England they have a poor-rate: they wish me to pay
  2366. this tax. But what relation exists between my natural and inalienable
  2367. right of property and the hunger from which ten million wretched people
  2368. are suffering? When religion commands us to assist our fellows, it
  2369. speaks in the name of charity, not in the name of law. The obligation
  2370. of benevolence, imposed upon me by Christian morality, cannot be imposed
  2371. upon me as a political tax for the benefit of any person or poor-house.
  2372. I will give alms when I see fit to do so, when the sufferings of others
  2373. excite in me that sympathy of which philosophers talk, and in which I do
  2374. not believe: I will not be forced to bestow them. No one is obliged to
  2375. do more than comply with this injunction: IN THE EXERCISE OF YOUR OWN
  2376. RIGHTS DO NOT ENCROACH UPON THE RIGHTS OF ANOTHER; an injunction which
  2377. is the exact definition of liberty. Now, my possessions are my own;
  2378. no one has a claim upon them: I object to the placing of the third
  2379. theological virtue in the order of the day.
  2380. Everybody, in France, demands the conversion of the five per cent.
  2381. bonds; they demand thereby the complete sacrifice of one species of
  2382. property. They have the right to do it, if public necessity requires it;
  2383. but where is the just indemnity promised by the charter? Not only
  2384. does none exist, but this indemnity is not even possible; for, if the
  2385. indemnity were equal to the property sacrificed, the conversion would be
  2386. useless.
  2387. The State occupies the same position to-day toward the bondholders
  2388. that the city of Calais did, when besieged by Edward III, toward its
  2389. notables. The English conqueror consented to spare its inhabitants,
  2390. provided it would surrender to him its most distinguished citizens to do
  2391. with as he pleased. Eustache and several others offered themselves; it
  2392. was noble in them, and our ministers should recommend their example to
  2393. the bondholders. But had the city the right to surrender them? Assuredly
  2394. not. The right to security is absolute; the country can require no one
  2395. to sacrifice himself. The soldier standing guard within the enemy's
  2396. range is no exception to this rule. Wherever a citizen stands guard,
  2397. the country stands guard with him: to-day it is the turn of the one,
  2398. to-morrow of the other. When danger and devotion are common, flight is
  2399. parricide. No one has the right to flee from danger; no one can serve
  2400. as a scapegoat. The maxim of Caiaphas--IT IS RIGHT THAT A MAN SHOULD DIE
  2401. FOR HIS NATION--is that of the populace and of tyrants; the two extremes
  2402. of social degradation.
  2403. It is said that all perpetual annuities are essentially redeemable. This
  2404. maxim of civil law, applied to the State, is good for those who wish to
  2405. return to the natural equality of labor and wealth; but, from the point
  2406. of view of the proprietor, and in the mouth of conversionists, it is
  2407. the language of bankrupts. The State is not only a borrower, it is an
  2408. insurer and guardian of property; granting the best of security, it
  2409. assures the most inviolable possession. How, then, can it force open the
  2410. hands of its creditors, who have confidence in it, and then talk to
  2411. them of public order and security of property? The State, in such
  2412. an operation, is not a debtor who discharges his debt; it is a
  2413. stock-company which allures its stockholders into a trap, and there,
  2414. contrary to its authentic promise, exacts from them twenty, thirty, or
  2415. forty per cent. of the interest on their capital.
  2416. That is not all. The State is a university of citizens joined together
  2417. under a common law by an act of society. This act secures all in the
  2418. possession of their property; guarantees to one his field, to another
  2419. his vineyard, to a third his rents, and to the bondholder, who might
  2420. have bought real estate but who preferred to come to the assistance of
  2421. the treasury, his bonds. The State cannot demand, without offering an
  2422. equivalent, the sacrifice of an acre of the field or a corner of the
  2423. vineyard; still less can it lower rents: why should it have the right
  2424. to diminish the interest on bonds? This right could not justly exist,
  2425. unless the bondholder could invest his funds elsewhere to equal
  2426. advantage; but being confined to the State, where can he find a place to
  2427. invest them, since the cause of conversion, that is, the power to borrow
  2428. to better advantage, lies in the State? That is why a government, based
  2429. on the principle of property, cannot redeem its annuities without the
  2430. consent of their holders.
  2431. The money deposited with the republic is property which it has no right
  2432. to touch while other kinds of property are respected; to force
  2433. their redemption is to violate the social contract, and outlaw the
  2434. bondholders.
  2435. The whole controversy as to the conversion of bonds finally reduces
  2436. itself to this:--
  2437. QUESTION. Is it just to reduce to misery forty-five thousand families
  2438. who derive an income from their bonds of one hundred francs or less?
  2439. ANSWER. Is it just to compel seven or eight millions of tax-payers to
  2440. pay a tax of five francs, when they should pay only three? It is clear,
  2441. in the first place, that the reply is in reality no reply; but, to make
  2442. the wrong more apparent, let us change it thus: Is it just to endanger
  2443. the lives of one hundred thousand men, when we can save them by
  2444. surrendering one hundred heads to the enemy? Reader, decide!
  2445. All this is clearly understood by the defenders of the present system.
  2446. Yet, nevertheless, sooner or later, the conversion will be effected
  2447. and property be violated, because no other course is possible; because
  2448. property, regarded as a right, and not being a right, must of right
  2449. perish; because the force of events, the laws of conscience, and
  2450. physical and mathematical necessity must, in the end, destroy this
  2451. illusion of our minds.
  2452. To sum up: liberty is an absolute right, because it is to man what
  2453. impenetrability is to matter,--a sine qua non of existence; equality
  2454. is an absolute right, because without equality there is no society;
  2455. security is an absolute right, because in the eyes of every man his own
  2456. liberty and life are as precious as another's. These three rights are
  2457. absolute; that is, susceptible of neither increase nor diminution;
  2458. because in society each associate receives as much as he gives,--liberty
  2459. for liberty, equality for equality, security for security, body for
  2460. body, soul for soul, in life and in death.
  2461. But property, in its derivative sense, and by the definitions of law, is
  2462. a right outside of society; for it is clear that, if the wealth of each
  2463. was social wealth, the conditions would be equal for all, and it would
  2464. be a contradiction to say: PROPERTY IS A MAN'S RIGHT TO DISPOSE AT WILL
  2465. OF SOCIAL PROPERTY. Then if we are associated for the sake of liberty,
  2466. equality, and security, we are not associated for the sake of property;
  2467. then if property is a NATURAL right, this natural right is not SOCIAL,
  2468. but ANTI-SOCIAL. Property and society are utterly irreconcilable
  2469. institutions. It is as impossible to associate two proprietors as to
  2470. join two magnets by their opposite poles. Either society must perish, or
  2471. it must destroy property.
  2472. If property is a natural, absolute, imprescriptible, and inalienable
  2473. right, why, in all ages, has there been so much speculation as to its
  2474. origin?--for this is one of its distinguishing characteristics. The
  2475. origin of a natural right! Good God! who ever inquired into the origin
  2476. of the rights of liberty, security, or equality? They exist by the same
  2477. right that we exist; they are born with us, they live and die with us.
  2478. With property it is very different, indeed. By law, property can exist
  2479. without a proprietor, like a quality without a subject. It exists for
  2480. the human being who as yet is not, and for the octogenarian who is no
  2481. more. And yet, in spite of these wonderful prerogatives which savor
  2482. of the eternal and the infinite, they have never found the origin of
  2483. property; the doctors still disagree. On one point only are they in
  2484. harmony: namely, that the validity of the right of property depends upon
  2485. the authenticity of its origin. But this harmony is their condemnation.
  2486. Why have they acknowledged the right before settling the question of
  2487. origin?
  2488. Certain classes do not relish investigation into the pretended titles to
  2489. property, and its fabulous and perhaps scandalous history. They wish to
  2490. hold to this proposition: that property is a fact; that it always has
  2491. been, and always will be. With that proposition the savant Proudhon [11]
  2492. commenced his "Treatise on the Right of Usufruct," regarding the origin
  2493. of property as a useless question. Perhaps I would subscribe to this
  2494. doctrine, believing it inspired by a commendable love of peace, were
  2495. all my fellow-citizens in comfortable circumstances; but, no! I will not
  2496. subscribe to it.
  2497. The titles on which they pretend to base the right of property are two
  2498. in number: OCCUPATION and LABOR. I shall examine them successively,
  2499. under all their aspects and in detail; and I remind the reader that,
  2500. to whatever authority we appeal, I shall prove beyond a doubt that
  2501. property, to be just and possible, must necessarily have equality for
  2502. its condition.
  2503. % 2.--Occupation, as the Title to Property.
  2504. It is remarkable that, at those meetings of the State Council at which
  2505. the Code was discussed, no controversy arose as to the origin and
  2506. principle of property. All the articles of Vol. II., Book 2, concerning
  2507. property and the right of accession, were passed without opposition or
  2508. amendment. Bonaparte, who on other questions had given his legists so
  2509. much trouble, had nothing to say about property. Be not surprised at it:
  2510. in the eyes of that man, the most selfish and wilful person that ever
  2511. lived, property was the first of rights, just as submission to authority
  2512. was the most holy of duties.
  2513. The right of OCCUPATION, or of the FIRST OCCUPANT, is that which results
  2514. from the actual, physical, real possession of a thing. I occupy a
  2515. piece of land; the presumption is, that I am the proprietor, until
  2516. the contrary is proved. We know that originally such a right cannot be
  2517. legitimate unless it is reciprocal; the jurists say as much.
  2518. Cicero compares the earth to a vast theatre: _Quemadmodum theatrum cum
  2519. commune sit, recte tamen dici potest ejus esse eum locum quem quisque
  2520. occuparit_.
  2521. This passage is all that ancient philosophy has to say about the origin
  2522. of property.
  2523. The theatre, says Cicero, is common to all; nevertheless, the place that
  2524. each one occupies is called HIS OWN; that is, it is a place POSSESSED,
  2525. not a place APPROPRIATED. This comparison annihilates property;
  2526. moreover, it implies equality. Can I, in a theatre, occupy at the same
  2527. time one place in the pit, another in the boxes, and a third in the
  2528. gallery? Not unless I have three bodies, like Geryon, or can exist
  2529. in different places at the same time, as is related of the magician
  2530. Apollonius.
  2531. According to Cicero, no one has a right to more than he needs: such
  2532. is the true interpretation of his famous axiom--_suum quidque cujusque
  2533. sit_, to each one that which belongs to him--an axiom that has been
  2534. strangely applied. That which belongs to each is not that which each MAY
  2535. possess, but that which each HAS A RIGHT to possess. Now, what have we a
  2536. right to possess? That which is required for our labor and consumption;
  2537. Cicero's comparison of the earth to a theatre proves it. According to
  2538. that, each one may take what place he will, may beautify and adorn it,
  2539. if he can; it is allowable: but he must never allow himself to overstep
  2540. the limit which separates him from another. The doctrine of Cicero leads
  2541. directly to equality; for, occupation being pure toleration, if the
  2542. toleration is mutual (and it cannot be otherwise) the possessions are
  2543. equal.
  2544. Grotius rushes into history; but what kind of reasoning is that which
  2545. seeks the origin of a right, said to be natural, elsewhere than in
  2546. Nature? This is the method of the ancients: the fact exists, then it
  2547. is necessary, then it is just, then its antecedents are just also.
  2548. Nevertheless, let us look into it.
  2549. "Originally, all things were common and undivided; they were the
  2550. property of all." Let us go no farther. Grotius tells us how this
  2551. original communism came to an end through ambition and cupidity; how the
  2552. age of gold was followed by the age of iron, &c. So that property rested
  2553. first on war and conquest, then on treaties and agreements. But either
  2554. these treaties and agreements distributed wealth equally, as did the
  2555. original communism (the only method of distribution with which the
  2556. barbarians were acquainted, and the only form of justice of which they
  2557. could conceive; and then the question of origin assumes this form:
  2558. how did equality afterwards disappear?)--or else these treaties and
  2559. agreements were forced by the strong upon the weak, and in that case
  2560. they are null; the tacit consent of posterity does not make them valid,
  2561. and we live in a permanent condition of iniquity and fraud.
  2562. We never can conceive how the equality of conditions, having once
  2563. existed, could afterwards have passed away. What was the cause of such
  2564. degeneration? The instincts of the animals are unchangeable, as well
  2565. as the differences of species; to suppose original equality in human
  2566. society is to admit by implication that the present inequality is
  2567. a degeneration from the nature of this society,--a thing which the
  2568. defenders of property cannot explain. But I infer therefrom that, if
  2569. Providence placed the first human beings in a condition of equality, it
  2570. was an indication of its desires, a model that it wished them to realize
  2571. in other forms; just as the religious sentiment, which it planted in
  2572. their hearts, has developed and manifested itself in various ways. Man
  2573. has but one nature, constant and unalterable: he pursues it through
  2574. instinct, he wanders from it through reflection, he returns to it
  2575. through judgment; who shall say that we are not returning now? According
  2576. to Grotius, man has abandoned equality; according to me, he will yet
  2577. return to it. How came he to abandon it? Why will he return to it? These
  2578. are questions for future consideration.
  2579. Reid writes as follows:--
  2580. "The right of property is not innate, but acquired. It is not grounded
  2581. upon the constitution of man, but upon his actions. Writers on
  2582. jurisprudence have explained its origin in a manner that may satisfy
  2583. every man of common understanding.
  2584. "The earth is given to men in common for the purposes of life, by the
  2585. bounty of Heaven. But to divide it, and appropriate one part of its
  2586. produce to one, another part to another, must be the work of men
  2587. who have power and understanding given them, by which every man may
  2588. accommodate himself, WITHOUT HURT TO ANY OTHER.
  2589. "This common right of every man to what the earth produces, before it
  2590. be occupied and appropriated by others, was, by ancient moralists, very
  2591. properly compared to the right which every citizen had to the public
  2592. theatre, where every man that came might occupy an empty seat, and
  2593. thereby acquire a right to it while the entertainment lasted; but no man
  2594. had a right to dispossess another.
  2595. "The earth is a great theatre, furnished by the Almighty, with perfect
  2596. wisdom and goodness, for the entertainment and employment of all
  2597. mankind. Here every man has a right to accommodate himself as a
  2598. spectator, and to perform his part as an actor; but without hurt to
  2599. others."
  2600. Consequences of Reid's doctrine.
  2601. 1. That the portion which each one appropriates may wrong no one, it
  2602. must be equal to the quotient of the total amount of property to be
  2603. shared, divided by the number of those who are to share it;
  2604. 2. The number of places being of necessity equal at all times to that
  2605. of the spectators, no spectator can occupy two places, nor can any actor
  2606. play several parts;
  2607. 3. Whenever a spectator comes in or goes out, the places of all contract
  2608. or enlarge correspondingly: for, says Reid, "THE RIGHT OF PROPERTY
  2609. IS NOT INNATE, BUT ACQUIRED;" consequently, it is not absolute;
  2610. consequently, the occupancy on which it is based, being a conditional
  2611. fact, cannot endow this right with a stability which it does not possess
  2612. itself. This seems to have been the thought of the Edinburgh professor
  2613. when he added:--
  2614. "A right to life implies a right to the necessary means of life; and
  2615. that justice, which forbids the taking away the life of an innocent man,
  2616. forbids no less the taking from him the necessary means of life. He has
  2617. the same right to defend the one as the other. To hinder another man's
  2618. innocent labor, or to deprive him of the fruit of it, is an injustice
  2619. of the same kind, and has the same effect as to put him in fetters or in
  2620. prison, and is equally a just object of resentment."
  2621. Thus the chief of the Scotch school, without considering at all the
  2622. inequality of skill or labor, posits a priori the equality of the means
  2623. of labor, abandoning thereafter to each laborer the care of his own
  2624. person, after the eternal axiom: WHOSO DOES WELL, SHALL FARE WELL.
  2625. The philosopher Reid is lacking, not in knowledge of the principle, but
  2626. in courage to pursue it to its ultimate. If the right of life is equal,
  2627. the right of labor is equal, and so is the right of occupancy. Would
  2628. it not be criminal, were some islanders to repulse, in the name of
  2629. property, the unfortunate victims of a shipwreck struggling to reach
  2630. the shore? The very idea of such cruelty sickens the imagination. The
  2631. proprietor, like Robinson Crusoe on his island, wards off with pike and
  2632. musket the proletaire washed overboard by the wave of civilization, and
  2633. seeking to gain a foothold upon the rocks of property. "Give me work!"
  2634. cries he with all his might to the proprietor: "don't drive me away, I
  2635. will work for you at any price." "I do not need your services," replies
  2636. the proprietor, showing the end of his pike or the barrel of his gun.
  2637. "Lower my rent at least." "I need my income to live upon." "How can
  2638. I pay you, when I can get no work?" "That is your business." Then the
  2639. unfortunate proletaire abandons himself to the waves; or, if he attempts
  2640. to land upon the shore of property, the proprietor takes aim, and kills
  2641. him.
  2642. We have just listened to a spiritualist; we will now question a
  2643. materialist, then an eclectic: and having completed the circle of
  2644. philosophy, we will turn next to law.
  2645. According to Destutt de Tracy, property is a necessity of our nature.
  2646. That this necessity involves unpleasant consequences, it would be
  2647. folly to deny. But these consequences are necessary evils which do not
  2648. invalidate the principle; so that it is as unreasonable to rebel against
  2649. property on account of the abuses which it generates, as to complain
  2650. of life because it is sure to end in death. This brutal and pitiless
  2651. philosophy promises at least frank and close reasoning. Let us see if it
  2652. keeps its promise.
  2653. "We talk very gravely about the conditions of property,... as if it was
  2654. our province to decide what constitutes property.... It would seem, to
  2655. hear certain philosophers and legislators, that at a certain moment,
  2656. spontaneously and without cause, people began to use the words THINE and
  2657. MINE; and that they might have, or ought to have, dispensed with them.
  2658. But THINE and MINE were never invented."
  2659. A philosopher yourself, you are too realistic. THINE and MINE do not
  2660. necessarily refer to self, as they do when I say your philosophy, and my
  2661. equality; for your philosophy is you philosophizing, and my equality is
  2662. I professing equality. THINE and MINE oftener indicate a relation,--YOUR
  2663. country, YOUR parish, YOUR tailor, YOUR milkmaid; MY chamber, MY seat at
  2664. the theatre, MY company and MY battalion in the National Guard. In the
  2665. former sense, we may sometimes say MY labor, MY skill, MY virtue; never
  2666. MY grandeur nor MY majesty: in the latter sense only, MY field, MY
  2667. house, MY vineyard, MY capital,--precisely as the banker's clerk says
  2668. MY cash-box. In short, THINE and MINE are signs and expressions of
  2669. personal, but equal, rights; applied to things outside of us, they
  2670. indicate possession, function, use, not property.
  2671. It does not seem possible, but, nevertheless, I shall prove, by
  2672. quotations, that the whole theory of our author is based upon this
  2673. paltry equivocation.
  2674. "Prior to all covenants, men are, not exactly, as Hobbes says, in a
  2675. state of HOSTILITY, but of ESTRANGEMENT. In this state, justice and
  2676. injustice are unknown; the rights of one bear no relation to the rights
  2677. of another. All have as many rights as needs, and all feel it their duty
  2678. to satisfy those needs by any means at their command."
  2679. Grant it; whether true or false, it matters not. Destutt de Tracy cannot
  2680. escape equality. On this theory, men, while in a state of ESTRANGEMENT,
  2681. are under no obligations to each other; they all have the right
  2682. to satisfy their needs without regard to the needs of others, and
  2683. consequently the right to exercise their power over Nature, each
  2684. according to his strength and ability. That involves the greatest
  2685. inequality of wealth. Inequality of conditions, then, is the
  2686. characteristic feature of estrangement or barbarism: the exact opposite
  2687. of Rousseau's idea.
  2688. But let us look farther:--
  2689. "Restrictions of these rights and this duty commence at the time when
  2690. covenants, either implied or expressed, are agreed upon. Then appears
  2691. for the first time justice and injustice; that is, the balance between
  2692. the rights of one and the rights of another, which up to that time were
  2693. necessarily equal."
  2694. Listen: RIGHTS WERE EQUAL; that means that each individual had the right
  2695. to SATISFY HIS NEEDS WITHOUT REFERENCE TO THE NEEDS OF OTHERS. In other
  2696. words, that all had the right to injure each other; that there was no
  2697. right save force and cunning. They injured each other, not only by war
  2698. and pillage, but also by usurpation and appropriation. Now, in order to
  2699. abolish this equal right to use force and stratagem,--this equal
  2700. right to do evil, the sole source of the inequality of benefits and
  2701. injuries,--they commenced to make COVENANTS EITHER IMPLIED OR EXPRESSED,
  2702. and established a balance. Then these agreements and this balance
  2703. were intended to secure to all equal comfort; then, by the law of
  2704. contradictions, if isolation is the principle of inequality, society
  2705. must produce equality. The social balance is the equalization of the
  2706. strong and the weak; for, while they are not equals, they are strangers;
  2707. they can form no associations,--they live as enemies. Then, if
  2708. inequality of conditions is a necessary evil, so is isolation, for
  2709. society and inequality are incompatible with each other. Then, if
  2710. society is the true condition of man's existence, so is equality also.
  2711. This conclusion cannot be avoided.
  2712. This being so, how is it that, ever since the establishment of this
  2713. balance, inequality has been on the increase? How is it that justice and
  2714. isolation always accompany each other? Destutt de Tracy shall reply:--
  2715. "NEEDS and MEANS, RIGHTS and DUTIES, are products of the will. If man
  2716. willed nothing, these would not exist. But to have needs and means,
  2717. rights and duties, is to HAVE, to POSSESS, something. They are so many
  2718. kinds of property, using the word in its most general sense: they are
  2719. things which belong to us."
  2720. Shameful equivocation, not justified by the necessity for
  2721. generalization! The word PROPERTY has two meanings: 1. It designates the
  2722. quality which makes a thing what it is; the attribute which is peculiar
  2723. to it, and especially distinguishes it. We use it in this sense when we
  2724. say THE PROPERTIES OF THE TRIANGLE or of NUMBERS; THE PROPERTY OF THE
  2725. MAGNET, &c. 2. It expresses the right of absolute control over a thing
  2726. by a free and intelligent being. It is used in this sense by writers
  2727. on jurisprudence. Thus, in the phrase, IRON ACQUIRES THE PROPERTY OF A
  2728. MAGNET, the word PROPERTY does not convey the same idea that it does in
  2729. this one: _I HAVE ACQUIRED THIS MAGNET AS MY PROPERTY_. To tell a poor
  2730. man that he HAS property because he HAS arms and legs,--that the hunger
  2731. from which he suffers, and his power to sleep in the open air are his
  2732. property,--is to play upon words, and to add insult to injury.
  2733. "The sole basis of the idea of property is the idea of personality. As
  2734. soon as property is born at all, it is born, of necessity, in all its
  2735. fulness. As soon as an individual knows HIMSELF,--his moral personality,
  2736. his capacities of enjoyment, suffering, and action,--he necessarily
  2737. sees also that this SELF is exclusive proprietor of the body in which
  2738. it dwells, its organs, their powers, faculties, &c.... Inasmuch as
  2739. artificial and conventional property exists, there must be natural
  2740. property also; for nothing can exist in art without its counterpart in
  2741. Nature."
  2742. We ought to admire the honesty and judgment of philosophers! Man has
  2743. properties; that is, in the first acceptation of the term, faculties. He
  2744. has property; that is, in its second acceptation, the right of domain.
  2745. He has, then, the property of the property of being proprietor. How
  2746. ashamed I should be to notice such foolishness, were I here considering
  2747. only the authority of Destutt de Tracy! But the entire human race, since
  2748. the origination of society and language, when metaphysics and dialectics
  2749. were first born, has been guilty of this puerile confusion of thought.
  2750. All which man could call his own was identified in his mind with his
  2751. person. He considered it as his property, his wealth; a part of himself,
  2752. a member of his body, a faculty of his mind. The possession of things
  2753. was likened to property in the powers of the body and mind; and on this
  2754. false analogy was based the right of property,--THE IMITATION OF NATURE
  2755. BY ART, as Destutt de Tracy so elegantly puts it.
  2756. But why did not this ideologist perceive that man is not proprietor even
  2757. of his own faculties? Man has powers, attributes, capacities; they are
  2758. given him by Nature that he may live, learn, and love: he does not own
  2759. them, but has only the use of them; and he can make no use of them that
  2760. does not harmonize with Nature's laws. If he had absolute mastery over
  2761. his faculties, he could avoid hunger and cold; he could eat unstintedly,
  2762. and walk through fire; he could move mountains, walk a hundred leagues
  2763. in a minute, cure without medicines and by the sole force of his will,
  2764. and could make himself immortal. He could say, "I wish to produce," and
  2765. his tasks would be finished with the words; he could say. "I wish to
  2766. know," and he would know; "I love," and he would enjoy. What then? Man
  2767. is not master of himself, but may be of his surroundings. Let him use
  2768. the wealth of Nature, since he can live only by its use; but let him
  2769. abandon his pretensions to the title of proprietor, and remember that he
  2770. is called so only metaphorically.
  2771. To sum up: Destutt de Tracy classes together the external PRODUCTIONS of
  2772. nature and art, and the POWERS or FACULTIES of man, making both of them
  2773. species of property; and upon this equivocation he hopes to establish,
  2774. so firmly that it can never be disturbed, the right of property. But
  2775. of these different kinds of property some are INNATE, as memory,
  2776. imagination, strength, and beauty; while others are ACQUIRED, as land,
  2777. water, and forests. In the state of Nature or isolation, the strongest
  2778. and most skilful (that is, those best provided with innate property)
  2779. stand the best chance of obtaining acquired property. Now, it is to
  2780. prevent this encroachment and the war which results therefrom, that
  2781. a balance (justice) has been employed, and covenants (implied or
  2782. expressed) agreed upon: it is to correct, as far as possible, inequality
  2783. of innate property by equality of acquired property. As long as the
  2784. division remains unequal, so long the partners remain enemies; and it
  2785. is the purpose of the covenants to reform this state of things. Thus
  2786. we have, on the one hand, isolation, inequality, enmity, war, robbery,
  2787. murder; on the other, society, equality, fraternity, peace, and love.
  2788. Choose between them!
  2789. M. Joseph Dutens--a physician, engineer, and geometrician, but a very
  2790. poor legist, and no philosopher at all--is the author of a "Philosophy
  2791. of Political Economy," in which he felt it his duty to break lances in
  2792. behalf of property. His reasoning seems to be borrowed from Destutt
  2793. de Tracy. He commences with this definition of property, worthy of
  2794. Sganarelle: "Property is the right by which a thing is one's own."
  2795. Literally translated: Property is the right of property.
  2796. After getting entangled a few times on the subjects of will, liberty,
  2797. and personality; after having distinguished between IMMATERIAL-NATURAL
  2798. property, and MATERIAL-NATURAL property, a distinction similar to
  2799. Destutt de Tracy's of innate and acquired property,--M. Joseph Dutens
  2800. concludes with these two general propositions: 1. Property is a natural
  2801. and inalienable right of every man; 2. Inequality of property is a
  2802. necessary result of Nature,--which propositions are convertible into a
  2803. simpler one: All men have an equal right of unequal property.
  2804. He rebukes M. de Sismondi for having taught that landed property has no
  2805. other basis than law and conventionality; and he says himself, speaking
  2806. of the respect which people feel for property, that "their good sense
  2807. reveals to them the nature of the ORIGINAL CONTRACT made between society
  2808. and proprietors."
  2809. He confounds property with possession, communism with equality, the just
  2810. with the natural, and the natural with the possible. Now he takes these
  2811. different ideas to be equivalents; now he seems to distinguish between
  2812. them, so much so that it would be infinitely easier to refute him than
  2813. to understand him. Attracted first by the title of the work, "Philosophy
  2814. of Political Economy," I have found, among the author's obscurities,
  2815. only the most ordinary ideas. For that reason I will not speak of him.
  2816. M. Cousin, in his "Moral Philosophy," page 15, teaches that all
  2817. morality, all laws, all rights are given to man with this injunction:
  2818. "FREE BEING, REMAIN FREE." Bravo! master; I wish to remain free if I
  2819. can. He continues:--
  2820. "Our principle is true; it is good, it is social. Do not fear to push it
  2821. to its ultimate.
  2822. "1. If the human person is sacred, its whole nature is sacred; and
  2823. particularly its interior actions, its feelings, its thoughts, its
  2824. voluntary decisions. This accounts for the respect due to philosophy,
  2825. religion, the arts industry, commerce, and to all the results of
  2826. liberty. I say respect, not simply toleration; for we do not tolerate a
  2827. right, we respect it."
  2828. I bow my head before this philosophy.
  2829. "2. My liberty, which is sacred, needs for its objective action an
  2830. instrument which we call the body: the body participates then in the
  2831. sacredness of liberty; it is then inviolable. This is the basis of the
  2832. principle of individual liberty.
  2833. "3. My liberty needs, for its objective action, material to work upon;
  2834. in other words, property or a thing. This thing or property naturally
  2835. participates then in the inviolability of my person. For instance, I
  2836. take possession of an object which has become necessary and useful in
  2837. the outward manifestation of my liberty. I say, 'This object is
  2838. mine since it belongs to no one else; consequently, I possess it
  2839. legitimately.' So the legitimacy of possession rests on two conditions.
  2840. First, I possess only as a free being. Suppress free activity, you
  2841. destroy my power to labor. Now it is only by labor that I can use this
  2842. property or thing, and it is only by using it that I possess it. Free
  2843. activity is then the principle of the right of property. But that alone
  2844. does not legitimate possession. All men are free; all can use property
  2845. by labor. Does that mean that all men have a right to all property? Not
  2846. at all. To possess legitimately, I must not only labor and produce in
  2847. my capacity of a free being, but I must also be the first to occupy the
  2848. property. In short, if labor and production are the principle of the
  2849. right of property, the fact of first occupancy is its indispensable
  2850. condition.
  2851. "4. I possess legitimately: then I have the right to use my property as
  2852. I see fit. I have also the right to give it away. I have also the right
  2853. to bequeath it; for if I decide to make a donation, my decision is as
  2854. valid after my death as during my life."
  2855. In fact, to become a proprietor, in M. Cousin's opinion, one must take
  2856. possession by occupation and labor. I maintain that the element of time
  2857. must be considered also; for if the first occupants have occupied every
  2858. thing, what are the new comers to do? What will become of them, having
  2859. an instrument with which to work, but no material to work upon?
  2860. Must they devour each other? A terrible extremity, unforeseen by
  2861. philosophical prudence; for the reason that great geniuses neglect
  2862. little things.
  2863. Notice also that M. Cousin says that neither occupation nor labor, taken
  2864. separately, can legitimate the right of property; and that it is born
  2865. only from the union of the two. This is one of M. Cousin's eclectic
  2866. turns, which he, more than any one else, should take pains to
  2867. avoid. Instead of proceeding by the method of analysis, comparison,
  2868. elimination, and reduction (the only means of discovering the truth amid
  2869. the various forms of thought and whimsical opinions), he jumbles
  2870. all systems together, and then, declaring each both right and wrong,
  2871. exclaims: "There you have the truth."
  2872. But, adhering to my promise, I will not refute him. I will only prove,
  2873. by all the arguments with which he justifies the right of property, the
  2874. principle of equality which kills it. As I have already said, my sole
  2875. intent is this: to show at the bottom of all these positions that
  2876. inevitable major, EQUALITY; hoping hereafter to show that the principle
  2877. of property vitiates the very elements of economical, moral, and
  2878. governmental science, thus leading it in the wrong direction.
  2879. Well, is it not true, from M. Cousin's point of view, that, if the
  2880. liberty of man is sacred, it is equally sacred in all individuals; that,
  2881. if it needs property for its objective action, that is, for its life,
  2882. the appropriation of material is equally necessary for all; that, if I
  2883. wish to be respected in my right of appropriation, I must respect
  2884. others in theirs; and, consequently, that though, in the sphere of the
  2885. infinite, a person's power of appropriation is limited only by
  2886. himself, in the sphere of the finite this same power is limited by the
  2887. mathematical relation between the number of persons and the space which
  2888. they occupy? Does it not follow that if one individual cannot prevent
  2889. another--his fellow-man--from appropriating an amount of material equal
  2890. to his own, no more can he prevent individuals yet to come; because,
  2891. while individuality passes away, universality persists, and eternal laws
  2892. cannot be determined by a partial view of their manifestations? Must we
  2893. not conclude, therefore, that whenever a person is born, the others must
  2894. crowd closer together; and, by reciprocity of obligation, that if the
  2895. new comer is afterwards to become an heir, the right of succession does
  2896. not give him the right of accumulation, but only the right of choice?
  2897. I have followed M. Cousin so far as to imitate his style, and I am
  2898. ashamed of it. Do we need such high-sounding terms, such sonorous
  2899. phrases, to say such simple things? Man needs to labor in order to live;
  2900. consequently, he needs tools to work with and materials to work upon.
  2901. His need to produce constitutes his right to produce. Now, this right is
  2902. guaranteed him by his fellows, with whom he makes an agreement to that
  2903. effect. One hundred thousand men settle in a large country like France
  2904. with no inhabitants: each man has a right to 1/100,000 of the land. If
  2905. the number of possessors increases, each one's portion diminishes in
  2906. consequence; so that, if the number of inhabitants rises to thirty-four
  2907. millions, each one will have a right only to 1/34,000,000. Now,
  2908. so regulate the police system and the government, labor, exchange,
  2909. inheritance, &c., that the means of labor shall be shared by all
  2910. equally, and that each individual shall be free; and then society will
  2911. be perfect.
  2912. Of all the defenders of property, M. Cousin has gone the farthest. He
  2913. has maintained against the economists that labor does not establish the
  2914. right of property unless preceded by occupation, and against the jurists
  2915. that the civil law can determine and apply a natural right, but cannot
  2916. create it. In fact, it is not sufficient to say, "The right of property
  2917. is demonstrated by the existence of property; the function of the civil
  2918. law is purely declaratory." To say that, is to confess that there is
  2919. no reply to those who question the legitimacy of the fact itself.
  2920. Every right must be justifiable in itself, or by some antecedent right;
  2921. property is no exception. For this reason, M. Cousin has sought to base
  2922. it upon the SANCTITY of the human personality, and the act by which the
  2923. will assimilates a thing. "Once touched by man," says one of M. Cousin's
  2924. disciples, "things receive from him a character which transforms and
  2925. humanizes them." I confess, for my part, that I have no faith in this
  2926. magic, and that I know of nothing less holy than the will of man. But
  2927. this theory, fragile as it seems to psychology as well as jurisprudence,
  2928. is nevertheless more philosophical and profound than those theories
  2929. which are based upon labor or the authority of the law. Now, we have
  2930. just seen to what this theory of which we are speaking leads,--to the
  2931. equality implied in the terms of its statement.
  2932. But perhaps philosophy views things from too lofty a standpoint, and
  2933. is not sufficiently practical; perhaps from the exalted summit of
  2934. speculation men seem so small to the metaphysician that he cannot
  2935. distinguish between them; perhaps, indeed, the equality of conditions is
  2936. one of those principles which are very true and sublime as generalities,
  2937. but which it would be ridiculous and even dangerous to attempt to
  2938. rigorously apply to the customs of life and to social transactions.
  2939. Undoubtedly, this is a case which calls for imitation of the wise
  2940. reserve of moralists and jurists, who warn us against carrying things to
  2941. extremes, and who advise us to suspect every definition; because there
  2942. is not one, they say, which cannot be utterly destroyed by developing
  2943. its disastrous results--_Omnis definitio in jure civili periculosa
  2944. est: parum est enim ut non subverti possit_. Equality of conditions,--a
  2945. terrible dogma in the ears of the proprietor, a consoling truth at
  2946. the poor-man's sick-bed, a frightful reality under the knife of the
  2947. anatomist,--equality of conditions, established in the political, civil,
  2948. and industrial spheres, is only an alluring impossibility, an inviting
  2949. bait, a satanic delusion.
  2950. It is never my intention to surprise my reader. I detest, as I do death,
  2951. the man who employs subterfuge in his words and conduct. From the first
  2952. page of this book, I have expressed myself so plainly and decidedly that
  2953. all can see the tendency of my thought and hopes; and they will do me
  2954. the justice to say, that it would be difficult to exhibit more frankness
  2955. and more boldness at the same time. I do not hesitate to declare that
  2956. the time is not far distant when this reserve, now so much admired in
  2957. philosophers--this happy medium so strongly recommended by professors of
  2958. moral and political science--will be regarded as the disgraceful feature
  2959. of a science without principle, and as the seal of its reprobation. In
  2960. legislation and morals, as well as in geometry, axioms are absolute,
  2961. definitions are certain; and all the results of a principle are to be
  2962. accepted, provided they are logically deduced. Deplorable pride! We know
  2963. nothing of our nature, and we charge our blunders to it; and, in a
  2964. fit of unaffected ignorance, cry out, "The truth is in doubt, the
  2965. best definition defines nothing!" We shall know some time whether this
  2966. distressing uncertainty of jurisprudence arises from the nature of
  2967. its investigations, or from our prejudices; whether, to explain social
  2968. phenomena, it is not enough to change our hypothesis, as did Copernicus
  2969. when he reversed the system of Ptolemy.
  2970. But what will be said when I show, as I soon shall, that this same
  2971. jurisprudence continually tries to base property upon equality? What
  2972. reply can be made?
  2973. % 3.--Civil Law as the Foundation and Sanction of Property.
  2974. Pothier seems to think that property, like royalty, exists by divine
  2975. right. He traces back its origin to God himself--ab Jove principium. He
  2976. begins in this way:--
  2977. "God is the absolute ruler of the universe and all that it contains:
  2978. _Domini est terra et plenitudo ejus, orbis et universi qui habitant in
  2979. eo_. For the human race he has created the earth and all its creatures,
  2980. and has given it a control over them subordinate only to his own. 'Thou
  2981. madest him to have dominion over the works of thy hands; thou hast put
  2982. all things under his feet,' says the Psalmist. God accompanied this gift
  2983. with these words, addressed to our first parents after the creation: 'Be
  2984. fruitful, and multiply and replenish the earth,'" &c.
  2985. After this magnificent introduction, who would refuse to believe the
  2986. human race to be an immense family living in brotherly union, and
  2987. under the protection of a venerable father? But, heavens! are brothers
  2988. enemies? Are fathers unnatural, and children prodigal?
  2989. GOD GAVE THE EARTH TO THE HUMAN RACE: why then have I received none? HE
  2990. HAS PUT ALL THINGS UNDER MY FEET,--and I have not where to lay my head!
  2991. MULTIPLY, he tells us through his interpreter, Pothier. Ah, learned
  2992. Pothier! that is as easy to do as to say; but you must give moss to the
  2993. bird for its nest.
  2994. "The human race having multiplied, men divided among themselves the
  2995. earth and most of the things upon it; that which fell to each, from that
  2996. time exclusively belonged to him. That was the origin of the right of
  2997. property."
  2998. Say, rather, the right of possession. Men lived in a state of communism;
  2999. whether positive or negative it matters little. Then there was no
  3000. property, not even private possession. The genesis and growth of
  3001. possession gradually forcing people to labor for their support, they
  3002. agreed either formally or tacitly,--it makes no difference which,--that
  3003. the laborer should be sole proprietor of the fruit of his labor; that
  3004. is, they simply declared the fact that thereafter none could live
  3005. without working. It necessarily followed that, to obtain equality of
  3006. products, there must be equality of labor; and that, to obtain equality
  3007. of labor, there must be equality of facilities for labor. Whoever
  3008. without labor got possession, by force or by strategy, of another's
  3009. means of subsistence, destroyed equality, and placed himself above or
  3010. outside of the law. Whoever monopolized the means of production on the
  3011. ground of greater industry, also destroyed equality. Equality being then
  3012. the expression of right, whoever violated it was UNJUST.
  3013. Thus, labor gives birth to private possession; the right in a thing--jus
  3014. in re. But in what thing? Evidently IN THE PRODUCT, not IN THE SOIL.
  3015. So the Arabs have always understood it; and so, according to Caesar and
  3016. Tacitus, the Germans formerly held. "The Arabs," says M. de Sismondi,
  3017. "who admit a man's property in the flocks which he has raised, do not
  3018. refuse the crop to him who planted the seed; but they do not see why
  3019. another, his equal, should not have a right to plant in his turn.
  3020. The inequality which results from the pretended right of the first
  3021. occupant seems to them to be based on no principle of justice; and when
  3022. all the land falls into the hands of a certain number of inhabitants,
  3023. there results a monopoly in their favor against the rest of the nation,
  3024. to which they do not wish to submit."
  3025. Well, they have shared the land. I admit that therefrom results a more
  3026. powerful organization of labor; and that this method of distribution,
  3027. fixed and durable, is advantageous to production: but how could this
  3028. division give to each a transferable right of property in a thing
  3029. to which all had an inalienable right of possession? In the terms
  3030. of jurisprudence, this metamorphosis from possessor to proprietor is
  3031. legally impossible; it implies in the jurisdiction of the courts the
  3032. union of possessoire and petitoire; and the mutual concessions of those
  3033. who share the land are nothing less than traffic in natural rights. The
  3034. original cultivators of the land, who were also the original makers of
  3035. the law, were not as learned as our legislators, I admit; and had
  3036. they been, they could not have done worse: they did not foresee the
  3037. consequences of the transformation of the right of private possession
  3038. into the right of absolute property. But why have not those, who in
  3039. later times have established the distinction between jus in re and jus
  3040. ad rem, applied it to the principle of property itself?
  3041. Let me call the attention of the writers on jurisprudence to their own
  3042. maxims.
  3043. The right of property, provided it can have a cause, can have but
  3044. one--_Dominium non potest nisi ex una causa contingere_. I can possess
  3045. by several titles; I can become proprietor by only one--_Non ut ex
  3046. pluribus causis idem nobis deberi potest, ita ex pluribus causis idem
  3047. potest nostrum esse_. The field which I have cleared, which I cultivate,
  3048. on which I have built my house, which supports myself, my family, and
  3049. my livestock, I can possess: 1st. As the original occupant; 2d. As a
  3050. laborer; 3d. By virtue of the social contract which assigns it to me as
  3051. my share.
  3052. But none of these titles confer upon me the right of property. For, if I
  3053. attempt to base it upon occupancy, society can reply, "I am the original
  3054. occupant." If I appeal to my labor, it will say, "It is only on that
  3055. condition that you possess." If I speak of agreements, it will respond,
  3056. "These agreements establish only your right of use." Such, however, are
  3057. the only titles which proprietors advance. They never have been able
  3058. to discover any others. Indeed, every right--it is Pothier who says
  3059. it--supposes a producing cause in the person who enjoys it; but in man
  3060. who lives and dies, in this son of earth who passes away like a
  3061. shadow, there exists, with respect to external things, only titles of
  3062. possession, not one title of property. Why, then, has society recognized
  3063. a right injurious to itself, where there is no producing cause? Why,
  3064. in according possession, has it also conceded property? Why has the law
  3065. sanctioned this abuse of power?
  3066. The German Ancillon replies thus:--
  3067. "Some philosophers pretend that man, in employing his forces upon a
  3068. natural object,--say a field or a tree,--acquires a right only to the
  3069. improvements which he makes, to the form which he gives to the object,
  3070. not to the object itself. Useless distinction! If the form could be
  3071. separated from the object, perhaps there would be room for question; but
  3072. as this is almost always impossible, the application of man's strength
  3073. to the different parts of the visible world is the foundation of the
  3074. right of property, the primary origin of riches."
  3075. Vain pretext! If the form cannot be separated from the object, nor
  3076. property from possession, possession must be shared; in any case,
  3077. society reserves the right to fix the conditions of property. Let us
  3078. suppose that an appropriated farm yields a gross income of ten thousand
  3079. francs; and, as very seldom happens, that this farm cannot be divided.
  3080. Let us suppose farther that, by economical calculation, the annual
  3081. expenses of a family are three thousand francs: the possessor of this
  3082. farm should be obliged to guard his reputation as a good father of a
  3083. family, by paying to society ten thousand francs,--less the total
  3084. costs of cultivation, and the three thousand francs required for the
  3085. maintenance of his family. This payment is not rent, it is an indemnity.
  3086. What sort of justice is it, then, which makes such laws as this:--
  3087. "Whereas, since labor so changes the form of a thing that the form
  3088. and substance cannot be separated without destroying the thing itself,
  3089. either society must be disinherited, or the laborer must lose the fruit
  3090. of his labor; and
  3091. "Whereas, in every other case, property in raw material would give a
  3092. title to added improvements, minus their cost; and whereas, in this
  3093. instance, property in improvements ought to give a title to the
  3094. principal;
  3095. "Therefore, the right of appropriation by labor shall never be admitted
  3096. against individuals, but only against society."
  3097. In such a way do legislators always reason in regard to property.
  3098. The law is intended to protect men's mutual rights,--that is, the rights
  3099. of each against each, and each against all; and, as if a proportion
  3100. could exist with less than four terms, the law-makers always disregard
  3101. the latter. As long as man is opposed to man, property offsets property,
  3102. and the two forces balance each other; as soon as man is isolated, that
  3103. is, opposed to the society which he himself represents, jurisprudence is
  3104. at fault: Themis has lost one scale of her balance.
  3105. Listen to the professor of Rennes, the learned Toullier:--
  3106. "How could this claim, made valid by occupation, become stable and
  3107. permanent property, which might continue to stand, and which might be
  3108. reclaimed after the first occupant had relinquished possession?
  3109. "Agriculture was a natural consequence of the multiplication of the
  3110. human race, and agriculture, in its turn, favors population, and
  3111. necessitates the establishment of permanent property; for who would
  3112. take the trouble to plough and sow, if he were not certain that he would
  3113. reap?"
  3114. To satisfy the husbandman, it was sufficient to guarantee him possession
  3115. of his crop; admit even that he should have been protected in his right
  3116. of occupation of land, as long as he remained its cultivator. That was
  3117. all that he had a right to expect; that was all that the advance of
  3118. civilization demanded. But property, property! the right of escheat over
  3119. lands which one neither occupies nor cultivates,--who had authority to
  3120. grant it? who pretended to have it?
  3121. "Agriculture alone was not sufficient to establish permanent property;
  3122. positive laws were needed, and magistrates to execute them; in a word,
  3123. the civil State was needed.
  3124. "The multiplication of the human race had rendered agriculture
  3125. necessary; the need of securing to the cultivator the fruit of his labor
  3126. made permanent property necessary, and also laws for its protection. So
  3127. we are indebted to property for the creation of the civil State."
  3128. Yes, of our civil State, as you have made it; a State which, at first,
  3129. was despotism, then monarchy, then aristocracy, today democracy, and
  3130. always tyranny.
  3131. "Without the ties of property it never would have been possible to
  3132. subordinate men to the wholesome yoke of the law; and without permanent
  3133. property the earth would have remained a vast forest. Let us admit,
  3134. then, with the most careful writers, that if transient property, or
  3135. the right of preference resulting from occupation, existed prior to
  3136. the establishment of civil society, permanent property, as we know it
  3137. to-day, is the work of civil law. It is the civil law which holds that,
  3138. when once acquired, property can be lost only by the action of
  3139. the proprietor, and that it exists even after the proprietor has
  3140. relinquished possession of the thing, and it has fallen into the hands
  3141. of a third party.
  3142. "Thus property and possession, which originally were confounded, became
  3143. through the civil law two distinct and independent things; two things
  3144. which, in the language of the law, have nothing whatever in common. In
  3145. this we see what a wonderful change has been effected in property, and
  3146. to what an extent Nature has been altered by the civil laws."
  3147. Thus the law, in establishing property, has not been the expression of a
  3148. psychological fact, the development of a natural law, the application of
  3149. a moral principle. It has literally CREATED a right outside of its own
  3150. province. It has realized an abstraction, a metaphor, a fiction; and
  3151. that without deigning to look at the consequences, without considering
  3152. the disadvantages, without inquiring whether it was right or wrong.
  3153. It has sanctioned selfishness; it has indorsed monstrous pretensions;
  3154. it has received with favor impious vows, as if it were able to fill up a
  3155. bottomless pit, and to satiate hell! Blind law; the law of the ignorant
  3156. man; a law which is not a law; the voice of discord, deceit, and
  3157. blood! This it is which, continually revived, reinstated, rejuvenated,
  3158. restored, re-enforced--as the palladium of society--has troubled the
  3159. consciences of the people, has obscured the minds of the masters, and
  3160. has induced all the catastrophes which have befallen nations.
  3161. This it is which Christianity has condemned, but which its ignorant
  3162. ministers deify; who have as little desire to study Nature and man, as
  3163. ability to read their Scriptures.
  3164. But, indeed, what guide did the law follow in creating the domain of
  3165. property? What principle directed it? What was its standard?
  3166. Would you believe it? It was equality.
  3167. Agriculture was the foundation of territorial possession, and the
  3168. original cause of property. It was of no use to secure to the farmer the
  3169. fruit of his labor, unless the means of production were at the same time
  3170. secured to him. To fortify the weak against the invasion of the strong,
  3171. to suppress spoliation and fraud, the necessity was felt of establishing
  3172. between possessors permanent lines of division, insuperable obstacles.
  3173. Every year saw the people multiply, and the cupidity of the husbandman
  3174. increase: it was thought best to put a bridle on ambition by setting
  3175. boundaries which ambition would in vain attempt to overstep. Thus the
  3176. soil came to be appropriated through need of the equality which is
  3177. essential to public security and peaceable possession. Undoubtedly the
  3178. division was never geographically equal; a multitude of rights, some
  3179. founded in Nature, but wrongly interpreted and still more wrongly
  3180. applied, inheritance, gift, and exchange; others, like the privileges
  3181. of birth and position, the illegitimate creations of ignorance and brute
  3182. force,--all operated to prevent absolute equality. But, nevertheless,
  3183. the principle remained the same: equality had sanctioned possession;
  3184. equality sanctioned property.
  3185. The husbandman needed each year a field to sow; what more convenient and
  3186. simple arrangement for the barbarians,--instead of indulging in annual
  3187. quarrels and fights, instead of continually moving their houses,
  3188. furniture, and families from spot to spot,--than to assign to each
  3189. individual a fixed and inalienable estate?
  3190. It was not right that the soldier, on returning from an expedition,
  3191. should find himself dispossessed on account of the services which he had
  3192. just rendered to his country; his estate ought to be restored to him. It
  3193. became, therefore, customary to retain property by intent alone--_nudo
  3194. animo;_ it could be sacrificed only with the consent and by the action
  3195. of the proprietor.
  3196. It was necessary that the equality in the division should be kept up
  3197. from one generation to another, without a new distribution of the land
  3198. upon the death of each family; it appeared therefore natural and just
  3199. that children and parents, according to the degree of relationship
  3200. which they bore to the deceased, should be the heirs of their ancestors.
  3201. Thence came, in the first place, the feudal and patriarchal custom of
  3202. recognizing only one heir; then, by a quite contrary application of the
  3203. principle of equality, the admission of all the children to a share in
  3204. their father's estate, and, very recently also among us, the definitive
  3205. abolition of the right of primogeniture.
  3206. But what is there in common between these rude outlines of instinctive
  3207. organization and the true social science? How could these men, who never
  3208. had the faintest idea of statistics, valuation, or political economy,
  3209. furnish us with principles of legislation?
  3210. "The law," says a modern writer on jurisprudence, "is the expression of
  3211. a social want, the declaration of a fact: the legislator does not make
  3212. it, he declares it. 'This definition is not exact. The law is a method
  3213. by which social wants must be satisfied; the people do not vote it, the
  3214. legislator does not express it: the savant discovers and formulates it."
  3215. But in fact, the law, according to M. Ch. Comte, who has devoted half a
  3216. volume to its definition, was in the beginning only the EXPRESSION OF
  3217. A WANT, and the indication of the means of supplying it; and up to this
  3218. time it has been nothing else. The legists--with mechanical fidelity,
  3219. full of obstinacy, enemies of philosophy, buried in literalities--have
  3220. always mistaken for the last word of science that which was only the
  3221. inconsiderate aspiration of men who, to be sure, were well-meaning, but
  3222. wanting in foresight.
  3223. They did not foresee, these old founders of the domain of property, that
  3224. the perpetual and absolute right to retain one's estate,--a right which
  3225. seemed to them equitable, because it was common,--involves the right to
  3226. transfer, sell, give, gain, and lose it; that it tends, consequently,
  3227. to nothing less than the destruction of that equality which they
  3228. established it to maintain. And though they should have foreseen it,
  3229. they disregarded it; the present want occupied their whole attention,
  3230. and, as ordinarily happens in such cases, the disadvantages were at
  3231. first scarcely perceptible, and they passed unnoticed.
  3232. They did not foresee, these ingenuous legislators, that if property is
  3233. retainable by intent alone--_nudo animo_--it carries with it the right
  3234. to let, to lease, to loan at interest, to profit by exchange, to settle
  3235. annuities, and to levy a tax on a field which intent reserves, while the
  3236. body is busy elsewhere.
  3237. They did not foresee, these fathers of our jurisprudence, that, if
  3238. the right of inheritance is any thing other than Nature's method of
  3239. preserving equality of wealth, families will soon become victims of the
  3240. most disastrous exclusions; and society, pierced to the heart by one of
  3241. its most sacred principles, will come to its death through opulence and
  3242. misery. [12]
  3243. Under whatever form of government we live, it can always be said that
  3244. _le mort saisit le vif;_ that is, that inheritance and succession will
  3245. last for ever, whoever may be the recognized heir. But the St. Simonians
  3246. wish the heir to be designated by the magistrate; others wish him to
  3247. be chosen by the deceased, or assumed by the law to be so chosen: the
  3248. essential point is that Nature's wish be satisfied, so far as the law of
  3249. equality allows.
  3250. To-day the real controller of inheritance is chance or caprice; now, in
  3251. matters of legislation, chance and caprice cannot be accepted as guides.
  3252. It is for the purpose of avoiding the manifold disturbances which
  3253. follow in the wake of chance that Nature, after having created us equal,
  3254. suggests to us the principle of heredity; which serves as a voice by
  3255. which society asks us to choose, from among all our brothers, him whom
  3256. we judge best fitted to complete our unfinished work.
  3257. They did not foresee.... But why need I go farther?
  3258. The consequences are plain enough, and this is not the time to criticise
  3259. the whole Code.
  3260. The history of property among the ancient nations is, then, simply a
  3261. matter of research and curiosity. It is a rule of jurisprudence that the
  3262. fact does not substantiate the right. Now, property is no exception to
  3263. this rule: then the universal recognition of the right of property
  3264. does not legitimate the right of property. Man is mistaken as to the
  3265. constitution of society, the nature of right, and the application of
  3266. justice; just as he was mistaken regarding the cause of meteors and the
  3267. movement of the heavenly bodies. His old opinions cannot be taken for
  3268. articles of faith. Of what consequence is it to us that the Indian race
  3269. was divided into four classes; that, on the banks of the Nile and the
  3270. Ganges, blood and position formerly determined the distribution of the
  3271. land; that the Greeks and Romans placed property under the protection
  3272. of the gods; that they accompanied with religious ceremonies the work
  3273. of partitioning the land and appraising their goods? The variety of the
  3274. forms of privilege does not sanction injustice. The faith of Jupiter,
  3275. the proprietor, [13] proves no more against the equality of citizens,
  3276. than do the mysteries of Venus, the wanton, against conjugal chastity.
  3277. The authority of the human race is of no effect as evidence in favor
  3278. of the right of property, because this right, resting of necessity upon
  3279. equality, contradicts its principle; the decision of the religions which
  3280. have sanctioned it is of no effect, because in all ages the priest
  3281. has submitted to the prince, and the gods have always spoken as the
  3282. politicians desired; the social advantages, attributed to property,
  3283. cannot be cited in its behalf, because they all spring from the
  3284. principle of equality of possession.
  3285. What means, then, this dithyramb upon property?
  3286. "The right of property is the most important of human institutions."...
  3287. Yes; as monarchy is the most glorious.
  3288. "The original cause of man's prosperity upon earth."
  3289. Because justice was supposed to be its principle.
  3290. "Property became the legitimate end of his ambition, the hope of his
  3291. existence, the shelter of his family; in a word, the corner-stone of the
  3292. domestic dwelling, of communities, and of the political State."
  3293. Possession alone produced all that.
  3294. "Eternal principle,--"
  3295. Property is eternal, like every negation,--
  3296. "Of all social and civil institutions."
  3297. For that reason, every institution and every law based on property will
  3298. perish.
  3299. "It is a boon as precious as liberty."
  3300. For the rich proprietor.
  3301. "In fact, the cause of the cultivation of the habitable earth."
  3302. If the cultivator ceased to be a tenant, would the land be worse cared
  3303. for?
  3304. "The guarantee and the morality of labor."
  3305. Under the regime of property, labor is not a condition, but a privilege.
  3306. "The application of justice."
  3307. What is justice without equality of fortunes? A balance with false
  3308. weights.
  3309. "All morality,--"
  3310. A famished stomach knows no morality,--
  3311. "All public order,--"
  3312. Certainly, the preservation of property,--
  3313. "Rest on the right of property." [14]
  3314. Corner-stone of all which is, stumbling-block of all which ought to
  3315. be,--such is property.
  3316. To sum up and conclude:--
  3317. Not only does occupation lead to equality, it PREVENTS property. For,
  3318. since every man, from the fact of his existence, has the right of
  3319. occupation, and, in order to live, must have material for cultivation
  3320. on which he may labor; and since, on the other hand, the number of
  3321. occupants varies continually with the births and deaths,--it follows
  3322. that the quantity of material which each laborer may claim varies
  3323. with the number of occupants; consequently, that occupation is always
  3324. subordinate to population. Finally, that, inasmuch as possession, in
  3325. right, can never remain fixed, it is impossible, in fact, that it can
  3326. ever become property.
  3327. Every occupant is, then, necessarily a possessor or usufructuary,--a
  3328. function which excludes proprietorship. Now, this is the right of the
  3329. usufructuary: he is responsible for the thing entrusted to him; he
  3330. must use it in conformity with general utility, with a view to its
  3331. preservation and development; he has no power to transform it, to
  3332. diminish it, or to change its nature; he cannot so divide the usufruct
  3333. that another shall perform the labor while he receives the product. In a
  3334. word, the usufructuary is under the supervision of society, submitted to
  3335. the condition of labor and the law of equality.
  3336. Thus is annihilated the Roman definition of property--THE RIGHT OF USE
  3337. AND ABUSE--an immorality born of violence, the most monstrous pretension
  3338. that the civil laws ever sanctioned. Man receives his usufruct from the
  3339. hands of society, which alone is the permanent possessor. The individual
  3340. passes away, society is deathless.
  3341. What a profound disgust fills my soul while discussing such simple
  3342. truths! Do we doubt these things to-day? Will it be necessary to again
  3343. take arms for their triumph? And can force, in default of reason, alone
  3344. introduce them into our laws?
  3345. ALL HAVE AN EQUAL RIGHT OF OCCUPANCY.
  3346. THE AMOUNT OCCUPIED BEING MEASURED, NOT BY THE WILL, BUT BY THE VARIABLE
  3347. CONDITIONS OF SPACE AND NUMBER, PROPERTY CANNOT EXIST.
  3348. This no code has ever expressed; this no constitution can admit! These
  3349. are axioms which the civil law and the law of nations deny!.....
  3350. But I hear the exclamations of the partisans of another system: "Labor,
  3351. labor! that is the basis of property!"
  3352. Reader, do not be deceived. This new basis of property is worse than the
  3353. first, and I shall soon have to ask your pardon for having demonstrated
  3354. things clearer, and refuted pretensions more unjust, than any which we
  3355. have yet considered.
  3356. CHAPTER III. LABOR AS THE EFFICIENT CAUSE OF THE DOMAIN OF PROPERTY.
  3357. Nearly all the modern writers on jurisprudence, taking their cue from
  3358. the economists, have abandoned the theory of first occupancy as a too
  3359. dangerous one, and have adopted that which regards property as born of
  3360. labor. In this they are deluded; they reason in a circle. To labor it is
  3361. necessary to occupy, says M. Cousin.
  3362. Consequently, I have added in my turn, all having an equal right of
  3363. occupancy, to labor it is necessary to submit to equality. "The rich,"
  3364. exclaims Jean Jacques, "have the arrogance to say, 'I built this wall; I
  3365. earned this land by my labor.' Who set you the tasks? we may reply, and
  3366. by what right do you demand payment from us for labor which we did not
  3367. impose upon you?" All sophistry falls to the ground in the presence of
  3368. this argument.
  3369. But the partisans of labor do not see that their system is an absolute
  3370. contradiction of the Code, all the articles and provisions of which
  3371. suppose property to be based upon the fact of first occupancy. If labor,
  3372. through the appropriation which results from it, alone gives birth to
  3373. property, the Civil Code lies, the charter is a falsehood, our whole
  3374. social system is a violation of right. To this conclusion shall we come,
  3375. at the end of the discussion which is to occupy our attention in this
  3376. chapter and the following one, both as to the right of labor and the
  3377. fact of property. We shall see, on the one hand, our legislation in
  3378. opposition to itself; and, on the other hand, our new jurisprudence in
  3379. opposition both to its own principle and to our legislation.
  3380. I have asserted that the system which bases property upon labor implies,
  3381. no less than that which bases it upon occupation, the equality of
  3382. fortunes; and the reader must be impatient to learn how I propose to
  3383. deduce this law of equality from the inequality of skill and faculties:
  3384. directly his curiosity shall be satisfied. But it is proper that I
  3385. should call his attention for a moment to this remarkable feature of
  3386. the process; to wit, the substitution of labor for occupation as the
  3387. principle of property; and that I should pass rapidly in review some
  3388. of the prejudices to which proprietors are accustomed to appeal, which
  3389. legislation has sanctioned, and which the system of labor completely
  3390. overthrows.
  3391. Reader, were you ever present at the examination of a criminal? Have
  3392. you watched his tricks, his turns, his evasions, his distinctions, his
  3393. equivocations? Beaten, all his assertions overthrown, pursued like
  3394. a fallow deer by the in exorable judge, tracked from hypothesis
  3395. to hypothesis,--he makes a statement, he corrects it, retracts it,
  3396. contradicts it, he exhausts all the tricks of dialectics, more subtle,
  3397. more ingenious a thousand times than he who invented the seventy-two
  3398. forms of the syllogism. So acts the proprietor when called upon
  3399. to defend his right. At first he refuses to reply, he exclaims, he
  3400. threatens, he defies; then, forced to accept the discussion, he
  3401. arms himself with chicanery, he surrounds himself with formidable
  3402. artillery,--crossing his fire, opposing one by one and all together
  3403. occupation, possession, limitation, covenants, immemorial custom, and
  3404. universal consent. Conquered on this ground, the proprietor, like a
  3405. wounded boar, turns on his pursuers. "I have done more than occupy,"
  3406. he cries with terrible emotion; "I have labored, produced, improved,
  3407. transformed, CREATED. This house, these fields, these trees are the work
  3408. of my hands; I changed these brambles into a vineyard, and this bush
  3409. into a fig-tree; and to-day I reap the harvest of my labors. I have
  3410. enriched the soil with my sweat; I have paid those men who, had they not
  3411. had the work which I gave them, would have died of hunger. No one
  3412. shared with me the trouble and expense; no one shall share with me the
  3413. benefits."
  3414. You have labored, proprietor! why then do you speak of original
  3415. occupancy? What, were you not sure of your right, or did you hope to
  3416. deceive men, and make justice an illusion? Make haste, then, to acquaint
  3417. us with your mode of defence, for the judgment will be final; and you
  3418. know it to be a question of restitution.
  3419. You have labored! but what is there in common between the labor which
  3420. duty compels you to perform, and the appropriation of things in which
  3421. there is a common interest? Do you not know that domain over the soil,
  3422. like that over air and light, cannot be lost by prescription?
  3423. You have labored! have you never made others labor? Why, then, have they
  3424. lost in laboring for you what you have gained in not laboring for them?
  3425. You have labored! very well; but let us see the results of your labor.
  3426. We will count, weigh, and measure them. It will be the judgment of
  3427. Balthasar; for I swear by balance, level, and square, that if you have
  3428. appropriated another's labor in any way whatsoever, you shall restore it
  3429. every stroke.
  3430. Thus, the principle of occupation is abandoned; no longer is it said,
  3431. "The land belongs to him who first gets possession of it." Property,
  3432. forced into its first intrenchment, repudiates its old adage; justice,
  3433. ashamed, retracts her maxims, and sorrow lowers her bandage over her
  3434. blushing cheeks. And it was but yesterday that this progress in social
  3435. philosophy began: fifty centuries required for the extirpation of a
  3436. lie! During this lamentable period, how many usurpations have been
  3437. sanctioned, how many invasions glorified, how many conquests celebrated!
  3438. The absent dispossessed, the poor banished, the hungry excluded by
  3439. wealth, which is so ready and bold in action! Jealousies and wars,
  3440. incendiarism and bloodshed, among the nations! But henceforth, thanks
  3441. to the age and its spirit, it is to be admitted that the earth is not a
  3442. prize to be won in a race; in the absence of any other obstacle, there
  3443. is a place for everybody under the sun. Each one may harness his goat
  3444. to the bearn, drive his cattle to pasture, sow a corner of a field, and
  3445. bake his bread by his own fireside.
  3446. But, no; each one cannot do these things. I hear it proclaimed on all
  3447. sides, "Glory to labor and industry! to each according to his capacity;
  3448. to each capacity according to its results!" And I see three-fourths of
  3449. the human race again despoiled, the labor of a few being a scourge to
  3450. the labor of the rest.
  3451. "The problem is solved," exclaims M. Hennequin. "Property, the daughter
  3452. of labor, can be enjoyed at present and in the future only under the
  3453. protection of the laws. It has its origin in natural law; it derives its
  3454. power from civil law; and from the union of these two ideas, LABOR and
  3455. PROTECTION, positive legislation results."...
  3456. Ah! THE PROBLEM IS SOLVED! PROPERTY IS THE DAUGHTER OF LABOR! What,
  3457. then, is the right of accession, and the right of succession, and the
  3458. right of donation, &c., if not the right to become a proprietor by
  3459. simple occupancy? What are your laws concerning the age of majority,
  3460. emancipation, guardianship, and interdiction, if not the various
  3461. conditions by which he who is already a laborer gains or loses the right
  3462. of occupancy; that is, property?
  3463. Being unable, at this time, to enter upon a detailed discussion of the
  3464. Code, I shall content myself with examining the three arguments oftenest
  3465. resorted to in support of property. 1. APPROPRIATION, or the formation
  3466. of property by possession; 2. THE CONSENT OF MANKIND; 3. PRESCRIPTION. I
  3467. shall then inquire into the effects of labor upon the relative condition
  3468. of the laborers and upon property.
  3469. % 1.--The Land cannot be Appropriated.
  3470. "It would seem that lands capable of cultivation ought to be regarded
  3471. as natural wealth, since they are not of human creation, but Nature's
  3472. gratuitous gift to man; but inasmuch as this wealth is not fugitive,
  3473. like the air and water,--inasmuch as a field is a fixed and limited
  3474. space which certain men have been able to appropriate, to the
  3475. exclusion of all others who in their turn have consented to this
  3476. appropriation,--the land, which was a natural and gratuitous gift,
  3477. has become social wealth, for the use of which we ought to pay."--SAY:
  3478. POLITICAL ECONOMY.
  3479. Was I wrong in saying, at the beginning of this chapter, that the
  3480. economists are the very worst authorities in matters of legislation and
  3481. philosophy? It is the FATHER of this class of men who clearly states
  3482. the question, How can the supplies of Nature, the wealth created by
  3483. Providence, become private property? and who replies by so gross an
  3484. equivocation that we scarcely know which the author lacks, sense or
  3485. honesty. What, I ask, has the fixed and solid nature of the earth to do
  3486. with the right of appropriation? I can understand that a thing LIMITED
  3487. and STATIONARY, like the land, offers greater chances for appropriation
  3488. than the water or the sunshine; that it is easier to exercise the right
  3489. of domain over the soil than over the atmosphere: but we are not dealing
  3490. with the difficulty of the thing, and Say confounds the right with the
  3491. possibility. We do not ask why the earth has been appropriated to a
  3492. greater extent than the sea and the air; we want to know by what right
  3493. man has appropriated wealth WHICH HE DID NOT CREATE, AND WHICH NATURE
  3494. GAVE TO HIM GRATUITOUSLY.
  3495. Say, then, did not solve the question which he asked. But if he had
  3496. solved it, if the explanation which he has given us were as satisfactory
  3497. as it is illogical, we should know no better than before who has a right
  3498. to exact payment for the use of the soil, of this wealth which is not
  3499. man's handiwork. Who is entitled to the rent of the land? The producer
  3500. of the land, without doubt. Who made the land? God. Then, proprietor,
  3501. retire!
  3502. But the creator of the land does not sell it: he gives it; and, in
  3503. giving it, he is no respecter of persons. Why, then, are some of his
  3504. children regarded as legitimate, while others are treated as bastards?
  3505. If the equality of shares was an original right, why is the inequality
  3506. of conditions a posthumous right?
  3507. Say gives us to understand that if the air and the water were not of a
  3508. FUGITIVE nature, they would have been appropriated. Let me observe in
  3509. passing that this is more than an hypothesis; it is a reality. Men have
  3510. appropriated the air and the water, I will not say as often as they
  3511. could, but as often as they have been allowed to.
  3512. The Portuguese, having discovered the route to India by the Cape of
  3513. Good Hope, pretended to have the sole right to that route; and Grotius,
  3514. consulted in regard to this matter by the Dutch who refused to recognize
  3515. this right, wrote expressly for this occasion his treatise on
  3516. the "Freedom of the Seas," to prove that the sea is not liable to
  3517. appropriation.
  3518. The right to hunt and fish used always to be confined to lords and
  3519. proprietors; to-day it is leased by the government and communes to
  3520. whoever can pay the license-fee and the rent. To regulate hunting and
  3521. fishing is an excellent idea, but to make it a subject of sale is to
  3522. create a monopoly of air and water.
  3523. What is a passport? A universal recommendation of the traveller's
  3524. person; a certificate of security for himself and his property. The
  3525. treasury, whose nature it is to spoil the best things, has made the
  3526. passport a means of espionage and a tax. Is not this a sale of the right
  3527. to travel?
  3528. Finally, it is permissible neither to draw water from a spring situated
  3529. in another's grounds without the permission of the proprietor, because
  3530. by the right of accession the spring belongs to the possessor of the
  3531. soil, if there is no other claim; nor to pass a day on his premises
  3532. without paying a tax; nor to look at a court, a garden, or an orchard,
  3533. without the consent of the proprietor; nor to stroll in a park or an
  3534. enclosure against the owner's will: every one is allowed to shut himself
  3535. up and to fence himself in. All these prohibitions are so many positive
  3536. interdictions, not only of the land, but of the air and water. We who
  3537. belong to the proletaire class: property excommunicates us! _Terra, et
  3538. aqua, et aere, et igne interdicti sumus_.
  3539. Men could not appropriate the most fixed of all the elements without
  3540. appropriating the three others; since, by French and Roman law, property
  3541. in the surface carries with it property from zenith to nadir--_Cujus
  3542. est solum, ejus est usque ad caelum_. Now, if the use of water, air,
  3543. and fire excludes property, so does the use of the soil. This chain of
  3544. reasoning seems to have been presented by M. Ch. Comte, in his "Treatise
  3545. on Property," chap. 5.
  3546. "If a man should be deprived of air for a few moments only, he would
  3547. cease to exist, and a partial deprivation would cause him severe
  3548. suffering; a partial or complete deprivation of food would produce like
  3549. effects upon him though less suddenly; it would be the same, at least
  3550. in certain climates! were he deprived of all clothing and shelter.... To
  3551. sustain life, then, man needs continually to appropriate many different
  3552. things. But these things do not exist in like proportions. Some, such as
  3553. the light of the stars, the atmosphere of the earth, the water composing
  3554. the seas and oceans, exist in such large quantities that men cannot
  3555. perceive any sensible increase or diminution; each one can appropriate
  3556. as much as his needs require without detracting from the enjoyment of
  3557. others, without causing them the least harm. Things of this sort are, so
  3558. to speak, the common property of the human race; the only duty imposed
  3559. upon each individual in this regard is that of infringing not at all
  3560. upon the rights of others."
  3561. Let us complete the argument of M. Ch. Comte. A man who should be
  3562. prohibited from walking in the highways, from resting in the fields,
  3563. from taking shelter in caves, from lighting fires, from picking berries,
  3564. from gathering herbs and boiling them in a bit of baked clay,--such
  3565. a man could not live. Consequently the earth--like water, air, and
  3566. light--is a primary object of necessity which each has a right to use
  3567. freely, without infringing another's right. Why, then, is the earth
  3568. appropriated? M. Ch. Comte's reply is a curious one. Say pretends that
  3569. it is because it is not FUGITIVE; M. Ch. Comte assures us that it
  3570. is because it is not INFINITE. The land is limited in amount. Then,
  3571. according to M. Ch. Comte, it ought to be appropriated. It would
  3572. seem, on the contrary, that he ought to say, Then it ought not to be
  3573. appropriated. Because, no matter how large a quantity of air or light
  3574. any one appropriates, no one is damaged thereby; there always remains
  3575. enough for all. With the soil, it is very different. Lay hold who will,
  3576. or who can, of the sun's rays, the passing breeze, or the sea's billows;
  3577. he has my consent, and my pardon for his bad intentions. But let any
  3578. living man dare to change his right of territorial possession into the
  3579. right of property, and I will declare war upon him, and wage it to the
  3580. death!
  3581. M. Ch. Comte's argument disproves his position. "Among the things
  3582. necessary to the preservation of life," he says, "there are some which
  3583. exist in such large quantities that they are inexhaustible; others which
  3584. exist in lesser quantities, and can satisfy the wants of only a certain
  3585. number of persons. The former are called COMMON, the latter PRIVATE."
  3586. This reasoning is not strictly logical. Water, air, and light are
  3587. COMMON things, not because they are INEXHAUSTIBLE, but because they are
  3588. INDISPENSABLE; and so indispensable that for that very reason Nature
  3589. has created them in quantities almost infinite, in order that their
  3590. plentifulness might prevent their appropriation. Likewise the land
  3591. is indispensable to our existence,--consequently a common thing,
  3592. consequently insusceptible of appropriation; but land is much scarcer
  3593. than the other elements, therefore its use must be regulated, not for
  3594. the profit of a few, but in the interest and for the security of all.
  3595. In a word, equality of rights is proved by equality of needs. Now,
  3596. equality of rights, in the case of a commodity which is limited in
  3597. amount, can be realized only by equality of possession. An agrarian law
  3598. underlies M. Ch. Comte's arguments.
  3599. From whatever point we view this question of property--provided we go
  3600. to the bottom of it--we reach equality. I will not insist farther on
  3601. the distinction between things which can, and things which cannot, be
  3602. appropriated. On this point, economists and legists talk worse than
  3603. nonsense. The Civil Code, after having defined property, says nothing
  3604. about susceptibility of appropriation; and if it speaks of things which
  3605. are in THE MARKET, it always does so without enumerating or describing
  3606. them. However, light is not wanting. There are some few maxims such as
  3607. these: _Ad reges potestas omnium pertinet, ad singulos proprietas; Omnia
  3608. rex imperio possidet, singula dominio_. Social sovereignty opposed to
  3609. private property!--might not that be called a prophecy of equality, a
  3610. republican oracle? Examples crowd upon us: once the possessions of
  3611. the church, the estates of the crown, the fiefs of the nobility
  3612. were inalienable and imprescriptible. If, instead of abolishing this
  3613. privilege, the Constituent had extended it to every individual; if
  3614. it had declared that the right of labor, like liberty, can never be
  3615. forfeited,--at that moment the revolution would have been consummated,
  3616. and we could now devote ourselves to improvement in other directions.
  3617. % 2.--Universal Consent no Justification of Property.
  3618. In the extract from Say, quoted above, it is not clear whether the
  3619. author means to base the right of property on the stationary character
  3620. of the soil, or on the consent which he thinks all men have granted
  3621. to this appropriation. His language is such that it may mean either
  3622. of these things, or both at once; which entitles us to assume that the
  3623. author intended to say, "The right of property resulting originally from
  3624. the exercise of the will, the stability of the soil permitted it to be
  3625. applied to the land, and universal consent has since sanctioned this
  3626. application."
  3627. However that may be, can men legitimate property by mutual consent? I
  3628. say, no. Such a contract, though drafted by Grotius, Montesquieu, and J.
  3629. J. Rousseau, though signed by the whole human race, would be null in the
  3630. eyes of justice, and an act to enforce it would be illegal. Man can
  3631. no more give up labor than liberty. Now, to recognize the right of
  3632. territorial property is to give up labor, since it is to relinquish
  3633. the means of labor; it is to traffic in a natural right, and divest
  3634. ourselves of manhood.
  3635. But I wish that this consent, of which so much is made, had been given,
  3636. either tacitly or formally. What would have been the result? Evidently,
  3637. the surrenders would have been reciprocal; no right would have been
  3638. abandoned without the receipt of an equivalent in exchange. We thus come
  3639. back to equality again,--the sine qua non of appropriation; so that,
  3640. after having justified property by universal consent, that is, by
  3641. equality, we are obliged to justify the inequality of conditions by
  3642. property. Never shall we extricate ourselves from this dilemma. Indeed,
  3643. if, in the terms of the social compact, property has equality for its
  3644. condition, at the moment when equality ceases to exist, the compact is
  3645. broken and all property becomes usurpation. We gain nothing, then, by
  3646. this pretended consent of mankind.
  3647. % 3.--Prescription Gives No Title to Property.
  3648. The right of property was the origin of evil on the earth, the first
  3649. link in the long chain of crimes and misfortunes which the human race
  3650. has endured since its birth. The delusion of prescription is the fatal
  3651. charm thrown over the intellect, the death sentence breathed into the
  3652. conscience, to arrest man's progress towards truth, and bolster up the
  3653. worship of error.
  3654. The Code defines prescription thus: "The process of gaining and losing
  3655. through the lapse of time." In applying this definition to ideas and
  3656. beliefs, we may use the word PRESCRIPTION to denote the everlasting
  3657. prejudice in favor of old superstitions, whatever be their object; the
  3658. opposition, often furious and bloody, with which new light has always
  3659. been received, and which makes the sage a martyr. Not a principle, not a
  3660. discovery, not a generous thought but has met, at its entrance into the
  3661. world, with a formidable barrier of preconceived opinions, seeming
  3662. like a conspiracy of all old prejudices. Prescriptions against reason,
  3663. prescriptions against facts, prescriptions against every truth hitherto
  3664. unknown,--that is the sum and substance of the _statu quo_ philosophy,
  3665. the watchword of conservatives throughout the centuries.
  3666. When the evangelical reform was broached to the world, there was
  3667. prescription in favor of violence, debauchery, and selfishness; when
  3668. Galileo, Descartes, Pascal, and their disciples reconstructed philosophy
  3669. and the sciences, there was prescription in favor of the Aristotelian
  3670. philosophy; when our fathers of '89 demanded liberty and equality, there
  3671. was prescription in favor of tyranny and privilege. "There always have
  3672. been proprietors and there always will be:" it is with this profound
  3673. utterance, the final effort of selfishness dying in its last ditch,
  3674. that the friends of social inequality hope to repel the attacks of their
  3675. adversaries; thinking undoubtedly that ideas, like property, can be lost
  3676. by prescription.
  3677. Enlightened to-day by the triumphal march of science, taught by the most
  3678. glorious successes to question our own opinions, we receive with favor
  3679. and applause the observer of Nature, who, by a thousand experiments
  3680. based upon the most profound analysis, pursues a new principle, a law
  3681. hitherto undiscovered. We take care to repel no idea, no fact, under the
  3682. pretext that abler men than ourselves lived in former days, who did not
  3683. notice the same phenomena, nor grasp the same analogies. Why do we not
  3684. preserve a like attitude towards political and philosophical questions?
  3685. Why this ridiculous mania for affirming that every thing has been said,
  3686. which means that we know all about mental and moral science? Why is
  3687. the proverb, THERE IS NOTHING NEW UNDER THE SUN, applied exclusively to
  3688. metaphysical investigations?
  3689. Because we still study philosophy with the imagination, instead of by
  3690. observation and method; because fancy and will are universally regarded
  3691. as judges, in the place of arguments and facts,--it has been impossible
  3692. to this day to distinguish the charlatan from the philosopher, the
  3693. savant from the impostor. Since the days of Solomon and Pythagoras,
  3694. imagination has been exhausted in guessing out social and psychological
  3695. laws; all systems have been proposed. Looked at in this light, it is
  3696. probably true that EVERY THING HAS BEEN SAID; but it is no less true
  3697. that EVERY THING REMAINS TO BE PROVED. In politics (to take only this
  3698. branch of philosophy), in politics every one is governed in his choice
  3699. of party by his passion and his interests; the mind is submitted to the
  3700. impositions of the will,--there is no knowledge, there is not even a
  3701. shadow of certainty. In this way, general ignorance produces general
  3702. tyranny; and while liberty of thought is written in the charter, slavery
  3703. of thought, under the name of MAJORITY RULE, is decreed by the charter.
  3704. In order to confine myself to the civil prescription of which the Code
  3705. speaks, I shall refrain from beginning a discussion upon this worn-out
  3706. objection brought forward by proprietors; it would be too tiresome
  3707. and declamatory. Everybody knows that there are rights which cannot be
  3708. prescribed; and, as for those things which can be gained through the
  3709. lapse of time, no one is ignorant of the fact that prescription requires
  3710. certain conditions, the omission of one of which renders it null. If it
  3711. is true, for example, that the proprietor's possession has been CIVIL,
  3712. PUBLIC, PEACEABLE, and UNINTERRUPTED, it is none the less true that
  3713. it is not based on a just title; since the only titles which it can
  3714. show--occupation and labor--prove as much for the proletaire who
  3715. demands, as for the proprietor who defends. Further, this possession is
  3716. DISHONEST, since it is founded on a violation of right, which prevents
  3717. prescription, according to the saying of St. Paul--_Nunquam in
  3718. usucapionibus juris error possessori prodest_. The violation of right
  3719. lies either in the fact that the holder possesses as proprietor, while
  3720. he should possess only as usufructuary; or in the fact that he has
  3721. purchased a thing which no one had a right to transfer or sell.
  3722. Another reason why prescription cannot be adduced in favor of property
  3723. (a reason borrowed from jurisprudence) is that the right to possess
  3724. real estate is a part of a universal right which has never been totally
  3725. destroyed even at the most critical periods; and the proletaire, in
  3726. order to regain the power to exercise it fully, has only to prove that
  3727. he has always exercised it in part.
  3728. He, for example, who has the universal right to possess, give, exchange,
  3729. loan, let, sell, transform, or destroy a thing, preserves the integrity
  3730. of this right by the sole act of loaning, though he has never shown his
  3731. authority in any other manner. Likewise we shall see that EQUALITY OF
  3732. POSSESSIONS, EQUALITY OF RIGHTS, LIBERTY, WILL, PERSONALITY, are so
  3733. many identical expressions of one and the same idea,--the RIGHT OF
  3734. PRESERVATION and DEVELOPMENT; in a word, the right of life, against
  3735. which there can be no prescription until the human race has vanished
  3736. from the face of the earth.
  3737. Finally, as to the time required for prescription, it would be
  3738. superfluous to show that the right of property in general cannot be
  3739. acquired by simple possession for ten, twenty, a hundred, a thousand,
  3740. or one hundred thousand years; and that, so long as there exists a human
  3741. head capable of understanding and combating the right of property, this
  3742. right will never be prescribed. For principles of jurisprudence and
  3743. axioms of reason are different from accidental and contingent facts.
  3744. One man's possession can prescribe against another man's possession; but
  3745. just as the possessor cannot prescribe against himself, so reason has
  3746. always the faculty of change and reformation. Past error is not binding
  3747. on the future. Reason is always the same eternal force. The institution
  3748. of property, the work of ignorant reason, may be abrogated by a more
  3749. enlightened reason. Consequently, property cannot be established by
  3750. prescription. This is so certain and so true, that on it rests the
  3751. maxim that in the matter of prescription a violation of right goes for
  3752. nothing.
  3753. But I should be recreant to my method, and the reader would have the
  3754. right to accuse me of charlatanism and bad faith, if I had nothing
  3755. further to advance concerning prescription. I showed, in the first
  3756. place, that appropriation of land is illegal; and that, supposing it to
  3757. be legal, it must be accompanied by equality of property. I have shown,
  3758. in the second place, that universal consent proves nothing in favor
  3759. of property; and that, if it proves any thing, it proves equality of
  3760. property. I have yet to show that prescription, if admissible at all,
  3761. presupposes equality of property.
  3762. This demonstration will be neither long nor difficult. I need only to
  3763. call attention to the reasons why prescription was introduced.
  3764. "Prescription," says Dunod, "seems repugnant to natural equity, which
  3765. permits no one either to deprive another of his possessions without his
  3766. knowledge and consent, or to enrich himself at another's expense. But as
  3767. it might often happen, in the absence of prescription, that one who had
  3768. honestly earned would be ousted after long possession; and even that
  3769. he who had received a thing from its rightful owner, or who had been
  3770. legitimately relieved from all obligations, would, on losing his title,
  3771. be liable to be dispossessed or subjected again,--the public welfare
  3772. demanded that a term should be fixed, after the expiration of which no
  3773. one should be allowed to disturb actual possessors, or reassert rights
  3774. too long neglected.... The civil law, in regulating prescription, has
  3775. aimed, then, only to perfect natural law, and to supplement the law of
  3776. nations; and as it is founded on the public good, which should always be
  3777. considered before individual welfare,--_bono publico usucapio introducta
  3778. est_,--it should be regarded with favor, provided the conditions
  3779. required by the law are fulfilled."
  3780. Toullier, in his "Civil Law," says: "In order that the question of
  3781. proprietorship may not remain too long unsettled, and thereby injure the
  3782. public welfare, disturbing the peace of families and the stability of
  3783. social transactions, the law has fixed a time when all claims shall be
  3784. cancelled, and possession shall regain its ancient prerogative through
  3785. its transformation into property."
  3786. Cassiodorus said of property, that it was the only safe harbor in
  3787. which to seek shelter from the tempests of chicanery and the gales of
  3788. avarice--_Hic unus inter humanas pro cellas portus, quem si homines
  3789. fervida voluntate praeterierint; in undosis semper jurgiis errabunt_.
  3790. Thus, in the opinion of the authors, prescription is a means of
  3791. preserving public order; a restoration in certain cases of the original
  3792. mode of acquiring property; a fiction of the civil law which derives
  3793. all its force from the necessity of settling differences which otherwise
  3794. would never end. For, as Grotius says, time has no power to produce
  3795. effects; all things happen in time, but nothing is done by time.
  3796. Prescription, or the right of acquisition through the lapse of time, is,
  3797. therefore, a fiction of the law, conventionally adopted.
  3798. But all property necessarily originated in prescription, or, as the
  3799. Latins say, in _usucapion;_ that is, in continued possession.
  3800. I ask, then, in the first place, how possession can become property by
  3801. the lapse of time? Continue possession as long as you wish, continue
  3802. it for years and for centuries, you never can give duration--which of
  3803. itself creates nothing, changes nothing, modifies nothing--the power
  3804. to change the usufructuary into a proprietor. Let the civil law secure
  3805. against chance-comers the honest possessor who has held his position
  3806. for many years,--that only confirms a right already respected; and
  3807. prescription, applied in this way, simply means that possession which
  3808. has continued for twenty, thirty, or a hundred years shall be retained
  3809. by the occupant. But when the law declares that the lapse of time
  3810. changes possessor into proprietor, it supposes that a right can be
  3811. created without a producing cause; it unwarrantably alters the character
  3812. of the subject; it legislates on a matter not open to legislation; it
  3813. exceeds its own powers. Public order and private security ask only
  3814. that possession shall be protected. Why has the law created property?
  3815. Prescription was simply security for the future; why has the law made it
  3816. a matter of privilege?
  3817. Thus the origin of prescription is identical with that of property
  3818. itself; and since the latter can legitimate itself only when accompanied
  3819. by equality, prescription is but another of the thousand forms which the
  3820. necessity of maintaining this precious equality has taken. And this is
  3821. no vain induction, no far-fetched inference. The proof is written in all
  3822. the codes.
  3823. And, indeed, if all nations, through their instinct of justice and their
  3824. conservative nature, have recognized the utility and the necessity
  3825. of prescription; and if their design has been to guard thereby the
  3826. interests of the possessor,--could they not do something for the absent
  3827. citizen, separated from his family and his country by commerce, war, or
  3828. captivity, and in no position to exercise his right of possession? No.
  3829. Also, at the same time that prescription was introduced into the laws,
  3830. it was admitted that property is preserved by intent alone,--_nudo
  3831. animo_. Now, if property is preserved by intent alone, if it can be
  3832. lost only by the action of the proprietor, what can be the use of
  3833. prescription? How does the law dare to presume that the proprietor, who
  3834. preserves by intent alone, intended to abandon that which he has allowed
  3835. to be prescribed? What lapse of time can warrant such a conjecture;
  3836. and by what right does the law punish the absence of the proprietor by
  3837. depriving him of his goods? What then! we found but a moment since that
  3838. prescription and property were identical; and now we find that they are
  3839. mutually destructive!
  3840. Grotius, who perceived this difficulty, replied so singularly that his
  3841. words deserve to be quoted: _Bene sperandum de hominibus, ac propterea
  3842. non putandum eos hoc esse animo ut, rei caducae causa, hominem alterum
  3843. velint in perpetuo peccato versari, quo d evitari saepe non poterit sine
  3844. tali derelictione_.
  3845. "Where is the man," he says, "with so unchristian a soul that, for a
  3846. trifle, he would perpetuate the trespass of a possessor, which would
  3847. inevitably be the result if he did not consent to abandon his right?" By
  3848. the Eternal! I am that man. Though a million proprietors should burn for
  3849. it in hell, I lay the blame on them for depriving me of my portion of
  3850. this world's goods. To this powerful consideration Grotius rejoins, that
  3851. it is better to abandon a disputed right than to go to law, disturb the
  3852. peace of nations, and stir up the flames of civil war. I accept, if you
  3853. wish it, this argument, provided you indemnify me. But if this indemnity
  3854. is refused me, what do I, a proletaire, care for the tranquillity and
  3855. security of the rich? I care as little for PUBLIC ORDER as for the
  3856. proprietor's safety. I ask to live a laborer; otherwise I will die a
  3857. warrior.
  3858. Whichever way we turn, we shall come to the conclusion that prescription
  3859. is a contradiction of property; or rather that prescription and property
  3860. are two forms of the same principle, but two forms which serve to
  3861. correct each other; and ancient and modern jurisprudence did not make
  3862. the least of its blunders in pretending to reconcile them. Indeed, if
  3863. we see in the institution of property only a desire to secure to
  3864. each individual his share of the soil and his right to labor; in the
  3865. distinction between naked property and possession only an asylum for
  3866. absentees, orphans, and all who do not know, or cannot maintain, their
  3867. rights; in prescription only a means, either of defence against unjust
  3868. pretensions and encroachments, or of settlement of the differences
  3869. caused by the removal of possessors,--we shall recognize in these
  3870. various forms of human justice the spontaneous efforts of the mind to
  3871. come to the aid of the social instinct; we shall see in this protection
  3872. of all rights the sentiment of equality, a constant levelling tendency.
  3873. And, looking deeper, we shall find in the very exaggeration of these
  3874. principles the confirmation of our doctrine; because, if equality of
  3875. conditions and universal association are not soon realized, it will be
  3876. owing to the obstacle thrown for the time in the way of the common sense
  3877. of the people by the stupidity of legislators and judges; and also to
  3878. the fact that, while society in its original state was illuminated with
  3879. a flash of truth, the early speculations of its leaders could bring
  3880. forth nothing but darkness.
  3881. After the first covenants, after the first draughts of laws and
  3882. constitutions, which were the expression of man's primary needs, the
  3883. legislator's duty was to reform the errors of legislation; to complete
  3884. that which was defective; to harmonize, by superior definitions, those
  3885. things which seemed to conflict. Instead of that, they halted at the
  3886. literal meaning of the laws, content to play the subordinate part of
  3887. commentators and scholiasts. Taking the inspirations of the human mind,
  3888. at that time necessarily weak and faulty, for axioms of eternal and
  3889. unquestionable truth,--influenced by public opinion, enslaved by the
  3890. popular religion,--they have invariably started with the principle
  3891. (following in this respect the example of the theologians) that that is
  3892. infallibly true which has been admitted by all persons, in all places,
  3893. and at all times--_quod ab omnibus, quod ubique, quod semper;_ as if a
  3894. general but spontaneous opinion was any thing more than an indication of
  3895. the truth. Let us not be deceived: the opinion of all nations may serve
  3896. to authenticate the perception of a fact, the vague sentiment of a law;
  3897. it can teach us nothing about either fact or law. The consent of mankind
  3898. is an indication of Nature; not, as Cicero says, a law of Nature. Under
  3899. the indication is hidden the truth, which faith can believe, but only
  3900. thought can know. Such has been the constant progress of the human mind
  3901. in regard to physical phenomena and the creations of genius: how can
  3902. it be otherwise with the facts of conscience and the rules of human
  3903. conduct?
  3904. % 4.--Labor--That Labor Has No Inherent Power to Appropriate Natural
  3905. Wealth.
  3906. We shall show by the maxims of political economy and law, that is, by
  3907. the authorities recognized by property,--
  3908. 1. That labor has no inherent power to appropriate natural wealth.
  3909. 2. That, if we admit that labor has this power, we are led directly to
  3910. equality of property,--whatever the kind of labor, however scarce the
  3911. product, or unequal the ability of the laborers.
  3912. 3. That, in the order of justice, labor DESTROYS property.
  3913. Following the example of our opponents, and that we may leave no
  3914. obstacles in the path, let us examine the question in the strongest
  3915. possible light.
  3916. M. Ch. Comte says, in his "Treatise on Property:"--
  3917. "France, considered as a nation, has a territory which is her own."
  3918. France, as an individuality, possesses a territory which she cultivates;
  3919. it is not her property. Nations are related to each other as individuals
  3920. are: they are commoners and workers; it is an abuse of language to call
  3921. them proprietors. The right of use and abuse belongs no more to nations
  3922. than to men; and the time will come when a war waged for the purpose of
  3923. checking a nation in its abuse of the soil will be regarded as a holy
  3924. war.
  3925. Thus, M. Ch. Comte--who undertakes to explain how property comes into
  3926. existence, and who starts with the supposition that a nation is a
  3927. proprietor--falls into that error known as BEGGING THE QUESTION; a
  3928. mistake which vitiates his whole argument.
  3929. If the reader thinks it is pushing logic too far to question a nation's
  3930. right of property in the territory which it possesses, I will simply
  3931. remind him of the fact that at all ages the results of the fictitious
  3932. right of national property have been pretensions to suzerainty,
  3933. tributes, monarchical privileges, statute-labor, quotas of men and
  3934. money, supplies of merchandise, &c.; ending finally in refusals to pay
  3935. taxes, insurrections, wars, and depopulations.
  3936. "Scattered through this territory are extended tracts of land, which
  3937. have not been converted into individual property. These lands, which
  3938. consist mainly of forests, belong to the whole population, and the
  3939. government, which receives the revenues, uses or ought to use them in
  3940. the interest of all."
  3941. OUGHT TO USE is well said: a lie is avoided thereby.
  3942. "Let them be offered for sale...."
  3943. Why offered for sale? Who has a right to sell them? Even were the nation
  3944. proprietor, can the generation of to-day dispossess the generation of
  3945. to-morrow? The nation, in its function of usufructuary, possesses
  3946. them; the government rules, superintends, and protects them. If it also
  3947. granted lands, it could grant only their use; it has no right to sell
  3948. them or transfer them in any way whatever. Not being a proprietor, how
  3949. can it transmit property?
  3950. "Suppose some industrious man buys a portion, a large swamp for example.
  3951. This would be no usurpation, since the public would receive the exact
  3952. value through the hands of the government, and would be as rich after
  3953. the sale as before."
  3954. How ridiculous! What! because a prodigal, imprudent, incompetent
  3955. official sells the State's possessions, while I, a ward of the State,--I
  3956. who have neither an advisory nor a deliberative voice in the State
  3957. councils,--while I am allowed to make no opposition to the sale,
  3958. this sale is right and legal! The guardians of the nation waste its
  3959. substance, and it has no redress! I have received, you tell me, through
  3960. the hands of the government my share of the proceeds of the sale: but,
  3961. in the first place, I did not wish to sell; and, had I wished to, I
  3962. could not have sold. I had not the right. And then I do not see that I
  3963. am benefited by the sale. My guardians have dressed up some soldiers,
  3964. repaired an old fortress, erected in their pride some costly but
  3965. worthless monument,--then they have exploded some fireworks and set up a
  3966. greased pole! What does all that amount to in comparison with my loss?
  3967. The purchaser draws boundaries, fences himself in, and says, "This is
  3968. mine; each one by himself, each one for himself." Here, then, is a piece
  3969. of land upon which, henceforth, no one has a right to step, save
  3970. the proprietor and his friends; which can benefit nobody, save the
  3971. proprietor and his servants. Let these sales multiply, and soon the
  3972. people--who have been neither able nor willing to sell, and who have
  3973. received none of the proceeds of the sale--will have nowhere to rest,
  3974. no place of shelter, no ground to till. They will die of hunger at
  3975. the proprietor's door, on the edge of that property which was their
  3976. birthright; and the proprietor, watching them die, will exclaim, "So
  3977. perish idlers and vagrants!"
  3978. To reconcile us to the proprietor's usurpation, M. Ch. Comte assumes the
  3979. lands to be of little value at the time of sale.
  3980. "The importance of these usurpations should not be exaggerated: they
  3981. should be measured by the number of men which the occupied land would
  3982. support, and by the means which it would furnish them.
  3983. "It is evident, for instance, that if a piece of land which is worth
  3984. to-day one thousand francs was worth only five centimes when it was
  3985. usurped, we really lose only the value of five centimes. A square league
  3986. of earth would be hardly sufficient to support a savage in distress;
  3987. to-day it supplies one thousand persons with the means of existence.
  3988. Nine hundred and ninety-nine parts of this land is the legitimate
  3989. property of the possessors; only one-thousandth of the value has been
  3990. usurped."
  3991. A peasant admitted one day, at confession, that he had destroyed a
  3992. document which declared him a debtor to the amount of three hundred
  3993. francs. Said the father confessor, "You must return these three hundred
  3994. francs." "No," replied the peasant, "I will return a penny to pay for
  3995. the paper."
  3996. M. Ch. Comte's logic resembles this peasant's honesty. The soil has not
  3997. only an integrant and actual value, it has also a potential value,--a
  3998. value of the future,--which depends on our ability to make it valuable,
  3999. and to employ it in our work. Destroy a bill of exchange, a promissory
  4000. note, an annuity deed,--as a paper you destroy almost no value at all;
  4001. but with this paper you destroy your title, and, in losing your title,
  4002. you deprive yourself of your goods. Destroy the land, or, what is the
  4003. same thing, sell it,--you not only transfer one, two, or several crops,
  4004. but you annihilate all the products that you could derive from it; you
  4005. and your children and your children's children.
  4006. When M. Ch. Comte, the apostle of property and the eulogist of labor,
  4007. supposes an alienation of the soil on the part of the government, we
  4008. must not think that he does so without reason and for no purpose; it
  4009. is a necessary part of his position. As he rejected the theory of
  4010. occupancy, and as he knew, moreover, that labor could not constitute the
  4011. right in the absence of a previous permission to occupy, he was obliged
  4012. to connect this permission with the authority of the government, which
  4013. means that property is based upon the sovereignty of the people;
  4014. in other words, upon universal consent. This theory we have already
  4015. considered.
  4016. To say that property is the daughter of labor, and then to give labor
  4017. material on which to exercise itself, is, if I am not mistaken, to
  4018. reason in a circle. Contradictions will result from it.
  4019. "A piece of land of a certain size produces food enough to supply a man
  4020. for one day. If the possessor, through his labor, discovers some method
  4021. of making it produce enough for two days, he doubles its value. This
  4022. new value is his work, his creation: it is taken from nobody; it is his
  4023. property."
  4024. I maintain that the possessor is paid for his trouble and industry in
  4025. his doubled crop, but that he acquires no right to the land. "Let
  4026. the laborer have the fruits of his labor." Very good; but I do not
  4027. understand that property in products carries with it property in raw
  4028. material. Does the skill of the fisherman, who on the same coast
  4029. can catch more fish than his fellows, make him proprietor of the
  4030. fishing-grounds? Can the expertness of a hunter ever be regarded as
  4031. a property-title to a game-forest? The analogy is perfect,--the
  4032. industrious cultivator finds the reward of his industry in the abundancy
  4033. and superiority of his crop. If he has made improvements in the soil, he
  4034. has the possessor's right of preference. Never, under any circumstances,
  4035. can he be allowed to claim a property-title to the soil which he
  4036. cultivates, on the ground of his skill as a cultivator.
  4037. To change possession into property, something is needed besides labor,
  4038. without which a man would cease to be proprietor as soon as he ceased
  4039. to be a laborer. Now, the law bases property upon immemorial,
  4040. unquestionable possession; that is, prescription. Labor is only the
  4041. sensible sign, the physical act, by which occupation is manifested. If,
  4042. then, the cultivator remains proprietor after he has ceased to labor
  4043. and produce; if his possession, first conceded, then tolerated, finally
  4044. becomes inalienable,--it happens by permission of the civil law, and by
  4045. virtue of the principle of occupancy. So true is this, that there is not
  4046. a bill of sale, not a farm lease, not an annuity, but implies it. I will
  4047. quote only one example.
  4048. How do we measure the value of land? By its product. If a piece of land
  4049. yields one thousand francs, we say that at five per cent. it is worth
  4050. twenty thousand francs; at four per cent. twenty-five thousand francs,
  4051. &c.; which means, in other words, that in twenty or twenty-five years'
  4052. time the purchaser would recover in full the amount originally paid for
  4053. the land. If, then, after a certain length of time, the price of a piece
  4054. of land has been wholly recovered, why does the purchaser continue to be
  4055. proprietor? Because of the right of occupancy, in the absence of which
  4056. every sale would be a redemption.
  4057. The theory of appropriation by labor is, then, a contradiction of the
  4058. Code; and when the partisans of this theory pretend to explain the laws
  4059. thereby, they contradict themselves.
  4060. "If men succeed in fertilizing land hitherto unproductive, or even
  4061. death-producing, like certain swamps, they create thereby property in
  4062. all its completeness."
  4063. What good does it do to magnify an expression, and play with
  4064. equivocations, as if we expected to change the reality thereby? THEY
  4065. CREATE PROPERTY IN ALL ITS COMPLETENESS. You mean that they create a
  4066. productive capacity which formerly did not exist; but this capacity
  4067. cannot be created without material to support it. The substance of the
  4068. soil remains the same; only its qualities and modifications are changed.
  4069. Man has created every thing--every thing save the material itself. Now,
  4070. I maintain that this material he can only possess and use, on condition
  4071. of permanent labor,--granting, for the time being, his right of property
  4072. in things which he has produced.
  4073. This, then, is the first point settled: property in product, if we grant
  4074. so much, does not carry with it property in the means of production;
  4075. that seems to me to need no further demonstration. There is no
  4076. difference between the soldier who possesses his arms, the mason
  4077. who possesses the materials committed to his care, the fisherman who
  4078. possesses the water, the hunter who possesses the fields and forests,
  4079. and the cultivator who possesses the lands: all, if you say so, are
  4080. proprietors of their products--not one is proprietor of the means of
  4081. production. The right to product is exclusive--jus in re; the right to
  4082. means is common--jus ad rem.
  4083. % 5.--That Labor leads to Equality of Property.
  4084. Admit, however, that labor gives a right of property in material.
  4085. Why is not this principle universal? Why is the benefit of this
  4086. pretended law confined to a few and denied to the mass of laborers?
  4087. A philosopher, arguing that all animals sprang up formerly out of the
  4088. earth warmed by the rays of the sun, almost like mushrooms, on being
  4089. asked why the earth no longer yielded crops of that nature, replied:
  4090. "Because it is old, and has lost its fertility." Has labor, once so
  4091. fecund, likewise become sterile? Why does the tenant no longer acquire
  4092. through his labor the land which was formerly acquired by the labor of
  4093. the proprietor?
  4094. "Because," they say, "it is already appropriated." That is no answer. A
  4095. farm yields fifty bushels per hectare; the skill and labor of the tenant
  4096. double this product: the increase is created by the tenant. Suppose the
  4097. owner, in a spirit of moderation rarely met with, does not go to the
  4098. extent of absorbing this product by raising the rent, but allows the
  4099. cultivator to enjoy the results of his labor; even then justice is not
  4100. satisfied. The tenant, by improving the land, has imparted a new value
  4101. to the property; he, therefore, has a right to a part of the property.
  4102. If the farm was originally worth one hundred thousand francs, and if
  4103. by the labor of the tenant its value has risen to one hundred and fifty
  4104. thousand francs, the tenant, who produced this extra value, is the
  4105. legitimate proprietor of one-third of the farm. M. Ch. Comte could not
  4106. have pronounced this doctrine false, for it was he who said:--
  4107. "Men who increase the fertility of the earth are no less useful to their
  4108. fellow-men, than if they should create new land."
  4109. Why, then, is not this rule applicable to the man who improves the land,
  4110. as well as to him who clears it? The labor of the former makes the land
  4111. worth one; that of the latter makes it worth two: both create equal
  4112. values. Why not accord to both equal property? I defy any one to
  4113. refute this argument, without again falling back on the right of first
  4114. occupancy.
  4115. "But," it will be said, "even if your wish should be granted, property
  4116. would not be distributed much more evenly than now. Land does not go on
  4117. increasing in value for ever; after two or three seasons it attains its
  4118. maximum fertility. That which is added by the agricultural art results
  4119. rather from the progress of science and the diffusion of knowledge, than
  4120. from the skill of the cultivator. Consequently, the addition of a
  4121. few laborers to the mass of proprietors would be no argument against
  4122. property."
  4123. This discussion would, indeed, prove a well-nigh useless one, if our
  4124. labors culminated in simply extending land-privilege and industrial
  4125. monopoly; in emancipating only a few hundred laborers out of the
  4126. millions of proletaires. But this also is a misconception of our real
  4127. thought, and does but prove the general lack of intelligence and logic.
  4128. If the laborer, who adds to the value of a thing, has a right of
  4129. property in it, he who maintains this value acquires the same right.
  4130. For what is maintenance? It is incessant addition,--continuous creation.
  4131. What is it to cultivate? It is to give the soil its value every year;
  4132. it is, by annually renewed creation, to prevent the diminution or
  4133. destruction of the value of a piece of land. Admitting, then, that
  4134. property is rational and legitimate,--admitting that rent is equitable
  4135. and just,--I say that he who cultivates acquires property by as good a
  4136. title as he who clears, or he who improves; and that every time a tenant
  4137. pays his rent, he obtains a fraction of property in the land entrusted
  4138. to his care, the denominator of which is equal to the proportion of rent
  4139. paid. Unless you admit this, you fall into absolutism and tyranny; you
  4140. recognize class privileges; you sanction slavery.
  4141. Whoever labors becomes a proprietor--this is an inevitable deduction
  4142. from the acknowledged principles of political economy and jurisprudence.
  4143. And when I say proprietor, I do not mean simply (as do our hypocritical
  4144. economists) proprietor of his allowance, his salary, his wages,--I mean
  4145. proprietor of the value which he creates, and by which the master alone
  4146. profits.
  4147. As all this relates to the theory of wages and of the distribution of
  4148. products,--and as this matter never has been even partially cleared
  4149. up,--I ask permission to insist on it: this discussion will not
  4150. be useless to the work in hand. Many persons talk of admitting
  4151. working-people to a share in the products and profits; but in
  4152. their minds this participation is pure benevolence: they have never
  4153. shown--perhaps never suspected--that it was a natural, necessary right,
  4154. inherent in labor, and inseparable from the function of producer, even
  4155. in the lowest forms of his work.
  4156. This is my proposition: THE LABORER RETAINS, EVEN AFTER HE HAS RECEIVED
  4157. HIS WAGES, A NATURAL RIGHT OF PROPERTY IN THE THING WHICH HE HAS
  4158. PRODUCED.
  4159. I again quote M. Ch. Comte:--
  4160. "Some laborers are employed in draining marshes, in cutting down trees
  4161. and brushwood,--in a word, in cleaning up the soil. They increase the
  4162. value, they make the amount of property larger; they are paid for
  4163. the value which they add in the form of food and daily wages: it then
  4164. becomes the property of the capitalist."
  4165. The price is not sufficient: the labor of the workers has created a
  4166. value; now this value is their property. But they have neither sold
  4167. nor exchanged it; and you, capitalist, you have not earned it. That you
  4168. should have a partial right to the whole, in return for the materials
  4169. that you have furnished and the provisions that you have supplied, is
  4170. perfectly just. You contributed to the production, you ought to share in
  4171. the enjoyment. But your right does not annihilate that of the laborers,
  4172. who, in spite of you, have been your colleagues in the work of
  4173. production. Why do you talk of wages? The money with which you pay
  4174. the wages of the laborers remunerates them for only a few years of the
  4175. perpetual possession which they have abandoned to you. Wages is the cost
  4176. of the daily maintenance and refreshment of the laborer. You are wrong
  4177. in calling it the price of a sale. The workingman has sold nothing; he
  4178. knows neither his right, nor the extent of the concession which he has
  4179. made to you, nor the meaning of the contract which you pretend to
  4180. have made with him. On his side, utter ignorance; on yours, error and
  4181. surprise, not to say deceit and fraud.
  4182. Let us make this clearer by another and more striking example.
  4183. No one is ignorant of the difficulties that are met with in the
  4184. conversion of untilled land into arable and productive land. These
  4185. difficulties are so great, that usually an isolated man would perish
  4186. before he could put the soil in a condition to yield him even the most
  4187. meagre living. To that end are needed the united and combined efforts of
  4188. society, and all the resources of industry. M. Ch. Comte quotes on this
  4189. subject numerous and well-authenticated facts, little thinking that he
  4190. is amassing testimony against his own system.
  4191. Let us suppose that a colony of twenty or thirty families establishes
  4192. itself in a wild district, covered with underbrush and forests; and from
  4193. which, by agreement, the natives consent to withdraw. Each one of these
  4194. families possesses a moderate but sufficient amount of capital, of such
  4195. a nature as a colonist would be apt to choose,--animals, seeds, tools,
  4196. and a little money and food. The land having been divided, each one
  4197. settles himself as comfortably as possible, and begins to clear away the
  4198. portion allotted to him. But after a few weeks of fatigue, such as they
  4199. never before have known, of inconceivable suffering, of ruinous and
  4200. almost useless labor, our colonists begin to complain of their trade;
  4201. their condition seems hard to them; they curse their sad existence.
  4202. Suddenly, one of the shrewdest among them kills a pig, cures a part of
  4203. the meat; and, resolved to sacrifice the rest of his provisions, goes to
  4204. find his companions in misery. "Friends," he begins in a very benevolent
  4205. tone, "how much trouble it costs you to do a little work and live
  4206. uncomfortably! A fortnight of labor has reduced you to your last
  4207. extremity!... Let us make an arrangement by which you shall all profit.
  4208. I offer you provisions and wine: you shall get so much every day;
  4209. we will work together, and, zounds! my friends, we will be happy and
  4210. contented!"
  4211. Would it be possible for empty stomachs to resist such an invitation?
  4212. The hungriest of them follow the treacherous tempter. They go to work;
  4213. the charm of society, emulation, joy, and mutual assistance double their
  4214. strength; the work can be seen to advance. Singing and laughing, they
  4215. subdue Nature. In a short time, the soil is thoroughly changed; the
  4216. mellowed earth waits only for the seed. That done, the proprietor pays
  4217. his laborers, who, on going away, return him their thanks, and grieve
  4218. that the happy days which they have spent with him are over.
  4219. Others follow this example, always with the same success. Then, these
  4220. installed, the rest disperse,--each one returns to his grubbing. But,
  4221. while grubbing, it is necessary to live. While they have been clearing
  4222. away for their neighbor, they have done no clearing for themselves. One
  4223. year's seed-time and harvest is already gone. They had calculated that
  4224. in lending their labor they could not but gain, since they would save
  4225. their own provisions; and, while living better, would get still more
  4226. money. False calculation! they have created for another the means
  4227. wherewith to produce, and have created nothing for themselves. The
  4228. difficulties of clearing remain the same; their clothing wears out,
  4229. their provisions give out; soon their purse becomes empty for the profit
  4230. of the individual for whom they have worked, and who alone can furnish
  4231. the provisions which they need, since he alone is in a position to
  4232. produce them. Then, when the poor grubber has exhausted his resources,
  4233. the man with the provisions (like the wolf in the fable, who scents his
  4234. victim from afar) again comes forward. One he offers to employ again by
  4235. the day; from another he offers to buy at a favorable price a piece of
  4236. his bad land, which is not, and never can be, of any use to him: that
  4237. is, he uses the labor of one man to cultivate the field of another
  4238. for his own benefit. So that at the end of twenty years, of thirty
  4239. individuals originally equal in point of wealth, five or six have
  4240. become proprietors of the whole district, while the rest have been
  4241. philanthropically dispossessed!
  4242. In this century of bourgeoisie morality, in which I have had the honor
  4243. to be born, the moral sense is so debased that I should not be at all
  4244. surprised if I were asked, by many a worthy proprietor, what I see
  4245. in this that is unjust and illegitimate? Debased creature! galvanized
  4246. corpse! how can I expect to convince you, if you cannot tell robbery
  4247. when I show it to you? A man, by soft and insinuating words, discovers
  4248. the secret of taxing others that he may establish himself; then, once
  4249. enriched by their united efforts, he refuses, on the very conditions
  4250. which he himself dictated, to advance the well-being of those who made
  4251. his fortune for him: and you ask how such conduct is fraudulent! Under
  4252. the pretext that he has paid his laborers, that he owes them nothing
  4253. more, that he has nothing to gain by putting himself at the service of
  4254. others, while his own occupations claim his attention,--he refuses, I
  4255. say, to aid others in getting a foothold, as he was aided in getting his
  4256. own; and when, in the impotence of their isolation, these poor laborers
  4257. are compelled to sell their birthright, he--this ungrateful proprietor,
  4258. this knavish upstart--stands ready to put the finishing touch to their
  4259. deprivation and their ruin. And you think that just? Take care!
  4260. I read in your startled countenance the reproach of a guilty conscience,
  4261. much more clearly than the innocent astonishment of involuntary
  4262. ignorance.
  4263. "The capitalist," they say, "has paid the laborers their DAILY WAGES."
  4264. To be accurate, it must be said that the capitalist has paid as many
  4265. times one day's wage as he has employed laborers each day,--which is not
  4266. at all the same thing. For he has paid nothing for that immense
  4267. power which results from the union and harmony of laborers, and
  4268. the convergence and simultaneousness of their efforts. Two hundred
  4269. grenadiers stood the obelisk of Luxor upon its base in a few hours; do
  4270. you suppose that one man could have accomplished the same task in two
  4271. hundred days? Nevertheless, on the books of the capitalist, the amount
  4272. of wages paid would have been the same. Well, a desert to prepare for
  4273. cultivation, a house to build, a factory to run,--all these are
  4274. obelisks to erect, mountains to move. The smallest fortune, the most
  4275. insignificant establishment, the setting in motion of the lowest
  4276. industry, demand the concurrence of so many different kinds of labor and
  4277. skill, that one man could not possibly execute the whole of them. It
  4278. is astonishing that the economists never have called attention to this
  4279. fact. Strike a balance, then, between the capitalist's receipts and his
  4280. payments.
  4281. The laborer needs a salary which will enable him to live while he works;
  4282. for unless he consumes, he cannot produce. Whoever employs a man owes
  4283. him maintenance and support, or wages enough to procure the same.
  4284. That is the first thing to be done in all production. I admit, for the
  4285. moment, that in this respect the capitalist has discharged his duty.
  4286. It is necessary that the laborer should find in his production, in
  4287. addition to his present support, a guarantee of his future support;
  4288. otherwise the source of production would dry up, and his productive
  4289. capacity would become exhausted: in other words, the labor accomplished
  4290. must give birth perpetually to new labor--such is the universal law of
  4291. reproduction. In this way, the proprietor of a farm finds: 1. In his
  4292. crops, means, not only of supporting himself and his family, but of
  4293. maintaining and improving his capital, of feeding his live-stock--in a
  4294. word, means of new labor and continual reproduction; 2. In his ownership
  4295. of a productive agency, a permanent basis of cultivation and labor.
  4296. But he who lends his services,--what is his basis of cultivation?
  4297. The proprietor's presumed need of him, and the unwarranted supposition
  4298. that he wishes to employ him. Just as the commoner once held his land by
  4299. the munificence and condescension of the lord, so to-day the working-man
  4300. holds his labor by the condescension and necessities of the master
  4301. and proprietor: that is what is called possession by a precarious [15]
  4302. title. But this precarious condition is an injustice, for it implies
  4303. an inequality in the bargain. The laborer's wages exceed but little his
  4304. running expenses, and do not assure him wages for to-morrow; while the
  4305. capitalist finds in the instrument produced by the laborer a pledge of
  4306. independence and security for the future.
  4307. Now, this reproductive leaven--this eternal germ of life,
  4308. this preparation of the land and manufacture of implements for
  4309. production--constitutes the debt of the capitalist to the producer,
  4310. which he never pays; and it is this fraudulent denial which causes the
  4311. poverty of the laborer, the luxury of idleness, and the inequality of
  4312. conditions. This it is, above all other things, which has been so fitly
  4313. named the exploitation of man by man.
  4314. One of three things must be done. Either the laborer must be given a
  4315. portion of the product in addition to his wages; or the employer must
  4316. render the laborer an equivalent in productive service; or else he
  4317. must pledge himself to employ him for ever. Division of the product,
  4318. reciprocity of service, or guarantee of perpetual labor,--from the
  4319. adoption of one of these courses the capitalist cannot escape. But it
  4320. is evident that he cannot satisfy the second and third of these
  4321. conditions--he can neither put himself at the service of the thousands
  4322. of working-men, who, directly or indirectly, have aided him in
  4323. establishing himself, nor employ them all for ever. He has no other
  4324. course left him, then, but a division of the property. But if the
  4325. property is divided, all conditions will be equal--there will be no more
  4326. large capitalists or large proprietors.
  4327. Consequently, when M. Ch. Comte--following out his hypothesis--shows
  4328. us his capitalist acquiring one after another the products of his
  4329. employees' labor, he sinks deeper and deeper into the mire; and, as his
  4330. argument does not change, our reply of course remains the same.
  4331. "Other laborers are employed in building: some quarry the stone, others
  4332. transport it, others cut it, and still others put it in place. Each
  4333. of them adds a certain value to the material which passes through his
  4334. hands; and this value, the product of his labor, is his property. He
  4335. sells it, as fast as he creates it, to the proprietor of the building,
  4336. who pays him for it in food and wages."
  4337. _Divide et impera_--divide, and you shall command; divide, and you
  4338. shall grow rich; divide, and you shall deceive men, you shall daze their
  4339. minds, you shall mock at justice! Separate laborers from each other,
  4340. perhaps each one's daily wage exceeds the value of each individual's
  4341. product; but that is not the question under consideration. A force of
  4342. one thousand men working twenty days has been paid the same wages that
  4343. one would be paid for working fifty-five years; but this force of
  4344. one thousand has done in twenty days what a single man could not have
  4345. accomplished, though he had labored for a million centuries. Is the
  4346. exchange an equitable one? Once more, no; when you have paid all the
  4347. individual forces, the collective force still remains to be paid.
  4348. Consequently, there remains always a right of collective property which
  4349. you have not acquired, and which you enjoy unjustly.
  4350. Admit that twenty days' wages suffice to feed, lodge, and clothe this
  4351. multitude for twenty days: thrown out of employment at the end of that
  4352. time, what will become of them, if, as fast as they create, they abandon
  4353. their creations to the proprietors who will soon discharge them? While
  4354. the proprietor, firm in his position (thanks to the aid of all the
  4355. laborers), dwells in security, and fears no lack of labor or bread,
  4356. the laborer's only dependence is upon the benevolence of this same
  4357. proprietor, to whom he has sold and surrendered his liberty. If, then,
  4358. the proprietor, shielding himself behind his comfort and his rights,
  4359. refuses to employ the laborer, how can the laborer live? He has ploughed
  4360. an excellent field, and cannot sow it; he has built an elegant and
  4361. commodious house, and cannot live in it; he has produced all, and can
  4362. enjoy nothing.
  4363. Labor leads us to equality. Every step that we take brings us nearer to
  4364. it; and if laborers had equal strength, diligence, and industry, clearly
  4365. their fortunes would be equal also. Indeed, if, as is pretended,--and
  4366. as we have admitted,--the laborer is proprietor of the value which he
  4367. creates, it follows:--
  4368. 1. That the laborer acquires at the expense of the idle proprietor;
  4369. 2. That all production being necessarily collective, the laborer is
  4370. entitled to a share of the products and profits commensurate with his
  4371. labor;
  4372. 3. That all accumulated capital being social property, no one can be its
  4373. exclusive proprietor.
  4374. These inferences are unavoidable; these alone would suffice to
  4375. revolutionize our whole economical system, and change our institutions
  4376. and our laws. Why do the very persons, who laid down this principle, now
  4377. refuse to be guided by it? Why do the Says, the Comtes, the Hennequins,
  4378. and others--after having said that property is born of labor--seek to
  4379. fix it by occupation and prescription?
  4380. But let us leave these sophists to their contradictions and blindness.
  4381. The good sense of the people will do justice to their equivocations.
  4382. Let us make haste to enlighten it, and show it the true path. Equality
  4383. approaches; already between it and us but a short distance intervenes:
  4384. to-morrow even this distance will have been traversed.
  4385. % 6.--That in Society all Wages are Equal.
  4386. When the St. Simonians, the Fourierists, and, in general, all who in our
  4387. day are connected with social economy and reform, inscribe upon their
  4388. banner,--
  4389. "TO EACH ACCORDING TO HIS CAPACITY, TO EACH CAPACITY ACCORDING TO ITS
  4390. RESULTS" (St. Simon);
  4391. "TO EACH ACCORDING TO HIS CAPITAL, HIS LABOR, AND HIS SKILL"
  4392. (Fourier),--
  4393. they mean--although they do not say so in so many words--that the
  4394. products of Nature procured by labor and industry are a reward, a palm,
  4395. a crown offered to all kinds of preeminence and superiority. They regard
  4396. the land as an immense arena in which prizes are contended for,--no
  4397. longer, it is true, with lances and swords, by force and by treachery;
  4398. but by acquired wealth, by knowledge, talent, and by virtue itself. In
  4399. a word, they mean--and everybody agrees with them--that the greatest
  4400. capacity is entitled to the greatest reward; and, to use the
  4401. mercantile phraseology,--which has, at least, the merit of being
  4402. straightforward,--that salaries must be governed by capacity and its
  4403. results.
  4404. The disciples of these two self-styled reformers cannot deny that such
  4405. is their thought; for, in doing so, they would contradict their
  4406. official interpretations, and would destroy the unity of their systems.
  4407. Furthermore, such a denial on their part is not to be feared. The
  4408. two sects glory in laying down as a principle inequality of
  4409. conditions,--reasoning from Nature, who, they say, intended the
  4410. inequality of capacities. They boast only of one thing; namely, that
  4411. their political system is so perfect, that the social inequalities
  4412. always correspond with the natural inequalities. They no more trouble
  4413. themselves to inquire whether inequality of conditions--I mean of
  4414. salaries--is possible, than they do to fix a measure of capacity.[1]
  4415. [1] In St. Simon's system, the St.-Simonian priest determines the
  4416. capacity of each by virtue of his pontifical infallibility, in imitation
  4417. of the Roman Church: in Fourier's, the ranks and merits are decided by
  4418. vote, in imitation of the constitutional regime.
  4419. Clearly, the great man is an object of ridicule to the reader; he did
  4420. not mean to tell his secret.
  4421. "To each according to his capacity, to each capacity according to its
  4422. results."
  4423. "To each according to his capital, his labor, and his skill."
  4424. Since the death of St. Simon and Fourier, not one among their numerous
  4425. disciples has attempted to give to the public a scientific demonstration
  4426. of this grand maxim; and I would wager a hundred to one that no
  4427. Fourierist even suspects that this biform aphorism is susceptible of two
  4428. interpretations.
  4429. "To each according to his capacity, to each capacity according to its
  4430. results."
  4431. "To each according to his capital, his labor, and his skill."
  4432. This proposition, taken, as they say, _in sensu obvio_--in the sense
  4433. usually attributed to it--is false, absurd, unjust, contradictory,
  4434. hostile to liberty, friendly to tyranny, anti-social, and was unluckily
  4435. framed under the express influence of the property idea.
  4436. And, first, CAPITAL must be crossed off the list of elements which are
  4437. entitled to a reward. The Fourierists--as far as I have been able to
  4438. learn from a few of their pamphlets--deny the right of occupancy, and
  4439. recognize no basis of property save labor. Starting with a like premise,
  4440. they would have seen--had they reasoned upon the matter--that capital is
  4441. a source of production to its proprietor only by virtue of the right of
  4442. occupancy, and that this production is therefore illegitimate. Indeed,
  4443. if labor is the sole basis of property, I cease to be proprietor of my
  4444. field as soon as I receive rent for it from another. This we have
  4445. shown beyond all cavil. It is the same with all capital; so that to put
  4446. capital in an enterprise, is, by the law's decision, to exchange it
  4447. for an equivalent sum in products. I will not enter again upon this
  4448. now useless discussion, since I propose, in the following chapter, to
  4449. exhaust the subject of PRODUCTION BY CAPITAL.
  4450. Thus, capital can be exchanged, but cannot be a source of income.
  4451. LABOR and SKILL remain; or, as St. Simon puts it, RESULTS and
  4452. CAPACITIES. I will examine them successively.
  4453. Should wages be governed by labor? In other words, is it just that
  4454. he who does the most should get the most? I beg the reader to pay the
  4455. closest attention to this point.
  4456. To solve the problem with one stroke, we have only to ask ourselves
  4457. the following question: "Is labor a CONDITION or a STRUGGLE?" The reply
  4458. seems plain.
  4459. God said to man, "In the sweat of thy face shalt thou eat bread,"--that
  4460. is, thou shalt produce thy own bread: with more or less ease, according
  4461. to thy skill in directing and combining thy efforts, thou shalt labor.
  4462. God did not say, "Thou shalt quarrel with thy neighbor for thy bread;"
  4463. but, "Thou shalt labor by the side of thy neighbor, and ye shall dwell
  4464. together in harmony." Let us develop the meaning of this law, the
  4465. extreme simplicity of which renders it liable to misconstruction.
  4466. In labor, two things must be noticed and distinguished: ASSOCIATION and
  4467. AVAILABLE MATERIAL.
  4468. In so far as laborers are associated, they are equal; and it involves a
  4469. contradiction to say that one should be paid more than another. For,
  4470. as the product of one laborer can be paid for only in the product of
  4471. another laborer, if the two products are unequal, the remainder--or the
  4472. difference between the greater and the smaller--will not be acquired
  4473. by society; and, therefore, not being exchanged, will not affect the
  4474. equality of wages. There will result, it is true, in favor of the
  4475. stronger laborer a natural inequality, but not a social inequality; no
  4476. one having suffered by his strength and productive energy. In a word,
  4477. society exchanges only equal products--that is, rewards no labor save
  4478. that performed for her benefit; consequently, she pays all laborers
  4479. equally: with what they produce outside of her sphere she has no more to
  4480. do, than with the difference in their voices and their hair.
  4481. I seem to be positing the principle of inequality: the reverse of this
  4482. is the truth. The total amount of labor which can be performed for
  4483. society (that is, of labor susceptible of exchange), being, within a
  4484. given space, as much greater as the laborers are more numerous, and as
  4485. the task assigned to each is less in magnitude,--it follows that natural
  4486. inequality neutralizes itself in proportion as association extends, and
  4487. as the quantity of consumable values produced thereby increases. So that
  4488. in society the only thing which could bring back the inequality of labor
  4489. would be the right of occupancy,--the right of property.
  4490. Now, suppose that this daily social task consists in the ploughing,
  4491. hoeing, or reaping of two square decameters, and that the average time
  4492. required to accomplish it is seven hours: one laborer will finish it in
  4493. six hours, another will require eight; the majority, however, will work
  4494. seven. But provided each one furnishes the quantity of labor demanded of
  4495. him, whatever be the time he employs, they are entitled to equal wages.
  4496. Shall the laborer who is capable of finishing his task in six hours have
  4497. the right, on the ground of superior strength and activity, to usurp
  4498. the task of the less skilful laborer, and thus rob him of his labor and
  4499. bread? Who dares maintain such a proposition? He who finishes before the
  4500. others may rest, if he chooses; he may devote himself to useful exercise
  4501. and labors for the maintenance of his strength, and the culture of his
  4502. mind, and the pleasure of his life. This he can do without injury to any
  4503. one: but let him confine himself to services which affect him solely.
  4504. Vigor, genius, diligence, and all the personal advantages which result
  4505. therefrom, are the work of Nature and, to a certain extent, of the
  4506. individual; society awards them the esteem which they merit: but the
  4507. wages which it pays them is measured, not by their power, but by their
  4508. production. Now, the product of each is limited by the right of all.
  4509. If the soil were infinite in extent, and the amount of available
  4510. material were exhaustless, even then we could not accept this maxim,--TO
  4511. EACH ACCORDING TO HIS LABOR. And why? Because society, I repeat,
  4512. whatever be the number of its subjects, is forced to pay them all the
  4513. same wages, since she pays them only in their own products. Only, on the
  4514. hypothesis just made, inasmuch as the strong cannot be prevented from
  4515. using all their advantages, the inconveniences of natural inequality
  4516. would reappear in the very bosom of social equality. But the land,
  4517. considering the productive power of its inhabitants and their ability to
  4518. multiply, is very limited; further, by the immense variety of products
  4519. and the extreme division of labor, the social task is made easy of
  4520. accomplishment. Now, through this limitation of things producible, and
  4521. through the ease of producing them, the law of absolute equality takes
  4522. effect.
  4523. Yes, life is a struggle. But this struggle is not between man and
  4524. man--it is between man and Nature; and it is each one's duty to take
  4525. his share in it. If, in the struggle, the strong come to the aid of the
  4526. weak, their kindness deserves praise and love; but their aid must be
  4527. accepted as a free gift,--not imposed by force, nor offered at a
  4528. price. All have the same career before them, neither too long nor too
  4529. difficult; whoever finishes it finds his reward at the end: it is not
  4530. necessary to get there first.
  4531. In printing-offices, where the laborers usually work by the job, the
  4532. compositor receives so much per thousand letters set; the pressman so
  4533. much per thousand sheets printed. There, as elsewhere, inequalities
  4534. of talent and skill are to be found. When there is no prospect of dull
  4535. times (for printing and typesetting, like all other trades, sometimes
  4536. come to a stand-still), every one is free to work his hardest, and exert
  4537. his faculties to the utmost: he who does more gets more; he who does
  4538. less gets less. When business slackens, compositors and pressmen divide
  4539. up their labor; all monopolists are detested as no better than robbers
  4540. or traitors.
  4541. There is a philosophy in the action of these printers, to which
  4542. neither economists nor legists have ever risen. If our legislators had
  4543. introduced into their codes the principle of distributive justice
  4544. which governs printing-offices; if they had observed the popular
  4545. instincts,--not for the sake of servile imitation, but in order to
  4546. reform and generalize them,--long ere this liberty and equality would
  4547. have been established on an immovable basis, and we should not now
  4548. be disputing about the right of property and the necessity of social
  4549. distinctions.
  4550. It has been calculated that if labor were equally shared by the whole
  4551. number of able-bodied individuals, the average working-day of each
  4552. individual, in France, would not exceed five hours. This being so, how
  4553. can we presume to talk of the inequality of laborers? It is the LABOR of
  4554. Robert Macaire that causes inequality.
  4555. The principle, TO EACH ACCORDING TO HIS LABOR, interpreted to mean, WHO
  4556. WORKS MOST SHOULD RECEIVE MOST, is based, therefore, on two palpable
  4557. errors: one, an error in economy, that in the labor of society tasks
  4558. must necessarily be unequal; the other, an error in physics, that there
  4559. is no limit to the amount of producible things.
  4560. "But," it will be said, "suppose there are some people who wish to
  4561. perform only half of their task?"... Is that very embarrassing? Probably
  4562. they are satisfied with half of their salary. Paid according to the
  4563. labor that they had performed, of what could they complain? and what
  4564. injury would they do to others? In this sense, it is fair to apply the
  4565. maxim,--TO EACH ACCORDING TO HIS RESULTS. It is the law of equality
  4566. itself.
  4567. Further, numerous difficulties, relative to the police system and the
  4568. organization of industry, might be raised here. I will reply to them all
  4569. with this one sentence,--that they must all be solved by the principle
  4570. of equality. Thus, some one might observe, "Here is a task which cannot
  4571. be postponed without detriment to production. Ought society to suffer
  4572. from the negligence of a few? and will she not venture--out of respect
  4573. for the right of labor--to assure with her own hands the product which
  4574. they refuse her? In such a case, to whom will the salary belong?"
  4575. To society; who will be allowed to perform the labor, either herself, or
  4576. through her representatives, but always in such a way that the general
  4577. equality shall never be violated, and that only the idler shall be
  4578. punished for his idleness. Further, if society may not use excessive
  4579. severity towards her lazy members, she has a right, in self-defence, to
  4580. guard against abuses.
  4581. But every industry needs--they will add--leaders, instructors,
  4582. superintendents, &c. Will these be engaged in the general task? No;
  4583. since their task is to lead, instruct, and superintend. But they must be
  4584. chosen from the laborers by the laborers themselves, and must fulfil
  4585. the conditions of eligibility. It is the same with all public functions,
  4586. whether of administration or instruction.
  4587. Then, article first of the universal constitution will be:--
  4588. "The limited quantity of available material proves the necessity of
  4589. dividing the labor among the whole number of laborers. The capacity,
  4590. given to all, of accomplishing a social task,--that is, an equal
  4591. task,--and the impossibility of paying one laborer save in the products
  4592. of another, justify the equality of wages."
  4593. % 7.--That Inequality of Powers is the Necessary Condition of Equality
  4594. of Fortunes.
  4595. It is objected,--and this objection constitutes the second part of the
  4596. St. Simonian, and the third part of the Fourierstic, maxims,--
  4597. "That all kinds of labor cannot be executed with equal ease. Some
  4598. require great superiority of skill and intelligence; and on this
  4599. superiority is based the price. The artist, the savant, the poet, the
  4600. statesman, are esteemed only because of their excellence; and this
  4601. excellence destroys all similitude between them and other men: in the
  4602. presence of these heights of science and genius the law of equality
  4603. disappears. Now, if equality is not absolute, there is no equality.
  4604. From the poet we descend to the novelist; from the sculptor to the
  4605. stonecutter; from the architect to the mason; from the chemist to the
  4606. cook, &c. Capacities are classified and subdivided into orders, genera,
  4607. and species. The extremes of talent are connected by intermediate
  4608. talents. Humanity is a vast hierarchy, in which the individual estimates
  4609. himself by comparison, and fixes his price by the value placed upon his
  4610. product by the public."
  4611. This objection always has seemed a formidable one. It is the
  4612. stumbling-block of the economists, as well as of the defenders of
  4613. equality. It has led the former into egregious blunders, and has caused
  4614. the latter to utter incredible platitudes. Gracchus Babeuf wished all
  4615. superiority to be STRINGENTLY REPRESSED, and even PERSECUTED AS A SOCIAL
  4616. CALAMITY. To establish his communistic edifice, he lowered all citizens
  4617. to the stature of the smallest. Ignorant eclectics have been known to
  4618. object to the inequality of knowledge, and I should not be surprised if
  4619. some one should yet rebel against the inequality of virtue. Aristotle
  4620. was banished, Socrates drank the hemlock, Epaminondas was called to
  4621. account, for having proved superior in intelligence and virtue to some
  4622. dissolute and foolish demagogues. Such follies will be re-enacted, so
  4623. long as the inequality of fortunes justifies a populace, blinded and
  4624. oppressed by the wealthy, in fearing the elevation of new tyrants to
  4625. power.
  4626. Nothing seems more unnatural than that which we examine too closely, and
  4627. often nothing seems less like the truth than the truth itself. On the
  4628. other hand, according to J. J. Rousseau, "it takes a great deal of
  4629. philosophy to enable us to observe once what we see every day;" and,
  4630. according to d'Alembert, "the ordinary truths of life make but little
  4631. impression on men, unless their attention is especially called to them."
  4632. The father of the school of economists (Say), from whom I borrow these
  4633. two quotations, might have profited by them; but he who laughs at the
  4634. blind should wear spectacles, and he who notices him is near-sighted.
  4635. Strange! that which has frightened so many minds is not, after all,
  4636. an objection to equality--it is the very condition on which equality
  4637. exists!...
  4638. Natural inequality the condition of equality of fortunes!... What
  4639. a paradox!... I repeat my assertion, that no one may think I have
  4640. blundered--inequality of powers is the sine qua non of equality of
  4641. fortunes.
  4642. There are two things to be considered in society--FUNCTIONS and
  4643. RELATIONS.
  4644. I. FUNCTIONS. Every laborer is supposed to be capable of performing the
  4645. task assigned to him; or, to use a common expression, "every workman
  4646. must know his trade." The workman equal to his work,--there is an
  4647. equation between functionary and function.
  4648. In society, functions are not alike; there must be, then, different
  4649. capacities. Further,--certain functions demand greater intelligence
  4650. and powers; then there are people of superior mind and talent. For
  4651. the performance of work necessarily involves a workman: from the need
  4652. springs the idea, and the idea makes the producer. We only know what our
  4653. senses long for and our intelligence demands; we have no keen desire
  4654. for things of which we cannot conceive, and the greater our powers of
  4655. conception, the greater our capabilities of production.
  4656. Thus, functions arising from needs, needs from desires, and desires
  4657. from spontaneous perception and imagination, the same intelligence which
  4658. imagines can also produce; consequently, no labor is superior to the
  4659. laborer. In a word, if the function calls out the functionary, it is
  4660. because the functionary exists before the function.
  4661. Let us admire Nature's economy. With regard to these various needs which
  4662. she has given us, and which the isolated man cannot satisfy unaided,
  4663. Nature has granted to the race a power refused to the individual. This
  4664. gives rise to the principle of the DIVISION OF LABOR,--a principle
  4665. founded on the SPECIALITY OF VOCATIONS.
  4666. The satisfaction of some needs demands of man continual creation;
  4667. while others can, by the labor of a single individual, be satisfied for
  4668. millions of men through thousands of centuries. For example, the need of
  4669. clothing and food requires perpetual reproduction; while a knowledge
  4670. of the system of the universe may be acquired for ever by two or
  4671. three highly-gifted men. The perpetual current of rivers supports our
  4672. commerce, and runs our machinery; but the sun, alone in the midst of
  4673. space, gives light to the whole world. Nature, who might create
  4674. Platos and Virgils, Newtons and Cuviers, as she creates husbandmen and
  4675. shepherds, does not see fit to do so; choosing rather to proportion the
  4676. rarity of genius to the duration of its products, and to balance the
  4677. number of capacities by the competency of each one of them.
  4678. I do not inquire here whether the distance which separates one man from
  4679. another, in point of talent and intelligence, arises from the deplorable
  4680. condition of civilization, nor whether that which is now called the
  4681. INEQUALITY OF POWERS would be in an ideal society any thing more than
  4682. a DIVERSITY OF POWERS. I take the worst view of the matter; and, that
  4683. I may not be accused of tergiversation and evasion of difficulties, I
  4684. acknowledge all the inequalities that any one can desire. [16]
  4685. Certain philosophers, in love with the levelling idea, maintain that all
  4686. minds are equal, and that all differences are the result of education.
  4687. I am no believer, I confess, in this doctrine; which, even if it were
  4688. true, would lead to a result directly opposite to that desired. For, if
  4689. capacities are equal, whatever be the degree of their power (as no one
  4690. can be coerced), there are functions deemed coarse, low, and degrading,
  4691. which deserve higher pay,--a result no less repugnant to equality than
  4692. to the principle, TO EACH CAPACITY ACCORDING TO ITS RESULTS. Give me,
  4693. on the contrary, a society in which every kind of talent bears a proper
  4694. numerical relation to the needs of the society, and which demands from
  4695. each producer only that which his special function requires him to
  4696. produce; and, without impairing in the least the hierarchy of functions,
  4697. I will deduce the equality of fortunes.
  4698. This is my second point.
  4699. II. RELATIONS. In considering the element of labor, I have shown that in
  4700. the same class of productive services, the capacity to perform a social
  4701. task being possessed by all, no inequality of reward can be based upon
  4702. an inequality of individual powers. However, it is but fair to say that
  4703. certain capacities seem quite incapable of certain services; so that, if
  4704. human industry were entirely confined to one class of products, numerous
  4705. incapacities would arise, and, consequently, the greatest social
  4706. inequality. But every body sees, without any hint from me, that the
  4707. variety of industries avoids this difficulty; so clear is this that
  4708. I shall not stop to discuss it. We have only to prove, then, that
  4709. functions are equal to each other; just as laborers, who perform the
  4710. same function, are equal to each other.
  4711. Property makes man a eunuch, and then reproaches him for being nothing
  4712. but dry wood, a decaying tree.
  4713. Are you astonished that I refuse to genius, to knowledge, to
  4714. courage,--in a word, to all the excellences admired by the world,--the
  4715. homage of dignities, the distinctions of power and wealth? It is not I
  4716. who refuse it: it is economy, it is justice, it is liberty. Liberty! for
  4717. the first time in this discussion I appeal to her. Let her rise in her
  4718. own defence, and achieve her victory.
  4719. Every transaction ending in an exchange of products or services may be
  4720. designated as a COMMERCIAL OPERATION.
  4721. Whoever says commerce, says exchange of equal values; for, if the values
  4722. are not equal, and the injured party perceives it, he will not consent
  4723. to the exchange, and there will be no commerce.
  4724. Commerce exists only among free men. Transactions may be effected
  4725. between other people by violence or fraud, but there is no commerce.
  4726. A free man is one who enjoys the use of his reason and his faculties;
  4727. who is neither blinded by passion, nor hindered or driven by oppression,
  4728. nor deceived by erroneous opinions.
  4729. So, in every exchange, there is a moral obligation that neither of the
  4730. contracting parties shall gain at the expense of the other; that is,
  4731. that, to be legitimate and true, commerce must be exempt from all
  4732. inequality. This is the first condition of commerce. Its second
  4733. condition is, that it be voluntary; that is, that the parties act freely
  4734. and openly.
  4735. I define, then, commerce or exchange as an act of society.
  4736. The negro who sells his wife for a knife, his children for some bits
  4737. of glass, and finally himself for a bottle of brandy, is not free. The
  4738. dealer in human flesh, with whom he negotiates, is not his associate; he
  4739. is his enemy.
  4740. The civilized laborer who bakes a loaf that he may eat a slice of bread,
  4741. who builds a palace that he may sleep in a stable, who weaves rich
  4742. fabrics that he may dress in rags, who produces every thing that he may
  4743. dispense with every thing,--is not free. His employer, not becoming
  4744. his associate in the exchange of salaries or services which takes place
  4745. between them, is his enemy.
  4746. The soldier who serves his country through fear instead of through love
  4747. is not free; his comrades and his officers, the ministers or organs of
  4748. military justice, are all his enemies.
  4749. The peasant who hires land, the manufacturer who borrows capital, the
  4750. tax-payer who pays tolls, duties, patent and license fees, personal and
  4751. property taxes, &c., and the deputy who votes for them,--all act
  4752. neither intelligently nor freely. Their enemies are the proprietors, the
  4753. capitalists, the government.
  4754. Give men liberty, enlighten their minds that they may know the meaning
  4755. of their contracts, and you will see the most perfect equality in
  4756. exchanges without regard to superiority of talent and knowledge; and
  4757. you will admit that in commercial affairs, that is, in the sphere of
  4758. society, the word superiority is void of sense.
  4759. Let Homer sing his verse. I listen to this sublime genius in comparison
  4760. with whom I, a simple herdsman, an humble farmer, am as nothing. What,
  4761. indeed,--if product is to be compared with product,--are my cheeses and
  4762. my beans in the presence of his "Iliad"? But, if Homer wishes to take
  4763. from me all that I possess, and make me his slave in return for his
  4764. inimitable poem, I will give up the pleasure of his lays, and dismiss
  4765. him. I can do without his "Iliad," and wait, if necessary, for the
  4766. "AEneid."
  4767. Homer cannot live twenty-four hours without my products. Let him accept,
  4768. then, the little that I have to offer; and then his muse may instruct,
  4769. encourage, and console me.
  4770. "What! do you say that such should be the condition of one who sings of
  4771. gods and men? Alms, with the humiliation and suffering which they bring
  4772. with them!--what barbarous generosity!"... Do not get excited, I beg
  4773. of you. Property makes of a poet either a Croesus or a beggar; only
  4774. equality knows how to honor and to praise him. What is its duty? To
  4775. regulate the right of the singer and the duty of the listener. Now,
  4776. notice this point, which is a very important one in the solution of this
  4777. question: both are free, the one to sell, the other to buy. Henceforth
  4778. their respective pretensions go for nothing; and the estimate, whether
  4779. fair or unfair, that they place, the one upon his verse, the other
  4780. upon his liberality, can have no influence upon the conditions of the
  4781. contract. We must no longer, in making our bargains, weigh talent; we
  4782. must consider products only.
  4783. In order that the bard of Achilles may get his due reward, he must first
  4784. make himself wanted: that done, the exchange of his verse for a fee of
  4785. any kind, being a free act, must be at the same time a just act; that
  4786. is, the poet's fee must be equal to his product. Now, what is the value
  4787. of this product?
  4788. Let us suppose, in the first place, that this "Iliad"--this chef-d'
  4789. oeuvre that is to be equitably rewarded--is really above price, that we
  4790. do not know how to appraise it. If the public, who are free to purchase
  4791. it, refuse to do so, it is clear that, the poem being unexchangeable,
  4792. its intrinsic value will not be diminished; but that its exchangeable
  4793. value, or its productive utility, will be reduced to zero, will be
  4794. nothing at all. Then we must seek the amount of wages to be paid between
  4795. infinity on the one hand and nothing on the other, at an equal distance
  4796. from each, since all rights and liberties are entitled to equal respect;
  4797. in other words, it is not the intrinsic value, but the relative value,
  4798. of the thing sold that needs to be fixed. The question grows simpler:
  4799. what is this relative value? To what reward does a poem like the "Iliad"
  4800. entitle its author?
  4801. The first business of political economy, after fixing its definitions,
  4802. was the solution of this problem; now, not only has it not been solved,
  4803. but it has been declared insoluble. According to the economists,
  4804. the relative or exchangeable value of things cannot be absolutely
  4805. determined; it necessarily varies.
  4806. "The value of a thing," says Say, "is a positive quantity, but only for
  4807. a given moment. It is its nature to perpetually vary, to change from one
  4808. point to another. Nothing can fix it absolutely, because it is based
  4809. on needs and means of production which vary with every moment. These
  4810. variations complicate economical phenomena, and often render them very
  4811. difficult of observation and solution. I know no remedy for this; it is
  4812. not in our power to change the nature of things."
  4813. Elsewhere Say says, and repeats, that value being based on utility, and
  4814. utility depending entirely on our needs, whims, customs, &c., value
  4815. is as variable as opinion. Now, political economy being the science
  4816. of values, of their production, distribution, exchange, and
  4817. consumption,--if exchangeable value cannot be absolutely determined,
  4818. how is political economy possible? How can it be a science? How can two
  4819. economists look each other in the face without laughing? How dare they
  4820. insult metaphysicians and psychologists? What! that fool of a Descartes
  4821. imagined that philosophy needed an immovable base--an _aliquid
  4822. inconcussum_--on which the edifice of science might be built, and he was
  4823. simple enough to search for it! And the Hermes of economy, Trismegistus
  4824. Say, devoting half a volume to the amplification of that solemn text,
  4825. _political economy is a science_, has the courage to affirm immediately
  4826. afterwards that this science cannot determine its object,--which is
  4827. equivalent to saying that it is without a principle or foundation! He
  4828. does not know, then, the illustrious Say, the nature of a science; or
  4829. rather, he knows nothing of the subject which he discusses.
  4830. Say's example has borne its fruits. Political economy, as it exists at
  4831. present, resembles ontology: discussing effects and causes, it knows
  4832. nothing, explains nothing, decides nothing. The ideas honored with the
  4833. name of economic laws are nothing more than a few trifling generalities,
  4834. to which the economists thought to give an appearance of depth by
  4835. clothing them in high-sounding words. As for the attempts that have been
  4836. made by the economists to solve social problems, all that can be said
  4837. of them is, that, if a glimmer of sense occasionally appears in their
  4838. lucubrations, they immediately fall back into absurdity. For twenty-five
  4839. years political economy, like a heavy fog, has weighed upon France,
  4840. checking the efforts of the mind, and setting limits to liberty.
  4841. Has every creation of industry a venal, absolute, unchangeable, and
  4842. consequently legitimate and true value?--Yes.
  4843. Can every product of man be exchanged for some other product of
  4844. man?--Yes, again.
  4845. How many nails is a pair of shoes worth?
  4846. If we can solve this appalling problem, we shall have the key of the
  4847. social system for which humanity has been searching for six thousand
  4848. years. In the presence of this problem, the economist recoils confused;
  4849. the peasant who can neither read nor write replies without hesitation:
  4850. "As many as can be made in the same time, and with the same expense."
  4851. The absolute value of a thing, then, is its cost in time and expense.
  4852. How much is a diamond worth which costs only the labor of picking it
  4853. up?--Nothing; it is not a product of man. How much will it be worth when
  4854. cut and mounted?--The time and expense which it has cost the laborer.
  4855. Why, then, is it sold at so high a price?--Because men are not free.
  4856. Society must regulate the exchange and distribution of the rarest
  4857. things, as it does that of the most common ones, in such a way that each
  4858. may share in the enjoyment of them. What, then, is that value which is
  4859. based upon opinion?--Delusion, injustice, and robbery.
  4860. By this rule, it is easy to reconcile every body. If the mean term,
  4861. which we are searching for, between an infinite value and no value at
  4862. all is expressed in the case of every product, by the amount of time and
  4863. expense which the product cost, a poem which has cost its author thirty
  4864. years of labor and an outlay of ten thousand francs in journeys, books,
  4865. &c., must be paid for by the ordinary wages received by a laborer during
  4866. thirty years, PLUS ten thousand francs indemnity for expense incurred.
  4867. Suppose the whole amount to be fifty thousand francs; if the society
  4868. which gets the benefit of the production include a million of men, my
  4869. share of the debt is five centimes.
  4870. This gives rise to a few observations.
  4871. 1. The same product, at different times and in different places, may
  4872. cost more or less of time and outlay; in this view, it is true that
  4873. value is a variable quantity. But this variation is not that of the
  4874. economists, who place in their list of the causes of the variation of
  4875. values, not only the means of production, but taste, caprice, fashion,
  4876. and opinion. In short, the true value of a thing is invariable in its
  4877. algebraic expression, although it may vary in its monetary expression.
  4878. 2. The price of every product in demand should be its cost in time and
  4879. outlay--neither more nor less: every product not in demand is a loss to
  4880. the producer--a commercial non-value.
  4881. 3. The ignorance of the principle of evaluation, and the difficulty
  4882. under many circumstances of applying it, is the source of commercial
  4883. fraud, and one of the most potent causes of the inequality of fortunes.
  4884. 4. To reward certain industries and pay for certain products, a society
  4885. is needed which corresponds in size with the rarity of talents, the
  4886. costliness of the products, and the variety of the arts and sciences.
  4887. If, for example, a society of fifty farmers can support a schoolmaster,
  4888. it requires one hundred for a shoemaker, one hundred and fifty for a
  4889. blacksmith, two hundred for a tailor, &c. If the number of farmers rises
  4890. to one thousand, ten thousand, one hundred thousand, &c., as fast as
  4891. their number increases, that of the functionaries which are earliest
  4892. required must increase in the same proportion; so that the highest
  4893. functions become possible only in the most powerful societies. [17] That
  4894. is the peculiar feature of capacities; the character of genius, the seal
  4895. of its glory, cannot arise and develop itself, except in the bosom of
  4896. a great nation. But this physiological condition, necessary to the
  4897. existence of genius, adds nothing to its social rights: far from
  4898. that,--the delay in its appearance proves that, in economical and
  4899. civil affairs, the loftiest intelligence must submit to the equality
  4900. of possessions; an equality which is anterior to it, and of which it
  4901. constitutes the crown.
  4902. This is severe on our pride, but it is an inexorable truth. And here
  4903. psychology comes to the aid of social economy, giving us to understand
  4904. that talent and material recompense have no common measure; that, in
  4905. this respect, the condition of all producers is equal: consequently,
  4906. that all comparison between them, and all distinction in fortunes, is
  4907. impossible.
  4908. _ _In fact, every work coming from the hands of man--compared with the
  4909. raw material of which it is composed--is beyond price. In this respect,
  4910. the distance is as great between a pair of wooden shoes and the trunk of
  4911. a walnut-tree, as between a statue by Scopas and a block of marble.
  4912. The genius of the simplest mechanic exerts as much influence over the
  4913. materials which he uses, as does the mind of a Newton over the inert
  4914. spheres whose distances, volumes, and revolutions he calculates. You ask
  4915. for talent and genius a corresponding degree of honor and reward. Fix
  4916. for me the value of a wood-cutter's talent, and I will fix that of
  4917. Homer. If any thing can reward intelligence, it is intelligence itself.
  4918. That is what happens, when various classes of producers pay to each
  4919. other a reciprocal tribute of admiration and praise. But if they
  4920. contemplate an exchange of products with a view to satisfying mutual
  4921. needs, this exchange must be effected in accordance with a system of
  4922. economy which is indifferent to considerations of talent and genius, and
  4923. whose laws are deduced, not from vague and meaningless admiration, but
  4924. from a just balance between DEBIT and CREDIT; in short, from commercial
  4925. accounts.
  4926. Now, that no one may imagine that the liberty of buying and selling
  4927. is the sole basis of the equality of wages, and that society's sole
  4928. protection against superiority of talent lies in a certain force of
  4929. inertia which has nothing in common with right, I shall proceed to
  4930. explain why all capacities are entitled to the same reward, and why a
  4931. corresponding difference in wages would be an injustice. I shall prove
  4932. that the obligation to stoop to the social level is inherent in talent;
  4933. and on this very superiority of genius I will found the equality of
  4934. fortunes. I have just given the negative argument in favor of rewarding
  4935. all capacities alike; I will now give the direct and positive argument.
  4936. Listen, first, to the economist: it is always pleasant to see how he
  4937. reasons, and how he understands justice. Without him, moreover, without
  4938. his amusing blunders and his wonderful arguments, we should learn
  4939. nothing. Equality, so odious to the economist, owes every thing to
  4940. political economy.
  4941. "When the parents of a physician [the text says a lawyer, which is
  4942. not so good an example] have expended on his education forty thousand
  4943. francs, this sum may be regarded as so much capital invested in his
  4944. head. It is therefore permissible to consider it as yielding an annual
  4945. income of four thousand francs. If the physician earns thirty thousand,
  4946. there remains an income of twenty-six thousand francs due to the
  4947. personal talents given him by Nature. This natural capital, then, if we
  4948. assume ten per cent. as the rate of interest, amounts to two hundred
  4949. and sixty thousand francs; and the capital given him by his parents, in
  4950. defraying the expenses of his education, to forty thousand francs. The
  4951. union of these two kinds of capital constitutes his fortune."--Say:
  4952. Complete Course, &c.
  4953. Say divides the fortune of the physician into two parts: one is composed
  4954. of the capital which went to pay for his education, the other represents
  4955. his personal talents. This division is just; it is in conformity with
  4956. the nature of things; it is universally admitted; it serves as the
  4957. major premise of that grand argument which establishes the inequality of
  4958. capacities. I accept this premise without qualification; let us look at
  4959. the consequences.
  4960. 1. Say CREDITS the physician with forty thousand francs,--the cost of
  4961. his education. This amount should be entered upon the DEBIT side of the
  4962. account. For, although this expense was incurred for him, it was not
  4963. incurred by him. Then, instead of appropriating these forty thousand
  4964. francs, the physician should add them to the price of his product, and
  4965. repay them to those who are entitled to them. Notice, further, that
  4966. Say speaks of INCOME instead of REIMBURSEMENT; reasoning on the false
  4967. principle of the productivity of capital. The expense of educating a
  4968. talent is a debt contracted by this talent. From the very fact of its
  4969. existence, it becomes a debtor to an amount equal to the cost of its
  4970. production. This is so true and simple that, if the education of some
  4971. one child in a family has cost double or triple that of its brothers,
  4972. the latter are entitled to a proportional amount of the property
  4973. previous to its division. There is no difficulty about this in the case
  4974. of guardianship, when the estate is administered in the name of the
  4975. minors.
  4976. 2. That which I have just said of the obligation incurred by talent of
  4977. repaying the cost of its education does not embarrass the economist. The
  4978. man of talent, he says, inheriting from his family, inherits among other
  4979. things a claim to the forty thousand francs which his education costs;
  4980. and he becomes, in consequence, its proprietor. But this is to abandon
  4981. the right of talent, and to fall back upon the right of occupancy; which
  4982. again calls up all the questions asked in Chapter II. What is the right
  4983. of occupancy? what is inheritance? Is the right of succession a right of
  4984. accumulation or only a right of choice? how did the physician's father
  4985. get his fortune? was he a proprietor, or only a usufructuary? If he was
  4986. rich, let him account for his wealth; if he was poor, how could he incur
  4987. so large an expense? If he received aid, what right had he to use that
  4988. aid to the disadvantage of his benefactors, &c.?
  4989. 3. "There remains an income of twenty-six thousand francs due to
  4990. the personal talents given him by Nature." (Say,--as above quoted.)
  4991. Reasoning from this premise, Say concludes that our physician's talent
  4992. is equivalent to a capital of two hundred and sixty thousand francs.
  4993. This skilful calculator mistakes a consequence for a principle. The
  4994. talent must not be measured by the gain, but rather the gain by
  4995. the talent; for it may happen, that, notwithstanding his merit, the
  4996. physician in question will gain nothing at all, in which case will it be
  4997. necessary to conclude that his talent or fortune is equivalent to zero?
  4998. To such a result, however, would Say's reasoning lead; a result which is
  4999. clearly absurd.
  5000. Now, it is impossible to place a money value on any talent whatsoever,
  5001. since talent and money have no common measure. On what plausible ground
  5002. can it be maintained that a physician should be paid two, three, or a
  5003. hundred times as much as a peasant? An unavoidable difficulty, which has
  5004. never been solved save by avarice, necessity, and oppression. It is not
  5005. thus that the right of talent should be determined. But how is it to be
  5006. determined?
  5007. 4. I say, first, that the physician must be treated with as much favor
  5008. as any other producer, that he must not be placed below the level of
  5009. others. This I will not stop to prove. But I add that neither must he be
  5010. lifted above that level; because his talent is collective property for
  5011. which he did not pay, and for which he is ever in debt.
  5012. Just as the creation of every instrument of production is the result of
  5013. collective force, so also are a man's talent and knowledge the product
  5014. of universal intelligence and of general knowledge slowly accumulated
  5015. by a number of masters, and through the aid of many inferior industries.
  5016. When the physician has paid for his teachers, his books, his diplomas,
  5017. and all the other items of his educational expenses, he has no more paid
  5018. for his talent than the capitalist pays for his house and land when he
  5019. gives his employees their wages. The man of talent has contributed to
  5020. the production in himself of a useful instrument. He has, then, a share
  5021. in its possession; he is not its proprietor. There exist side by side in
  5022. him a free laborer and an accumulated social capital. As a laborer, he
  5023. is charged with the use of an instrument, with the superintendence of a
  5024. machine; namely, his capacity. As capital, he is not his own master; he
  5025. uses himself, not for his own benefit, but for that of others.
  5026. Even if talent did not find in its own excellence a reward for the
  5027. sacrifices which it costs, still would it be easier to find reasons for
  5028. lowering its reward than for raising it above the common level.
  5029. Every producer receives an education; every laborer is a talent, a
  5030. capacity,--that is, a piece of collective property. But all talents are
  5031. not equally costly. It takes but few teachers, but few years, and but
  5032. little study, to make a farmer or a mechanic: the generative effort
  5033. and--if I may venture to use such language--the period of social
  5034. gestation are proportional to the loftiness of the capacity. But while
  5035. the physician, the poet, the artist, and the savant produce but little,
  5036. and that slowly, the productions of the farmer are much less uncertain,
  5037. and do not require so long a time. Whatever be then the capacity of a
  5038. man,--when this capacity is once created,--it does not belong to him.
  5039. Like the material fashioned by an industrious hand, it had the power
  5040. of BECOMING, and society has given it BEING. Shall the vase say to the
  5041. potter, "I am that I am, and I owe you nothing"?
  5042. The artist, the savant, and the poet find their just recompense in the
  5043. permission that society gives them to devote themselves exclusively to
  5044. science and to art: so that in reality they do not labor for themselves,
  5045. but for society, which creates them, and requires of them no other duty.
  5046. Society can, if need be, do without prose and verse, music and painting,
  5047. and the knowledge of the movements of the moon and stars; but it cannot
  5048. live a single day without food and shelter.
  5049. Undoubtedly, man does not live by bread alone; he must, also (according
  5050. to the Gospel), LIVE BY THE WORD OF GOD; that is, he must love the
  5051. good and do it, know and admire the beautiful, and study the marvels of
  5052. Nature. But in order to cultivate his mind, he must first take care of
  5053. his body,--the latter duty is as necessary as the former is noble. If it
  5054. is glorious to charm and instruct men, it is honorable as well to feed
  5055. them. When, then, society--faithful to the principle of the division
  5056. of labor--intrusts a work of art or of science to one of its members,
  5057. allowing him to abandon ordinary labor, it owes him an indemnity for
  5058. all which it prevents him from producing industrially; but it owes him
  5059. nothing more. If he should demand more, society should, by refusing his
  5060. services, annihilate his pretensions. Forced, then, in order to live, to
  5061. devote himself to labor repugnant to his nature, the man of genius would
  5062. feel his weakness, and would live the most distasteful of lives.
  5063. They tell of a celebrated singer who demanded of the Empress of Russia
  5064. (Catherine II) twenty thousand roubles for his services: "That is more
  5065. than I give my field-marshals," said Catherine. "Your majesty," replied
  5066. the other, "has only to make singers of her field-marshals."
  5067. If France (more powerful than Catherine II) should say to Mademoiselle
  5068. Rachel, "You must act for one hundred louis, or else spin cotton;" to
  5069. M. Duprez, "You must sing for two thousand four hundred francs, or else
  5070. work in the vineyard,"--do you think that the actress Rachel, and the
  5071. singer Duprez, would abandon the stage? If they did, they would be the
  5072. first to repent it.
  5073. Mademoiselle Rachel receives, they say, sixty thousand francs annually
  5074. from the Comedie-Francaise. For a talent like hers, it is a slight fee.
  5075. Why not one hundred thousand francs, two hundred thousand francs? Why!
  5076. not a civil list? What meanness! Are we really guilty of chaffering with
  5077. an artist like Mademoiselle Rachel?
  5078. It is said, in reply, that the managers of the theatre cannot give more
  5079. without incurring a loss; that they admit the superior talent of
  5080. their young associate; but that, in fixing her salary, they have been
  5081. compelled to take the account of the company's receipts and expenses
  5082. into consideration also.
  5083. That is just, but it only confirms what I have said; namely, that an
  5084. artist's talent may be infinite, but that its mercenary claims are
  5085. necessarily limited,--on the one hand, by its usefulness to the society
  5086. which rewards it; on the other, by the resources of this society: in
  5087. other words, that the demand of the seller is balanced by the right of
  5088. the buyer.
  5089. Mademoiselle Rachel, they say, brings to the treasury of the
  5090. Theatre-Francais more than sixty thousand francs. I admit it; but then I
  5091. blame the theatre. From whom does the Theatre-Francais take this
  5092. money? From some curious people who are perfectly free. Yes; but the
  5093. workingmen, the lessees, the tenants, those who borrow by pawning their
  5094. possessions, from whom these curious people recover all that they pay to
  5095. the theatre,--are they free? And when the better part of their products
  5096. are consumed by others at the play, do you assure me that their families
  5097. are not in want? Until the French people, reflecting on the salaries
  5098. paid to all artists, savants, and public functionaries, have plainly
  5099. expressed their wish and judgment as to the matter, the salaries of
  5100. Mademoiselle Rachel and all her fellow-artists will be a compulsory tax
  5101. extorted by violence, to reward pride, and support libertinism.
  5102. It is because we are neither free nor sufficiently enlightened, that we
  5103. submit to be cheated in our bargains; that the laborer pays the duties
  5104. levied by the prestige of power and the selfishness of talent upon the
  5105. curiosity of the idle, and that we are perpetually scandalized by these
  5106. monstrous inequalities which are encouraged and applauded by public
  5107. opinion.
  5108. The whole nation, and the nation only, pays its authors, its savants,
  5109. its artists, its officials, whatever be the hands through which their
  5110. salaries pass. On what basis should it pay them? On the basis of
  5111. equality. I have proved it by estimating the value of talent. I shall
  5112. confirm it in the following chapter, by proving the impossibility of all
  5113. social inequality.
  5114. What have we shown so far? Things so simple that really they seem
  5115. silly:--
  5116. That, as the traveller does not appropriate the route which he
  5117. traverses, so the farmer does not appropriate the field which he sows;
  5118. That if, nevertheless, by reason of his industry, a laborer may
  5119. appropriate the material which he employs, every employer of material
  5120. becomes, by the same title, a proprietor;
  5121. That all capital, whether material or mental, being the result of
  5122. collective labor, is, in consequence, collective property;
  5123. That the strong have no right to encroach upon the labor of the weak,
  5124. nor the shrewd to take advantage of the credulity of the simple;
  5125. Finally, that no one can be forced to buy that which he does not want,
  5126. still less to pay for that which he has not bought; and, consequently,
  5127. that the exchangeable value of a product, being measured neither by the
  5128. opinion of the buyer nor that of the seller, but by the amount of time
  5129. and outlay which it has cost, the property of each always remains the
  5130. same.
  5131. Are not these very simple truths? Well, as simple as they seem to you,
  5132. reader, you shall yet see others which surpass them in dullness and
  5133. simplicity. For our course is the reverse of that of the geometricians:
  5134. with them, the farther they advance, the more difficult their problems
  5135. become; we, on the contrary, after having commenced with the most
  5136. abstruse propositions, shall end with the axioms.
  5137. But I must close this chapter with an exposition of one of those
  5138. startling truths which never have been dreamed of by legists or
  5139. economists.
  5140. % 8.--That, from the Stand-point of Justice, Labor destroys Property.
  5141. This proposition is the logical result of the two preceding sections,
  5142. which we have just summed up.
  5143. The isolated man can supply but a very small portion of his wants; all
  5144. his power lies in association, and in the intelligent combination of
  5145. universal effort. The division and co-operation of labor multiply the
  5146. quantity and the variety of products; the individuality of functions
  5147. improves their quality.
  5148. There is not a man, then, but lives upon the products of several
  5149. thousand different industries; not a laborer but receives from society
  5150. at large the things which he consumes, and, with these, the power to
  5151. reproduce. Who, indeed, would venture the assertion, "I produce, by
  5152. my own effort, all that I consume; I need the aid of no one else"?
  5153. The farmer, whom the early economists regarded as the only real
  5154. producer--the farmer, housed, furnished, clothed, fed, and assisted
  5155. by the mason, the carpenter, the tailor, the miller, the baker, the
  5156. butcher, the grocer, the blacksmith, &c.,--the farmer, I say, can he
  5157. boast that he produces by his own unaided effort?
  5158. The various articles of consumption are given to each by all;
  5159. consequently, the production of each involves the production of all.
  5160. One product cannot exist without another; an isolated industry is an
  5161. impossible thing. What would be the harvest of the farmer, if others
  5162. did not manufacture for him barns, wagons, ploughs, clothes, &c.? Where
  5163. would be the savant without the publisher; the printer without the
  5164. typecaster and the machinist; and these, in their turn, without a
  5165. multitude of other industries?... Let us not prolong this catalogue--so
  5166. easy to extend--lest we be accused of uttering commonplaces. All
  5167. industries are united by mutual relations in a single group; all
  5168. productions do reciprocal service as means and end; all varieties of
  5169. talent are but a series of changes from the inferior to the superior.
  5170. Now, this undisputed and indisputable fact of the general participation
  5171. in every species of product makes all individual productions common; so
  5172. that every product, coming from the hands of the producer, is mortgaged
  5173. in advance by society. The producer himself is entitled to only
  5174. that portion of his product, which is expressed by a fraction whose
  5175. denominator is equal to the number of individuals of which society is
  5176. composed. It is true that in return this same producer has a share in
  5177. all the products of others, so that he has a claim upon all, just as
  5178. all have a claim upon him; but is it not clear that this reciprocity of
  5179. mortgages, far from authorizing property, destroys even possession? The
  5180. laborer is not even possessor of his product; scarcely has he finished
  5181. it, when society claims it.
  5182. "But," it will be answered, "even if that is so--even if the product
  5183. does not belong to the producer--still society gives each laborer an
  5184. equivalent for his product; and this equivalent, this salary, this
  5185. reward, this allowance, becomes his property. Do you deny that this
  5186. property is legitimate? And if the laborer, instead of consuming his
  5187. entire wages, chooses to economize,--who dare question his right to do
  5188. so?"
  5189. The laborer is not even proprietor of the price of his labor, and cannot
  5190. absolutely control its disposition. Let us not be blinded by a spurious
  5191. justice. That which is given the laborer in exchange for his product is
  5192. not given him as a reward for past labor, but to provide for and secure
  5193. future labor. We consume before we produce. The laborer may say at the
  5194. end of the day, "I have paid yesterday's expenses; to-morrow I shall pay
  5195. those of today." At every moment of his life, the member of society is
  5196. in debt; he dies with the debt unpaid:--how is it possible for him to
  5197. accumulate?
  5198. They talk of economy--it is the proprietor's hobby. Under a system of
  5199. equality, all economy which does not aim at subsequent reproduction or
  5200. enjoyment is impossible--why? Because the thing saved, since it cannot
  5201. be converted into capital, has no object, and is without a FINAL CAUSE.
  5202. This will be explained more fully in the next chapter.
  5203. To conclude:--
  5204. The laborer, in his relation to society, is a debtor who of necessity
  5205. dies insolvent. The proprietor is an unfaithful guardian who denies the
  5206. receipt of the deposit committed to his care, and wishes to be paid for
  5207. his guardianship down to the last day.
  5208. Lest the principles just set forth may appear to certain readers
  5209. too metaphysical, I shall reproduce them in a more concrete form,
  5210. intelligible to the dullest brains, and pregnant with the most important
  5211. consequences.
  5212. Hitherto, I have considered property as a power of EXCLUSION; hereafter,
  5213. I shall examine it as a power of INVASION.
  5214. CHAPTER IV. THAT PROPERTY IS IMPOSSIBLE.
  5215. The last resort of proprietors,--the overwhelming argument whose
  5216. invincible potency reassures them,--is that, in their opinion, equality
  5217. of conditions is impossible. "Equality of conditions is a chimera," they
  5218. cry with a knowing air; "distribute wealth equally to-day--to-morrow
  5219. this equality will have vanished."
  5220. To this hackneyed objection, which they repeat everywhere with the most
  5221. marvellous assurance, they never fail to add the following comment, as
  5222. a sort of GLORY BE TO THE FATHER: "If all men were equal, nobody would
  5223. work." This anthem is sung with variations.
  5224. "If all were masters, nobody would obey."
  5225. "If nobody were rich, who would employ the poor?"
  5226. And, "If nobody were poor, who would labor for the rich?"
  5227. But let us have done with invective--we have better arguments at our
  5228. command.
  5229. If I show that property itself is impossible--that it is property which
  5230. is a contradiction, a chimera, a utopia; and if I show it no longer
  5231. by metaphysics and jurisprudence, but by figures, equations, and
  5232. calculations,--imagine the fright of the astounded proprietor! And you,
  5233. reader; what do you think of the retort?
  5234. Numbers govern the world--mundum regunt numeri. This proverb applies
  5235. as aptly to the moral and political, as to the sidereal and molecular,
  5236. world. The elements of justice are identical with those of algebra;
  5237. legislation and government are simply the arts of classifying
  5238. and balancing powers; all jurisprudence falls within the rules of
  5239. arithmetic. This chapter and the next will serve to lay the foundations
  5240. of this extraordinary doctrine. Then will be unfolded to the reader's
  5241. vision an immense and novel career; then shall we commence to see in
  5242. numerical relations the synthetic unity of philosophy and the sciences;
  5243. and, filled with admiration and enthusiasm for this profound and
  5244. majestic simplicity of Nature, we shall shout with the apostle: "Yes,
  5245. the Eternal has made all things by number, weight, and measure!" We
  5246. shall understand not only that equality of conditions is possible, but
  5247. that all else is impossible; that this seeming impossibility which
  5248. we charge upon it arises from the fact that we always think of it
  5249. in connection either with the proprietary or the communistic
  5250. regime,--political systems equally irreconcilable with human nature. We
  5251. shall see finally that equality is constantly being realized without our
  5252. knowledge, even at the very moment when we are pronouncing it incapable
  5253. of realization; that the time draws near when, without any effort or
  5254. even wish of ours, we shall have it universally established; that with
  5255. it, in it, and by it, the natural and true political order must make
  5256. itself manifest.
  5257. It has been said, in speaking of the blindness and obstinacy of the
  5258. passions, that, if man had any thing to gain by denying the truths of
  5259. arithmetic, he would find some means of unsettling their certainty: here
  5260. is an opportunity to try this curious experiment. I attack property,
  5261. no longer with its own maxims, but with arithmetic. Let the proprietors
  5262. prepare to verify my figures; for, if unfortunately for them the figures
  5263. prove accurate, the proprietors are lost.
  5264. In proving the impossibility of property, I complete the proof of its
  5265. injustice. In fact,--
  5266. That which is JUST must be USEFUL;
  5267. That which is useful must be TRUE;
  5268. That which is true must be POSSIBLE;
  5269. Therefore, every thing which is impossible is untrue, useless, unjust.
  5270. Then,--a priori,--we may judge of the justice of any thing by its
  5271. possibility; so that if the thing were absolutely impossible, it would
  5272. be absolutely unjust.
  5273. PROPERTY IS PHYSICALLY AND MATHEMATICALLY IMPOSSIBLE.
  5274. DEMONSTRATION.
  5275. AXIOM.--Property is the Right of Increase claimed by the Proprietor over
  5276. any thing which he has stamped as his own.
  5277. This proposition is purely an axiom, because,--
  5278. 1. It is not a definition, since it does not express all that is
  5279. included in the right of property--the right of sale, of exchange, of
  5280. gift; the right to transform, to alter, to consume, to destroy, to
  5281. use and abuse, &c. All these rights are so many different powers of
  5282. property, which we may consider separately; but which we disregard here,
  5283. that we may devote all our attention to this single one,--the right of
  5284. increase.
  5285. 2. It is universally admitted. No one can deny it without denying the
  5286. facts, without being instantly belied by universal custom.
  5287. 3. It is self-evident, since property is always accompanied (either
  5288. actually or potentially) by the fact which this axiom expresses; and
  5289. through this fact, mainly, property manifests, establishes, and asserts
  5290. itself.
  5291. 4. Finally, its negation involves a contradiction. The right of increase
  5292. is really an inherent right, so essential a part of property, that, in
  5293. its absence, property is null and void.
  5294. OBSERVATIONS.--Increase receives different names according to the
  5295. thing by which it is yielded: if by land, FARM-RENT; if by houses and
  5296. furniture, RENT; if by life-investments, REVENUE; if by money, INTEREST;
  5297. if by exchange, ADVANTAGE, GAIN, PROFIT (three things which must not be
  5298. confounded with the wages or legitimate price of labor).
  5299. Increase--a sort of royal prerogative, of tangible and consumable
  5300. homage--is due to the proprietor on account of his nominal and
  5301. metaphysical occupancy. His seal is set upon the thing; that is enough
  5302. to prevent any one else from occupying it without HIS permission.
  5303. This permission to use his things the proprietor may, if he chooses,
  5304. freely grant. Commonly he sells it. This sale is really a stellionate
  5305. and an extortion; but by the legal fiction of the right of property,
  5306. this same sale, severely punished, we know not why, in other cases, is a
  5307. source of profit and value to the proprietor.
  5308. The amount demanded by the proprietor, in payment for this permission,
  5309. is expressed in monetary terms by the dividend which the supposed
  5310. product yields in nature. So that, by the right of increase, the
  5311. proprietor reaps and does not plough; gleans and does not till; consumes
  5312. and does not produce; enjoys and does not labor. Very different from the
  5313. idols of the Psalmist are the gods of property: the former had hands and
  5314. felt not; the latter, on the contrary, _manus habent et palpabunt_.
  5315. _ _The right of increase is conferred in a very mysterious and
  5316. supernatural manner. The inauguration of a proprietor is accompanied
  5317. by the awful ceremonies of an ancient initiation. First, comes the
  5318. CONSECRATION of the article; a consecration which makes known to all
  5319. that they must offer up a suitable sacrifice to the proprietor, whenever
  5320. they wish, by his permission obtained and signed, to use his article.
  5321. Second, comes the ANATHEMA, which prohibits--except on the conditions
  5322. aforesaid--all persons from touching the article, even in the
  5323. proprietor's absence; and pronounces every violator of property
  5324. sacrilegious, infamous, amenable to the secular power, and deserving of
  5325. being handed over to it.
  5326. Finally, the DEDICATION, which enables the proprietor or patron
  5327. saint--the god chosen to watch over the article--to inhabit it mentally,
  5328. like a divinity in his sanctuary. By means of this dedication, the
  5329. substance of the article--so to speak--becomes converted into the person
  5330. of the proprietor, who is regarded as ever present in its form.
  5331. This is exactly the doctrine of the writers on jurisprudence.
  5332. "Property," says Toullier, "is a MORAL QUALITY inherent in a thing;
  5333. AN ACTUAL BOND which fastens it to the proprietor, and which cannot be
  5334. broken save by his act." Locke humbly doubted whether God could make
  5335. matter INTELLIGENT. Toullier asserts that the proprietor renders it
  5336. MORAL. How much does he lack of being a God? These are by no means
  5337. exaggerations.
  5338. PROPERTY IS THE RIGHT OF INCREASE; that is, the power to produce without
  5339. labor. Now, to produce without labor is to make something from nothing;
  5340. in short, to create. Surely it is no more difficult to do this than to
  5341. moralize matter. The jurists are right, then, in applying to proprietors
  5342. this passage from the Scriptures,--_Ego dixi: Dii estis et filii Excelsi
  5343. omnes_,--"I have said, Ye are gods; and all of you are children of the
  5344. Most High."
  5345. PROPERTY IS THE RIGHT OF INCREASE. To us this axiom shall be like the
  5346. name of the beast in the Apocalypse,--a name in which is hidden the
  5347. complete explanation of the whole mystery of this beast. It was known
  5348. that he who should solve the mystery of this name would obtain a
  5349. knowledge of the whole prophecy, and would succeed in mastering the
  5350. beast. Well! by the most careful interpretation of our axiom we shall
  5351. kill the sphinx of property.
  5352. Starting from this eminently characteristic fact--the RIGHT OF
  5353. INCREASE--we shall pursue the old serpent through his coils; we shall
  5354. count the murderous entwinings of this frightful taenia, whose head,
  5355. with its thousand suckers, is always hidden from the sword of its most
  5356. violent enemies, though abandoning to them immense fragments of its
  5357. body. It requires something more than courage to subdue this monster.
  5358. It was written that it should not die until a proletaire, armed with a
  5359. magic wand, had fought with it.
  5360. COROLLARIES.--1. THE AMOUNT OF INCREASE IS PROPORTIONAL TO THE THING
  5361. INCREASED. Whatever be the rate of interest,--whether it rise to three,
  5362. five, or ten per cent., or fall to one-half, one-fourth, one-tenth,--it
  5363. does not matter; the law of increase remains the same. The law is as
  5364. follows:--
  5365. All capital--the cash value of which can be estimated--may be considered
  5366. as a term in an arithmetical series which progresses in the ratio of one
  5367. hundred, and the revenue yielded by this capital as the corresponding
  5368. term of another arithmetical series which progresses in a ratio equal to
  5369. the rate of interest. Thus, a capital of five hundred francs being the
  5370. fifth term of the arithmetical progression whose ratio is one hundred,
  5371. its revenue at three per cent. will be indicated by the fifth term of
  5372. the arithmetical progression whose ratio is three:--
  5373. 100 . 200 . 300 . 400 . 500.
  5374. 3 . 6 . 9 . 12 . 15.
  5375. An acquaintance with this sort of LOGARITHMS--tables of which,
  5376. calculated to a very high degree, are possessed by proprietors--will
  5377. give us the key to the most puzzling problems, and cause us to
  5378. experience a series of surprises.
  5379. By this LOGARITHMIC theory of the right of increase, a piece of
  5380. property, together with its income, may be defined as A NUMBER WHOSE
  5381. LOGARITHM IS EQUAL TO THE SUM OF ITS UNITS DIVIDED BY ONE HUNDRED, AND
  5382. MULTIPLIED BY THE RATE OF INTEREST. For instance; a house valued at one
  5383. hundred thousand francs, and leased at five per cent., yields a revenue
  5384. of five thousand francs, according to the formula 100,000 x 5 / 100 =
  5385. five thousand. Vice versa, a piece of land which yields, at two and a
  5386. half per cent., a revenue of three thousand francs is worth one hundred
  5387. and twenty thousand francs, according to this other formula;
  5388. 3,000 x 100/ 2 1/2 = one hundred and twenty thousand.
  5389. In the first case, the ratio of the progression which marks the increase
  5390. of interest is five; in the second, it is two and a half.
  5391. OBSERVATION.--The forms of increase known as farm-rent, income, and
  5392. interest are paid annually; rent is paid by the week, the month, or
  5393. the year; profits and gains are paid at the time of exchange. Thus, the
  5394. amount of increase is proportional both to the thing increased, and
  5395. the time during which it increases; in other words, usury grows like a
  5396. cancer--_foenus serpit sicut cancer_.
  5397. 2. THE INCREASE PAID TO THE PROPRIETOR BY THE OCCUPANT IS A DEAD LOSS
  5398. TO THE LATTER. For if the proprietor owed, in exchange for the increase
  5399. which he receives, some thing more than the permission which he grants,
  5400. his right of property would not be perfect--he would not possess
  5401. _jure optimo, jure perfecto;_ that is, he would not be in reality a
  5402. proprietor. Then, all which passes from the hands of the occupant into
  5403. those of the proprietor in the name of increase, and as the price of
  5404. the permission to occupy, is a permanent gain for the latter, and a dead
  5405. loss and annihilation for the former; to whom none of it will return,
  5406. save in the forms of gift, alms, wages paid for his services, or
  5407. the price of merchandise which he has delivered. In a word, increase
  5408. perishes so far as the borrower is concerned; or to use the more
  5409. energetic Latin phrase,--_res perit solventi_.
  5410. 3. THE RIGHT OF INCREASE OPPRESSES THE PROPRIETOR AS WELL AS THE
  5411. STRANGER. The master of a thing, as its proprietor, levies a tax for the
  5412. use of his property upon himself as its possessor, equal to that which
  5413. he would receive from a third party; so that capital bears interest in
  5414. the hands of the capitalist, as well as in those of the borrower and the
  5415. commandite. If, indeed, rather than accept a rent of five hundred francs
  5416. for my apartment, I prefer to occupy and enjoy it, it is clear that I
  5417. shall become my own debtor for a rent equal to that which I deny myself.
  5418. This principle is universally practised in business, and is regarded as
  5419. an axiom by the economists. Manufacturers, also, who have the advantage
  5420. of being proprietors of their floating capital, although they owe no
  5421. interest to any one, in calculating their profits subtract from them,
  5422. not only their running expenses and the wages of their employees, but
  5423. also the interest on their capital. For the same reason, money-lenders
  5424. retain in their own possession as little money as possible; for, since
  5425. all capital necessarily bears interest, if this interest is supplied by
  5426. no one, it comes out of the capital, which is to that extent diminished.
  5427. Thus, by the right of increase, capital eats itself up. This is,
  5428. doubtless, the idea that Papinius intended to convey in the phrase, as
  5429. elegant as it is forcible--_Foenus mordet solidam_. I beg pardon for
  5430. using Latin so frequently in discussing this subject; it is an homage
  5431. which I pay to the most usurious nation that ever existed.
  5432. FIRST PROPOSITION.
  5433. Property is impossible, because it demands Something for Nothing.
  5434. The discussion of this proposition covers the same ground as that of the
  5435. origin of farm-rent, which is so much debated by the economists. When
  5436. I read the writings of the greater part of these men, I cannot avoid
  5437. a feeling of contempt mingled with anger, in view of this mass of
  5438. nonsense, in which the detestable vies with the absurd. It would be a
  5439. repetition of the story of the elephant in the moon, were it not for the
  5440. atrocity of the consequences. To seek a rational and legitimate origin
  5441. of that which is, and ever must be, only robbery, extortion, and
  5442. plunder--that must be the height of the proprietor's folly; the last
  5443. degree of bedevilment into which minds, otherwise judicious, can be
  5444. thrown by the perversity of selfishness.
  5445. "A farmer," says Say, "is a wheat manufacturer who, among other tools
  5446. which serve him in modifying the material from which he makes the
  5447. wheat, employs one large tool, which we call a field. If he is not the
  5448. proprietor of the field, if he is only a tenant, he pays the proprietor
  5449. for the productive service of this tool. The tenant is reimbursed by
  5450. the purchaser, the latter by another, until the product reaches the
  5451. consumer; who redeems the first payment, PLUS all the others, by means
  5452. of which the product has at last come into his hands."
  5453. Let us lay aside the subsequent payments by which the product reaches
  5454. the consumer, and, for the present, pay attention only to the first one
  5455. of all,--the rent paid to the proprietor by the tenant. On what ground,
  5456. we ask, is the proprietor entitled to this rent?
  5457. According to Ricardo, MacCulloch, and Mill, farm-rent, properly
  5458. speaking, is simply the EXCESS OF THE PRODUCT OF THE MOST FERTILE LAND
  5459. OVER THAT OF LANDS OF AN INFERIOR QUALITY; so that farm-rent is not
  5460. demanded for the former until the increase of population renders
  5461. necessary the cultivation of the latter.
  5462. It is difficult to see any sense in this. How can a right to the land be
  5463. based upon a difference in the quality of the land? How can varieties of
  5464. soil engender a principle of legislation and politics? This reasoning
  5465. is either so subtle, or so stupid, that the more I think of it, the more
  5466. bewildered I become. Suppose two pieces of land of equal area; the one,
  5467. A, capable of supporting ten thousand inhabitants; the other, B, capable
  5468. of supporting nine thousand only: when, owing to an increase in their
  5469. number, the inhabitants of A shall be forced to cultivate B, the landed
  5470. proprietors of A will exact from their tenants in A a rent proportional
  5471. to the difference between ten and nine. So say, I think, Ricardo,
  5472. MacCulloch, and Mill. But if A supports as many inhabitants as it can
  5473. contain,--that is, if the inhabitants of A, by our hypothesis, have only
  5474. just enough land to keep them alive,--how can they pay farm-rent?
  5475. If they had gone no farther than to say that the difference in land has
  5476. OCCASIONED farm-rent, instead of CAUSED it, this observation would have
  5477. taught us a valuable lesson; namely, that farm-rent grew out of a desire
  5478. for equality. Indeed, if all men have an equal right to the possession
  5479. of good land, no one can be forced to cultivate bad land without
  5480. indemnification. Farm-rent--according to Ricardo, MacCulloch, and
  5481. Mill--would then have been a compensation for loss and hardship. This
  5482. system of practical equality is a bad one, no doubt; but it sprang from
  5483. good intentions. What argument can Ricardo, MacCulloch, and Mill develop
  5484. therefrom in favor of property? Their theory turns against themselves,
  5485. and strangles them.
  5486. Malthus thinks that farm-rent has its source in the power possessed by
  5487. land of producing more than is necessary to supply the wants of the
  5488. men who cultivate it. I would ask Malthus why successful labor should
  5489. entitle the idle to a portion of the products?
  5490. But the worthy Malthus is mistaken in regard to the fact. Yes; land has
  5491. the power of producing more than is needed by those who cultivate it, if
  5492. by CULTIVATORS is meant tenants only. The tailor also makes more clothes
  5493. than he wears, and the cabinet-maker more furniture than he uses. But,
  5494. since the various professions imply and sustain one another, not only
  5495. the farmer, but the followers of all arts and trades--even to the doctor
  5496. and the school-teacher--are, and ought to be, regarded as CULTIVATORS OF
  5497. THE LAND. Malthus bases farm-rent upon the principle of commerce.
  5498. Now, the fundamental law of commerce being equivalence of the products
  5499. exchanged, any thing which destroys this equivalence violates the law.
  5500. There is an error in the estimate which needs to be corrected.
  5501. Buchanan--a commentator on Smith--regarded farm-rent as the result of a
  5502. monopoly, and maintained that labor alone is productive. Consequently,
  5503. he thought that, without this monopoly, products would rise in price;
  5504. and he found no basis for farm-rent save in the civil law. This opinion
  5505. is a corollary of that which makes the civil law the basis of property.
  5506. But why has the civil law--which ought to be the written expression of
  5507. justice--authorized this monopoly? Whoever says monopoly, necessarily
  5508. excludes justice. Now, to say that farm-rent is a monopoly sanctioned by
  5509. the law, is to say that injustice is based on justice,--a contradiction
  5510. in terms.
  5511. Say answers Buchanan, that the proprietor is not a monopolist, because a
  5512. monopolist "is one who does not increase the utility of the merchandise
  5513. which passes through his hands."
  5514. How much does the proprietor increase the utility of his tenant's
  5515. products? Has he ploughed, sowed, reaped, mowed, winnowed, weeded? These
  5516. are the processes by which the tenant and his employees increase
  5517. the utility of the material which they consume for the purpose of
  5518. reproduction.
  5519. "The landed proprietor increases the utility of products by means of his
  5520. implement, the land. This implement receives in one state, and returns
  5521. in another the materials of which wheat is composed. The action of
  5522. the land is a chemical process, which so modifies the material that it
  5523. multiplies it by destroying it. The soil is then a producer of utility;
  5524. and when it [the soil?] asks its pay in the form of profit, or farm
  5525. rent, for its proprietor, it at the same time gives something to the
  5526. consumer in exchange for the amount which the consumer pays it. It gives
  5527. him a produced utility; and it is the production of this utility which
  5528. warrants us in calling land productive, as well as labor."
  5529. Let us clear up this matter.
  5530. The blacksmith who manufactures for the farmer implements of husbandry,
  5531. the wheelwright who makes him a cart, the mason who builds his barn,
  5532. the carpenter, the basket-maker, &c.,--all of whom contribute to
  5533. agricultural production by the tools which they provide,--are producers
  5534. of utility; consequently, they are entitled to a part of the products.
  5535. "Undoubtedly," says Say; "but the land also is an implement whose
  5536. service must be paid for, then...."
  5537. I admit that the land is an implement; but who made it? Did the
  5538. proprietor? Did he--by the efficacious virtue of the right of property,
  5539. by this MORAL QUALITY infused into the soil--endow it with vigor and
  5540. fertility? Exactly there lies the monopoly of the proprietor; in the
  5541. fact that, though he did not make the implement, he asks pay for its
  5542. use. When the Creator shall present himself and claim farm-rent, we will
  5543. consider the matter with him; or even when the proprietor--his pretended
  5544. representative--shall exhibit his power-of-attorney.
  5545. "The proprietor's service," adds Say, "is easy, I admit."
  5546. It is a frank confession.
  5547. "But we cannot disregard it. Without property, one farmer would contend
  5548. with another for the possession of a field without a proprietor, and the
  5549. field would remain uncultivated...."
  5550. Then the proprietor's business is to reconcile farmers by robbing
  5551. them. O logic! O justice! O the marvellous wisdom of economists! The
  5552. proprietor, if they are right, is like Perrin-Dandin who, when summoned
  5553. by two travellers to settle a dispute about an oyster, opened it,
  5554. gobbled it, and said to them:--
  5555. "The Court awards you each a shell."
  5556. Could any thing worse be said of property?
  5557. Will Say tell us why the same farmers, who, if there were no
  5558. proprietors, would contend with each other for possession of the
  5559. soil, do not contend to-day with the proprietors for this possession?
  5560. Obviously, because they think them legitimate possessors, and because
  5561. their respect for even an imaginary right exceeds their avarice. I
  5562. proved, in Chapter II., that possession is sufficient, without property,
  5563. to maintain social order. Would it be more difficult, then, to reconcile
  5564. possessors without masters than tenants controlled by proprietors? Would
  5565. laboring men, who respect--much to their own detriment--the pretended
  5566. rights of the idler, violate the natural rights of the producer and the
  5567. manufacturer? What! if the husbandman forfeited his right to the land as
  5568. soon as he ceased to occupy it, would he become more covetous? And would
  5569. the impossibility of demanding increase, of taxing another's labor, be a
  5570. source of quarrels and law-suits? The economists use singular logic.
  5571. But we are not yet through. Admit that the proprietor is the legitimate
  5572. master of the land.
  5573. "The land is an instrument of production," they say. That is true. But
  5574. when, changing the noun into an adjective, they alter the phrase, thus,
  5575. "The land is a productive instrument," they make a wicked blunder.
  5576. According to Quesnay and the early economists, all production comes from
  5577. the land. Smith, Ricardo, and de Tracy, on the contrary, say that labor
  5578. is the sole agent of production. Say, and most of his successors,
  5579. teach that BOTH land AND labor AND capital are productive. The latter
  5580. constitute the eclectic school of political economy. The truth is, that
  5581. NEITHER land NOR labor NOR capital is productive. Production results
  5582. from the co-operation of these three equally necessary elements, which,
  5583. taken separately, are equally sterile.
  5584. Political economy, indeed, treats of the production, distribution,
  5585. and consumption of wealth or values. But of what values? Of the values
  5586. produced by human industry; that is, of the changes made in matter
  5587. by man, that he may appropriate it to his own use, and not at all of
  5588. Nature's spontaneous productions. Man's labor consists in a simple
  5589. laying on of hands. When he has taken that trouble, he has produced a
  5590. value. Until then, the salt of the sea, the water of the springs, the
  5591. grass of the fields, and the trees of the forests are to him as if they
  5592. were not. The sea, without the fisherman and his line, supplies no fish.
  5593. The forest, without the wood-cutter and his axe, furnishes neither
  5594. fuel nor timber. The meadow, without the mower, yields neither hay
  5595. nor aftermath. Nature is a vast mass of material to be cultivated and
  5596. converted into products; but Nature produces nothing for herself: in the
  5597. economical sense, her products, in their relation to man, are not yet
  5598. products.
  5599. Capital, tools, and machinery are likewise unproductive. The hammer and
  5600. the anvil, without the blacksmith and the iron, do not forge. The mill,
  5601. without the miller and the grain, does not grind, &c. Bring tools and
  5602. raw material together; place a plough and some seed on fertile soil;
  5603. enter a smithy, light the fire, and shut up the shop,--you will produce
  5604. nothing. The following remark was made by an economist who possessed
  5605. more good sense than most of his fellows: "Say credits capital with an
  5606. active part unwarranted by its nature; left to itself, it is an idle
  5607. tool." (J. Droz: Political Economy.)
  5608. Finally, labor and capital together, when unfortunately combined,
  5609. produce nothing. Plough a sandy desert, beat the water of the rivers,
  5610. pass type through a sieve,--you will get neither wheat, nor fish, nor
  5611. books. Your trouble will be as fruitless as was the immense labor of the
  5612. army of Xerxes; who, as Herodotus says, with his three million soldiers,
  5613. scourged the Hellespont for twenty-four hours, as a punishment for
  5614. having broken and scattered the pontoon bridge which the great king had
  5615. thrown across it.
  5616. Tools and capital, land and labor, considered individually and
  5617. abstractly, are not, literally speaking, productive. The proprietor who
  5618. asks to be rewarded for the use of a tool, or the productive power
  5619. of his land, takes for granted, then, that which is radically false;
  5620. namely, that capital produces by its own effort,--and, in taking pay for
  5621. this imaginary product, he literally receives something for nothing.
  5622. OBJECTION.--But if the blacksmith, the wheelwright, all manufacturers in
  5623. short, have a right to the products in return for the implements which
  5624. they furnish; and if land is an implement of production,--why does not
  5625. this implement entitle its proprietor, be his claim real or imaginary,
  5626. to a portion of the products; as in the case of the manufacturers of
  5627. ploughs and wagons?
  5628. REPLY.--Here we touch the heart of the question, the mystery of
  5629. property; which we must clear up, if we would understand any thing of
  5630. the strange effects of the right of increase.
  5631. He who manufactures or repairs the farmer's tools receives the price
  5632. ONCE, either at the time of delivery, or in several payments; and when
  5633. this price is once paid to the manufacturer, the tools which he has
  5634. delivered belong to him no more. Never does he claim double payment for
  5635. the same tool, or the same job of repairs. If he annually shares in the
  5636. products of the farmer, it is owing to the fact that he annually makes
  5637. something for the farmer.
  5638. The proprietor, on the contrary, does not yield his implement; eternally
  5639. he is paid for it, eternally he keeps it.
  5640. In fact, the rent received by the proprietor is not intended to defray
  5641. the expense of maintaining and repairing the implement; this expense is
  5642. charged to the borrower, and does not concern the proprietor except as
  5643. he is interested in the preservation of the article. If he takes it upon
  5644. himself to attend to the repairs, he takes care that the money which he
  5645. expends for this purpose is repaid.
  5646. This rent does not represent the product of the implement, since of
  5647. itself the implement produces nothing; we have just proved this, and we
  5648. shall prove it more clearly still by its consequences.
  5649. Finally, this rent does not represent the participation of the
  5650. proprietor in the production; since this participation could consist,
  5651. like that of the blacksmith and the wheelwright, only in the surrender
  5652. of the whole or a part of his implement, in which case he would cease
  5653. to be its proprietor, which would involve a contradiction of the idea of
  5654. property.
  5655. Then, between the proprietor and his tenant there is no exchange either
  5656. of values or services; then, as our axiom says, farm-rent is real
  5657. increase,--an extortion based solely upon fraud and violence on the
  5658. one hand, and weakness and ignorance upon the other. PRODUCTS say
  5659. the economists, ARE BOUGHT ONLY BY PRODUCTS. This maxim is property's
  5660. condemnation. The proprietor, producing neither by his own labor nor by
  5661. his implement, and receiving products in exchange for nothing, is either
  5662. a parasite or a thief. Then, if property can exist only as a right,
  5663. property is impossible.
  5664. COROLLARIES.--1. The republican constitution of 1793, which defined
  5665. property as "the right to enjoy the fruit of one's labor," was grossly
  5666. mistaken. It should have said, "Property is the right to enjoy and
  5667. dispose at will of another's goods,--the fruit of another's industry and
  5668. labor."
  5669. 2. Every possessor of lands, houses, furniture, machinery, tools, money,
  5670. &c., who lends a thing for a price exceeding the cost of repairs (the
  5671. repairs being charged to the lender, and representing products which he
  5672. exchanges for other products), is guilty of swindling and extortion. In
  5673. short, all rent received (nominally as damages, but really as payment
  5674. for a loan) is an act of property,--a robbery.
  5675. HISTORICAL COMMENT.--The tax which a victorious nation levies upon a
  5676. conquered nation is genuine farm-rent. The seigniorial rights abolished
  5677. by the Revolution of 1789,--tithes, mortmain, statute-labor, &c.,--were
  5678. different forms of the rights of property; and they who under the titles
  5679. of nobles, seigneurs, prebendaries, &c. enjoyed these rights, were
  5680. neither more nor less than proprietors. To defend property to-day is to
  5681. condemn the Revolution.
  5682. SECOND PROPOSITION.
  5683. Property is impossible because wherever it exists Production costs more
  5684. than it is worth.
  5685. The preceding proposition was legislative in its nature; this one
  5686. is economical. It serves to prove that property, which originates in
  5687. violence, results in waste.
  5688. "Production," says Say, "is exchange on a large scale. To render the
  5689. exchange productive the value of the whole amount of service must be
  5690. balanced by the value of the product. If this condition is not
  5691. complied with, the exchange is unequal; the producer gives more than he
  5692. receives."
  5693. Now, value being necessarily based upon utility, it follows that every
  5694. useless product is necessarily valueless,--that it cannot be exchanged;
  5695. and, consequently, that it cannot be given in payment for productive
  5696. services.
  5697. Then, though production may equal consumption, it never can exceed it;
  5698. for there is no real production save where there is a production of
  5699. utility, and there is no utility save where there is a possibility of
  5700. consumption. Thus, so much of every product as is rendered by
  5701. excessive abundance inconsumable, becomes useless, valueless,
  5702. unexchangeable,--consequently, unfit to be given in payment for any
  5703. thing whatever, and is no longer a product.
  5704. Consumption, on the other hand, to be legitimate,--to be true
  5705. consumption,--must be reproductive of utility; for, if it is
  5706. unproductive, the products which it destroys are cancelled
  5707. values--things produced at a pure loss; a state of things which causes
  5708. products to depreciate in value. Man has the power to destroy, but he
  5709. consumes only that which he reproduces. Under a right system of economy,
  5710. there is then an equation between production and consumption.
  5711. These points established, let us suppose a community of one thousand
  5712. families, enclosed in a territory of a given circumference, and deprived
  5713. of foreign intercourse. Let this community represent the human race,
  5714. which, scattered over the face of the earth, is really isolated. In
  5715. fact, the difference between a community and the human race being only
  5716. a numerical one, the economical results will be absolutely the same in
  5717. each case.
  5718. Suppose, then, that these thousand families, devoting themselves
  5719. exclusively to wheat-culture, are obliged to pay to one hundred
  5720. individuals, chosen from the mass, an annual revenue of ten per cent. on
  5721. their product. It is clear that, in such a case, the right of increase
  5722. is equivalent to a tax levied in advance upon social production. Of what
  5723. use is this tax?
  5724. It cannot be levied to supply the community with provisions, for between
  5725. that and farm-rent there is nothing in common; nor to pay for services
  5726. and products,--for the proprietors, laboring like the others, have
  5727. labored only for themselves. Finally, this tax is of no use to its
  5728. recipients who, having harvested wheat enough for their own consumption,
  5729. and not being able in a society without commerce and manufactures to
  5730. procure any thing else in exchange for it, thereby lose the advantage of
  5731. their income.
  5732. In such a society, one-tenth of the product being inconsumable,
  5733. one-tenth of the labor goes unpaid--production costs more than it is
  5734. worth.
  5735. Now, change three hundred of our wheat-producers into artisans of all
  5736. kinds: one hundred gardeners and wine-growers, sixty shoemakers
  5737. and tailors, fifty carpenters and blacksmiths, eighty of various
  5738. professions, and, that nothing may be lacking, seven school-masters,
  5739. one mayor, one judge, and one priest; each industry furnishes the whole
  5740. community with its special product. Now, the total production being one
  5741. thousand, each laborer's consumption is one; namely, wheat, meat,
  5742. and grain, 0.7; wine and vegetables, 0.1; shoes and clothing, 0.06;
  5743. iron-work and furniture, 0.05; sundries, 0.08; instruction, 0.007;
  5744. administration, 0.002; mass, 0.001, Total 1.
  5745. But the community owes a revenue of ten per cent.; and it matters little
  5746. whether the farmers alone pay it, or all the laborers are responsible
  5747. for it,--the result is the same. The farmer raises the price of his
  5748. products in proportion to his share of the debt; the other laborers
  5749. follow his example. Then, after some fluctuations, equilibrium is
  5750. established, and all pay nearly the same amount of the revenue. It
  5751. would be a grave error to assume that in a nation none but farmers pay
  5752. farm-rent--the whole nation pays it.
  5753. I say, then, that by this tax of ten per cent. each laborer's
  5754. consumption is reduced as follows: wheat, 0.63; wine and vegetables,
  5755. 0.09; clothing and shoes, 0.054; furniture and iron-work, 0.045; other
  5756. products, 0.072; schooling, 0.0063; administration, 0.0018; mass,
  5757. 0.0009. Total 0.9.
  5758. The laborer has produced 1; he consumes only 0.9. He loses, then,
  5759. one-tenth of the price of his labor; his production still costs
  5760. more than it is worth. On the other hand, the tenth received by the
  5761. proprietors is no less a waste; for, being laborers themselves, they,
  5762. like the others, possess in the nine-tenths of their product the
  5763. wherewithal to live: they want for nothing. Why should they wish their
  5764. proportion of bread, wine, meat, clothes, shelter, &c., to be doubled,
  5765. if they can neither consume nor exchange them? Then farm-rent, with
  5766. them as with the rest of the laborers, is a waste, and perishes in their
  5767. hands. Extend the hypothesis, increase the number and variety of the
  5768. products, you still have the same result.
  5769. Hitherto, we have considered the proprietor as taking part in the
  5770. production, not only (as Say says) by the use of his instrument, but in
  5771. an effective manner and by the labor of his hands. Now, it is easy to
  5772. see that, under such circumstances, property will never exist. What
  5773. happens?
  5774. The proprietor--an essentially libidinous animal, without virtue or
  5775. shame--is not satisfied with an orderly and disciplined life. He loves
  5776. property, because it enables him to do at leisure what he pleases and
  5777. when he pleases. Having obtained the means of life, he gives himself up
  5778. to trivialities and indolence; he enjoys, he fritters away his time, he
  5779. goes in quest of curiosities and novel sensations. Property--to enjoy
  5780. itself--has to abandon ordinary life, and busy itself in luxurious
  5781. occupations and unclean enjoyments.
  5782. Instead of giving up a farm-rent, which is perishing in their hands,
  5783. and thus lightening the labor of the community, our hundred proprietors
  5784. prefer to rest. In consequence of this withdrawal,--the absolute
  5785. production being diminished by one hundred, while the consumption
  5786. remains the same,--production and consumption seem to balance. But,
  5787. in the first place, since the proprietors no longer labor, their
  5788. consumption is, according to economical principles, unproductive;
  5789. consequently, the previous condition of the community--when the labor of
  5790. one hundred was rewarded by no products--is superseded by one in which
  5791. the products of one hundred are consumed without labor. The deficit
  5792. is always the same, whichever the column of the account in which it is
  5793. expressed. Either the maxims of political economy are false, or else
  5794. property, which contradicts them, is impossible.
  5795. The economists--regarding all unproductive consumption as an evil, as
  5796. a robbery of the human race--never fail to exhort proprietors to
  5797. moderation, labor, and economy; they preach to them the necessity of
  5798. making themselves useful, of remunerating production for that which they
  5799. receive from it; they launch the most terrible curses against luxury and
  5800. laziness. Very beautiful morality, surely; it is a pity that it lacks
  5801. common sense. The proprietor who labors, or, as the economists say,
  5802. WHO MAKES HIMSELF USEFUL, is paid for this labor and utility; is he,
  5803. therefore, any the less idle as concerns the property which he does not
  5804. use, and from which he receives an income? His condition, whatever he
  5805. may do, is an unproductive and FELONIOUS one; he cannot cease to waste
  5806. and destroy without ceasing to be a proprietor.
  5807. But this is only the least of the evils which property engenders.
  5808. Society has to maintain some idle people, whether or no. It will always
  5809. have the blind, the maimed, the insane, and the idiotic. It can easily
  5810. support a few sluggards. At this point, the impossibilities thicken and
  5811. become complicated.
  5812. THIRD PROPOSITION.
  5813. Property is impossible, because, with a given capital, Production is
  5814. proportional to labor, not to property.
  5815. To pay a farm-rent of one hundred at the rate of ten per cent. of the
  5816. product, the product must be one thousand; that the product may be one
  5817. thousand, a force of one thousand laborers is needed. It follows,
  5818. that in granting a furlough, as we have just done, to our one hundred
  5819. laborer-proprietors, all of whom had an equal right to lead the life
  5820. of men of income,--we have placed ourselves in a position where we are
  5821. unable to pay their revenues. In fact, the productive power, which at
  5822. first was one thousand, being now but nine hundred, the production is
  5823. also reduced to nine hundred, one-tenth of which is ninety. Either,
  5824. then, ten proprietors out of the one hundred cannot be paid,--provided
  5825. the remaining ninety are to get the whole amount of their farm-rent,--or
  5826. else all must consent to a decrease of ten per cent. For it is not for
  5827. the laborer, who has been wanting in no particular, who has produced as
  5828. in the past, to suffer by the withdrawal of the proprietor. The
  5829. latter must take the consequences of his own idleness. But, then, the
  5830. proprietor becomes poorer for the very reason that he wishes to enjoy;
  5831. by exercising his right, he loses it; so that property seems to decrease
  5832. and vanish in proportion as we try to lay hold of it,--the more we
  5833. pursue it, the more it eludes our grasp. What sort of a right is that
  5834. which is governed by numerical relations, and which an arithmetical
  5835. calculation can destroy?
  5836. The laborer-proprietor received, first, as laborer, 0.9 in wages;
  5837. second, as proprietor, 1 in farm-rent. He said to himself, "My farm-rent
  5838. is sufficient; I have enough and to spare without my labor." And thus
  5839. it is that the income upon which he calculated gets diminished by
  5840. one-tenth,--he at the same time not even suspecting the cause of this
  5841. diminution. By taking part in the production, he was himself the creator
  5842. of this tenth which has vanished; and while he thought to labor only for
  5843. himself, he unwittingly suffered a loss in exchanging his products, by
  5844. which he was made to pay to himself one-tenth of his own farm-rent. Like
  5845. every one else, he produced 1, and received but 0.9
  5846. If, instead of nine hundred laborers, there had been but five hundred,
  5847. the whole amount of farm-rent would have been reduced to fifty; if there
  5848. had been but one hundred, it would have fallen to ten. We may posit,
  5849. then, the following axiom as a law of proprietary economy: INCREASE MUST
  5850. DIMINISH AS THE NUMBER OF IDLERS AUGMENTS.
  5851. _ _This first result will lead us to another more surprising still.
  5852. Its effect is to deliver us at one blow from all the evils of property,
  5853. without abolishing it, without wronging proprietors, and by a highly
  5854. conservative process.
  5855. We have just proved that, if the farm-rent in a community of one
  5856. thousand laborers is one hundred, that of nine hundred would be ninety,
  5857. that of eight hundred, eighty, that of one hundred, ten, &c. So that, in
  5858. a community where there was but one laborer, the farm-rent would be but
  5859. 0.1; no matter how great the extent and value of the land appropriated.
  5860. Therefore, WITH A GIVEN LANDED CAPITAL, PRODUCTION IS PROPORTIONAL TO
  5861. LABOR, NOT TO PROPERTY.
  5862. Guided by this principle, let us try to ascertain the maximum increase
  5863. of all property whatever.
  5864. What is, essentially, a farm-lease? It is a contract by which the
  5865. proprietor yields to a tenant possession of his land, in consideration
  5866. of a portion of that which it yields him, the proprietor. If, in
  5867. consequence of an increase in his household, the tenant becomes ten
  5868. times as strong as the proprietor, he will produce ten times as
  5869. much. Would the proprietor in such a case be justified in raising the
  5870. farm-rent tenfold? His right is not, The more you produce, the more I
  5871. demand. It is, The more I sacrifice, the more I demand. The increase
  5872. in the tenant's household, the number of hands at his disposal, the
  5873. resources of his industry,--all these serve to increase production, but
  5874. bear no relation to the proprietor. His claims are to be measured by his
  5875. own productive capacity, not that of others. Property is the right of
  5876. increase, not a poll-tax. How could a man, hardly capable of cultivating
  5877. even a few acres by himself, demand of a community, on the ground of its
  5878. use of ten thousand acres of his property, ten thousand times as much
  5879. as he is incapable of producing from one acre? Why should the price of a
  5880. loan be governed by the skill and strength of the borrower, rather than
  5881. by the utility sacrificed by the proprietor? We must recognize, then,
  5882. this second economical law: INCREASE IS MEASURED BY A FRACTION OF THE
  5883. PROPRIETORS PRODUCTION.
  5884. Now, this production, what is it? In other words, What can the lord and
  5885. master of a piece of land justly claim to have sacrificed in lending it
  5886. to a tenant?
  5887. The productive capacity of a proprietor, like that of any laborer, being
  5888. one, the product which he sacrifices in surrendering his land is also
  5889. one. If, then, the rate of increase is ten per cent., the maximum
  5890. increase is 0.1.
  5891. But we have seen that, whenever a proprietor withdraws from production,
  5892. the amount of products is lessened by 1. Then the increase which accrues
  5893. to him, being equal to 0.1 while he remains among the laborers, will be
  5894. equal after his withdrawal, by the law of the decrease of farm-rent,
  5895. to 0.09. Thus we are led to this final formula: THE MAXIMUM INCOME OF
  5896. A PROPRIETOR IS EQUAL TO THE SQUARE ROOT OF THE PRODUCT OF ONE LABORER
  5897. (some number being agreed upon to express this product). THE DIMINUTION
  5898. WHICH THIS INCOME SUFFERS, IF THE PROPRIETOR IS IDLE, IS EQUAL TO A
  5899. FRACTION WHOSE NUMERATOR IS 1, AND WHOSE DENOMINATOR IS THE NUMBER WHICH
  5900. EXPRESSES THE PRODUCT.
  5901. Thus the maximum income of an idle proprietor, or of one who labors in
  5902. his own behalf outside of the community, figured at ten per cent. on an
  5903. average production of one thousand francs per laborer, would be ninety
  5904. francs. If, then, there are in France one million proprietors with an
  5905. income of one thousand francs each, which they consume unproductively,
  5906. instead of the one thousand millions which are paid them annually, they
  5907. are entitled in strict justice, and by the most accurate calculation, to
  5908. ninety millions only.
  5909. It is something of a reduction, to take nine hundred and ten millions
  5910. from the burdens which weigh so heavily upon the laboring class!
  5911. Nevertheless, the account is not finished, and the laborer is still
  5912. ignorant of the full extent of his rights.
  5913. What is the right of increase when confined within just limits? A
  5914. recognition of the right of occupancy. But since all have an equal right
  5915. of occupancy, every man is by the same title a proprietor. Every man has
  5916. a right to an income equal to a fraction of his product. If, then,
  5917. the laborer is obliged by the right of property to pay a rent to the
  5918. proprietor, the proprietor is obliged by the same right to pay the same
  5919. amount of rent to the laborer; and, since their rights balance each
  5920. other, the difference between them is zero.
  5921. _Scholium_.--If farm-rent is only a fraction of the supposed product of
  5922. the proprietor, whatever the amount and value of the property, the same
  5923. is true in the case of a large number of small and distinct proprietors.
  5924. For, although one man may use the property of each separately, he cannot
  5925. use the property of all at the same time.
  5926. To sum up. The right of increase, which can exist only within very
  5927. narrow limits, defined by the laws of production, is annihilated by
  5928. the right of occupancy. Now, without the right of increase, there is no
  5929. property. Then property is impossible.
  5930. FOURTH PROPOSITION.
  5931. Property is impossible, because it is Homicide.
  5932. If the right of increase could be subjected to the laws of reason and
  5933. justice, it would be reduced to an indemnity or reward whose MAXIMUM
  5934. never could exceed, for a single laborer, a certain fraction of that
  5935. which he is capable of producing. This we have just shown. But why
  5936. should the right of increase--let us not fear to call it by its right
  5937. name, the right of robbery--be governed by reason, with which it has
  5938. nothing in common? The proprietor is not content with the increase
  5939. allotted him by good sense and the nature of things: he demands ten
  5940. times, a hundred times, a thousand times, a million times as much. By
  5941. his own labor, his property would yield him a product equal only to
  5942. one; and he demands of society, no longer a right proportional to his
  5943. productive capacity, but a per capita tax. He taxes his fellows in
  5944. proportion to their strength, their number, and their industry. A son
  5945. is born to a farmer. "Good!" says the proprietor; "one more chance
  5946. for increase!" By what process has farm-rent been thus changed into
  5947. a poll-tax? Why have our jurists and our theologians failed, with all
  5948. their shrewdness, to check the extension of the right of increase?
  5949. The proprietor, having estimated from his own productive capacity the
  5950. number of laborers which his property will accommodate, divides it
  5951. into as many portions, and says: "Each one shall yield me revenue."
  5952. To increase his income, he has only to divide his property. Instead
  5953. of reckoning the interest due him on his labor, he reckons it on his
  5954. capital; and, by this substitution, the same property, which in the
  5955. hands of its owner is capable of yielding only one, is worth to him
  5956. ten, a hundred, a thousand, a million. Consequently, he has only to hold
  5957. himself in readiness to register the names of the laborers who apply to
  5958. him--his task consists in drafting leases and receipts.
  5959. Not satisfied with the lightness of his duties, the proprietor does not
  5960. intend to bear even the deficit resulting from his idleness; he throws
  5961. it upon the shoulders of the producer, of whom he always demands the
  5962. same reward. When the farm-rent of a piece of land is once raised to its
  5963. highest point, the proprietor never lowers it; high prices, the scarcity
  5964. of labor, the disadvantages of the season, even pestilence itself, have
  5965. no effect upon him--why should he suffer from hard times when he does
  5966. not labor?
  5967. Here commences a new series of phenomena.
  5968. Say--who reasons with marvellous clearness whenever he assails taxation,
  5969. but who is blind to the fact that the proprietor, as well as the
  5970. tax-gatherer, steals from the tenant, and in the same manner--says in
  5971. his second letter to Malthus:--
  5972. "If the collector of taxes and those who employ him consume one-sixth
  5973. of the products, they thereby compel the producers to feed, clothe, and
  5974. support themselves on five-sixths of what they produce. They admit this,
  5975. but say at the same time that it is possible for each one to live on
  5976. five-sixths of what he produces.
  5977. "I admit that, if they insist upon it; but I ask if they believe that the
  5978. producer would live as well, in case they demanded of him, instead of
  5979. one-sixth, two-sixths, or one-third, of their products? No; but he would
  5980. still live. Then I ask whether he would still live, in case they should
  5981. rob him of two-thirds,... then three-quarters? But I hear no reply."
  5982. If the master of the French economists had been less blinded by his
  5983. proprietary prejudices, he would have seen that farm-rent has precisely
  5984. the same effect.
  5985. Take a family of peasants composed of six persons,--father, mother, and
  5986. four children,--living in the country, and cultivating a small piece of
  5987. ground. Let us suppose that by hard labor they manage, as the saying is,
  5988. to make both ends meet; that, having lodged, warmed, clothed, and fed
  5989. themselves, they are clear of debt, but have laid up nothing. Taking the
  5990. years together, they contrive to live. If the year is prosperous, the
  5991. father drinks a little more wine, the daughters buy themselves a dress,
  5992. the sons a hat; they eat a little cheese, and, occasionally, some meat.
  5993. I say that these people are on the road to wreck and ruin.
  5994. For, by the third corollary of our axiom, they owe to themselves the
  5995. interest on their own capital. Estimating this capital at only eight
  5996. thousand francs at two and a half per cent., there is an annual interest
  5997. of two hundred francs to be paid. If, then, these two hundred francs,
  5998. instead of being subtracted from the gross product to be saved and
  5999. capitalized, are consumed, there is an annual deficit of two hundred
  6000. francs in the family assets; so that at the end of forty years these
  6001. good people, without suspecting it, will have eaten up their property
  6002. and become bankrupt!
  6003. This result seems ridiculous--it is a sad reality.
  6004. The conscription comes. What is the conscription? An act of property
  6005. exercised over families by the government without warning--a robbery
  6006. of men and money. The peasants do not like to part with their sons,--in
  6007. that I do not think them wrong. It is hard for a young man of twenty
  6008. to gain any thing by life in the barracks; unless he is depraved, he
  6009. detests it. You can generally judge of a soldier's morality by his
  6010. hatred of his uniform. Unfortunate wretches or worthless scamps,--such
  6011. is the make-up of the French army. This ought not to be the case,--but
  6012. so it is. Question a hundred thousand men, and not one will contradict
  6013. my assertion.
  6014. Our peasant, in redeeming his two conscripted sons, expends four
  6015. thousand francs, which he borrows for that purpose; the interest on
  6016. this, at five per cent., is two hundred francs;--a sum equal to that
  6017. referred to above. If, up to this time, the production of the family,
  6018. constantly balanced by its consumption, has been one thousand two
  6019. hundred francs, or two hundred francs per persons--in order to pay this
  6020. interest, either the six laborers must produce as much as seven, or must
  6021. consume as little as five.
  6022. Curtail consumption they cannot--how can they curtail necessity? To
  6023. produce more is impossible; they can work neither harder nor longer.
  6024. Shall they take a middle course, and consume five and a half while
  6025. producing six and a half? They would soon find that with the stomach
  6026. there is no compromise--that beyond a certain degree of abstinence it
  6027. is impossible to go--that strict necessity can be curtailed but little
  6028. without injury to the health; and, as for increasing the product,--there
  6029. comes a storm, a drought, an epizootic, and all the hopes of the farmer
  6030. are dashed. In short, the rent will not be paid, the interest will
  6031. accumulate, the farm will be seized, and the possessor ejected.
  6032. Thus a family, which lived in prosperity while it abstained from
  6033. exercising the right of property, falls into misery as soon as the
  6034. exercise of this right becomes a necessity. Property requires of the
  6035. husbandman the double power of enlarging his land, and fertilizing it by
  6036. a simple command. While a man is simply possessor of the land, he finds
  6037. in it means of subsistence; as soon as he pretends to proprietorship,
  6038. it suffices him no longer. Being able to produce only that which
  6039. he consumes, the fruit of his labor is his recompense for his
  6040. trouble--nothing is left for the instrument.
  6041. Required to pay what he cannot produce,--such is the condition of the
  6042. tenant after the proprietor has retired from social production in order
  6043. to speculate upon the labor of others by new methods.
  6044. Let us now return to our first hypothesis.
  6045. The nine hundred laborers, sure that their future production will equal
  6046. that of the past, are quite surprised, after paying their farm-rent, to
  6047. find themselves poorer by one-tenth than they were the previous year.
  6048. In fact, this tenth--which was formerly produced and paid by the
  6049. proprietor-laborer who then took part in the production, and paid part
  6050. of the--public expenses--now has not been produced, and has been paid.
  6051. It must then have been taken from the producer's consumption. To
  6052. choke this inexplicable deficit, the laborer borrows, confident of
  6053. his intention and ability to return,--a confidence which is shaken the
  6054. following year by a new loan, PLUS the interest on the first. From whom
  6055. does he borrow? From the proprietor. The proprietor lends his surplus to
  6056. the laborer; and this surplus, which he ought to return, becomes--being
  6057. lent at interest--a new source of profit to him. Then debts increase
  6058. indefinitely; the proprietor makes advances to the producer who never
  6059. returns them; and the latter, constantly robbed and constantly borrowing
  6060. from the robbers, ends in bankruptcy, defrauded of all that he had.
  6061. Suppose that the proprietor--who needs his tenant to furnish him with
  6062. an income--then releases him from his debts. He will thus do a very
  6063. benevolent deed, which will procure for him a recommendation in the
  6064. curate's prayers; while the poor tenant, overwhelmed by this unstinted
  6065. charity, and taught by his catechism to pray for his benefactors, will
  6066. promise to redouble his energy, and suffer new hardships that he may
  6067. discharge his debt to so kind a master.
  6068. This time he takes precautionary measures; he raises the price of
  6069. grains. The manufacturer does the same with his products. The reaction
  6070. comes, and, after some fluctuation, the farm-rent--which the tenant
  6071. thought to put upon the manufacturer's shoulders--becomes nearly
  6072. balanced. So that, while he is congratulating himself upon his success,
  6073. he finds himself again impoverished, but to an extent somewhat smaller
  6074. than before. For the rise having been general, the proprietor suffers
  6075. with the rest; so that the laborers, instead of being poorer by
  6076. one-tenth, lose only nine-hundredths. But always it is a debt which
  6077. necessitates a loan, the payment of interest, economy, and fasting.
  6078. Fasting for the nine-hundredths which ought not to be paid, and are
  6079. paid; fasting for the redemption of debts; fasting to pay the interest
  6080. on them. Let the crop fail, and the fasting becomes starvation. They
  6081. say, "IT IS NECESSARY TO WORK MORE." That means, obviously, that IT IS
  6082. NECESSARY TO PRODUCE MORE. By what conditions is production effected? By
  6083. the combined action of labor, capital, and land. As for the labor, the
  6084. tenant undertakes to furnish it; but capital is formed only by economy.
  6085. Now, if the tenant could accumulate any thing, he would pay his debts.
  6086. But granting that he has plenty of capital, of what use would it be to
  6087. him if the extent of the land which he cultivates always remained the
  6088. same? He needs to enlarge his farm.
  6089. Will it be said, finally, that he must work harder and to better
  6090. advantage? But, in our estimation of farm-rent, we have assumed the
  6091. highest possible average of production. Were it not the highest, the
  6092. proprietor would increase the farm-rent. Is not this the way in which
  6093. the large landed proprietors have gradually raised their rents, as
  6094. fast as they have ascertained by the increase in population and
  6095. the development of industry how much society can produce from their
  6096. property? The proprietor is a foreigner to society; but, like the
  6097. vulture, his eyes fixed upon his prey, he holds himself ready to pounce
  6098. upon and devour it.
  6099. The facts to which we have called attention, in a community of one
  6100. thousand persons, are reproduced on a large scale in every nation
  6101. and wherever human beings live, but with infinite variations and in
  6102. innumerable forms, which it is no part of my intention to describe.
  6103. In fine, property--after having robbed the laborer by usury--murders him
  6104. slowly by starvation. Now, without robbery and murder, property cannot
  6105. exist; with robbery and murder, it soon dies for want of support.
  6106. Therefore it is impossible.
  6107. FIFTH PROPOSITION.
  6108. Property is impossible, because, if it exists, Society devours itself.
  6109. When the ass is too heavily loaded, he lies down; man always moves on.
  6110. Upon this indomitable courage, the proprietor--well knowing that it
  6111. exists--bases his hopes of speculation. The free laborer produces ten;
  6112. for me, thinks the proprietor, he will produce twelve.
  6113. Indeed,--before consenting to the confiscation of his fields, before
  6114. bidding farewell to the paternal roof,--the peasant, whose story we have
  6115. just told, makes a desperate effort; he leases new land; he will sow
  6116. one-third more; and, taking half of this new product for himself, he
  6117. will harvest an additional sixth, and thereby pay his rent. What an
  6118. evil! To add one-sixth to his production, the farmer must add, not
  6119. one-sixth, but two-sixths to his labor. At such a price, he pays a
  6120. farm-rent which in God's eyes he does not owe.
  6121. The tenant's example is followed by the manufacturer. The former tills
  6122. more land, and dispossesses his neighbors; the latter lowers the price
  6123. of his merchandise, and endeavors to monopolize its manufacture and
  6124. sale, and to crush out his competitors. To satisfy property, the laborer
  6125. must first produce beyond his needs. Then, he must produce beyond his
  6126. strength; for, by the withdrawal of laborers who become proprietors, the
  6127. one always follows from the other. But to produce beyond his strength
  6128. and needs, he must invade the production of another, and consequently
  6129. diminish the number of producers. Thus the proprietor--after having
  6130. lessened production by stepping outside--lessens it still further by
  6131. encouraging the monopoly of labor. Let us calculate it.
  6132. The laborer's deficit, after paying his rent, being, as we have seen,
  6133. one-tenth, he tries to increase his production by this amount. He sees
  6134. no way of accomplishing this save by increasing his labor: this also he
  6135. does. The discontent of the proprietors who have not received the full
  6136. amount of their rent; the advantageous offers and promises made them by
  6137. other farmers, whom they suppose more diligent, more industrious, and
  6138. more reliable; the secret plots and intrigues,--all these give rise to a
  6139. movement for the re-division of labor, and the elimination of a certain
  6140. number of producers. Out of nine hundred, ninety will be ejected, that
  6141. the production of the others may be increased one-tenth. But will
  6142. the total product be increased? Not in the least: there will be eight
  6143. hundred and ten laborers producing as nine hundred, while, to accomplish
  6144. their purpose, they would have to produce as one thousand. Now, it
  6145. having been proved that farm-rent is proportional to the landed capital
  6146. instead of to labor, and that it never diminishes, the debts must
  6147. continue as in the past, while the labor has increased. Here, then, we
  6148. have a society which is continually decimating itself, and which
  6149. would destroy itself, did not the periodical occurrence of failures,
  6150. bankruptcies, and political and economical catastrophes re-establish
  6151. equilibrium, and distract attention from the real causes of the
  6152. universal distress.
  6153. The monopoly of land and capital is followed by economical processes
  6154. which also result in throwing laborers out of employment. Interest being
  6155. a constant burden upon the shoulders of the farmer and the manufacturer,
  6156. they exclaim, each speaking for himself, "I should have the means
  6157. wherewith to pay my rent and interest, had I not to pay so many hands."
  6158. Then those admirable inventions, intended to assure the easy and speedy
  6159. performance of labor, become so many infernal machines which kill
  6160. laborers by thousands.
  6161. "A few years ago, the Countess of Strafford ejected fifteen thousand
  6162. persons from her estate, who, as tenants, added to its value. This act
  6163. of private administration was repeated in 1820, by another large Scotch
  6164. proprietor, towards six hundred tenants and their families."--Tissot: on
  6165. Suicide and Revolt.
  6166. _ _The author whom I quote, and who has written eloquent words
  6167. concerning the revolutionary spirit which prevails in modern society,
  6168. does not say whether he would have disapproved of a revolt on the part
  6169. of these exiles. For myself, I avow boldly that in my eyes it would
  6170. have been the first of rights, and the holiest of duties; and all that I
  6171. desire to-day is that my profession of faith be understood.
  6172. Society devours itself,--1. By the violent and periodical sacrifice
  6173. of laborers: this we have just seen, and shall see again; 2. By the
  6174. stoppage of the producer's consumption caused by property. These two
  6175. modes of suicide are at first simultaneous; but soon the first is given
  6176. additional force by the second, famine uniting with usury to render
  6177. labor at once more necessary and more scarce.
  6178. By the principles of commerce and political economy, that an industrial
  6179. enterprise may be successful, its product must furnish,--1. The interest
  6180. on the capital employed; 2. Means for the preservation of this capital;
  6181. 3. The wages of all the employees and contractors. Further, as large a
  6182. profit as possible must be realized.
  6183. The financial shrewdness and rapacity of property is worthy of
  6184. admiration. Each different name which increase takes affords the
  6185. proprietor an opportunity to receive it,--1. In the form of interest; 2.
  6186. In the form of profit. For, it says, a part of the income derived
  6187. from manufactures consists of interest on the capital employed. If
  6188. one hundred thousand francs have been invested in a manufacturing
  6189. enterprise, and in a year's time five thousand francs have been received
  6190. therefrom in addition to the expenses, there has been no profit, but
  6191. only interest on the capital. Now, the proprietor is not a man to labor
  6192. for nothing. Like the lion in the fable, he gets paid in each of his
  6193. capacities; so that, after he has been served, nothing is left for his
  6194. associates.
  6195. _Ego primam tollo, nominor quia leo.
  6196. Secundam quia sum fortis tribuctis mihi.
  6197. Tum quia plus valeo, me sequetur tertia.
  6198. Malo adficietur, si quis quartam tetigerit._
  6199. I know nothing prettier than this fable.
  6200. "I am the contractor. I take the first share.
  6201. I am the laborer, I take the second.
  6202. I am the capitalist, I take the third.
  6203. I am the proprietor, I take the whole."
  6204. In four lines, Phaedrus has summed up all the forms of property.
  6205. I say that this interest, all the more then this profit, is impossible.
  6206. What are laborers in relation to each other? So many members of a large
  6207. industrial society, to each of whom is assigned a certain portion of
  6208. the general production, by the principle of the division of labor and
  6209. functions. Suppose, first, that this society is composed of but three
  6210. individuals,--a cattle-raiser, a tanner, and a shoemaker. The social
  6211. industry, then, is that of shoemaking. If I should ask what ought to be
  6212. each producer's share of the social product, the first schoolboy whom I
  6213. should meet would answer, by a rule of commerce and association, that it
  6214. should be one-third. But it is not our duty here to balance the rights
  6215. of laborers conventionally associated: we have to prove that, whether
  6216. associated or not, our three workers are obliged to act as if they
  6217. were; that, whether they will or no, they are associated by the force of
  6218. things, by mathematical necessity.
  6219. Three processes are required in the manufacture of shoes,--the rearing
  6220. of cattle, the preparation of their hides, and the cutting and sewing.
  6221. If the hide, on leaving the farmer's stable, is worth one, it is worth
  6222. two on leaving the tanner's pit, and three on leaving the shoemaker's
  6223. shop. Each laborer has produced a portion of the utility; so that, by
  6224. adding all these portions together, we get the value of the article. To
  6225. obtain any quantity whatever of this article, each producer must pay,
  6226. then, first for his own labor, and second for the labor of the other
  6227. producers. Thus, to obtain as many shoes as can be made from ten hides,
  6228. the farmer will give thirty raw hides, and the tanner twenty tanned
  6229. hides. For, the shoes that are made from ten hides are worth thirty raw
  6230. hides, in consequence of the extra labor bestowed upon them; just
  6231. as twenty tanned hides are worth thirty raw hides, on account of
  6232. the tanner's labor. But if the shoemaker demands thirty-three in the
  6233. farmer's product, or twenty-two in the tanner's, for ten in his own,
  6234. there will be no exchange; for, if there were, the farmer and the
  6235. tanner, after having paid the shoemaker ten for his labor, would have to
  6236. pay eleven for that which they had themselves sold for ten,--which, of
  6237. course, would be impossible. [18]
  6238. Well, this is precisely what happens whenever an emolument of any kind
  6239. is received; be it called revenue, farm-rent, interest, or profit. In
  6240. the little community of which we are speaking, if the shoemaker--in
  6241. order to procure tools, buy a stock of leather, and support himself
  6242. until he receives something from his investment--borrows money at
  6243. interest, it is clear that to pay this interest he will have to make a
  6244. profit off the tanner and the farmer. But as this profit is impossible
  6245. unless fraud is used, the interest will fall back upon the shoulders of
  6246. the unfortunate shoemaker, and ruin him.
  6247. I have imagined a case of unnatural simplicity. There is no human
  6248. society but sustains more than three vocations. The most uncivilized
  6249. society supports numerous industries; to-day, the number of industrial
  6250. functions (I mean by industrial functions all useful functions) exceeds,
  6251. perhaps, a thousand. However numerous the occupations, the economic law
  6252. remains the same,--THAT THE PRODUCER MAY LIVE, HIS WAGES MUST REPURCHASE
  6253. HIS PRODUCT.
  6254. _ _The economists cannot be ignorant of this rudimentary principle
  6255. of their pretended science: why, then, do they so obstinately defend
  6256. property, and inequality of wages, and the legitimacy of usury, and the
  6257. honesty of profit,--all of which contradict the economic law, and make
  6258. exchange impossible? A contractor pays one hundred thousand francs
  6259. for raw material, fifty thousand francs in wages, and then expects to
  6260. receive a product of two hundred thousand francs,--that is, expects to
  6261. make a profit on the material and on the labor of his employees; but
  6262. if the laborers and the purveyor of the material cannot, with their
  6263. combined wages, repurchase that which they have produced for the
  6264. contractor, how can they live? I will develop my question. Here details
  6265. become necessary.
  6266. If the workingman receives for his labor an average of three francs per
  6267. day, his employer (in order to gain any thing beyond his own salary, if
  6268. only interest on his capital) must sell the day's labor of his employee,
  6269. in the form of merchandise, for more than three francs. The workingman
  6270. cannot, then, repurchase that which he has produced for his master.
  6271. It is thus with all trades whatsoever. The tailor, the hatter, the
  6272. cabinet-maker, the blacksmith, the tanner, the mason, the jeweller,
  6273. the printer, the clerk, &c., even to the farmer and wine-grower, cannot
  6274. repurchase their products; since, producing for a master who in one form
  6275. or another makes a profit, they are obliged to pay more for their own
  6276. labor than they get for it.
  6277. In France, twenty millions of laborers, engaged in all the branches of
  6278. science, art, and industry, produce every thing which is useful to man.
  6279. Their annual wages amount, it is estimated to twenty thousand millions;
  6280. but, in consequence of the right of property, and the multifarious forms
  6281. of increase, premiums, tithes, interests, fines, profits, farm-rents,
  6282. house-rents, revenues, emoluments of every nature and description, their
  6283. products are estimated by the proprietors and employers at twenty-five
  6284. thousand millions. What does that signify? That the laborers, who are
  6285. obliged to repurchase these products in order to live, must either pay
  6286. five for that which they produced for four, or fast one day in five.
  6287. If there is an economist in France able to show that this calculation is
  6288. false, I summon him to appear; and I promise to retract all that I have
  6289. wrongfully and wickedly uttered in my attacks upon property.
  6290. Let us now look at the results of this profit.
  6291. If the wages of the workingmen were the same in all pursuits, the
  6292. deficit caused by the proprietor's tax would be felt equally everywhere;
  6293. but also the cause of the evil would be so apparent, that it would soon
  6294. be discovered and suppressed. But, as there is the same inequality of
  6295. wages (from that of the scavenger up to that of the minister of state)
  6296. as of property, robbery continually rebounds from the stronger to the
  6297. weaker; so that, since the laborer finds his hardships increase as he
  6298. descends in the social scale, the lowest class of people are literally
  6299. stripped naked and eaten alive by the others.
  6300. The laboring people can buy neither the cloth which they weave, nor the
  6301. furniture which they manufacture, nor the metal which they forge, nor
  6302. the jewels which they cut, nor the prints which they engrave. They can
  6303. procure neither the wheat which they plant, nor the wine which they
  6304. grow, nor the flesh of the animals which they raise. They are allowed
  6305. neither to dwell in the houses which they build, nor to attend the
  6306. plays which their labor supports, nor to enjoy the rest which their body
  6307. requires. And why? Because the right of increase does not permit these
  6308. things to be sold at the cost-price, which is all that laborers can
  6309. afford to pay. On the signs of those magnificent warehouses which he in
  6310. his poverty admires, the laborer reads in large letters: "This is thy
  6311. work, and thou shalt not have it." _Sic vos non vobis_!
  6312. Every manufacturer who employs one thousand laborers, and gains from
  6313. them daily one sou each, is slowly pushing them into a state of misery.
  6314. Every man who makes a profit has entered into a conspiracy with famine.
  6315. But the whole nation has not even this labor, by means of which property
  6316. starves it. And why? Because the workers are forced by the insufficiency
  6317. of their wages to monopolize labor; and because, before being destroyed
  6318. by dearth, they destroy each other by competition. Let us pursue this
  6319. truth no further.
  6320. If the laborer's wages will not purchase his product, it follows
  6321. that the product is not made for the producer. For whom, then, is it
  6322. intended? For the richer consumer; that is, for only a fraction of
  6323. society. But when the whole society labors, it produces for the whole
  6324. society. If, then, only a part of society consumes, sooner or later a
  6325. part of society will be idle. Now, idleness is death, as well for the
  6326. laborer as for the proprietor.
  6327. This conclusion is inevitable.
  6328. The most distressing spectacle imaginable is the sight of producers
  6329. resisting and struggling against this mathematical necessity, this power
  6330. of figures to which their prejudices blind them.
  6331. If one hundred thousand printers can furnish reading-matter enough for
  6332. thirty-four millions of men, and if the price of books is so high that
  6333. only one-third of that number can afford to buy them, it is clear that
  6334. these one hundred thousand printers will produce three times as much as
  6335. the booksellers can sell. That the products of the laborers may never
  6336. exceed the demands of the consumers, the laborers must either rest two
  6337. days out of three, or, separating into three groups, relieve each other
  6338. three times a week, month, or quarter; that is, during two-thirds of
  6339. their life they must not live. But industry, under the influence of
  6340. property, does not proceed with such regularity. It endeavors to
  6341. produce a great deal in a short time, because the greater the amount of
  6342. products, and the shorter the time of production, the less each product
  6343. costs. As soon as a demand begins to be felt, the factories fill up, and
  6344. everybody goes to work. Then business is lively, and both governors and
  6345. governed rejoice. But the more they work to-day, the more idle will they
  6346. be hereafter; the more they laugh, the more they shall weep. Under
  6347. the rule of property, the flowers of industry are woven into none but
  6348. funeral wreaths. The laborer digs his own grave.
  6349. If the factory stops running, the manufacturer has to pay interest on
  6350. his capital the same as before. He naturally tries, then, to continue
  6351. production by lessening expenses. Then comes the lowering of wages; the
  6352. introduction of machinery; the employment of women and children to do
  6353. the work of men; bad workmen, and wretched work. They still produce,
  6354. because the decreased cost creates a larger market; but they do not
  6355. produce long, because, the cheapness being due to the quantity and
  6356. rapidity of production, the productive power tends more than ever to
  6357. outstrip consumption. It is when laborers, whose wages are scarcely
  6358. sufficient to support them from one day to another, are thrown out of
  6359. work, that the consequences of the principle of property become most
  6360. frightful. They have not been able to economize, they have made no
  6361. savings, they have accumulated no capital whatever to support them even
  6362. one day more. Today the factory is closed. To-morrow the people starve
  6363. in the streets. Day after tomorrow they will either die in the hospital,
  6364. or eat in the jail.
  6365. And still new misfortunes come to complicate this terrible situation. In
  6366. consequence of the cessation of business, and the extreme cheapness of
  6367. merchandise, the manufacturer finds it impossible to pay the interest
  6368. on his borrowed capital; whereupon his frightened creditors hasten to
  6369. withdraw their funds. Production is suspended, and labor comes to a
  6370. standstill. Then people are astonished to see capital desert commerce,
  6371. and throw itself upon the Stock Exchange; and I once heard M. Blanqui
  6372. bitterly lamenting the blind ignorance of capitalists. The cause of
  6373. this movement of capital is very simple; but for that very reason an
  6374. economist could not understand it, or rather must not explain it. The
  6375. cause lies solely in COMPETITION.
  6376. I mean by competition, not only the rivalry between two parties engaged
  6377. in the same business, but the general and simultaneous effort of all
  6378. kinds of business to get ahead of each other. This effort is to-day
  6379. so strong, that the price of merchandise scarcely covers the cost of
  6380. production and distribution; so that, the wages of all laborers being
  6381. lessened, nothing remains, not even interest for the capitalists.
  6382. The primary cause of commercial and industrial stagnations is, then,
  6383. interest on capital,--that interest which the ancients with one accord
  6384. branded with the name of usury, whenever it was paid for the use
  6385. of money, but which they did not dare to condemn in the forms of
  6386. house-rent, farm-rent, or profit: as if the nature of the thing lent
  6387. could ever warrant a charge for the lending; that is, robbery.
  6388. In proportion to the increase received by the capitalist will be the
  6389. frequency and intensity of commercial crises,--the first being given, we
  6390. always can determine the two others; and vice versa. Do you wish to know
  6391. the regulator of a society? Ascertain the amount of active capital; that
  6392. is, the capital bearing interest, and the legal rate of this interest.
  6393. The course of events will be a series of overturns, whose number and
  6394. violence will be proportional to the activity of capital.
  6395. In 1839, the number of failures in Paris alone was one thousand and
  6396. sixty-four. This proportion was kept up in the early months of 1840;
  6397. and, as I write these lines, the crisis is not yet ended. It is said,
  6398. further, that the number of houses which have wound up their business
  6399. is greater than the number of declared failures. By this flood, we may
  6400. judge of the waterspout's power of suction.
  6401. The decimation of society is now imperceptible and permanent, now
  6402. periodical and violent; it depends upon the course which property takes.
  6403. In a country where the property is pretty evenly distributed, and where
  6404. little business is done,--the rights and claims of each being balanced
  6405. by those of others,--the power of invasion is destroyed. There--it may
  6406. be truly said--property does not exist, since the right of increase is
  6407. scarcely exercised at all. The condition of the laborers--as regards
  6408. security of life--is almost the same as if absolute equality prevailed
  6409. among them. They are deprived of all the advantages of full and free
  6410. association, but their existence is not endangered in the least. With
  6411. the exception of a few isolated victims of the right of property--of
  6412. this misfortune whose primary cause no one perceives--the society
  6413. appears to rest calmly in the bosom of this sort of equality. But have a
  6414. care; it is balanced on the edge of a sword: at the slightest shock, it
  6415. will fall and meet with death!
  6416. Ordinarily, the whirlpool of property localizes itself. On the one hand,
  6417. farm-rent stops at a certain point; on the other, in consequence of
  6418. competition and over-production, the price of manufactured goods does
  6419. not rise,--so that the condition of the peasant varies but little, and
  6420. depends mainly on the seasons. The devouring action of property bears,
  6421. then, principally upon business. We commonly say COMMERCIAL CRISES, not
  6422. AGRICULTURAL CRISES; because, while the farmer is eaten up slowly by the
  6423. right of increase, the manufacturer is swallowed at a single mouthful.
  6424. This leads to the cessation of business, the destruction of fortunes,
  6425. and the inactivity of the working people; who die one after another on
  6426. the highways, and in the hospitals, prisons, and galleys.
  6427. To sum up this proposition:--
  6428. Property sells products to the laborer for more than it pays him for
  6429. them; therefore it is impossible.
  6430. APPENDIX TO THE FIFTH PROPOSITION.
  6431. I. Certain reformers, and even the most of the publicists--who, though
  6432. belonging to no particular school, busy themselves in devising means for
  6433. the amelioration of the lot of the poorer and more numerous class--lay
  6434. much stress now-a-days on a better organization of labor. The disciples
  6435. of Fourier, especially, never stop shouting, "ON TO THE PHALANX!"
  6436. declaiming in the same breath against the foolishness and absurdity of
  6437. other sects.
  6438. They consist of half-a-dozen incomparable geniuses who have discovered
  6439. that FIVE AND FOUR MAKE NINE; TAKE TWO AWAY, AND NINE REMAIN,--and
  6440. who weep over the blindness of France, who refuses to believe in this
  6441. astonishing arithmetic.[1]
  6442. [1] Fourier, having to multiply a whole number by a fraction,
  6443. never failed, they say, to obtain a product much greater than the
  6444. multiplicand. He affirmed that under his system of harmony the mercury
  6445. would solidify when the temperature was above zero. He might as well
  6446. have said that the Harmonians would make burning ice. I once asked an
  6447. intelligent phalansterian what he thought of such physics. "I do not
  6448. know," he answered; "but I believe." And yet the same man disbelieved in
  6449. the doctrine of the Real Presence.
  6450. In fact, the Fourierists proclaim themselves, on the one hand, defenders
  6451. of property, of the right of increase, which they have thus formulated:
  6452. TO EACH ACCORDING TO HIS CAPITAL, HIS LABOR, AND HIS SKILL. On the other
  6453. hand, they wish the workingman to come into the enjoyment of all
  6454. the wealth of society; that is,--abridging the expression,--into the
  6455. undivided enjoyment of his own product. Is not this like saying to the
  6456. workingman, "Labor, you shall have three francs per day; you shall live
  6457. on fifty-five sous; you shall give the rest to the proprietor, and thus
  6458. you will consume three francs"?
  6459. If the above speech is not an exact epitome of Charles Fourier's system,
  6460. I will subscribe to the whole phalansterian folly with a pen dipped in
  6461. my own blood.
  6462. Of what use is it to reform industry and agriculture,--of what use,
  6463. indeed, to labor at all,--if property is maintained, and labor can never
  6464. meet its expenses? Without the abolition of property, the organization
  6465. of labor is neither more nor less than a delusion. If production should
  6466. be quadrupled,--a thing which does not seem to me at all impossible,--it
  6467. would be labor lost: if the additional product was not consumed, it
  6468. would be of no value, and the proprietor would decline to receive it as
  6469. interest; if it was consumed, all the disadvantages of property would
  6470. reappear. It must be confessed that the theory of passional attraction
  6471. is gravely at fault in this particular, and that Fourier, when he tried
  6472. to harmonize the PASSION for property,--a bad passion, whatever he may
  6473. say to the contrary,--blocked his own chariot-wheels.
  6474. The absurdity of the phalansterian economy is so gross, that many people
  6475. suspect Fourier, in spite of all the homage paid by him to proprietors,
  6476. of having been a secret enemy of property. This opinion might be
  6477. supported by plausible arguments; still it is not mine. Charlatanism
  6478. was too important a part for such a man to play, and sincerity too
  6479. insignificant a one. I would rather think Fourier ignorant (which is
  6480. generally admitted) than disingenuous. As for his disciples, before they
  6481. can formulate any opinion of their own, they must declare once for
  6482. all, unequivocally and with no mental reservation, whether they mean to
  6483. maintain property or not, and what they mean by their famous motto,--"To
  6484. each according to his capital, his labor, and his skill."
  6485. II. But, some half-converted proprietor will observe, "Would it not be
  6486. possible, by suppressing the bank, incomes, farm-rent, house-rent, usury
  6487. of all kinds, and finally property itself, to proportion products to
  6488. capacities? That was St. Simon's idea; it was also Fourier's; it is the
  6489. desire of the human conscience; and no decent person would dare maintain
  6490. that a minister of state should live no better than a peasant."
  6491. O Midas! your ears are long! What! will you never understand that
  6492. disparity of wages and the right of increase are one and the same?
  6493. Certainly, St. Simon, Fourier, and their respective flocks committed
  6494. a serious blunder in attempting to unite, the one, inequality and
  6495. communism; the other, inequality and property: but you, a man of
  6496. figures, a man of economy,--you, who know by heart your LOGARITHMIC
  6497. tables,--how can you make so stupid a mistake?
  6498. Does not political economy itself teach you that the product of a man,
  6499. whatever be his individual capacity, is never worth more than his labor,
  6500. and that a man's labor is worth no more than his consumption? You remind
  6501. me of that great constitution-framer, poor Pinheiro-Ferreira, the Sieyes
  6502. of the nineteenth century, who, dividing the citizens of a nation into
  6503. twelve classes,--or, if you prefer, into twelve grades,--assigned to
  6504. some a salary of one hundred thousand francs each; to others, eighty
  6505. thousand; then twenty-five thousand, fifteen thousand, ten thousand,
  6506. &c., down to one thousand five hundred, and one thousand francs, the
  6507. minimum allowance of a citizen. Pinheiro loved distinctions, and could
  6508. no more conceive of a State without great dignitaries than of an army
  6509. without drum-majors; and as he also loved, or thought he loved, liberty,
  6510. equality, and fraternity, he combined the good and the evil of our old
  6511. society in an eclectic philosophy which he embodied in a constitution.
  6512. Excellent Pinheiro! Liberty even to passive submission, fraternity
  6513. even to identity of language, equality even in the jury-box and at the
  6514. guillotine,--such was his ideal republic. Unappreciated genius, of whom
  6515. the present century was unworthy, but whom the future will avenge!
  6516. Listen, proprietor. Inequality of talent exists in fact; in right it is
  6517. not admissible, it goes for nothing, it is not thought of. One Newton in
  6518. a century is equal to thirty millions of men; the psychologist admires
  6519. the rarity of so fine a genius, the legislator sees only the rarity
  6520. of the function. Now, rarity of function bestows no privilege upon the
  6521. functionary; and that for several reasons, all equally forcible.
  6522. 1. Rarity of genius was not, in the Creator's design, a motive to compel
  6523. society to go down on its knees before the man of superior talents,
  6524. but a providential means for the performance of all functions to the
  6525. greatest advantage of all.
  6526. 2. Talent is a creation of society rather than a gift of Nature; it
  6527. is an accumulated capital, of which the receiver is only the guardian.
  6528. Without society,--without the education and powerful assistance which
  6529. it furnishes,--the finest nature would be inferior to the most ordinary
  6530. capacities in the very respect in which it ought to shine. The more
  6531. extensive a man's knowledge, the more luxuriant his imagination, the
  6532. more versatile his talent,--the more costly has his education been, the
  6533. more remarkable and numerous were his teachers and his models, and the
  6534. greater is his debt. The farmer produces from the time that he leaves
  6535. his cradle until he enters his grave: the fruits of art and science
  6536. are late and scarce; frequently the tree dies before the fruit ripens.
  6537. Society, in cultivating talent, makes a sacrifice to hope.
  6538. 3. Capacities have no common standard of comparison: the conditions of
  6539. development being equal, inequality of talent is simply speciality of
  6540. talent.
  6541. 4. Inequality of wages, like the right of increase, is economically
  6542. impossible. Take the most favorable case,--that where each laborer
  6543. has furnished his maximum production; that there may be an equitable
  6544. distribution of products, the share of each must be equal to the
  6545. quotient of the total production divided by the number of laborers. This
  6546. done, what remains wherewith to pay the higher wages? Nothing whatever.
  6547. Will it be said that all laborers should be taxed? But, then, their
  6548. consumption will not be equal to their production, their wages will not
  6549. pay for their productive service, they will not be able to repurchase
  6550. their product, and we shall once more be afflicted with all the
  6551. calamities of property. I do not speak of the injustice done to
  6552. the defrauded laborer, of rivalry, of excited ambition, and burning
  6553. hatred,--these may all be important considerations, but they do not hit
  6554. the point.
  6555. On the one hand, each laborer's task being short and easy, and the means
  6556. for its successful accomplishment being equal in all cases, how could
  6557. there be large and small producers? On the other hand, all functions
  6558. being equal, either on account of the actual equivalence of talents
  6559. and capacities, or on account of social co-operation, how could a
  6560. functionary claim a salary proportional to the worth of his genius?
  6561. But, what do I say? In equality wages are always proportional to
  6562. talents. What is the economical meaning of wages? The reproductive
  6563. consumption of the laborer. The very act by which the laborer produces
  6564. constitutes, then, this consumption, exactly equal to his production,
  6565. of which we are speaking. When the astronomer produces observations, the
  6566. poet verses, or the savant experiments, they consume instruments, books,
  6567. travels, &c., &c.; now, if society supplies this consumption, what more
  6568. can the astronomer, the savant, or the poet demand? We must conclude,
  6569. then, that in equality, and only in equality, St. Simon's adage--TO
  6570. EACH ACCORDING TO HIS CAPACITY TO EACH CAPACITY ACCORDING TO ITS
  6571. RESULTS--finds its full and complete application.
  6572. III. The great evil--the horrible and ever-present evil--arising from
  6573. property, is that, while property exists, population, however reduced,
  6574. is, and always must be, over-abundant. Complaints have been made in
  6575. all ages of the excess of population; in all ages property has been
  6576. embarrassed by the presence of pauperism, not perceiving that it caused
  6577. it. Further,--nothing is more curious than the diversity of the plans
  6578. proposed for its extermination. Their atrocity is equalled only by their
  6579. absurdity.
  6580. The ancients made a practice of abandoning their children. The wholesale
  6581. and retail slaughter of slaves, civil and foreign wars, also lent their
  6582. aid. In Rome (where property held full sway), these three means were
  6583. employed so effectively, and for so long a time, that finally the empire
  6584. found itself without inhabitants. When the barbarians arrived, nobody
  6585. was to be found; the fields were no longer cultivated; grass grew in the
  6586. streets of the Italian cities.
  6587. In China, from time immemorial, upon famine alone has devolved the task
  6588. of sweeping away the poor. The people living almost exclusively upon
  6589. rice, if an accident causes the crop to fail, in a few days hunger kills
  6590. the inhabitants by myriads; and the Chinese historian records in the
  6591. annals of the empire, that in such a year of such an emperor twenty,
  6592. thirty, fifty, one hundred thousand inhabitants died of starvation.
  6593. Then they bury the dead, and recommence the production of children until
  6594. another famine leads to the same result. Such appears to have been, in
  6595. all ages, the Confucian economy.
  6596. I borrow the following facts from a modern economist:--
  6597. "Since the fourteenth and fifteenth centuries, England has been
  6598. preyed upon by pauperism. At that time beggars were punished by law."
  6599. Nevertheless, she had not one-fourth as large a population as she has
  6600. to-day.
  6601. "Edward prohibits alms-giving, on pain of imprisonment.... The laws of
  6602. 1547 and 1656 prescribe a like punishment, in case of a second offence.
  6603. Elizabeth orders that each parish shall support its own paupers. But
  6604. what is a pauper? Charles II. decides that an UNDISPUTED residence of
  6605. forty days constitutes a settlement in a parish; but, if disputed, the
  6606. new-comer is forced to pack off. James II. modifies this decision,
  6607. which is again modified by William. In the midst of trials, reports, and
  6608. modifications, pauperism increases, and the workingman languishes and
  6609. dies.
  6610. "The poor-tax in 1774 exceeded forty millions of francs; in 1783-4-5,
  6611. it averaged fifty-three millions; 1813, more than a hundred and
  6612. eighty-seven millions five hundred thousand francs; 1816, two hundred
  6613. and fifty millions; in 1817, it is estimated at three hundred and
  6614. seventeen millions.
  6615. "In 1821, the number of paupers enrolled upon the parish lists was
  6616. estimated at four millions, nearly one-third of the population.
  6617. "FRANCE. In 1544, Francis I. establishes a compulsory tax in behalf of
  6618. the poor. In 1566 and 1586, the same principle is applied to the whole
  6619. kingdom.
  6620. "Under Louis XIV., forty thousand paupers infested the capital [as many
  6621. in proportion as to-day]. Mendicity was punished severely. In 1740,
  6622. the Parliament of Paris re-establishes within its own jurisdiction the
  6623. compulsory assessment.
  6624. "The Constituent Assembly, frightened at the extent of the evil and the
  6625. difficulty of curing it, ordains the _statu quo_.
  6626. "The Convention proclaims assistance of the poor to be a NATIONAL DEBT.
  6627. Its law remains unexecuted.
  6628. "Napoleon also wishes to remedy the evil: his idea is imprisonment. 'In
  6629. that way,' said he, 'I shall protect the rich from the importunity
  6630. of beggars, and shall relieve them of the disgusting sight of abject
  6631. poverty.'" O wonderful man!
  6632. From these facts, which I might multiply still farther, two things are
  6633. to be inferred,--the one, that pauperism is independent of population;
  6634. the other, that all attempts hitherto made at its extermination have
  6635. proved abortive.
  6636. Catholicism founds hospitals and convents, and commands charity; that
  6637. is, she encourages mendicity. That is the extent of her insight as
  6638. voiced by her priests.
  6639. The secular power of Christian nations now orders taxes on the rich,
  6640. now banishment and imprisonment for the poor; that is, on the one hand,
  6641. violation of the right of property, and, on the other, civil death and
  6642. murder.
  6643. The modern economists--thinking that pauperism is caused by the excess
  6644. of population, exclusively--have devoted themselves to devising checks.
  6645. Some wish to prohibit the poor from marrying; thus,--having denounced
  6646. religious celibacy,--they propose compulsory celibacy, which will
  6647. inevitably become licentious celibacy.
  6648. Others do not approve this method, which they deem too violent; and
  6649. which, they say, deprives the poor man of THE ONLY PLEASURE WHICH HE
  6650. KNOWS IN THIS WORLD. They would simply recommend him to be PRUDENT. This
  6651. opinion is held by Malthus, Sismondi, Say, Droz, Duchatel, &c. But if
  6652. the poor are to be PRUDENT, the rich must set the example. Why should
  6653. the marriageable age of the latter be fixed at eighteen years, while
  6654. that of the former is postponed until thirty?
  6655. Again, they would do well to explain clearly what they mean by this
  6656. matrimonial prudence which they so urgently recommend to the laborer;
  6657. for here equivocation is especially dangerous, and I suspect that
  6658. the economists are not thoroughly understood. "Some half-enlightened
  6659. ecclesiastics are alarmed when they hear prudence in marriage advised;
  6660. they fear that the divine injunction--INCREASE AND MULTIPLY--is to be
  6661. set aside. To be logical, they must anathematize bachelors." (J. Droz:
  6662. Political Economy.)
  6663. M. Droz is too honest a man, and too little of a theologian, to see why
  6664. these casuists are so alarmed; and this chaste ignorance is the very
  6665. best evidence of the purity of his heart. Religion never has encouraged
  6666. early marriages; and the kind of PRUDENCE which it condemns is that
  6667. described in this Latin sentence from Sanchez,--_An licet ob metum
  6668. liberorum semen extra vas ejicere_?
  6669. Destutt de Tracy seems to dislike prudence in either form. He says: "I
  6670. confess that I no more share the desire of the moralists to diminish
  6671. and restrain our pleasures, than that of the politicians to increase
  6672. our procreative powers, and accelerate reproduction." He believes, then,
  6673. that we should love and marry when and as we please. Widespread misery
  6674. results from love and marriage, but this our philosopher does not heed.
  6675. True to the dogma of the necessity of evil, to evil he looks for the
  6676. solution of all problems. He adds: "The multiplication of men continuing
  6677. in all classes of society, the surplus members of the upper classes are
  6678. supported by the lower classes, and those of the latter are destroyed
  6679. by poverty." This philosophy has few avowed partisans; but it has over
  6680. every other the indisputable advantage of demonstration in practice. Not
  6681. long since France heard it advocated in the Chamber of Deputies, in the
  6682. course of the discussion on the electoral reform,--POVERTY WILL ALWAYS
  6683. EXIST. That is the political aphorism with which the minister of state
  6684. ground to powder the arguments of M. Arago. POVERTY WILL ALWAYS EXIST!
  6685. Yes, so long as property does.
  6686. The Fourierists--INVENTORS of so many marvellous contrivances--could
  6687. not, in this field, belie their character. They invented four methods of
  6688. checking increase of population at will.
  6689. 1. THE VIGOR OF WOMEN. On this point they are contradicted by
  6690. experience; for, although vigorous women may be less likely to conceive,
  6691. nevertheless they give birth to the healthiest children; so that the
  6692. advantage of maternity is on their side.
  6693. 2. INTEGRAL EXERCISE, or the equal development of all the physical
  6694. powers. If this development is equal, how is the power of reproduction
  6695. lessened?
  6696. 3. THE GASTRONOMIC REGIME; or, in plain English, the philosophy of the
  6697. belly. The Fourierists say, that abundance of rich food renders
  6698. women sterile; just as too much sap--while enhancing the beauty of
  6699. flowers--destroys their reproductive capacity. But the analogy is a
  6700. false one. Flowers become sterile when the stamens--or male organs--are
  6701. changed into petals, as may be seen by inspecting a rose; and when
  6702. through excessive dampness the pollen loses its fertilizing power.
  6703. Then,--in order that the gastronomic regime may produce the results
  6704. claimed for it,--not only must the females be fattened, but the males
  6705. must be rendered impotent.
  6706. 4. PHANEROGAMIC MORALITY, or public concubinage. I know not why the
  6707. phalansterians use Greek words to convey ideas which can be expressed so
  6708. clearly in French. This method--like the preceding one--is copied from
  6709. civilized customs. Fourier, himself, cites the example of prostitutes
  6710. as a proof. Now we have no certain knowledge yet of the facts which he
  6711. quotes. So states Parent Duchatelet in his work on "Prostitution."
  6712. From all the information which I have been able to gather, I find that
  6713. all the remedies for pauperism and fecundity--sanctioned by universal
  6714. practice, philosophy, political economy, and the latest reformers--may
  6715. be summed up in the following list: masturbation, onanism, [19]
  6716. sodomy, tribadie, polyandry, [20] prostitution, castration, continence,
  6717. abortion, and infanticide. [21]
  6718. All these methods being proved inadequate, there remains proscription.
  6719. Unfortunately, proscription, while decreasing the number of the poor,
  6720. increases their proportion. If the interest charged by the proprietor
  6721. upon the product is equal only to one-twentieth of the product (by law
  6722. it is equal to one-twentieth of the capital), it follows that twenty
  6723. laborers produce for nineteen only; because there is one among them,
  6724. called proprietor, who eats the share of two. Suppose that the twentieth
  6725. laborer--the poor one--is killed: the production of the following year
  6726. will be diminished one-twentieth; consequently the nineteenth will have
  6727. to yield his portion, and perish. For, since it is not one-twentieth
  6728. of the product of nineteen which must be paid to the proprietor, but
  6729. one-twentieth of the product of twenty (see third proposition), each
  6730. surviving laborer must sacrifice one-twentieth PLUS one four-hundredth
  6731. of his product; in other words, one man out of nineteen must be killed.
  6732. Therefore, while property exists, the more poor people we kill, the more
  6733. there are born in proportion.
  6734. Malthus, who proved so clearly that population increases in geometrical
  6735. progression, while production increases only in arithmetical
  6736. progression, did not notice this PAUPERIZING power of property. Had he
  6737. observed this, he would have understood that, before trying to check
  6738. reproduction, the right of increase should be abolished; because,
  6739. wherever that right is tolerated, there are always too many inhabitants,
  6740. whatever the extent or fertility of the soil.
  6741. It will be asked, perhaps, how I would maintain a balance between
  6742. population and production; for sooner or later this problem must be
  6743. solved. The reader will pardon me, if I do not give my method here. For,
  6744. in my opinion, it is useless to say a thing unless we prove it. Now, to
  6745. explain my method fully would require no less than a formal treatise.
  6746. It is a thing so simple and so vast, so common and so extraordinary,
  6747. so true and so misunderstood, so sacred and so profane, that to name it
  6748. without developing and proving it would serve only to excite contempt
  6749. and incredulity. One thing at a time. Let us establish equality, and
  6750. this remedy will soon appear; for truths follow each other, just as
  6751. crimes and errors do.
  6752. SIXTH PROPOSITION.
  6753. Property is impossible, because it is the Mother of Tyranny.
  6754. What is government? Government is public economy, the supreme
  6755. administrative power over public works and national possessions.
  6756. Now, the nation is like a vast society in which all the citizens are
  6757. stockholders. Each one has a deliberative voice in the assembly; and,
  6758. if the shares are equal, has one vote at his disposal. But, under the
  6759. regime of property, there is great inequality between the shares of
  6760. the stockholders; therefore, one may have several hundred votes, while
  6761. another has only one. If, for example, I enjoy an income of one million;
  6762. that is, if I am the proprietor of a fortune of thirty or forty millions
  6763. well invested, and if this fortune constitutes 1/30000 of the national
  6764. capital,--it is clear that the public administration of my property
  6765. would form 1/30000 of the duties of the government; and, if the nation
  6766. had a population of thirty-four millions, that I should have as many
  6767. votes as one thousand one hundred and thirty-three simple stockholders.
  6768. Thus, when M. Arago demands the right of suffrage for all members of the
  6769. National Guard, he is perfectly right; since every citizen is enrolled
  6770. for at least one national share, which entitles him to one vote. But the
  6771. illustrious orator ought at the same time to demand that each elector
  6772. shall have as many votes as he has shares; as is the case in commercial
  6773. associations. For to do otherwise is to pretend that the nation has a
  6774. right to dispose of the property of individuals without consulting them;
  6775. which is contrary to the right of property. In a country where property
  6776. exists, equality of electoral rights is a violation of property.
  6777. Now, if each citizen's sovereignty must and ought to be proportional to
  6778. his property, it follows that the small stock holders are at the mercy
  6779. of the larger ones; who will, as soon as they choose, make slaves of
  6780. the former, marry them at pleasure, take from them their wives,
  6781. castrate their sons, prostitute their daughters, throw the aged to the
  6782. sharks,--and finally will be forced to serve themselves in the same way,
  6783. unless they prefer to tax themselves for the support of their servants.
  6784. In such a condition is Great Britain to-day. John Bull--caring little
  6785. for liberty, equality, or dignity--prefers to serve and beg. But you,
  6786. bonhomme Jacques?
  6787. Property is incompatible with political and civil equality; then
  6788. property is impossible.
  6789. HISTORICAL COMMENTS.--1. When the vote of the third estate was doubled
  6790. by the States-General of 1789, property was grossly violated. The
  6791. nobility and the clergy possessed three-fourths of the soil of France;
  6792. they should have controlled three-fourths of the votes in the national
  6793. representation. To double the vote of the third estate was just, it is
  6794. said, since the people paid nearly all the taxes. This argument would
  6795. be sound, if there were nothing to be voted upon but taxes. But it was a
  6796. question at that time of reforming the government and the constitution;
  6797. consequently, the doubling of the vote of the third estate was a
  6798. usurpation, and an attack on property.
  6799. 2. If the present representatives of the radical opposition should
  6800. come into power, they would work a reform by which every National Guard
  6801. should be an elector, and every elector eligible for office,--an attack
  6802. on property.
  6803. They would lower the rate of interest on public funds,--an attack on
  6804. property.
  6805. They would, in the interest of the public, pass laws to regulate the
  6806. exportation of cattle and wheat,--an attack on property.
  6807. They would alter the assessment of taxes,--an attack on property.
  6808. They would educate the people gratuitously,--a conspiracy against
  6809. property.
  6810. They would organize labor; that is, they would guarantee labor to the
  6811. workingman, and give him a share in the profits,--the abolition of
  6812. property.
  6813. Now, these same radicals are zealous defenders of property,--a radical
  6814. proof that they know not what they do, nor what they wish.
  6815. 3. Since property is the grand cause of privilege and despotism, the
  6816. form of the republican oath should be changed. Instead of, "I swear
  6817. hatred to royalty," henceforth the new member of a secret society should
  6818. say, "I swear hatred to property."
  6819. SEVENTH PROPOSITION.
  6820. _Property is impossible, because, in consuming its Receipts, it loses
  6821. them; in hoarding them, it nullifies them; and in using them as Capital,
  6822. it turns them against Production_.
  6823. I. If, with the economists, we consider the laborer as a living machine,
  6824. we must regard the wages paid to him as the amount necessary to support
  6825. this machine, and keep it in repair. The head of a manufacturing
  6826. establishment--who employs laborers at three, five, ten, and
  6827. fifteen francs per day, and who charges twenty francs for his
  6828. superintendence--does not regard his disbursements as losses, because
  6829. he knows they will return to him in the form of products. Consequently,
  6830. LABOR and REPRODUCTIVE CONSUMPTION are identical.
  6831. What is the proprietor? He is a machine which does not work; or, which
  6832. working for its own pleasure, and only when it sees fit, produces
  6833. nothing.
  6834. What is it to consume as a proprietor? It is to consume without
  6835. working, to consume without reproducing. For, once more, that which the
  6836. proprietor consumes as a laborer comes back to him; he does not give his
  6837. labor in exchange for his property, since, if he did, he would thereby
  6838. cease to be a proprietor. In consuming as a laborer, the proprietor
  6839. gains, or at least does not lose, since he recovers that which he
  6840. consumes; in consuming as a proprietor, he impoverishes himself. To
  6841. enjoy property, then, it is necessary to destroy it; to be a real
  6842. proprietor, one must cease to be a proprietor.
  6843. The laborer who consumes his wages is a machine which destroys and
  6844. reproduces; the proprietor who consumes his income is a bottomless
  6845. gulf,--sand which we water, a stone which we sow. So true is this,
  6846. that the proprietor--neither wishing nor knowing how to produce, and
  6847. perceiving that as fast as he uses his property he destroys it for
  6848. ever--has taken the precaution to make some one produce in his place.
  6849. That is what political economy, speaking in the name of eternal justice,
  6850. calls PRODUCING BY HIS CAPITAL,--PRODUCING BY HIS TOOLS. And that is
  6851. what ought to be called PRODUCING BY A SLAVE--PRODUCING AS A THIEF AND
  6852. AS A TYRANT. He, the proprietor, produce!... The robber might say, as
  6853. well: "I produce."
  6854. The consumption of the proprietor has been styled luxury, in opposition
  6855. to USEFUL consumption. From what has just been said, we see that great
  6856. luxury can prevail in a nation which is not rich,--that poverty even
  6857. increases with luxury, and vice versa. The economists (so much credit
  6858. must be given them, at least) have caused such a horror of luxury,
  6859. that to-day a very large number of proprietors--not to say almost
  6860. all--ashamed of their idleness--labor, economize, and capitalize. They
  6861. have jumped from the frying-pan into the fire.
  6862. I cannot repeat it too often: the proprietor who thinks to deserve
  6863. his income by working, and who receives wages for his labor, is a
  6864. functionary who gets paid twice; that is the only difference between an
  6865. idle proprietor and a laboring proprietor. By his labor, the proprietor
  6866. produces his wages only--not his income. And since his condition enables
  6867. him to engage in the most lucrative pursuits, it may be said that the
  6868. proprietor's labor harms society more than it helps it. Whatever the
  6869. proprietor does, the consumption of his income is an actual loss, which
  6870. his salaried functions neither repair nor justify; and which would
  6871. annihilate property, were it not continually replenished by outside
  6872. production.
  6873. II. Then, the proprietor who consumes annihilates the product: he does
  6874. much worse if he lays it up. The things which he lays by pass into
  6875. another world; nothing more is seen of them, not even the _caput
  6876. mortuum_,--the smoke. If we had some means of transportation by which
  6877. to travel to the moon, and if the proprietors should be seized with a
  6878. sudden fancy to carry their savings thither, at the end of a certain
  6879. time our terraqueous planet would be transported by them to its
  6880. satellite!
  6881. The proprietor who lays up products will neither allow others to enjoy
  6882. them, nor enjoy them himself; for him there is neither possession nor
  6883. property. Like the miser, he broods over his treasures: he does not use
  6884. them. He may feast his eyes upon them; he may lie down with them; he
  6885. may sleep with them in his arms: all very fine, but coins do not
  6886. breed coins. No real property without enjoyment; no enjoyment without
  6887. consumption; no consumption without loss of property,--such is the
  6888. inflexible necessity to which God's judgment compels the proprietor to
  6889. bend. A curse upon property!
  6890. III. The proprietor who, instead of consuming his income, uses it as
  6891. capital, turns it against production, and thereby makes it impossible
  6892. for him to exercise his right. For the more he increases the amount of
  6893. interest to be paid upon it, the more he is compelled to diminish wages.
  6894. Now, the more he diminishes wages,--that is, the less he devotes to
  6895. the maintenance and repair of the machines,--the more he diminishes
  6896. the quantity of labor; and with the quantity of labor the quantity of
  6897. product, and with the quantity of product the very source of his income.
  6898. This is clearly shown by the following example:--
  6899. Take an estate consisting of arable land, meadows, and vineyards,
  6900. containing the dwellings of the owner and the tenant; and worth,
  6901. together with the farming implements, one hundred thousand francs, the
  6902. rate of increase being three per cent. If, instead of consuming his
  6903. revenue, the proprietor uses it, not in enlarging but in beautifying his
  6904. estate, can he annually demand of his tenant an additional ninety francs
  6905. on account of the three thousand francs which he has thus added to
  6906. his capital? Certainly not; for on such conditions the tenant, though
  6907. producing no more than before, would soon be obliged to labor for
  6908. nothing,--what do I say? to actually suffer loss in order to hold his
  6909. lease.
  6910. In fact, revenue can increase only as productive soil increases: it
  6911. is useless to build walls of marble, and work with plows of gold. But,
  6912. since it is impossible to go on acquiring for ever, to add estate to
  6913. estate, to CONTINUE ONE'S POSSESSIONS, as the Latins said; and since,
  6914. moreover, the proprietor always has means wherewith to capitalize,--it
  6915. follows that the exercise of his right finally becomes impossible.
  6916. Well, in spite of this impossibility, property capitalizes, and in
  6917. capitalizing increases its revenue; and, without stopping to look at the
  6918. particular cases which occur in commerce, manufacturing operations,
  6919. and banking, I will cite a graver fact,--one which directly affects all
  6920. citizens. I mean the indefinite increase of the budget.
  6921. The taxes increase every year. It would be difficult to tell in which
  6922. department of the government the expenses increase; for who can boast
  6923. of any knowledge as to the budget? On this point, the ablest financiers
  6924. continually disagree. What is to be thought, I ask, of the science of
  6925. government, when its professors cannot understand one another's figures?
  6926. Whatever be the immediate causes of this growth of the budget, it is
  6927. certain that taxation increases at a rate which causes everybody to
  6928. despair. Everybody sees it, everybody acknowledges it; but nobody
  6929. seems to understand the primary cause.[1] Now, I say that it cannot be
  6930. otherwise,--that it is necessary and inevitable.
  6931. [1] "The financial situation of the English government was shown up
  6932. in the House of Lords during the session of January 23. It is not
  6933. an encouraging one. For several years the expenses have exceeded the
  6934. receipts, and the Minister has been able to re-establish the balance
  6935. only by loans renewed annually. The combined deficits of the years 1838
  6936. and 1839 amount to forty-seven million five hundred thousand francs. In
  6937. 1840, the excess of expenses over receipts is expected to be twenty-two
  6938. million five hundred thousand francs. Attention was called to these
  6939. figures by Lord Ripon. Lord Melbourne replied: 'The noble earl unhappily
  6940. was right in declaring that the public expenses continually increase,
  6941. and with him I must say that there is no room for hope that they can be
  6942. diminished or met in any way.'"--National: January 26, 1840.
  6943. A nation is the tenant of a rich proprietor called the GOVERNMENT,
  6944. to whom it pays, for the use of the soil, a farm-rent called a tax.
  6945. Whenever the government makes war, loses or gains a battle, changes the
  6946. outfit of its army, erects a monu-ment, digs a canal, opens a road,
  6947. or builds a railway, it borrows money, on which the tax-payers pay
  6948. interest; that is, the government, without adding to its productive
  6949. capacity, increases its active capital,--in a word, capitalizes after
  6950. the manner of the proprietor of whom I have just spoken.
  6951. Now, when a governmental loan is once contracted, and the interest is
  6952. once stipulated, the budget cannot be reduced. For, to accomplish that,
  6953. either the capitalists must relinquish their interest, which would
  6954. involve an abandonment of property; or the government must go into
  6955. bankruptcy, which would be a fraudulent denial of the political
  6956. principle; or it must pay the debt, which would require another loan;
  6957. or it must reduce expenses, which is impossible, since the loan
  6958. was contracted for the sole reason that the ordinary receipts
  6959. were insufficient; or the money expended by the government must be
  6960. reproductive, which requires an increase of productive capacity,--a
  6961. condition excluded by our hypothesis; or, finally, the tax-payers must
  6962. submit to a new tax in order to pay the debt,--an impossible thing. For,
  6963. if this new tax were levied upon all citizens alike, half, or even more,
  6964. of the citizens would be unable to pay it; if the rich had to bear the
  6965. whole, it would be a forced contribution,--an invasion of property.
  6966. Long financial experience has shown that the method of loans, though
  6967. exceedingly dangerous, is much surer, more convenient, and less costly
  6968. than any other method; consequently the government borrows,--that is,
  6969. goes on capitalizing,--and increases the budget.
  6970. Then, a budget, instead of ever diminishing, must necessarily and
  6971. continually increase. It is astonishing that the economists, with all
  6972. their learning, have failed to perceive a fact so simple and so evident.
  6973. If they have perceived it, why have they neglected to condemn it?
  6974. HISTORICAL COMMENT.--Much interest is felt at present in a financial
  6975. operation which is expected to result in a reduction of the budget.
  6976. It is proposed to change the present rate of increase, five per cent.
  6977. Laying aside the politico-legal question to deal only with the financial
  6978. question,--is it not true that, when five per cent. is changed to four
  6979. per cent., it will then be necessary, for the same reasons, to change
  6980. four to three; then three to two, then two to one, and finally to sweep
  6981. away increase altogether? But that would be the advent of equality of
  6982. conditions and the abolition of property. Now it seems to me, that an
  6983. intelligent nation should voluntarily meet an inevitable revolution
  6984. half way, instead of suffering itself to be dragged after the car of
  6985. inflexible necessity.
  6986. EIGHTH PROPOSITION.
  6987. Property is impossible, because its power of Accumulation is infinite,
  6988. and is exercised only over finite quantities.
  6989. If men, living in equality, should grant to one of their number the
  6990. exclusive right of property; and this sole proprietor should lend one
  6991. hundred francs to the human race at compound interest, payable to his
  6992. descendants twenty-four generations hence,--at the end of six hundred
  6993. years this sum of one hundred francs, at five per cent., would amount to
  6994. 107,854,010,777,600 francs; two thousand six hundred and ninety-six
  6995. and one-third times the capital of France (supposing her capital to be
  6996. 40,000,000,000), or more than twenty times the value of the terrestrial
  6997. globe!
  6998. Suppose that a man, in the reign of St. Louis, had borrowed one hundred
  6999. francs, and had refused,--he and his heirs after him,--to return it.
  7000. Even though it were known that the said heirs were not the rightful
  7001. possessors, and that prescription had been interrupted always at the
  7002. right moment,--nevertheless, by our laws, the last heir would be obliged
  7003. to return the one hundred francs with interest, and interest on the
  7004. interest; which in all would amount, as we have seen, to nearly one
  7005. hundred and eight thousand billions.
  7006. Every day, fortunes are growing in our midst much more rapidly than
  7007. this. The preceding example supposed the interest equal to one-twentieth
  7008. of the capital,--it often equals one-tenth, one-fifth, one-half of the
  7009. capital; and sometimes the capital itself.
  7010. The Fourierists--irreconcilable enemies of equality, whose partisans
  7011. they regard as SHARKS--intend, by quadrupling production, to satisfy
  7012. all the demands of capital, labor, and skill. But, should production
  7013. be multiplied by four, ten, or even one hundred, property would
  7014. soon absorb, by its power of accumulation and the effects of its
  7015. capitalization, both products and capital, and the land, and even the
  7016. laborers. Is the phalanstery to be prohibited from capitalizing and
  7017. lending at interest? Let it explain, then, what it means by property.
  7018. I will carry these calculations no farther. They are capable of infinite
  7019. variation, upon which it would be puerile for me to insist. I only ask
  7020. by what standard judges, called upon to decide a suit for possession,
  7021. fix the interest? And, developing the question, I ask,--
  7022. Did the legislator, in introducing into the Republic the principle
  7023. of property, weigh all the consequences? Did he know the law of the
  7024. possible? If he knew it, why is it not in the Code? Why is so much
  7025. latitude allowed to the proprietor in accumulating property and
  7026. charging interest,--to the judge in recognizing and fixing the domain of
  7027. property,--to the State in its power to levy new taxes continually? At
  7028. what point is the nation justified in repudiating the budget, the tenant
  7029. his farm-rent, and the manufacturer the interest on his capital? How
  7030. far may the idler take advantage of the laborer? Where does the right
  7031. of spoliation begin, and where does it end? When may the producer say
  7032. to the proprietor, "I owe you nothing more"? When is property satisfied?
  7033. When must it cease to steal?
  7034. If the legislator did know the law of the possible, and disregarded it,
  7035. what must be thought of his justice? If he did not know it, what must
  7036. be thought of his wisdom? Either wicked or foolish, how can we recognize
  7037. his authority?
  7038. If our charters and our codes are based upon an absurd hypothesis,
  7039. what is taught in the law-schools? What does a judgment of the Court
  7040. of Appeal amount to? About what do our Chambers deliberate? What is
  7041. POLITICS? What is our definition of a STATESMAN? What is the meaning of
  7042. JURISPRUDENCE? Should we not rather say JURISIGNORANCE?
  7043. If all our institutions are based upon an error in calculation, does it
  7044. not follow that these institutions are so many shams? And if the entire
  7045. social structure is built upon this absolute impossibility of property,
  7046. is it not true that the government under which we live is a chimera, and
  7047. our present society a utopia?
  7048. NINTH PROPOSITION.
  7049. Property is impossible, because it is powerless against Property.
  7050. I. By the third corollary of our axiom, interest tells against the
  7051. proprietor as well as the stranger. This economical principle is
  7052. universally admitted. Nothing simpler at first blush; yet, nothing more
  7053. absurd, more contradictory in terms, or more absolutely impossible.
  7054. The manufacturer, it is said, pays himself the rent on his house and
  7055. capital. HE PAYS HIMSELF; that is, he gets paid by the public who buy
  7056. his products. For, suppose the manufacturer, who seems to make this
  7057. profit on his property, wishes also to make it on his merchandise, can
  7058. he then pay himself one franc for that which cost him ninety centimes,
  7059. and make money by the operation? No: such a transaction would transfer
  7060. the merchant's money from his right hand to his left, but without any
  7061. profit whatever.
  7062. Now, that which is true of a single individual trading with himself is
  7063. true also of the whole business world. Form a chain of ten, fifteen,
  7064. twenty producers; as many as you wish. If the producer A makes a
  7065. profit out of the producer B. B's loss must, according to economical
  7066. principles, be made up by C, C's by D; and so on through to Z.
  7067. But by whom will Z be paid for the loss caused him by the profit charged
  7068. by A in the beginning? BY THE CONSUMER, replies Say. Contemptible
  7069. equivocation! Is this consumer any other, then, than A, B. C, D, &c.,
  7070. or Z? By whom will Z be paid? If he is paid by A, no one makes a profit;
  7071. consequently, there is no property. If, on the contrary, Z bears the
  7072. burden himself, he ceases to be a member of society; since it refuses
  7073. him the right of property and profit, which it grants to the other
  7074. associates.
  7075. Since, then, a nation, like universal humanity, is a vast industrial
  7076. association which cannot act outside of itself, it is clear that no man
  7077. can enrich himself without impoverishing another. For, in order that the
  7078. right of property, the right of increase, may be respected in the
  7079. case of A, it must be denied to Z; thus we see how equality of rights,
  7080. separated from equality of conditions, may be a truth. The iniquity of
  7081. political economy in this respect is flagrant. "When I, a manufacturer,
  7082. purchase the labor of a workingman, I do not include his wages in the
  7083. net product of my business; on the contrary, I deduct them. But the
  7084. workingman includes them in his net product.... "(Say: Political
  7085. Economy.)
  7086. That means that all which the workingman gains is NET PRODUCT; but that
  7087. only that part of the manufacturer's gains is NET PRODUCT, which remains
  7088. after deducting his wages. But why is the right of profit confined to
  7089. the manufacturer? Why is this right, which is at bottom the right of
  7090. property itself, denied to the workingman? In the terms of economical
  7091. science, the workingman is capital. Now, all capital, beyond the cost
  7092. of its maintenance and repair, must bear interest. This the proprietor
  7093. takes care to get, both for his capital and for himself. Why is the
  7094. workingman prohibited from charging a like interest for his capital,
  7095. which is himself?
  7096. Property, then, is inequality of rights; for, if it were not inequality
  7097. of rights, it would be equality of goods,--in other words, it would not
  7098. exist. Now, the charter guarantees to all equality of rights. Then, by
  7099. the charter, property is impossible.
  7100. II. Is A, the proprietor of an estate, entitled by the fact of his
  7101. proprietorship to take possession of the field belonging to B. his
  7102. neighbor? "No," reply the proprietors; "but what has that to do with
  7103. the right of property?" That I shall show you by a series of similar
  7104. propositions.
  7105. Has C, a hatter, the right to force D, his neighbor and also a hatter,
  7106. to close his shop, and cease his business? Not the least in the world.
  7107. But C wishes to make a profit of one franc on every hat, while D is
  7108. content with fifty centimes. It is evident that D's moderation is
  7109. injurious to C's extravagant claims. Has the latter a right to prevent D
  7110. from selling? Certainly not.
  7111. Since D is at liberty to sell his hats fifty centimes cheaper than C if
  7112. he chooses, C in his turn is free to reduce his price one franc. Now, D
  7113. is poor, while C is rich; so that at the end of two or three years D is
  7114. ruined by this intolerable competition, and C has complete control of
  7115. the market. Can the proprietor D get any redress from the proprietor C?
  7116. Can he bring a suit against him to recover his business and property?
  7117. No; for D could have done the same thing, had he been the richer of the
  7118. two.
  7119. On the same ground, the large proprietor A may say to the small
  7120. proprietor B: "Sell me your field, otherwise you shall not sell your
  7121. wheat,"--and that without doing him the least wrong, or giving him
  7122. ground for complaint. So that A can devour B if he likes, for the very
  7123. reason that A is stronger than B. Consequently, it is not the right of
  7124. property which enables A and C to rob B and D, but the right of might.
  7125. By the right of property, neither the two neighbors A and B, nor the two
  7126. merchants C and D, could harm each other. They could neither dispossess
  7127. nor destroy one another, nor gain at one another's expense. The power of
  7128. invasion lies in superior strength.
  7129. But it is superior strength also which enables the manufacturer
  7130. to reduce the wages of his employees, and the rich merchant and
  7131. well-stocked proprietor to sell their products for what they please. The
  7132. manufacturer says to the laborer, "You are as free to go elsewhere
  7133. with your services as I am to receive them. I offer you so much." The
  7134. merchant says to the customer, "Take it or leave it; you are master of
  7135. your money, as I am of my goods. I want so much." Who will yield? The
  7136. weaker.
  7137. Therefore, without force, property is powerless against property, since
  7138. without force it has no power to increase; therefore, without force,
  7139. property is null and void.
  7140. HISTORICAL COMMENT.--The struggle between colonial and native sugars
  7141. furnishes us a striking example of this impossibility of property. Leave
  7142. these two industries to themselves, and the native manufacturer will
  7143. be ruined by the colonist. To maintain the beet-root, the cane must be
  7144. taxed: to protect the property of the one, it is necessary to injure the
  7145. property of the other. The most remarkable feature of this business is
  7146. precisely that to which the least attention is paid; namely, that, in
  7147. one way or another, property has to be violated. Impose on each industry
  7148. a proportional tax, so as to preserve a balance in the market, and you
  7149. create a MAXIMUM PRICE,--you attack property in two ways. On the one
  7150. hand, your tax interferes with the liberty of trade; on the other, it
  7151. does not recognize equality of proprietors. Indemnify the beet-root, you
  7152. violate the property of the tax-payer. Cultivate the two varieties of
  7153. sugar at the nation's expense, just as different varieties of tobacco
  7154. are cultivated,--you abolish one species of property. This last course
  7155. would be the simpler and better one; but, to induce the nations to adopt
  7156. it, requires such a co-operation of able minds and generous hearts as is
  7157. at present out of the question.
  7158. Competition, sometimes called liberty of trade,--in a word, property
  7159. in exchange,--will be for a long time the basis of our commercial
  7160. legislation; which, from the economical point of view, embraces all
  7161. civil laws and all government. Now, what is competition? A duel in a
  7162. closed field, where arms are the test of right.
  7163. "Who is the liar,--the accused or the accuser?" said our barbarous
  7164. ancestors. "Let them fight it out," replied the still more barbarous
  7165. judge; "the stronger is right."
  7166. Which of us two shall sell spices to our neighbor? "Let each offer them
  7167. for sale," cries the economist; "the sharper, or the more cunning, is
  7168. the more honest man, and the better merchant."
  7169. Such is the exact spirit of the Code Napoleon.
  7170. TENTH PROPOSITION.
  7171. Property is impossible, because it is the Negation of equality.
  7172. The development of this proposition will be the resume of the preceding
  7173. ones.
  7174. 1. It is a principle of economical justice, that PRODUCTS ARE BOUGHT
  7175. ONLY BY PRODUCTS. Property, being capable of defence only on the ground
  7176. that it produces utility, is, since it produces nothing, for ever
  7177. condemned.
  7178. 2. It is an economical law, that LABOR MUST BE BALANCED BY PRODUCT. It
  7179. is a fact that, with property, production costs more than it is worth.
  7180. 3. Another economical law: THE CAPITAL BEING GIVEN, PRODUCTION IS
  7181. MEASURED, NOT BY THE AMOUNT OF CAPITAL, BUT BY PRODUCTIVE CAPACITY.
  7182. Property, requiring income to be always proportional to capital without
  7183. regard to labor, does not recognize this relation of equality between
  7184. effect and cause.
  7185. 4 and 5. Like the insect which spins its silk, the laborer never
  7186. produces for himself alone. Property, demanding a double product and
  7187. unable to obtain it, robs the laborer, and kills him.
  7188. 6. Nature has given to every man but one mind, one heart, one will.
  7189. Property, granting to one individual a plurality of votes, supposes him
  7190. to have a plurality of minds.
  7191. 7. All consumption which is not reproductive of utility is destruction.
  7192. Property, whether it consumes or hoards or capitalizes, is productive of
  7193. INUTILITY,--the cause of sterility and death.
  7194. 8. The satisfaction of a natural right always gives rise to an equation;
  7195. in other words, the right to a thing is necessarily balanced by the
  7196. possession of the thing. Thus, between the right to liberty and the
  7197. condition of a free man there is a balance, an equation; between the
  7198. right to be a father and paternity, an equation; between the right to
  7199. security and the social guarantee, an equation. But between the right
  7200. of increase and the receipt of this increase there is never an equation;
  7201. for every new increase carries with it the right to another, the latter
  7202. to a third, and so on for ever. Property, never being able to accomplish
  7203. its object, is a right against Nature and against reason.
  7204. 9. Finally, property is not self-existent. An extraneous cause--either
  7205. FORCE or FRAUD--is necessary to its life and action. In other
  7206. words, property is not equal to property: it is a negation--a
  7207. delusion--NOTHING.
  7208. CHAPTER V. PSYCHOLOGICAL EXPOSITION OF THE IDEA OF JUSTICE
  7209. PSYCHOLOGICAL EXPOSITION OF THE IDEA OF JUSTICE AND
  7210. INJUSTICE, AND A DETERMINATION OF THE PRINCIPLE OF
  7211. GOVERNMENT AND OF RIGHT.
  7212. Property is impossible; equality does not exist. We hate the former, and
  7213. yet wish to possess it; the latter rules all our thoughts, yet we know
  7214. not how to reach it. Who will explain this profound antagonism between
  7215. our conscience and our will? Who will point out the causes of this
  7216. pernicious error, which has become the most sacred principle of justice
  7217. and society?
  7218. I am bold enough to undertake the task, and I hope to succeed.
  7219. But before explaining why man has violated justice, it is necessary to
  7220. determine what justice is.
  7221. PART FIRST.
  7222. % 1.--Of the Moral Sense in Man and the Animals.
  7223. The philosophers have endeavored often to locate the line which
  7224. separates man's intelligence from that of the brutes; and, according
  7225. to their general custom, they gave utterance to much foolishness before
  7226. resolving upon the only course possible for them to take,--observation.
  7227. It was reserved for an unpretending savant--who perhaps did not pride
  7228. himself on his philosophy--to put an end to the interminable controversy
  7229. by a simple distinction; but one of those luminous distinctions which
  7230. are worth more than systems. Frederic Cuvier separated INSTINCT from
  7231. INTELLIGENCE.
  7232. But, as yet, no one has proposed this question:--
  7233. IS THE DIFFERENCE BETWEEN MAN'S MORAL SENSE AND THAT OF THE BRUTE A
  7234. DIFFERENCE IN KIND OR ONLY IN DEGREE?
  7235. If, hitherto, any one had dared to maintain the latter alternative, his
  7236. arguments would have seemed scandalous, blasphemous, and offensive to
  7237. morality and religion. The ecclesiastical and secular tribunals would
  7238. have condemned him with one voice. And, mark the style in which they
  7239. would have branded the immoral paradox! "Conscience,"--they would have
  7240. cried,--"conscience, man's chief glory, was given to him exclusively;
  7241. the notion of justice and injustice, of merit and demerit, is his noble
  7242. privilege; to man, alone,--the lord of creation,--belongs the sublime
  7243. power to resist his worldly propensities, to choose between good and
  7244. evil, and to bring himself more and more into the resemblance of God
  7245. through liberty and justice.... No; the holy image of virtue was never
  7246. graven save on the heart of man." Words full of feeling, but void of
  7247. sense.
  7248. Man is a rational and social animal--{GREEK ' c g}--said Aristotle. This
  7249. definition is worth more than all which have been given since. I do not
  7250. except even M. de Bonald's celebrated definition,--MAN IS AN INTELLECT
  7251. SERVED BY ORGANS--a definition which has the double fault of explaining
  7252. the known by the unknown; that is, the living being by the intellect;
  7253. and of neglecting man's essential quality,--animality.
  7254. Man, then, is an animal living in society. Society means the sum total
  7255. of relationships; in short, system. Now, all systems exist only on
  7256. certain conditions. What, then, are the conditions, the LAWS, of human
  7257. society?
  7258. What are the RIGHTS of men with respect to each other; what is JUSTICE?
  7259. It amounts to nothing to say,--with the philosophers of various
  7260. schools,--"It is a divine instinct, an immortal and heavenly voice, a
  7261. guide given us by Nature, a light revealed unto every man on coming
  7262. into the world, a law engraved upon our hearts; it is the voice of
  7263. conscience, the dictum of reason, the inspiration of sentiment, the
  7264. penchant of feeling; it is the love of self in others; it is enlightened
  7265. self-interest; or else it is an innate idea, the imperative command of
  7266. applied reason, which has its source in the concepts of pure reason;
  7267. it is a passional attraction," &c., &c. This may be as true as it seems
  7268. beautiful; but it is utterly meaningless. Though we should prolong
  7269. this litany through ten pages (it has been filtered through a thousand
  7270. volumes), we should be no nearer to the solution of the question.
  7271. "Justice is public utility," says Aristotle. That is true, but it is a
  7272. tautology. "The principle that the public welfare ought to be the
  7273. object of the legislator"--says M. Ch. Comte in his "Treatise on
  7274. Legislation"--"cannot be overthrown. But legislation is advanced no
  7275. farther by its announcement and demonstration, than is medicine when it
  7276. is said that it is the business of physicians to cure the sick."
  7277. Let us take another course. RUGHT is the sum total of the principles
  7278. which govern society. Justice, in man, is the respect and observation of
  7279. those principles. To practise justice is to obey the social instinct;
  7280. to do an act of justice is to do a social act. If, then, we watch the
  7281. conduct of men towards each other under different circumstances, it
  7282. will be easy for us to distinguish between the presence and absence of
  7283. society; from the result we may inductively infer the law.
  7284. Let us commence with the simplest and least doubtful cases.
  7285. The mother, who protects her son at the peril of her life, and
  7286. sacrifices every thing to his support, is in society with him--she is a
  7287. good mother. She, on the contrary, who abandons her child, is unfaithful
  7288. to the social instinct,--maternal love being one of its many features;
  7289. she is an unnatural mother.
  7290. If I plunge into the water to rescue a drowning man, I am his brother,
  7291. his associate; if, instead of aiding him, I sink him, I am his enemy,
  7292. his murderer.
  7293. Whoever bestows alms treats the poor man as his associate; not
  7294. thoroughly, it is true, but only in respect to the amount which he
  7295. shares with him. Whoever takes by force or stratagem that which is
  7296. not the product of his labor, destroys his social character--he is a
  7297. brigand.
  7298. The Samaritan who relieves the traveller lying by the wayside, dresses
  7299. his wounds, comforts him, and supplies him with money, thereby declares
  7300. himself his associate--his neighbor; the priest, who passes by on the
  7301. other side, remains unassociated, and is his enemy.
  7302. In all these cases, man is moved by an internal attraction towards his
  7303. fellow, by a secret sympathy which causes him to love, congratulate,
  7304. and condole; so that, to resist this attraction, his will must struggle
  7305. against his nature.
  7306. But in these respects there is no decided difference between man and the
  7307. animals. With them, as long as the weakness of their young endears them
  7308. to their mothers,--in a word, associates them with their mothers,--the
  7309. latter protect the former, at the peril of their lives, with a courage
  7310. which reminds us of our heroes dying for their country. Certain species
  7311. unite for hunting purposes, seek each other, call each other (a poet
  7312. would say invite each other), to share their prey; in danger they
  7313. aid, protect, and warn each other. The elephant knows how to help his
  7314. companion out of the ditch into which the latter has fallen. Cows form
  7315. a circle, with their horns outward and their calves in the centre, in
  7316. order to repel the attacks of wolves. Horses and pigs, on hearing a cry
  7317. of distress from one of their number, rush to the spot whence it comes.
  7318. What descriptions I might give of their marriages, the tenderness of the
  7319. males towards the females, and the fidelity of their loves! Let us add,
  7320. however,--to be entirely just--that these touching demonstrations of
  7321. society, fraternity, and love of neighbor, do not prevent the animals
  7322. from quarrelling, fighting, and outrageously abusing one another while
  7323. gaining their livelihood and showing their gallantry; the resemblance
  7324. between them and ourselves is perfect.
  7325. The social instinct, in man and beast, exists to a greater or less
  7326. degree--its nature is the same. Man has the greater need of association,
  7327. and employs it more; the animal seems better able to endure isolation.
  7328. In man, social needs are more imperative and complex; in the beast, they
  7329. seem less intense, less diversified, less regretted. Society, in a
  7330. word, aims, in the case of man, at the preservation of the race and
  7331. the individual; with the animals, its object is more exclusively the
  7332. preservation of the race.
  7333. As yet, we have met with no claim which man can make for himself alone.
  7334. The social instinct and the moral sense he shares with the brutes; and
  7335. when he thinks to become god-like by a few acts of charity, justice,
  7336. and devotion, he does not perceive that in so acting he simply obeys an
  7337. instinct wholly animal in its nature. As we are good, loving, tender,
  7338. just, so we are passionate, greedy, lewd, and vindictive; that is, we
  7339. are like the beasts. Our highest virtues appear, in the last analysis,
  7340. as blind, impulsive instincts. What subjects for canonization and
  7341. apotheosis!
  7342. There is, however, a difference between us two-handed bipeds and other
  7343. living creatures--what is it?
  7344. A student of philosophy would hasten to reply: "This difference lies in
  7345. the fact that we are conscious of our social faculty, while the animals
  7346. are unconscious of theirs--in the fact that while we reflect and reason
  7347. upon the operation of our social instinct, the animals do nothing of the
  7348. kind."
  7349. I will go farther. It is by our reflective and reasoning powers,
  7350. with which we seem to be exclusively endowed, that we know that it is
  7351. injurious, first to others and then to ourselves, to resist the social
  7352. instinct which governs us, and which we call JUSTICE. It is our reason
  7353. which teaches us that the selfish man, the robber, the murderer--in a
  7354. word, the traitor to society--sins against Nature, and is guilty with
  7355. respect to others and himself, when he does wrong wilfully. Finally, it
  7356. is our social sentiment on the one hand, and our reason on the
  7357. other, which cause us to think that beings such as we should take the
  7358. responsibility of their acts. Such is the principle of remorse, revenge,
  7359. and penal justice.
  7360. But this proves only an intellectual diversity between the animals and
  7361. man, not at all an affectional one; for, although we reason upon our
  7362. relations with our fellows, we likewise reason upon our most trivial
  7363. actions,--such as drinking, eating, choosing a wife, or selecting a
  7364. dwelling-place. We reason upon things earthly and things heavenly; there
  7365. is nothing to which our reasoning powers are not applicable. Now,
  7366. just as the knowledge of external phenomena, which we acquire, has no
  7367. influence upon their causes and laws, so reflection, by illuminating our
  7368. instinct, enlightens us as to our sentient nature, but does not alter
  7369. its character; it tells us what our morality is, but neither changes nor
  7370. modifies it. Our dissatisfaction with ourselves after doing wrong,
  7371. the indignation which we feel at the sight of injustice, the idea of
  7372. deserved punishment and due remuneration, are effects of reflection, and
  7373. not immediate effects of instinct and emotion. Our appreciation (I do
  7374. not say exclusive appreciation, for the animals also realize that they
  7375. have done wrong, and are indignant when one of their number is attacked,
  7376. but), our infinitely superior appreciation of our social duties, our
  7377. knowledge of good and evil, does not establish, as regards morality, any
  7378. vital difference between man and the beasts.
  7379. % 2.--Of the first and second degrees of Sociability.
  7380. I insist upon the fact, which I have just pointed out, as one of the
  7381. most important facts of anthropology.
  7382. The sympathetic attraction, which causes us to associate, is, by reason
  7383. of its blind, unruly nature, always governed by temporary impulse,
  7384. without regard to higher rights, and without distinction of merit or
  7385. priority. The bastard dog follows indifferently all who call it; the
  7386. suckling child regards every man as its father and every woman as its
  7387. nurse; every living creature, when deprived of the society of animals
  7388. of its species, seeks companionship in its solitude. This fundamental
  7389. characteristic of the social instinct renders intolerable and even
  7390. hateful the friendship of frivolous persons, liable to be infatuated
  7391. with every new face, accommodating to all whether good or bad, and
  7392. ready to sacrifice, for a passing liaison, the oldest and most honorable
  7393. affections. The fault of such beings is not in the heart--it is in the
  7394. judgment. Sociability, in this degree, is a sort of magnetism awakened
  7395. in us by the contemplation of a being similar to ourselves, but which
  7396. never goes beyond the person who feels it; it may be reciprocated, but
  7397. not communicated. Love, benevolence, pity, sympathy, call it what you
  7398. will, there is nothing in it which deserves esteem,--nothing which lifts
  7399. man above the beast.
  7400. The second degree of sociability is justice, which may be defined as the
  7401. RECOGNITION OF THE EQUALITY BETWEEN ANOTHER'S PERSONALITY AND OUR OWN.
  7402. The sentiment of justice we share with the animals; we alone can form
  7403. an exact idea of it; but our idea, as has been said already, does not
  7404. change its nature. We shall soon see how man rises to a third degree
  7405. of sociability which the animals are incapable of reaching. But I must
  7406. first prove by metaphysics that SOCIETY, JUSTICE, and EQUALITY,
  7407. are three equivalent terms,--three expressions meaning the same
  7408. thing,--whose mutual conversion is always allowable.
  7409. If, amid the confusion of a shipwreck, having escaped in a boat with
  7410. some provisions, I see a man struggling with the waves, am I bound to
  7411. go to his assistance? Yes, I am bound under penalty of being adjudged
  7412. guilty of murder and treason against society.
  7413. But am I also bound to share with him my provisions?
  7414. To settle this question, we must change the phraseology. If society is
  7415. binding on the boat, is it also binding on the provisions? Undoubtedly.
  7416. The duty of an associate is absolute. Man's occupancy succeeds his
  7417. social nature, and is subordinate to it; possession can become exclusive
  7418. only when permission to occupy is granted to all alike. That which
  7419. in this instance obscures our duty is our power of foresight, which,
  7420. causing us to fear an eventual danger, impels us to usurpation, and
  7421. makes us robbers and murderers. Animals do not calculate the duty of
  7422. instinct any more than the disadvantages resulting to those who exercise
  7423. it; it would be strange if the intellect of man--the most sociable of
  7424. animals--should lead him to disobey the law.
  7425. He betrays society who attempts to use it only for his own advantage;
  7426. better that God should deprive us of prudence, if it is to serve as the
  7427. tool of our selfishness.
  7428. "What!" you will say, "must I share my bread, the bread which I have
  7429. earned and which belongs to me, with the stranger whom I do not know;
  7430. whom I may never see again, and who, perhaps, will reward me with
  7431. ingratitude? If we had earned this bread together, if this man had
  7432. done something to obtain it, he might demand his share, since his
  7433. co-operation would entitle him to it; but as it is, what claim has he on
  7434. me? We have not produced together--we shall not eat together."
  7435. The fallacy in this argument lies in the false supposition, that each
  7436. producer is not necessarily associated with every other producer.
  7437. When two or more individuals have regularly organized a society,--when
  7438. the contracts have been agreed upon, drafted, and signed,--there is
  7439. no difficulty about the future. Everybody knows that when two men
  7440. associate--for instance--in order to fish, if one of them catches no
  7441. fish, he is none the less entitled to those caught by his associate.
  7442. If two merchants form a partnership, while the partnership lasts, the
  7443. profits and losses are divided between them; since each produces, not
  7444. for himself, but for the society: when the time of distribution arrives,
  7445. it is not the producer who is considered, but the associate. That is why
  7446. the slave, to whom the planter gives straw and rice; and the civilized
  7447. laborer, to whom the capitalist pays a salary which is always too
  7448. small,--not being associated with their employers, although producing
  7449. with them,--are disregarded when the product is divided. Thus, the horse
  7450. who draws our coaches, and the ox who draws our carts produce with us,
  7451. but are not associated with us; we take their product, but do not share
  7452. it with them. The animals and laborers whom we employ hold the same
  7453. relation to us. Whatever we do for them, we do, not from a sense of
  7454. justice, but out of pure benevolence. [22]
  7455. But is it possible that we are not all associated? Let us call to mind
  7456. what was said in the last two chapters, That even though we do not want
  7457. to be associated, the force of things, the necessity of consumption, the
  7458. laws of production, and the mathematical principle of exchange combine
  7459. to associate us. There is but a single exception to this rule,--that
  7460. of the proprietor, who, producing by his right of increase, is not
  7461. associated with any one, and consequently is not obliged to share his
  7462. product with any one; just as no one else is bound to share with him.
  7463. With the exception of the proprietor, we labor for each other; we can
  7464. do nothing by ourselves unaided by others, and we continually exchange
  7465. products and services with each other. If these are not social acts,
  7466. what are they?
  7467. Now, neither a commercial, nor an industrial, nor an agricultural
  7468. association can be conceived of in the absence of equality; equality
  7469. is its sine qua non. So that, in all matters which concern this
  7470. association, to violate society is to violate justice and equality.
  7471. Apply this principle to humanity at large.
  7472. After what has been said, I assume that the reader has sufficient
  7473. insight to enable him to dispense with any aid of mine.
  7474. By this principle, the man who takes possession of a field, and says,
  7475. "This field is mine," will not be unjust so long as every one else has
  7476. an equal right of possession; nor will he be unjust, if, wishing to
  7477. change his location, he exchanges this field for an equivalent. But
  7478. if, putting another in his place, he says to him, "Work for me while
  7479. I rest," he then becomes unjust, unassociated, UNEQUAL. He is a
  7480. proprietor.
  7481. Reciprocally, the sluggard, or the rake, who, without performing
  7482. any social task, enjoys like others--and often more than others--the
  7483. products of society, should be proceeded against as a thief and a
  7484. parasite. We owe it to ourselves to give him nothing; but, since he must
  7485. live, to put him under supervision, and compel him to labor.
  7486. Sociability is the attraction felt by sentient beings for each other.
  7487. Justice is this same attraction, accompanied by thought and knowledge.
  7488. But under what general concept, in what category of the understanding,
  7489. is justice placed? In the category of equal quantities. Hence, the
  7490. ancient definition of justice--_Justum aequale est, injustum inaequale_.
  7491. What is it, then, to practise justice? It is to give equal wealth
  7492. to each, on condition of equal labor. It is to act socially. Our
  7493. selfishness may complain; there is no escape from evidence and
  7494. necessity.
  7495. What is the right of occupancy? It is a natural method of dividing the
  7496. earth, by reducing each laborer's share as fast as new laborers present
  7497. themselves. This right disappears if the public interest requires it;
  7498. which, being the social interest, is also that of the occupant.
  7499. What is the right of labor? It is the right to obtain one's share
  7500. of wealth by fulfilling the required conditions. It is the right of
  7501. society, the right of equality.
  7502. Justice, which is the product of the combination of an idea and an
  7503. instinct, manifests itself in man as soon as he is capable of feeling,
  7504. and of forming ideas. Consequently, it has been regarded as an
  7505. innate and original sentiment; but this opinion is logically and
  7506. chronologically false. But justice, by its composition hybrid--if I may
  7507. use the term,--justice, born of emotion and intellect combined, seems to
  7508. me one of the strongest proofs of the unity and simplicity of the
  7509. ego; the organism being no more capable of producing such a mixture by
  7510. itself, than are the combined senses of hearing and sight of forming a
  7511. binary sense, half auditory and half visual.
  7512. This double nature of justice gives us the definitive basis of all the
  7513. demonstrations in Chapters II., III., and IV. On the one hand, the idea
  7514. of JUSTICE being identical with that of society, and society necessarily
  7515. implying equality, equality must underlie all the sophisms invented in
  7516. defence of property; for, since property can be defended only as a just
  7517. and social institution, and property being inequality, in order to
  7518. prove that property is in harmony with society, it must be shown that
  7519. injustice is justice, and that inequality is equality,--a contradiction
  7520. in terms. On the other hand, since the idea of equality--the second
  7521. element of justice--has its source in the mathematical proportions of
  7522. things; and since property, or the unequal distribution of wealth among
  7523. laborers, destroys the necessary balance between labor, production, and
  7524. consumption,--property must be impossible.
  7525. All men, then, are associated; all are entitled to the same justice; all
  7526. are equal. Does it follow that the preferences of love and friendship
  7527. are unjust?
  7528. This requires explanation. I have already supposed the case of a man in
  7529. peril, I being in a position to help him. Now, I suppose myself appealed
  7530. to at the same time by two men exposed to danger.
  7531. Am I not allowed--am I not commanded even--to rush first to the aid of
  7532. him who is endeared to me by ties of blood, friendship, acquaintance,
  7533. or esteem, at the risk of leaving the other to perish? Yes. And why?
  7534. Because within universal society there exist for each of us as many
  7535. special societies as there are individuals; and we are bound, by the
  7536. principle of sociability itself, to fulfil the obligations which these
  7537. impose upon us, according to the intimacy of our relations with them.
  7538. Therefore we must give our father, mother, children, friends, relatives,
  7539. &c., the preference over all others. But in what consists this
  7540. preference?
  7541. A judge has a case to decide, in which one of the parties is his
  7542. friend, and the other his enemy. Should he, in this instance, prefer
  7543. his INTIMATE ASSOCIATE to his DISTANT ASSOCIATE; and decide the case in
  7544. favor of his friend, in spite of evidence to the contrary? No: for, if
  7545. he should favor his friend's injustice, he would become his accomplice
  7546. in his violation of the social compact; he would form with him a sort of
  7547. conspiracy against the social body. Preference should be shown only in
  7548. personal matters, such as love, esteem, confidence, or intimacy, when
  7549. all cannot be considered at once. Thus, in case of fire, a father
  7550. would save his own child before thinking of his neighbor's; but the
  7551. recognition of a right not being an optional matter with a judge, he is
  7552. not at liberty to favor one person to the detriment of another.
  7553. The theory of these special societies--which are formed concentrically,
  7554. so to speak, by each of us inside of the main body--gives the key to
  7555. all the problems which arise from the opposition and conflict of the
  7556. different varieties of social duty,--problems upon which the ancient
  7557. tragedies are based.
  7558. The justice practised among animals is, in a certain degree, negative.
  7559. With the exception of protecting their young, hunting and plundering
  7560. in troops, uniting for common defence and sometimes for individual
  7561. assistance, it consists more in prevention than in action. A sick animal
  7562. who cannot arise from the ground, or an imprudent one who has fallen
  7563. over a precipice, receives neither medicine nor nourishment. If he
  7564. cannot cure himself, nor relieve himself of his trouble, his life is in
  7565. danger: he will neither be cared for in bed, nor fed in a prison.
  7566. Their neglect of their fellows arises as much from the weakness of
  7567. their intellect as from their lack of resources. Still, the degrees
  7568. of intimacy common among men are not unknown to the animals. They
  7569. have friendships of habit and of choice; friendships neighborly, and
  7570. friendships parental. In comparison with us, they have feeble memories,
  7571. sluggish feelings, and are almost destitute of intelligence; but
  7572. the identity of these faculties is preserved to some extent, and our
  7573. superiority in this respect arises entirely from our understanding.
  7574. It is our strength of memory and penetration of judgment which enable us
  7575. to multiply and combine the acts which our social instinct impels us to
  7576. perform, and which teaches us how to render them more effective, and
  7577. how to distribute them justly. The beasts who live in society practise
  7578. justice, but are ignorant of its nature, and do not reason upon it; they
  7579. obey their instinct without thought or philosophy. They know not how to
  7580. unite the social sentiment with the idea of equality, which they do not
  7581. possess; this idea being an abstract one. We, on the contrary, starting
  7582. with the principle that society implies equality, can, by our reasoning
  7583. faculty, understand and agree with each other in settling our rights;
  7584. we have even used our judgment to a great extent. But in all this our
  7585. conscience plays a small part, as is proved by the fact that the idea
  7586. of RIGHT--of which we catch a glimpse in certain animals who approach
  7587. nearer than any others to our standard of intelligence--seems to grow,
  7588. from the low level at which it stands in savages, to the lofty height
  7589. which it reaches in a Plato or a Franklin. If we trace the development
  7590. of the moral sense in individuals, and the progress of laws in nations,
  7591. we shall be convinced that the ideas of justice and legislative
  7592. perfection are always proportional to intelligence. The notion of
  7593. justice--which has been regarded by some philosophers as simple--is
  7594. then, in reality, complex. It springs from the social instinct on the
  7595. one hand, and the idea of equality on the other; just as the notion of
  7596. guilt arises from the feeling that justice has been violated, and from
  7597. the idea of free-will.
  7598. In conclusion, instinct is not modified by acquaintance with its nature;
  7599. and the facts of society, which we have thus far observed, occur among
  7600. beasts as well as men. We know the meaning of justice; in other words,
  7601. of sociability viewed from the standpoint of equality. We have met with
  7602. nothing which separates us from the animals.
  7603. % 3.--Of the third degree of Sociability.
  7604. The reader, perhaps, has not forgotten what was said in the third
  7605. chapter concerning the division of labor and the speciality of talents.
  7606. The sum total of the talents and capacities of the race is always
  7607. the same, and their nature is always similar. We are all born poets,
  7608. mathematicians, philosophers, artists, artisans, or farmers, but we are
  7609. not born equally endowed; and between one man and another in society,
  7610. or between one faculty and another in the same individual, there is an
  7611. infinite difference. This difference of degree in the same faculties,
  7612. this predominance of talent in certain directions, is, we have said,
  7613. the very foundation of our society. Intelligence and natural genius have
  7614. been distributed by Nature so economically, and yet so liberally, that
  7615. in society there is no danger of either a surplus or a scarcity of
  7616. special talents; and that each laborer, by devoting himself to his
  7617. function, may always attain to the degree of proficiency necessary to
  7618. enable him to benefit by the labors and discoveries of his fellows.
  7619. Owing to this simple and wise precaution of Nature, the laborer is not
  7620. isolated by his task. He communicates with his fellows through the mind,
  7621. before he is united with them in heart; so that with him love is born of
  7622. intelligence.
  7623. It is not so with societies of animals. In every species, the aptitudes
  7624. of all the individuals--though very limited--are equal in number and
  7625. (when they are not the result of instinct) in intensity. Each one does
  7626. as well as all the others what all the others do; provides his food,
  7627. avoids the enemy, burrows in the earth, builds a nest, &c. No animal,
  7628. when free and healthy, expects or requires the aid of his neighbor; who,
  7629. in his turn, is equally independent.
  7630. Associated animals live side by side without any intellectual
  7631. intercourse or intimate communication,--all doing the same things,
  7632. having nothing to learn or to remember; they see, feel, and come in
  7633. contact with each other, but never penetrate each other. Man continually
  7634. exchanges with man ideas and feelings, products and services. Every
  7635. discovery and act in society is necessary to him. But of this immense
  7636. quantity of products and ideas, that which each one has to produce and
  7637. acquire for himself is but an atom in the sun. Man would not be man were
  7638. it not for society, and society is supported by the balance and harmony
  7639. of the powers which compose it.
  7640. Society, among the animals, is SIMPLE; with man it is COMPLEX. Man is
  7641. associated with man by the same instinct which associates animal with
  7642. animal; but man is associated differently from the animal, and it is
  7643. this difference in association which constitutes the difference in
  7644. morality.
  7645. I have proved,--at too great length, perhaps,--both by the spirit of
  7646. the laws which regard property as the basis of society, and by political
  7647. economy, that inequality of conditions is justified neither by priority
  7648. of occupation nor superiority of talent, service, industry, and
  7649. capacity. But, although equality of conditions is a necessary
  7650. consequence of natural right, of liberty, of the laws of production,
  7651. of the capacity of physical nature, and of the principle of society
  7652. itself,--it does not prevent the social sentiment from stepping over the
  7653. boundaries of DEBT and CREDIT. The fields of benevolence and love extend
  7654. far beyond; and when economy has adjusted its balance, the mind
  7655. begins to benefit by its own justice, and the heart expands in the
  7656. boundlessness of its affection.
  7657. The social sentiment then takes on a new character, which varies with
  7658. different persons. In the strong, it becomes the pleasure of generosity;
  7659. among equals, frank and cordial friendship; in the weak, the pleasure of
  7660. admiration and gratitude.
  7661. The man who is superior in strength, skill, or courage, knows that he
  7662. owes all that he is to society, without which he could not exist. He
  7663. knows that, in treating him precisely as it does the lowest of its
  7664. members, society discharges its whole duty towards him. But he does
  7665. not underrate his faculties; he is no less conscious of his power and
  7666. greatness; and it is this voluntary reverence which he pays to humanity,
  7667. this avowal that he is but an instrument of Nature,--who is alone worthy
  7668. of glory and worship,--it is, I say, this simultaneous confession of
  7669. the heart and the mind, this genuine adoration of the Great Being, that
  7670. distinguishes and elevates man, and lifts him to a degree of social
  7671. morality to which the beast is powerless to attain. Hercules destroying
  7672. the monsters and punishing brigands for the safety of Greece, Orpheus
  7673. teaching the rough and wild Pelasgians,--neither of them putting a price
  7674. upon their services,--there we see the noblest creations of poetry, the
  7675. loftiest expression of justice and virtue.
  7676. The joys of self-sacrifice are ineffable.
  7677. If I were to compare human society to the old Greek tragedies, I should
  7678. say that the phalanx of noble minds and lofty souls dances the strophe,
  7679. and the humble multitude the antistrophe. Burdened with painful and
  7680. disagreeable tasks, but rendered omnipotent by their number and the
  7681. harmonic arrangement of their functions, the latter execute what the
  7682. others plan. Guided by them, they owe them nothing; they honor them,
  7683. however, and lavish upon them praise and approbation.
  7684. Gratitude fills people with adoration and enthusiasm.
  7685. But equality delights my heart. Benevolence degenerates into tyranny,
  7686. and admiration into servility. Friendship is the daughter of equality.
  7687. O my friends! may I live in your midst without emulation, and without
  7688. glory; let equality bring us together, and fate assign us our places.
  7689. May I die without knowing to whom among you I owe the most esteem!
  7690. Friendship is precious to the hearts of the children of men.
  7691. Generosity, gratitude (I mean here only that gratitude which is born
  7692. of admiration of a superior power), and friendship are three distinct
  7693. shades of a single sentiment which I will call equite, or SOCIAL
  7694. PROPORTIONALITY. [23] Equite does not change justice: but, always taking
  7695. equite for the base, it superadds esteem, and thereby forms in man a
  7696. third degree of sociability. Equite makes it at once our duty and our
  7697. pleasure to aid the weak who have need of us, and to make them our
  7698. equals; to pay to the strong a just tribute of gratitude and honor,
  7699. without enslaving ourselves to them; to cherish our neighbors, friends,
  7700. and equals, for that which we receive from them, even by right of
  7701. exchange. Equite is sociability raised to its ideal by reason and
  7702. justice; its commonest manifestation is URBANITY or POLITENESS, which,
  7703. among certain nations, sums up in a single word nearly all the social
  7704. duties.
  7705. It is the just distribution of social sympathy and universal love.
  7706. Now, this feeling is unknown among the beasts, who love and cling to
  7707. each other, and show their preferences, but who cannot conceive of
  7708. esteem, and who are incapable of generosity, admiration, or politeness.
  7709. This feeling does not spring from intelligence, which calculates,
  7710. computes, and balances, but does not love; which sees, but does not
  7711. feel. As justice is the product of social instinct and reflection
  7712. combined, so equite is a product of justice and taste combined--that is,
  7713. of our powers of judging and of idealizing.
  7714. This product--the third and last degree of human sociability--is
  7715. determined by our complex mode of association; in which inequality,
  7716. or rather the divergence of faculties, and the speciality of
  7717. functions--tending of themselves to isolate laborers--demand a more
  7718. active sociability.
  7719. That is why the force which oppresses while protecting is execrable; why
  7720. the silly ignorance which views with the same eye the marvels of art,
  7721. and the products of the rudest industry, excites unutterable contempt;
  7722. why proud mediocrity, which glories in saying, "I have paid you--I owe
  7723. you nothing," is especially odious.
  7724. SOCIABILITY, JUSTICE, EQUITE--such, in its triplicity, is the exact
  7725. definition of the instinctive faculty which leads us into communication
  7726. with our fellows, and whose physical manifestation is expressed by the
  7727. formula: EQUALITY IN NATURAL WEALTH, AND THE PRODUCTS OF LABOR.
  7728. These three degrees of sociability support and imply each other.
  7729. Equite cannot exist without justice; society without justice is a
  7730. solecism. If, in order to reward talent, I take from one to give to
  7731. another, in unjustly stripping the first, I do not esteem his talent as
  7732. I ought; if, in society, I award more to myself than to my associate, we
  7733. are not really associated. Justice is sociability as manifested in the
  7734. division of material things, susceptible of weight and measure; equite
  7735. is justice accompanied by admiration and esteem,--things which cannot be
  7736. measured.
  7737. From this several inferences may be drawn.
  7738. 1. Though we are free to grant our esteem to one more than to another,
  7739. and in all possible degrees, yet we should give no one more than his
  7740. proportion of the common wealth; because the duty of justice, being
  7741. imposed upon us before that of equite, must always take precedence of
  7742. it. The woman honored by the ancients, who, when forced by a tyrant
  7743. to choose between the death of her brother and that of her husband,
  7744. sacrificed the latter on the ground that she could find another husband
  7745. but not another brother,--that woman, I say, in obeying her sense of
  7746. equite, failed in point of justice, and did a bad deed, because conjugal
  7747. association is a closer relation than fraternal association, and because
  7748. the life of our neighbor is not our property.
  7749. By the same principle, inequality of wages cannot be admitted by law on
  7750. the ground of inequality of talents; because the just distribution of
  7751. wealth is the function of economy,--not of enthusiasm.
  7752. Finally, as regards donations, wills, and inheritance, society, careful
  7753. both of the personal affections and its own rights, must never permit
  7754. love and partiality to destroy justice. And, though it is pleasant to
  7755. think that the son, who has been long associated with his father in
  7756. business, is more capable than any one else of carrying it on; and that
  7757. the citizen, who is surprised in the midst of his task by death, is
  7758. best fitted, in consequence of his natural taste for his occupation, to
  7759. designate his successor; and though the heir should be allowed the right
  7760. of choice in case of more than one inheritance,--nevertheless, society
  7761. can tolerate no concentration of capital and industry for the benefit of
  7762. a single man, no monopoly of labor, no encroachment. [24]
  7763. "Suppose that some spoils, taken from the enemy, and equal to twelve,
  7764. are to be divided between Achilles and Ajax. If the two persons were
  7765. equal, their respective shares would be arithmetically equal: Achilles
  7766. would have six, Ajax six. And if we should carry out this arithmetical
  7767. equality, Thersites would be entitled to as much as Achilles, which
  7768. would be unjust in the extreme. To avoid this injustice, the worth of
  7769. the persons should be estimated, and the spoils divided accordingly.
  7770. Suppose that the worth of Achilles is double that of Ajax: the former's
  7771. share is eight, the latter four. There is no arithmetical equality, but
  7772. a proportional equality. It is this comparison of merits, rationum,
  7773. that Aristotle calls distributive justice. It is a geometrical
  7774. proportion."--Toullier: French Law according to the Code.
  7775. Are Achilles and Ajax associated, or are they not? Settle that, and
  7776. you settle the whole question. If Achilles and Ajax, instead of being
  7777. associated, are themselves in the service of Agamemnon who pays them,
  7778. there is no objection to Aristotle's method. The slave-owner, who
  7779. controls his slaves, may give a double allowance of brandy to him who
  7780. does double work. That is the law of despotism; the right of slavery.
  7781. But if Achilles and Ajax are associated, they are equals. What matters
  7782. it that Achilles has a strength of four, while that of Ajax is only two?
  7783. The latter may always answer that he is free; that if Achilles has a
  7784. strength of four, five could kill him; finally, that in doing personal
  7785. service he incurs as great a risk as Achilles. The same argument applies
  7786. to Thersites. If he is unable to fight, let him be cook, purveyor, or
  7787. butler. If he is good for nothing, put him in the hospital. In no case
  7788. wrong him, or impose upon him laws.
  7789. Man must live in one of two states: either in society, or out of it.
  7790. In society, conditions are necessarily equal, except in the degree of
  7791. esteem and consideration which each one may receive. Out of society, man
  7792. is so much raw material, a capitalized tool, and often an incommodious
  7793. and useless piece of furniture.
  7794. 2. Equite, justice, and society, can exist only between individuals of
  7795. the same species. They form no part of the relations of different races
  7796. to each other,--for instance, of the wolf to the goat, of the goat to
  7797. man, of man to God, much less of God to man. The attribution of justice,
  7798. equity, and love to the Supreme Being is pure anthropomorphism; and the
  7799. adjectives just, merciful, pitiful, and the like, should be stricken
  7800. from our litanies. God can be regarded as just, equitable, and good,
  7801. only to another God. Now, God has no associate; consequently, he cannot
  7802. experience social affections,--such as goodness, equite, and justice.
  7803. Is the shepherd said to be just to his sheep and his dogs? No: and if he
  7804. saw fit to shear as much wool from a lamb six months old, as from a ram
  7805. of two years; or, if he required as much work from a young dog as from
  7806. an old one,--they would say, not that he was unjust, but that he was
  7807. foolish. Between man and beast there is no society, though there may be
  7808. affection. Man loves the animals as THINGS,--as SENTIENT THINGS, if you
  7809. will,--but not as PERSONS. Philosophy, after having eliminated from the
  7810. idea of God the passions ascribed to him by superstition, will then be
  7811. obliged to eliminate also the virtues which our liberal piety awards to
  7812. him. [25]
  7813. The rights of woman and her relations with man are yet to be determined
  7814. Matrimonial legislation, like civil legislation, is a matter for the
  7815. future to settle.
  7816. If God should come down to earth, and dwell among us, we could not love
  7817. him unless he became like us; nor give him any thing unless he produced
  7818. something; nor listen to him unless he proved us mistaken; nor worship
  7819. him unless he manifested his power. All the laws of our nature,
  7820. affectional, economical, and intellectual, would prevent us from
  7821. treating him as we treat our fellow-men,--that is, according to reason,
  7822. justice, and equite.
  7823. I infer from this that, if God should wish ever to put himself into
  7824. immediate communication with man, he would have to become a man.
  7825. Now, if kings are images of God, and executors of his will, they cannot
  7826. receive love, wealth, obedience, and glory from us, unless they consent
  7827. to labor and associate with us--produce as much as they consume, reason
  7828. with their subjects, and do wonderful things. Still more; if, as some
  7829. pretend, kings are public functionaries, the love which is due them is
  7830. measured by their personal amiability; our obligation to obey them, by
  7831. the wisdom of their commands; and their civil list, by the total social
  7832. production divided by the number of citizens.
  7833. Thus, jurisprudence, political economy, and psychology agree in
  7834. admitting the law of equality. Right and duty--the due reward of talent
  7835. and labor--the outbursts of love and enthusiasm,--all are regulated in
  7836. advance by an invariable standard; all depend upon number and balance.
  7837. Equality of conditions is the law of society, and universal solidarity
  7838. is the ratification of this law.
  7839. Equality of conditions has never been realized, thanks to our passions
  7840. and our ignorance; but our opposition to this law has made it all the
  7841. more a necessity. To that fact history bears perpetual testimony, and
  7842. the course of events reveals it to us. Society advances from equation to
  7843. equation. To the eyes of the economist, the revolutions of empires
  7844. seem now like the reduction of algebraical quantities, which are
  7845. inter-deducible; now like the discovery of unknown quantities, induced
  7846. by the inevitable influence of time. Figures are the providence of
  7847. history. Undoubtedly there are other elements in human progress; but in
  7848. the multitude of hidden causes which agitate nations, there is none more
  7849. powerful or constant, none less obscure, than the periodical explosions
  7850. of the proletariat against property. Property, acting by exclusion
  7851. and encroachment, while population was increasing, has been the
  7852. life-principle and definitive cause of all revolutions. Religious wars,
  7853. and wars of conquest, when they have stopped short of the extermination
  7854. of races, have been only accidental disturbances, soon repaired by the
  7855. mathematical progression of the life of nations. The downfall and death
  7856. of societies are due to the power of accumulation possessed by property.
  7857. In the middle ages, take Florence,--a republic of merchants and brokers,
  7858. always rent by its well-known factions, the Guelphs and Ghibellines, who
  7859. were, after all, only the people and the proprietors fighting against
  7860. each other,--Florence, ruled by bankers, and borne down at last by the
  7861. weight of her debts; [26] in ancient times, take Rome, preyed upon from
  7862. its birth by usury, flourishing, nevertheless, as long as the known
  7863. world furnished its terrible proletaires with LABOR stained with blood
  7864. by civil war at every interval of rest, and dying of exhaustion when
  7865. the people lost, together with their former energy, their last spark
  7866. of moral sense; Carthage, a commercial and financial city, continually
  7867. divided by internal competition; Tyre, Sidon, Jerusalem, Nineveh,
  7868. Babylon, ruined, in turn, by commercial rivalry and, as we now express
  7869. it, by panics in the market,--do not these famous examples show clearly
  7870. enough the fate which awaits modern nations, unless the people,
  7871. unless France, with a sudden burst of her powerful voice, proclaims in
  7872. thunder-tones the abolition of the regime of property?
  7873. Here my task should end. I have proved the right of the poor; I have
  7874. shown the usurpation of the rich. I demand justice; it is not my
  7875. business to execute the sentence. If it should be argued--in order to
  7876. prolong for a few years an illegitimate privilege--that it is not enough
  7877. to demonstrate equality, that it is necessary also to organize it, and
  7878. above all to establish it peacefully, I might reply: The welfare of the
  7879. oppressed is of more importance than official composure. Equality of
  7880. conditions is a natural law upon which public economy and jurisprudence
  7881. are based. The right to labor, and the principle of equal distribution
  7882. of wealth, cannot give way to the anxieties of power. It is not for the
  7883. proletaire to reconcile the contradictions of the codes, still less to
  7884. suffer for the errors of the government. On the contrary, it is the duty
  7885. of the civil and administrative power to reconstruct itself on the basis
  7886. of political equality. An evil, when known, should be condemned and
  7887. destroyed. The legislator cannot plead ignorance as an excuse for
  7888. upholding a glaring iniquity. Restitution should not be delayed.
  7889. Justice, justice! recognition of right! reinstatement of the
  7890. proletaire!--when these results are accomplished, then, judges and
  7891. consuls, you may attend to your police, and provide a government for the
  7892. Republic!
  7893. For the rest, I do not think that a single one of my readers accuses
  7894. me of knowing how to destroy, but of not knowing how to construct. In
  7895. demonstrating the principle of equality, I have laid the foundation of
  7896. the social structure I have done more. I have given an example of
  7897. the true method of solving political and legislative problems. Of the
  7898. science itself, I confess that I know nothing more than its principle;
  7899. and I know of no one at present who can boast of having penetrated
  7900. deeper. Many people cry, "Come to me, and I will teach you the truth!"
  7901. These people mistake for the truth their cherished opinion and ardent
  7902. conviction, which is usually any thing but the truth. The science of
  7903. society--like all human sciences--will be for ever incomplete. The depth
  7904. and variety of the questions which it embraces are infinite. We hardly
  7905. know the A B C of this science, as is proved by the fact that we have
  7906. not yet emerged from the period of systems, and have not ceased to
  7907. put the authority of the majority in the place of facts. A certain
  7908. philological society decided linguistic questions by a plurality
  7909. of votes. Our parliamentary debates--were their results less
  7910. pernicious--would be even more ridiculous. The task of the true
  7911. publicist, in the age in which we live, is to close the mouths of
  7912. quacks and charlatans, and to teach the public to demand demonstrations,
  7913. instead of being contented with symbols and programmes. Before talking
  7914. of the science itself, it is necessary to ascertain its object, and
  7915. discover its method and principle. The ground must be cleared of the
  7916. prejudices which encumber it. Such is the mission of the nineteenth
  7917. century.
  7918. For my part, I have sworn fidelity to my work of demolition, and I will
  7919. not cease to pursue the truth through the ruins and rubbish. I hate to
  7920. see a thing half done; and it will be believed without any assurance of
  7921. mine, that, having dared to raise my hand against the Holy Ark, I shall
  7922. not rest contented with the removal of the cover. The mysteries of the
  7923. sanctuary of iniquity must be unveiled, the tables of the old alliance
  7924. broken, and all the objects of the ancient faith thrown in a heap to the
  7925. swine. A charter has been given to us,--a resume of political science,
  7926. the monument of twenty legislatures. A code has been written,--the pride
  7927. of a conqueror, and the summary of ancient wisdom. Well! of this charter
  7928. and this code not one article shall be left standing upon another!
  7929. The time has come for the wise to choose their course, and prepare for
  7930. reconstruction.
  7931. But, since a destroyed error necessarily implies a counter-truth, I will
  7932. not finish this treatise without solving the first problem of political
  7933. science,--that which receives the attention of all minds.
  7934. WHEN PROPERTY IS ABOLISHED, WHAT WILL BE THE FORM OF SOCIETY! WILL IT BE
  7935. COMMUNISM?
  7936. PART SECOND.
  7937. % 1.--Of the Causes of our Mistakes. The Origin of Property.
  7938. The true form of human society cannot be determined until the following
  7939. question has been solved:--
  7940. Property not being our natural condition, how did it gain a foothold?
  7941. Why has the social instinct, so trustworthy among the animals, erred
  7942. in the case of man? Why is man, who was born for society, not yet
  7943. associated?
  7944. I have said that human society is COMPLEX in its nature. Though this
  7945. expression is inaccurate, the fact to which it refers is none the less
  7946. true; namely, the classification of talents and capacities. But who
  7947. does not see that these talents and capacities, owing to their infinite
  7948. variety, give rise to an infinite variety of wills, and that the
  7949. character, the inclinations, and--if I may venture to use the
  7950. expression--the form of the ego, are necessarily changed; so that in
  7951. the order of liberty, as in the order of intelligence, there are as
  7952. many types as individuals, as many characters as heads, whose tastes,
  7953. fancies, and propensities, being modified by dissimilar ideas,
  7954. must necessarily conflict? Man, by his nature and his instinct, is
  7955. predestined to society; but his personality, ever varying, is adverse to
  7956. it.
  7957. In societies of animals, all the members do exactly the same things.
  7958. The same genius directs them; the same will animates them. A society of
  7959. beasts is a collection of atoms, round, hooked, cubical, or triangular,
  7960. but always perfectly identical. These personalities do not vary, and we
  7961. might say that a single ego governs them all. The labors which animals
  7962. perform, whether alone or in society, are exact reproductions of their
  7963. character. Just as the swarm of bees is composed of individual bees,
  7964. alike in nature and equal in value, so the honeycomb is formed of
  7965. individual cells, constantly and invariably repeated.
  7966. But man's intelligence, fitted for his social destiny and his personal
  7967. needs, is of a very different composition, and therefore gives rise to
  7968. a wonderful variety of human wills. In the bee, the will is constant
  7969. and uniform, because the instinct which guides it is invariable, and
  7970. constitutes the animal's whole life and nature. In man, talent varies,
  7971. and the mind wavers; consequently, his will is multiform and vague. He
  7972. seeks society, but dislikes constraint and monotony; he is an imitator,
  7973. but fond of his own ideas, and passionately in love with his works.
  7974. If, like the bees, every man were born possessed of talent, perfect
  7975. knowledge of certain kinds, and, in a word, an innate acquaintance
  7976. with the functions he has to perform, but destitute of reflective and
  7977. reasoning faculties, society would organize itself. We should see one
  7978. man plowing a field, another building houses; this one forging metals,
  7979. that one cutting clothes; and still others storing the products, and
  7980. superintending their distribution. Each one, without inquiring as to the
  7981. object of his labor, and without troubling himself about the extent of
  7982. his task, would obey orders, bring his product, receive his salary, and
  7983. would then rest for a time; keeping meanwhile no accounts, envious of
  7984. nobody, and satisfied with the distributor, who never would be unjust to
  7985. any one. Kings would govern, but would not reign; for to reign is to be
  7986. a _proprietor a l'engrais_, as Bonaparte said: and having no commands
  7987. to give, since all would be at their posts, they would serve rather as
  7988. rallying centres than as authorities or counsellors. It would be a state
  7989. of ordered communism, but not a society entered into deliberately and
  7990. freely.
  7991. But man acquires skill only by observation and experiment. He reflects,
  7992. then, since to observe and experiment is to reflect; he reasons,
  7993. since he cannot help reasoning. In reflecting, he becomes deluded; in
  7994. reasoning, he makes mistakes, and, thinking himself right, persists in
  7995. them. He is wedded to his opinions; he esteems himself, and despises
  7996. others. Consequently, he isolates himself; for he could not submit
  7997. to the majority without renouncing his will and his reason,--that is,
  7998. without disowning himself, which is impossible. And this isolation, this
  7999. intellectual egotism, this individuality of opinion, lasts until the
  8000. truth is demonstrated to him by observation and experience. A final
  8001. illustration will make these facts still clearer.
  8002. If to the blind but convergent and harmonious instincts of a swarm
  8003. of bees should be suddenly added reflection and judgment, the little
  8004. society could not long exist. In the first place, the bees would not
  8005. fail to try some new industrial process; for instance, that of making
  8006. their cells round or square. All sorts of systems and inventions would
  8007. be tried, until long experience, aided by geometry, should show them
  8008. that the hexagonal shape is the best. Then insurrections would occur.
  8009. The drones would be told to provide for themselves, and the queens to
  8010. labor; jealousy would spread among the laborers; discords would burst
  8011. forth; soon each one would want to produce on his own account; and
  8012. finally the hive would be abandoned, and the bees would perish. Evil
  8013. would be introduced into the honey-producing republic by the power of
  8014. reflection,--the very faculty which ought to constitute its glory.
  8015. Thus, moral evil, or, in this case, disorder in society, is naturally
  8016. explained by our power of reflection. The mother of poverty, crime,
  8017. insurrection, and war was inequality of conditions; which was the
  8018. daughter of property, which was born of selfishness, which was
  8019. engendered by private opinion, which descended in a direct line from
  8020. the autocracy of reason. Man, in his infancy, is neither criminal
  8021. nor barbarous, but ignorant and inexperienced. Endowed with imperious
  8022. instincts which are under the control of his reasoning faculty, at first
  8023. he reflects but little, and reasons inaccurately; then, benefiting by
  8024. his mistakes, he rectifies his ideas, and perfects his reason. In the
  8025. first place, it is the savage sacrificing all his possessions for
  8026. a trinket, and then repenting and weeping; it is Esau selling his
  8027. birthright for a mess of pottage, and afterwards wishing to cancel
  8028. the bargain; it is the civilized workman laboring in insecurity, and
  8029. continually demanding that his wages be increased, neither he nor his
  8030. employer understanding that, in the absence of equality, any salary,
  8031. however large, is always insufficient. Then it is Naboth dying to defend
  8032. his inheritance; Cato tearing out his entrails that he might not be
  8033. enslaved; Socrates drinking the fatal cup in defence of liberty of
  8034. thought; it is the third estate of '89 reclaiming its liberty: soon it
  8035. will be the people demanding equality of wages and an equal division of
  8036. the means of production.
  8037. Man is born a social being,--that is, he seeks equality and justice in
  8038. all his relations, but he loves independence and praise. The difficulty
  8039. of satisfying these various desires at the same time is the primary
  8040. cause of the despotism of the will, and the appropriation which results
  8041. from it. On the other hand, man always needs a market for his products;
  8042. unable to compare values of different kinds, he is satisfied to judge
  8043. approximately, according to his passion and caprice; and he engages in
  8044. dishonest commerce, which always results in wealth and poverty. Thus,
  8045. the greatest evils which man suffers arise from the misuse of his social
  8046. nature, of this same justice of which he is so proud, and which he
  8047. applies with such deplorable ignorance.
  8048. The practice of justice is a science which, when once discovered
  8049. and diffused, will sooner or later put an end to social disorder, by
  8050. teaching us our rights and duties.
  8051. This progressive and painful education of our instinct, this slow
  8052. and imperceptible transformation of our spontaneous perceptions into
  8053. deliberate knowledge, does not take place among the animals, whose
  8054. instincts remain fixed, and never become enlightened.
  8055. "According to Frederic Cuvier, who has so clearly distinguished between
  8056. instinct and intelligence in animals, 'instinct is a natural and
  8057. inherent faculty, like feeling, irritability, or intelligence. The wolf
  8058. and the fox who recognize the traps in which they have been caught, and
  8059. who avoid them; the dog and the horse, who understand the meaning of
  8060. several of our words, and who obey us,--thereby show _intelligence_.
  8061. The dog who hides the remains of his dinner, the bee who constructs his
  8062. cell, the bird who builds his nest, act only from _instinct_. Even man
  8063. has instincts: it is a special instinct which leads the new-born
  8064. child to suck. But, in man, almost every thing is accomplished by
  8065. intelligence; and intelligence supplements instinct. The opposite is
  8066. true of animals: their instinct is given them as a supplement to their
  8067. intelligence.'"--Flourens: Analytical Summary of the Observations of F.
  8068. Cuvier.
  8069. "We can form a clear idea of instinct only by admitting that animals
  8070. have in their _sensorium_, images or innate and constant sensations,
  8071. which influence their actions in the same manner that ordinary and
  8072. accidental sensations commonly do. It is a sort of dream, or vision,
  8073. which always follows them and in all which relates to instinct they may
  8074. be regarded as somnambulists."--F. Cuvier: Introduction to the Animal
  8075. Kingdom.
  8076. Intelligence and instinct being common, then, though in different
  8077. degrees, to animals and man, what is the distinguishing characteristic
  8078. of the latter? According to F. Cuvier, it is REFLECTION OR THE POWER
  8079. OF INTELLECTUALLY CONSIDERING OUR OWN MODIFICATIONS BY A SURVEY OF
  8080. OURSELVES. This lacks clearness, and requires an explanation.
  8081. If we grant intelligence to animals, we must also grant them, in some
  8082. degree, reflection; for, the first cannot exist without the second, as
  8083. F. Cuvier himself has proved by numerous examples. But notice that the
  8084. learned observer defines the kind of reflection which distinguishes us
  8085. from the animals as the POWER OF CONSIDERING OUR OWN MODIFICATIONS. This
  8086. I shall endeavour to interpret, by developing to the best of my ability
  8087. the laconism of the philosophical naturalist.
  8088. The intelligence acquired by animals never modifies the operations which
  8089. they perform by instinct: it is given them only as a provision against
  8090. unexpected accidents which might disturb these operations. In man, on
  8091. the contrary, instinctive action is constantly changing into deliberate
  8092. action. Thus, man is social by instinct, and is every day becoming
  8093. social by reflection and choice. At first, he formed his words by
  8094. instinct;[1] he was a poet by inspiration: to-day, he makes grammar a
  8095. science, and poetry an art. His conception of God and a future life is
  8096. spontaneous and instinctive, and his expressions of this conception
  8097. have been, by turns, monstrous, eccentric, beautiful, comforting, and
  8098. terrible. All these different creeds, at which the frivolous irreligion
  8099. of the eighteenth century mocked, are modes of expression of the
  8100. religious sentiment. Some day, man will explain to himself the character
  8101. of the God whom he believes in, and the nature of that other world to
  8102. which his soul aspires.
  8103. [1] "The problem of the origin of language is solved by the distinction
  8104. made by Frederic Cuvier between instinct and intelligence. Language
  8105. is not a premeditated, arbitrary, or conventional device; nor is it
  8106. communicated or revealed to us by God. Language is an instinctive and
  8107. unpremeditated creation of man, as the hive is of the bee. In this
  8108. sense, it may be said that language is not the work of man, since it is
  8109. not the work of his mind. Further, the mechanism of language seems
  8110. more wonderful and ingenious when it is not regarded as the result of
  8111. reflection. This fact is one of the most curious and indisputable which
  8112. philology has observed. See, among other works, a Latin essay by F. G.
  8113. Bergmann (Strasbourg, 1839), in which the learned author explains how
  8114. the phonetic germ is born of sensation; how language passes through
  8115. three successive stages of development; why man, endowed at birth with
  8116. the instinctive faculty of creating a language, loses this faculty
  8117. as fast as his mind develops; and that the study of languages is real
  8118. natural history,--in fact, a science. France possesses to-day several
  8119. philologists of the first rank, endowed with rare talents and deep
  8120. philosophic insight,--modest savants developing a science almost without
  8121. the knowledge of the public; devoting themselves to studies which are
  8122. scornfully looked down upon, and seeming to shun applause as much as
  8123. others seek it."
  8124. All that he does from instinct man despises; or, if he admires it, it
  8125. is as Nature's work, not as his own. This explains the obscurity
  8126. which surrounds the names of early inventors; it explains also our
  8127. indifference to religious matters, and the ridicule heaped upon
  8128. religious customs. Man esteems only the products of reflection and of
  8129. reason. The most wonderful works of instinct are, in his eyes, only
  8130. lucky GOD-SENDS; he reserves the name DISCOVERY--I had almost said
  8131. creation--for the works of intelligence. Instinct is the source of
  8132. passion and enthusiasm; it is intelligence which causes crime and
  8133. virtue.
  8134. In developing his intelligence, man makes use of not only his own
  8135. observations, but also those of others. He keeps an account of his
  8136. experience, and preserves the record; so that the race, as well as
  8137. the individual, becomes more and more intelligent. The animals do not
  8138. transmit their knowledge; that which each individual accumulates dies
  8139. with him.
  8140. It is not enough, then, to say that we are distinguished from the
  8141. animals by reflection, unless we mean thereby the CONSTANT TENDENCY OF
  8142. OUR INSTINCT TO BECOME INTELLIGENCE. While man is governed by instinct,
  8143. he is unconscious of his acts. He never would deceive himself, and never
  8144. would be troubled by errors, evils, and disorder, if, like the animals,
  8145. instinct were his only guide. But the Creator has endowed us with
  8146. reflection, to the end that our instinct might become intelligence;
  8147. and since this reflection and resulting knowledge pass through various
  8148. stages, it happens that in the beginning our instinct is opposed, rather
  8149. than guided, by reflection; consequently, that our power of thought
  8150. leads us to act in opposition to our nature and our end; that, deceiving
  8151. ourselves, we do and suffer evil, until instinct which points us towards
  8152. good, and reflection which makes us stumble into evil, are replaced by
  8153. the science of good and evil, which invariably causes us to seek the one
  8154. and avoid the other.
  8155. Thus, evil--or error and its consequences--is the firstborn son of
  8156. the union of two opposing faculties, instinct and reflection; good,
  8157. or truth, must inevitably be the second child. Or, to again employ the
  8158. figure, evil is the product of incest between adverse powers; good will
  8159. sooner or later be the legitimate child of their holy and mysterious
  8160. union.
  8161. Property, born of the reasoning faculty, intrenches itself behind
  8162. comparisons. But, just as reflection and reason are subsequent to
  8163. spontaneity, observation to sensation, and experience to instinct, so
  8164. property is subsequent to communism. Communism--or association in a
  8165. simple form--is the necessary object and original aspiration of the
  8166. social nature, the spontaneous movement by which it manifests and
  8167. establishes itself. It is the first phase of human civilization. In this
  8168. state of society,--which the jurists have called NEGATIVE COMMUNISM--man
  8169. draws near to man, and shares with him the fruits of the field and the
  8170. milk and flesh of animals. Little by little this communism--negative
  8171. as long as man does not produce--tends to become positive and organic
  8172. through the development of labor and industry. But it is then that the
  8173. sovereignty of thought, and the terrible faculty of reasoning logically
  8174. or illogically, teach man that, if equality is the sine qua non of
  8175. society, communism is the first species of slavery. To express this idea
  8176. by an Hegelian formula, I will say:
  8177. Communism--the first expression of the social nature--is the first term
  8178. of social development,--the THESIS; property, the reverse of communism,
  8179. is the second term,--the ANTITHESIS. When we have discovered the third
  8180. term, the SYNTHESIS, we shall have the required solution. Now, this
  8181. synthesis necessarily results from the correction of the thesis by the
  8182. antithesis. Therefore it is necessary, by a final examination of their
  8183. characteristics, to eliminate those features which are hostile to
  8184. sociability. The union of the two remainders will give us the true form
  8185. of human association.
  8186. % 2.--Characteristics of Communism and of Property.
  8187. I. I ought not to conceal the fact that property and communism have been
  8188. considered always the only possible forms of society. This deplorable
  8189. error has been the life of property. The disadvantages of communism are
  8190. so obvious that its critics never have needed to employ much eloquence
  8191. to thoroughly disgust men with it. The irreparability of the injustice
  8192. which it causes, the violence which it does to attractions and
  8193. repulsions, the yoke of iron which it fastens upon the will, the moral
  8194. torture to which it subjects the conscience, the debilitating effect
  8195. which it has upon society; and, to sum it all up, the pious and
  8196. stupid uniformity which it enforces upon the free, active, reasoning,
  8197. unsubmissive personality of man, have shocked common sense, and
  8198. condemned communism by an irrevocable decree.
  8199. The authorities and examples cited in its favor disprove it. The
  8200. communistic republic of Plato involved slavery; that of Lycurgus
  8201. employed Helots, whose duty it was to produce for their masters, thus
  8202. enabling the latter to devote themselves exclusively to athletic sports
  8203. and to war. Even J. J. Rousseau--confounding communism and equality--has
  8204. said somewhere that, without slavery, he did not think equality of
  8205. conditions possible. The communities of the early Church did not last
  8206. the first century out, and soon degenerated into monasteries. In those
  8207. of the Jesuits of Paraguay, the condition of the blacks is said by all
  8208. travellers to be as miserable as that of slaves; and it is a fact that
  8209. the good Fathers were obliged to surround themselves with ditches and
  8210. walls to prevent their new converts from escaping. The followers
  8211. of Baboeuf--guided by a lofty horror of property rather than by any
  8212. definite belief--were ruined by exaggeration of their principles; the
  8213. St. Simonians, lumping communism and inequality, passed away like a
  8214. masquerade. The greatest danger to which society is exposed to-day is
  8215. that of another shipwreck on this rock.
  8216. Singularly enough, systematic communism--the deliberate negation of
  8217. property--is conceived under the direct influence of the proprietary
  8218. prejudice; and property is the basis of all communistic theories.
  8219. The members of a community, it is true, have no private property; but
  8220. the community is proprietor, and proprietor not only of the goods, but
  8221. of the persons and wills. In consequence of this principle of absolute
  8222. property, labor, which should be only a condition imposed upon man by
  8223. Nature, becomes in all communities a human commandment, and therefore
  8224. odious. Passive obedience, irreconcilable with a reflecting will, is
  8225. strictly enforced. Fidelity to regulations, which are always defective,
  8226. however wise they may be thought, allows of no complaint. Life, talent,
  8227. and all the human faculties are the property of the State, which has
  8228. the right to use them as it pleases for the common good. Private
  8229. associations are sternly prohibited, in spite of the likes and dislikes
  8230. of different natures, because to tolerate them would be to introduce
  8231. small communities within the large one, and consequently private
  8232. property; the strong work for the weak, although this ought to be left
  8233. to benevolence, and not enforced, advised, or enjoined; the industrious
  8234. work for the lazy, although this is unjust; the clever work for the
  8235. foolish, although this is absurd; and, finally, man--casting aside his
  8236. personality, his spontaneity, his genius, and his affections--humbly
  8237. annihilates himself at the feet of the majestic and inflexible Commune!
  8238. Communism is inequality, but not as property is. Property is the
  8239. exploitation of the weak by the strong. Communism is the exploitation
  8240. of the strong by the weak. In property, inequality of conditions is
  8241. the result of force, under whatever name it be disguised: physical and
  8242. mental force; force of events, chance, FORTUNE; force of accumulated
  8243. property, &c. In communism, inequality springs from placing mediocrity
  8244. on a level with excellence. This damaging equation is repellent to the
  8245. conscience, and causes merit to complain; for, although it may be
  8246. the duty of the strong to aid the weak, they prefer to do it out of
  8247. generosity,--they never will endure a comparison. Give them equal
  8248. opportunities of labor, and equal wages, but never allow their jealousy
  8249. to be awakened by mutual suspicion of unfaithfulness in the performance
  8250. of the common task.
  8251. Communism is oppression and slavery. Man is very willing to obey the
  8252. law of duty, serve his country, and oblige his friends; but he wishes to
  8253. labor when he pleases, where he pleases, and as much as he pleases. He
  8254. wishes to dispose of his own time, to be governed only by necessity, to
  8255. choose his friendships, his recreation, and his discipline; to act from
  8256. judgment, not by command; to sacrifice himself through selfishness, not
  8257. through servile obligation. Communism is essentially opposed to the
  8258. free exercise of our faculties, to our noblest desires, to our deepest
  8259. feelings. Any plan which could be devised for reconciling it with the
  8260. demands of the individual reason and will would end only in changing the
  8261. thing while preserving the name. Now, if we are honest truth-seekers, we
  8262. shall avoid disputes about words.
  8263. Thus, communism violates the sovereignty of the conscience, and
  8264. equality: the first, by restricting spontaneity of mind and heart,
  8265. and freedom of thought and action; the second, by placing labor and
  8266. laziness, skill and stupidity, and even vice and virtue on an equality
  8267. in point of comfort. For the rest, if property is impossible on account
  8268. of the desire to accumulate, communism would soon become so through the
  8269. desire to shirk.
  8270. II. Property, in its turn, violates equality by the rights of exclusion
  8271. and increase, and freedom by despotism. The former effect of property
  8272. having been sufficiently developed in the last three chapters, I will
  8273. content myself here with establishing by a final comparison, its perfect
  8274. identity with robbery.
  8275. The Latin words for robber are _fur_ and _latro;_ the former taken from
  8276. the Greek {GREEK m }, from {GREEK m }, Latin _fero_, I carry away; the
  8277. latter from {GREEK 'i }, I play the part of a brigand, which is derived
  8278. from {GREEK i }, Latin _lateo_, I conceal myself. The Greeks have also
  8279. {GREEK ncg }, from {GREEK ncg }, I filch, whose radical consonants are
  8280. the same as those of {GREEK ' cg }, I cover, I conceal. Thus, in these
  8281. languages, the idea of a robber is that of a man who conceals, carries
  8282. away, or diverts, in any manner whatever, a thing which does not belong
  8283. to him.
  8284. The Hebrews expressed the same idea by the word _gannab_,--robber,--from
  8285. the verb _ganab_, which means to put away, to turn aside: _lo thi-gnob
  8286. (Decalogue: Eighth Commandment_), thou shalt not steal,--that is, thou
  8287. shalt not hold back, thou shalt not put away any thing for thyself. That
  8288. is the act of a man who, on entering into a society into which he
  8289. agrees to bring all that he has, secretly reserves a portion, as did the
  8290. celebrated disciple Ananias.
  8291. The etymology of the French verb _voler_ is still more significant.
  8292. _Voler_, or _faire la vole_ (from the Latin _vola_, palm of the hand),
  8293. means to take all the tricks in a game of ombre; so that _le voleur_,
  8294. the robber, is the capitalist who takes all, who gets the lion's share.
  8295. Probably this verb _voler_ had its origin in the professional slang of
  8296. thieves, whence it has passed into common use, and, consequently into
  8297. the phraseology of the law.
  8298. Robbery is committed in a variety of ways, which have been very
  8299. cleverly distinguished and classified by legislators according to their
  8300. heinousness or merit, to the end that some robbers may be honored, while
  8301. others are punished.
  8302. We rob,--1. By murder on the highway; 2. Alone, or in a band; 3. By
  8303. breaking into buildings, or scaling walls; 4. By abstraction; 5. By
  8304. fraudulent bankruptcy; 6. By forgery of the handwriting of public
  8305. officials or private individuals; 7. By manufacture of counterfeit
  8306. money.
  8307. This species includes all robbers who practise their profession with no
  8308. other aid than force and open fraud. Bandits, brigands, pirates, rovers
  8309. by land and sea,--these names were gloried in by the ancient heroes, who
  8310. thought their profession as noble as it was lucrative. Nimrod, Theseus,
  8311. Jason and his Argonauts; Jephthah, David, Cacus, Romulus, Clovis and
  8312. all his Merovingian descendants; Robert Guiscard, Tancred de Hauteville,
  8313. Bohemond, and most of the Norman heroes,--were brigands and robbers. The
  8314. heroic character of the robber is expressed in this line from Horace, in
  8315. reference to Achilles,--
  8316. _"Jura neget sibi nata, nihil non arroget armis_," [27]
  8317. and by this sentence from the dying words of Jacob (Gen. xlviii.), which
  8318. the Jews apply to David, and the Christians to their Christ: _Manus ejus
  8319. contra omnes_. In our day, the robber--the warrior of the ancients--is
  8320. pursued with the utmost vigor. His profession, in the language of the
  8321. code, entails ignominious and corporal penalties, from imprisonment to
  8322. the scaffold. A sad change in opinions here below!
  8323. We rob,--8. By cheating; 9. By swindling; 10. By abuse of trust; 11. By
  8324. games and lotteries.
  8325. This second species was encouraged by the laws of Lycurgus, in order
  8326. to sharpen the wits of the young. It is the kind practised by Ulysses,
  8327. Solon, and Sinon; by the ancient and modern Jews, from Jacob down to
  8328. Deutz; and by the Bohemians, the Arabs, and all savage tribes. Under
  8329. Louis XIII. and Louis XIV., it was not considered dishonorable to cheat
  8330. at play. To do so was a part of the game; and many worthy people did not
  8331. scruple to correct the caprice of Fortune by dexterous jugglery.
  8332. To-day even, and in all countries, it is thought a mark of merit
  8333. among peasants, merchants, and shopkeepers to KNOW HOW TO MAKE A
  8334. BARGAIN,--that is, to deceive one's man. This is so universally
  8335. accepted, that the cheated party takes no offence. It is known with what
  8336. reluctance our government resolved upon the abolition of lotteries. It
  8337. felt that it was dealing a stab thereby at property. The pickpocket,
  8338. the blackleg, and the charlatan make especial use of their dexterity of
  8339. hand, their subtlety of mind, the magic power of their eloquence,
  8340. and their great fertility of invention. Sometimes they offer bait to
  8341. cupidity. Therefore the penal code--which much prefers intelligence
  8342. to muscular vigor--has made, of the four varieties mentioned above,
  8343. a second category, liable only to correctional, not to Ignominious,
  8344. punishments.
  8345. Let them now accuse the law of being materialistic and atheistic.
  8346. We rob,--12. By usury.
  8347. This species of robbery, so odious and so severely punished since the
  8348. publication of the Gospel, is the connecting link between forbidden and
  8349. authorized robbery. Owing to its ambiguous nature, it has given rise to
  8350. a multitude of contradictions in the laws and in morals,--contradictions
  8351. which have been very cleverly turned to account by lawyers, financiers,
  8352. and merchants. Thus the usurer, who lends on mortgage at ten, twelve,
  8353. and fifteen per cent., is heavily fined when detected; while the banker,
  8354. who receives the same interest (not, it is true, upon a loan, but in the
  8355. way of exchange or discount,--that is, of sale), is protected by royal
  8356. privilege. But the distinction between the banker and the usurer is
  8357. a purely nominal one. Like the usurer, who lends on property, real or
  8358. personal, the banker lends on business paper; like the usurer, he
  8359. takes his interest in advance; like the usurer, he can recover from
  8360. the borrower if the property is destroyed (that is, if the note is
  8361. not redeemed),--a circumstance which makes him a money-lender, not a
  8362. money-seller. But the banker lends for a short time only, while
  8363. the usurer's loan may be for one, two, three, or more years. Now, a
  8364. difference in the duration of the loan, or the form of the act, does not
  8365. alter the nature of the transaction. As for the capitalists who invest
  8366. their money, either with the State or in commercial operations, at
  8367. three, four, and five per cent.,--that is, who lend on usury at a
  8368. little lower rate than the bankers and usurers,--they are the flower of
  8369. society, the cream of honesty! Moderation in robbery is the height of
  8370. virtue! [28]
  8371. But what, then, is usury? Nothing is more amusing than to see these
  8372. INSTRUCTORS OF NATIONS hesitate between the authority of the Gospel,
  8373. which, they say, NEVER CAN HAVE SPOKEN IN VAIN, and the authority of
  8374. economical demonstrations. Nothing, to my mind, is more creditable
  8375. to the Gospel than this old infidelity of its pretended teachers.
  8376. Salmasius, having assimilated interest to rent, was REFUTED by Grotius,
  8377. Pufendorf, Burlamaqui, Wolf, and Heineccius; and, what is more curious
  8378. still, Salmasius ADMITTED HIS ERROR. Instead of inferring from this
  8379. doctrine of Salmasius that all increase is illegitimate, and proceeding
  8380. straight on to the demonstration of Gospel equality, they arrived at
  8381. just the opposite conclusion; namely, that since everybody acknowledges
  8382. that rent is permissible, if we allow that interest does not differ
  8383. from rent, there is nothing left which can be called usury, and,
  8384. consequently, that the commandment of Jesus Christ is an ILLUSION, and
  8385. amounts to NOTHING, which is an impious conclusion.
  8386. If this memoir had appeared in the time of Bossuet, that great
  8387. theologian would have PROVED by scripture, the fathers, traditions,
  8388. councils, and popes, that property exists by Divine right, while usury
  8389. is an invention of the devil; and the heretical work would have been
  8390. burned, and the author imprisoned.
  8391. We rob,--13. By farm-rent, house-rent, and leases of all kinds.
  8392. The author of the "Provincial Letters" entertained the honest Christians
  8393. of the seventeenth century at the expense of Escobar, the Jesuit,
  8394. and the contract Mohatra. "The contract Mohatra," said Escobar, "is a
  8395. contract by which goods are bought, at a high price and on credit, to
  8396. be again sold at the same moment to the same person, cash down, and at a
  8397. lower price." Escobar found a way to justify this kind of usury. Pascal
  8398. and all the Jansenists laughed at him. But what would the satirical
  8399. Pascal, the learned Nicole, and the invincible Arnaud have said, if
  8400. Father Antoine Escobar de Valladolid had answered them thus: "A lease
  8401. is a contract by which real estate is bought, at a high price and on
  8402. credit, to be again sold, at the expiration of a certain time, to the
  8403. same person, at a lower price; only, to simplify the transaction, the
  8404. buyer is content to pay the difference between the first sale and the
  8405. second. Either deny the identity of the lease and the contract Mohatra,
  8406. and then I will annihilate you in a moment; or, if you admit the
  8407. similarity, admit also the soundness of my doctrine: otherwise you
  8408. proscribe both interest and rent at one blow"?
  8409. In reply to this overwhelming argument of the Jesuit, the sire of
  8410. Montalte would have sounded the tocsin, and would have shouted
  8411. that society was in peril,--that the Jesuits were sapping its very
  8412. foundations.
  8413. We rob,--14. By commerce, when the profit of the merchant exceeds his
  8414. legitimate salary.
  8415. Everybody knows the definition of commerce--THE ART OF BUYING FOR THREE
  8416. FRANCS THAT WHICH IS WORTH SIX, AND OF SELLING FOR SIX THAT WHICH IS
  8417. WORTH THREE. Between commerce thus defined and _vol a l'americaine_,
  8418. the only difference is in the relative proportion of the values
  8419. exchanged,--in short, in the amount of the profit.
  8420. We rob,--15. By making profit on our product, by accepting sinecures,
  8421. and by exacting exorbitant wages.
  8422. The farmer, who sells a certain amount of corn to the consumer, and who
  8423. during the measurement thrusts his hand into the bushel and takes out a
  8424. handful of grains, robs; the professor, whose lectures are paid for by
  8425. the State, and who through the intervention of a bookseller sells them
  8426. to the public a second time, robs; the sinecurist, who receives an
  8427. enormous product in exchange for his vanity, robs; the functionary, the
  8428. laborer, whatever he may be, who produces only one and gets paid four,
  8429. one hundred, or one thousand, robs; the publisher of this book, and I,
  8430. its author,--we rob, by charging for it twice as much as it is worth.
  8431. In recapitulation:--
  8432. Justice, after passing through the state of negative communism, called
  8433. by the ancient poets the AGE OF GOLD, commences as the right of the
  8434. strongest. In a society which is trying to organize itself, inequality
  8435. of faculties calls up the idea of merit; equite suggests the plan of
  8436. proportioning not only esteem, but also material comforts, to personal
  8437. merit; and since the highest and almost the only merit then recognized
  8438. is physical strength, the strongest, {GREEK ' eg }, and consequently
  8439. the best, {GREEK ' eg }, is entitled to the largest share; and if it
  8440. is refused him, he very naturally takes it by force. From this to the
  8441. assumption of the right of property in all things, it is but one step.
  8442. Such was justice in the heroic age, preserved, at least by tradition,
  8443. among the Greeks and Romans down to the last days of their republics.
  8444. Plato, in the "Gorgias," introduces a character named Callicles, who
  8445. spiritedly defends the right of the strongest, which Socrates, the
  8446. advocate of equality, {GREEK g e }, seriously refutes. It is related
  8447. of the great Pompey, that he blushed easily, and, nevertheless, these
  8448. words once escaped his lips: "Why should I respect the laws, when I have
  8449. arms in my hand?" This shows him to have been a man in whom the moral
  8450. sense and ambition were struggling for the mastery, and who sought to
  8451. justify his violence by the motto of the hero and the brigand.
  8452. From the right of the strongest springs the exploitation of man by
  8453. man, or bondage; usury, or the tribute levied upon the conquered by the
  8454. conqueror; and the whole numerous family of taxes, duties, monarchical
  8455. prerogatives, house-rents, farm-rents, &c.; in one word,--property.
  8456. Force was followed by artifice, the second manifestation of justice,
  8457. which was detested by the ancient heroes, who, not excelling in that
  8458. direction, were heavy losers by it. Force was still employed, but mental
  8459. force instead of physical. Skill in deceiving an enemy by treacherous
  8460. propositions seemed deserving of reward; nevertheless, the strong always
  8461. prided themselves upon their honesty. In those days, oaths were observed
  8462. and promises kept according to the letter rather than the spirit: _Uti
  8463. lingua nuncupassit, ita jus esto_,--"As the tongue has spoken, so must
  8464. the right be," says the law of the Twelve Tables. Artifice, or rather
  8465. perfidy, was the main element in the politics of ancient Rome. Among
  8466. other examples, Vico cites the following, also quoted by Montesquieu:
  8467. The Romans had guaranteed to the Carthaginians the preservation of their
  8468. goods and their CITY,--intentionally using the word civitas, that is,
  8469. the society, the State; the Carthaginians, on the contrary, understood
  8470. them to mean the material city, urbs, and accordingly began to rebuild
  8471. their walls. They were immediately attacked on account of their
  8472. violation of the treaty, by the Romans, who, acting upon the old
  8473. heroic idea of right, did not imagine that, in taking advantage of an
  8474. equivocation to surprise their enemies, they were waging unjust war.
  8475. From artifice sprang the profits of manufactures, commerce, and banking,
  8476. mercantile frauds, and pretensions which are honored with the beautiful
  8477. names of TALENT and GENIUS, but which ought to be regarded as the last
  8478. degree of knavery and deception; and, finally, all sorts of social
  8479. inequalities.
  8480. In those forms of robbery which are prohibited by law, force and
  8481. artifice are employed alone and undisguised; in the authorized forms,
  8482. they conceal themselves within a useful product, which they use as a
  8483. tool to plunder their victim.
  8484. The direct use of violence and stratagem was early and universally
  8485. condemned; but no nation has yet got rid of that kind of robbery which
  8486. acts through talent, labor, and possession, and which is the source
  8487. of all the dilemmas of casuistry and the innumerable contradictions of
  8488. jurisprudence.
  8489. The right of force and the right of artifice--glorified by the
  8490. rhapsodists in the poems of the "Iliad" and the "Odyssey"--inspired the
  8491. legislation of the Greeks and Romans, from which they passed into our
  8492. morals and codes. Christianity has not changed at all. The Gospel should
  8493. not be blamed, because the priests, as stupid as the legists, have been
  8494. unable either to expound or to understand it. The ignorance of councils
  8495. and popes upon all questions of morality is equal to that of the
  8496. market-place and the money-changers; and it is this utter ignorance
  8497. of right, justice, and society, which is killing the Church, and
  8498. discrediting its teachings for ever. The infidelity of the Roman church
  8499. and other Christian churches is flagrant; all have disregarded the
  8500. precept of Jesus; all have erred in moral and doctrinal points; all
  8501. are guilty of teaching false and absurd dogmas, which lead straight to
  8502. wickedness and murder. Let it ask pardon of God and men,--this church
  8503. which called itself infallible, and which has grown so corrupt in
  8504. morals; let its reformed sisters humble themselves,... and the people,
  8505. undeceived, but still religious and merciful, will begin to think. [29]
  8506. One of the main causes of Ireland's poverty to-day is the immense
  8507. revenues of the English clergy. So heretics and orthodox--Protestants
  8508. and Papists--cannot reproach each other. All have strayed from the path
  8509. of justice; all have disobeyed the eighth commandment of the Decalogue:
  8510. "Thou shalt not steal."
  8511. The development of right has followed the same order, in its various
  8512. expressions, that property has in its forms. Every where we see justice
  8513. driving robbery before it and confining it within narrower and narrower
  8514. limits. Hitherto the victories of justice over injustice, and of
  8515. equality over inequality, have been won by instinct and the simple force
  8516. of things; but the final triumph of our social nature will be due to
  8517. our reason, or else we shall fall back into feudal chaos. Either this
  8518. glorious height is reserved for our intelligence, or this miserable
  8519. depth for our baseness.
  8520. The second effect of property is despotism. Now, since despotism
  8521. is inseparably connected with the idea of legitimate authority, in
  8522. explaining the natural causes of the first, the principle of the second
  8523. will appear.
  8524. What is to be the form of government in the future? hear some of my
  8525. younger readers reply: "Why, how can you ask such a question?
  8526. "You are a republican." "A republican! Yes; but that word specifies
  8527. nothing. _Res publica;_ that is, the public thing. Now, whoever
  8528. is interested in public affairs--no matter under what form
  8529. of government--may call himself a republican. Even kings are
  8530. republicans."--
  8531. "Well! you are a democrat?"--"No."--"What! you would have a
  8532. monarchy."--"No."--"A constitutionalist?"--"God forbid!"--"You are then
  8533. an aristocrat?"--"Not at all."--"You want a mixed government?"--"Still
  8534. less."--"What are you, then?"--"I am an anarchist."
  8535. "Oh! I understand you; you speak satirically. This is a hit at the
  8536. government."--"By no means. I have just given you my serious and
  8537. well-considered profession of faith. Although a firm friend of order, I
  8538. am (in the full force of the term) an anarchist. Listen to me."
  8539. In all species of sociable animals, "the weakness of the young is the
  8540. principle of their obedience to the old," who are strong; and from habit,
  8541. which is a kind of conscience with them, the power remains with the
  8542. oldest, although he finally becomes the weakest.
  8543. Whenever the society is under the control of a chief, this chief is
  8544. almost always the oldest of the troop. I say almost always, because
  8545. the established order may be disturbed by violent outbreaks. Then the
  8546. authority passes to another; and, having been re-established by force,
  8547. it is again maintained by habit. Wild horses go in herds: they have a
  8548. chief who marches at their head, whom they confidently follow, and who
  8549. gives the signal for flight or battle.
  8550. "The sheep which we have raised follows us, but it follows in company
  8551. with the flock in the midst of which it was born. It regards man AS THE
  8552. CHIEF OF ITS FLOCK.... Man is regarded by domestic animals as a member
  8553. of their society. All that he has to do is to get himself accepted by
  8554. them as an associate: he soon becomes their chief, in consequence of his
  8555. superior intelligence. He does not, then, change the NATURAL CONDITION
  8556. of these animals, as Buffon has said. On the contrary, he uses this
  8557. natural condition to his own advantage; in other words, he finds
  8558. SOCIABLE animals, and renders them DOMESTIC by becoming their associate
  8559. and chief. Thus, the DOMESTICITY of animals is only a special condition,
  8560. a simple modification, a definitive consequence of their SOCIABILITY.
  8561. All domestic animals are by nature sociable animals."...--Flourens:
  8562. Summary of the Observations of F. Cuvier.
  8563. Sociable animals follow their chief by INSTINCT; but take notice of the
  8564. fact (which F. Cuvier omitted to state), that the function of the chief
  8565. is altogether one of INTELLIGENCE. The chief does not teach the others
  8566. to associate, to unite under his lead, to reproduce their kind, to
  8567. take to flight, or to defend themselves. Concerning each of these
  8568. particulars, his subordinates are as well informed as he. But it is the
  8569. chief who, by his accumulated experience, provides against accidents; he
  8570. it is whose private intelligence supplements, in difficult situations,
  8571. the general instinct; he it is who deliberates, decides, and leads; he
  8572. it is, in short, whose enlightened prudence regulates the public routine
  8573. for the greatest good of all.
  8574. Man (naturally a sociable being) naturally follows a chief. Originally,
  8575. the chief is the father, the patriarch, the elder; in other words, the
  8576. good and wise man, whose functions, consequently, are exclusively of a
  8577. reflective and intellectual nature. The human race--like all other
  8578. races of sociable animals--has its instincts, its innate faculties, its
  8579. general ideas, and its categories of sentiment and reason. Its chiefs,
  8580. legislators, or kings have devised nothing, supposed nothing, imagined
  8581. nothing. They have only guided society by their accumulated experience,
  8582. always however in conformity with opinions and beliefs.
  8583. Those philosophers who (carrying into morals and into history their
  8584. gloomy and factious whims) affirm that the human race had originally
  8585. neither chiefs nor kings, know nothing of the nature of man. Royalty,
  8586. and absolute royalty, is--as truly and more truly than democracy--a
  8587. primitive form of government. Perceiving that, in the remotest ages,
  8588. crowns and kingships were worn by heroes, brigands, and knight-errants,
  8589. they confound the two things,--royalty and despotism. But royalty dates
  8590. from the creation of man; it existed in the age of negative communism.
  8591. Ancient heroism (and the despotism which it engendered) commenced only
  8592. with the first manifestation of the idea of justice; that is, with the
  8593. reign of force. As soon as the strongest, in the comparison of merits,
  8594. was decided to be the best, the oldest had to abandon his position, and
  8595. royalty became despotic.
  8596. The spontaneous, instinctive, and--so to speak--physiological origin of
  8597. royalty gives it, in the beginning, a superhuman character. The
  8598. nations connected it with the gods, from whom they said the first kings
  8599. descended. This notion was the origin of the divine genealogies of royal
  8600. families, the incarnations of gods, and the messianic fables. From it
  8601. sprang the doctrine of divine right, which is still championed by a few
  8602. singular characters.
  8603. Royalty was at first elective, because--at a time when man produced but
  8604. little and possessed nothing--property was too weak to establish the
  8605. principle of heredity, and secure to the son the throne of his father;
  8606. but as soon as fields were cleared, and cities built, each function
  8607. was, like every thing else, appropriated, and hereditary kingships and
  8608. priesthoods were the result. The principle of heredity was carried into
  8609. even the most ordinary professions,--a circumstance which led to class
  8610. distinctions, pride of station, and abjection of the common people, and
  8611. which confirms my assertion, concerning the principle of patrimonial
  8612. succession, that it is a method suggested by Nature of filling vacancies
  8613. in business, and completing unfinished tasks.
  8614. From time to time, ambition caused usurpers, or SUPPLANTERS of kings,
  8615. to start up; and, in consequence, some were called kings by right, or
  8616. legitimate kings, and others TYRANTS. But we must not let these names
  8617. deceive us. There have been execrable kings, and very tolerable tyrants.
  8618. Royalty may always be good, when it is the only possible form of
  8619. government; legitimate it is never. Neither heredity, nor election,
  8620. nor universal suffrage, nor the excellence of the sovereign, nor the
  8621. consecration of religion and of time, can make royalty legitimate.
  8622. Whatever form it takes,--monarchic, oligarchic, or democratic,--royalty,
  8623. or the government of man by man, is illegitimate and absurd.
  8624. Man, in order to procure as speedily as possible the most thorough
  8625. satisfaction of his wants, seeks RULE. In the beginning, this rule is
  8626. to him living, visible, and tangible. It is his father, his master, his
  8627. king. The more ignorant man is, the more obedient he is, and the more
  8628. absolute is his confidence in his guide. But, it being a law of man's
  8629. nature to conform to rule,--that is, to discover it by his powers of
  8630. reflection and reason,--man reasons upon the commands of his chiefs.
  8631. Now, such reasoning as that is a protest against authority,--a beginning
  8632. of disobedience. At the moment that man inquires into the motives which
  8633. govern the will of his sovereign,--at that moment man revolts. If
  8634. he obeys no longer because the king commands, but because the king
  8635. demonstrates the wisdom of his commands, it may be said that henceforth
  8636. he will recognize no authority, and that he has become his own king.
  8637. Unhappy he who shall dare to command him, and shall offer, as his
  8638. authority, only the vote of the majority; for, sooner or later, the
  8639. minority will become the majority, and this imprudent despot will be
  8640. overthrown, and all his laws annihilated.
  8641. In proportion as society becomes enlightened, royal authority
  8642. diminishes. That is a fact to which all history bears witness. At the
  8643. birth of nations, men reflect and reason in vain. Without methods,
  8644. without principles, not knowing how to use their reason, they cannot
  8645. judge of the justice of their conclusions. Then the authority of kings
  8646. is immense, no knowledge having been acquired with which to contradict
  8647. it. But, little by little, experience produces habits, which develop
  8648. into customs; then the customs are formulated in maxims, laid down as
  8649. principles,--in short, transformed into laws, to which the king, the
  8650. living law, has to bow. There comes a time when customs and laws are so
  8651. numerous that the will of the prince is, so to speak, entwined by the
  8652. public will; and that, on taking the crown, he is obliged to swear that
  8653. he will govern in conformity with established customs and usages; and
  8654. that he is but the executive power of a society whose laws are made
  8655. independently of him.
  8656. Up to this point, all is done instinctively, and, as it were,
  8657. unconsciously; but see where this movement must end.
  8658. By means of self-instruction and the acquisition of ideas, man finally
  8659. acquires the idea of SCIENCE,--that is, of a system of knowledge in
  8660. harmony with the reality of things, and inferred from observation.
  8661. He searches for the science, or the system, of inanimate bodies,--the
  8662. system of organic bodies, the system of the human mind, and the system
  8663. of the universe: why should he not also search for the system of
  8664. society? But, having reached this height, he comprehends that political
  8665. truth, or the science of politics, exists quite independently of
  8666. the will of sovereigns, the opinion of majorities, and popular
  8667. beliefs,--that kings, ministers, magistrates, and nations, as wills,
  8668. have no connection with the science, and are worthy of no consideration.
  8669. He comprehends, at the same time, that, if man is born a sociable being,
  8670. the authority of his father over him ceases on the day when, his mind
  8671. being formed and his education finished, he becomes the associate of his
  8672. father; that his true chief and his king is the demonstrated truth; that
  8673. politics is a science, not a stratagem; and that the function of the
  8674. legislator is reduced, in the last analysis, to the methodical search
  8675. for truth.
  8676. Thus, in a given society, the authority of man over man is inversely
  8677. proportional to the stage of intellectual development which that
  8678. society has reached; and the probable duration of that authority can
  8679. be calculated from the more or less general desire for a true
  8680. government,--that is, for a scientific government. And just as the right
  8681. of force and the right of artifice retreat before the steady advance
  8682. of justice, and must finally be extinguished in equality, so the
  8683. sovereignty of the will yields to the sovereignty of the reason, and
  8684. must at last be lost in scientific socialism. Property and royalty
  8685. have been crumbling to pieces ever since the world began. As man seeks
  8686. justice in equality, so society seeks order in anarchy.
  8687. ANARCHY,--the absence of a master, of a sovereign, [30]--such is the
  8688. form of government to which we are every day approximating, and which
  8689. our accustomed habit of taking man for our rule, and his will for law,
  8690. leads us to regard as the height of disorder and the expression of
  8691. chaos. The story is told, that a citizen of Paris in the seventeenth
  8692. century having heard it said that in Venice there was no king, the
  8693. good man could not recover from his astonishment, and nearly died from
  8694. laughter at the mere mention of so ridiculous a thing. So strong is our
  8695. prejudice. As long as we live, we want a chief or chiefs; and at this
  8696. very moment I hold in my hand a brochure, whose author--a zealous
  8697. communist--dreams, like a second Marat, of the dictatorship. The most
  8698. advanced among us are those who wish the greatest possible number of
  8699. sovereigns,--their most ardent wish is for the royalty of the National
  8700. Guard. Soon, undoubtedly, some one, jealous of the citizen militia, will
  8701. say, "Everybody is king." But, when he has spoken, I will say, in my
  8702. turn, "Nobody is king; we are, whether we will or no, associated."
  8703. Every question of domestic politics must be decided by departmental
  8704. statistics; every question of foreign politics is an affair of
  8705. international statistics. The science of government rightly belongs
  8706. to one of the sections of the Academy of Sciences, whose permanent
  8707. secretary is necessarily prime minister; and, since every citizen may
  8708. address a memoir to the Academy, every citizen is a legislator. But, as
  8709. the opinion of no one is of any value until its truth has been proven,
  8710. no one can substitute his will for reason,--nobody is king.
  8711. All questions of legislation and politics are matters of science, not of
  8712. opinion. The legislative power belongs only to the reason, methodically
  8713. recognized and demonstrated. To attribute to any power whatever the
  8714. right of veto or of sanction, is the last degree of tyranny. Justice
  8715. and legality are two things as independent of our approval as is
  8716. mathematical truth. To compel, they need only to be known; to be known,
  8717. they need only to be considered and studied. What, then, is the nation,
  8718. if it is not the sovereign,--if it is not the source of the legislative
  8719. power?
  8720. The nation is the guardian of the law--the nation is the EXECUTIVE
  8721. POWER. Every citizen may assert: "This is true; that is just;" but his
  8722. opinion controls no one but himself. That the truth which he proclaims
  8723. may become a law, it must be recognized. Now, what is it to recognize a
  8724. law? It is to verify a mathematical or a metaphysical calculation; it is
  8725. to repeat an experiment, to observe a phenomenon, to establish a fact.
  8726. Only the nation has the right to say, "Be it known and decreed."
  8727. I confess that this is an overturning of received ideas, and that I seem
  8728. to be attempting to revolutionize our political system; but I beg the
  8729. reader to consider that, having begun with a paradox, I must, if I
  8730. reason correctly, meet with paradoxes at every step, and must end with
  8731. paradoxes. For the rest, I do not see how the liberty of citizens would
  8732. be endangered by entrusting to their hands, instead of the pen of
  8733. the legislator, the sword of the law. The executive power, belonging
  8734. properly to the will, cannot be confided to too many proxies. That is
  8735. the true sovereignty of the nation. [31]
  8736. The proprietor, the robber, the hero, the sovereign--for all these
  8737. titles are synonymous--imposes his will as law, and suffers neither
  8738. contradiction nor control; that is, he pretends to be the legislative
  8739. and the executive power at once. Accordingly, the substitution of the
  8740. scientific and true law for the royal will is accomplished only by a
  8741. terrible struggle; and this constant substitution is, after property,
  8742. the most potent element in history, the most prolific source of
  8743. political disturbances. Examples are too numerous and too striking to
  8744. require enumeration.
  8745. Now, property necessarily engenders despotism,--the government of
  8746. caprice, the reign of libidinous pleasure. That is so clearly the
  8747. essence of property that, to be convinced of it, one need but remember
  8748. what it is, and observe what happens around him. Property is the right
  8749. to USE and ABUSE. If, then, government is economy,--if its object
  8750. is production and consumption, and the distribution of labor and
  8751. products,--how is government possible while property exists? And
  8752. if goods are property, why should not the proprietors be kings, and
  8753. despotic kings--kings in proportion to their _facultes bonitaires_? And
  8754. if each proprietor is sovereign lord within the sphere of his property,
  8755. absolute king throughout his own domain, how could a government of
  8756. proprietors be any thing but chaos and confusion?
  8757. % 3.--Determination of the third form of Society. Conclusion.
  8758. Then, no government, no public economy, no administration, is possible,
  8759. which is based upon property.
  8760. Communism seeks EQUALITY and LAW. Property, born of the sovereignty of
  8761. the reason, and the sense of personal merit, wishes above all things
  8762. INDEPENDENCE and PROPORTIONALITY.
  8763. But communism, mistaking uniformity for law, and levelism for
  8764. equality, becomes tyrannical and unjust. Property, by its despotism and
  8765. encroachments, soon proves itself oppressive and anti-social.
  8766. The objects of communism and property are good--their results are bad.
  8767. And why? Because both are exclusive, and each disregards two elements
  8768. of society. Communism rejects independence and proportionality; property
  8769. does not satisfy equality and law.
  8770. Now, if we imagine a society based upon these four
  8771. principles,--equality, law, independence, and proportionality,--we
  8772. find:--
  8773. 1. That EQUALITY, consisting only in EQUALITY OF CONDITIONS, that is, OF
  8774. MEANS, and not in EQUALITY OF COMFORT,--which it is the business of the
  8775. laborers to achieve for themselves, when provided with equal means,--in
  8776. no way violates justice and equite.
  8777. 2. That LAW, resulting from the knowledge of facts, and consequently
  8778. based upon necessity itself, never clashes with independence.
  8779. 3. That individual INDEPENDENCE, or the autonomy of the private reason,
  8780. originating in the difference in talents and capacities, can exist
  8781. without danger within the limits of the law.
  8782. 4. That PROPORTIONALITY, being admitted only in the sphere of
  8783. intelligence and sentiment, and not as regards material objects, may be
  8784. observed without violating justice or social equality.
  8785. This third form of society, the synthesis of communism and property, we
  8786. will call LIBERTY. [32]
  8787. In determining the nature of liberty, we do not unite communism and
  8788. property indiscriminately; such a process would be absurd eclecticism.
  8789. We search by analysis for those elements in each which are true, and
  8790. in harmony with the laws of Nature and society, disregarding the rest
  8791. altogether; and the result gives us an adequate expression of the
  8792. natural form of human society,--in one word, liberty.
  8793. Liberty is equality, because liberty exists only in society; and in the
  8794. absence of equality there is no society.
  8795. Liberty is anarchy, because it does not admit the government of the
  8796. will, but only the authority of the law; that is, of necessity.
  8797. Liberty is infinite variety, because it respects all wills within the
  8798. limits of the law.
  8799. Liberty is proportionality, because it allows the utmost latitude to the
  8800. ambition for merit, and the emulation of glory.
  8801. We can now say, in the words of M. Cousin: "Our principle is true; it is
  8802. good, it is social; let us not fear to push it to its ultimate."
  8803. Man's social nature becoming JUSTICE through reflection, EQUITE through
  8804. the classification of capacities, and having LIBERTY for its formula,
  8805. is the true basis of morality,--the principle and regulator of all our
  8806. actions. This is the universal motor, which philosophy is searching for,
  8807. which religion strengthens, which egotism supplants, and whose place
  8808. pure reason never can fill. DUTY and RIGHT are born of NEED, which, when
  8809. considered in connection with others, is a RIGHT, and when considered in
  8810. connection with ourselves, a DUTY.
  8811. We need to eat and sleep. It is our right to procure those things which
  8812. are necessary to rest and nourishment. It is our duty to use them when
  8813. Nature requires it.
  8814. We need to labor in order to live. To do so is both our right and our
  8815. duty.
  8816. We need to love our wives and children. It is our duty to protect and
  8817. support them. It is our right to be loved in preference to all others.
  8818. Conjugal fidelity is justice. Adultery is high treason against society.
  8819. We need to exchange our products for other products. It is our right
  8820. that this exchange should be one of equivalents; and since we consume
  8821. before we produce, it would be our duty, if we could control the matter,
  8822. to see to it that our last product shall follow our last consumption.
  8823. Suicide is fraudulent bankruptcy.
  8824. We need to live our lives according to the dictates of our reason. It
  8825. is our right to maintain our freedom. It is our duty to respect that of
  8826. others.
  8827. We need to be appreciated by our fellows. It is our duty to deserve
  8828. their praise. It is our right to be judged by our works.
  8829. Liberty is not opposed to the rights of succession and bequest. It
  8830. contents itself with preventing violations of equality. "Choose," it
  8831. tells us, "between two legacies, but do not take them both." All our
  8832. legislation concerning transmissions, entailments, adoptions, and, if I
  8833. may venture to use such a word, COADJUTORERIES, requires remodelling.
  8834. Liberty favors emulation, instead of destroying it. In social equality,
  8835. emulation consists in accomplishing under like conditions; it is its own
  8836. reward. No one suffers by the victory.
  8837. Liberty applauds self-sacrifice, and honors it with its votes, but it
  8838. can dispense with it. Justice alone suffices to maintain the social
  8839. equilibrium. Self-sacrifice is an act of supererogation. Happy, however,
  8840. the man who can say, "I sacrifice myself." [33]
  8841. Liberty is essentially an organizing force. To insure equality between
  8842. men and peace among nations, agriculture and industry, and the centres
  8843. of education, business, and storage, must be distributed according to
  8844. the climate and the geographical position of the country, the nature of
  8845. the products, the character and natural talents of the inhabitants, &c.,
  8846. in proportions so just, so wise, so harmonious, that in no place shall
  8847. there ever be either an excess or a lack of population, consumption, and
  8848. products. There commences the science of public and private right,
  8849. the true political economy. It is for the writers on jurisprudence,
  8850. henceforth unembarrassed by the false principle of property, to describe
  8851. the new laws, and bring peace upon earth. Knowledge and genius they do
  8852. not lack; the foundation is now laid for them. [34]
  8853. I have accomplished my task; property is conquered, never again to
  8854. arise. Wherever this work is read and discussed, there will be deposited
  8855. the germ of death to property; there, sooner or later, privilege and
  8856. servitude will disappear, and the despotism of will will give place to
  8857. the reign of reason. What sophisms, indeed, what prejudices
  8858. (however obstinate) can stand before the simplicity of the following
  8859. propositions:--
  8860. I. Individual POSSESSION [35] is the condition of social life; five
  8861. thousand years of property demonstrate it. PROPERTY is the suicide of
  8862. society. Possession is a right; property is against right. Suppress
  8863. property while maintaining possession, and, by this simple modification
  8864. of the principle, you will revolutionize law, government, economy, and
  8865. institutions; you will drive evil from the face of the earth.
  8866. II. All having an equal right of occupancy, possession varies with the
  8867. number of possessors; property cannot establish itself.
  8868. III. The effect of labor being the same for all, property is lost in the
  8869. common prosperity.
  8870. IV. All human labor being the result of collective force, all property
  8871. becomes, in consequence, collective and unitary. To speak more exactly,
  8872. labor destroys property.
  8873. V. Every capacity for labor being, like every instrument of labor, an
  8874. accumulated capital, and a collective property, inequality of wages
  8875. and fortunes (on the ground of inequality of capacities) is, therefore,
  8876. injustice and robbery.
  8877. VI. The necessary conditions of commerce are the liberty of the
  8878. contracting parties and the equivalence of the products exchanged.
  8879. Now, value being expressed by the amount of time and outlay which each
  8880. product costs, and liberty being inviolable, the wages of laborers (like
  8881. their rights and duties) should be equal.
  8882. VII. Products are bought only by products. Now, the condition of all
  8883. exchange being equivalence of products, profit is impossible and unjust.
  8884. Observe this elementary principle of economy, and pauperism, luxury,
  8885. oppression, vice, crime, and hunger will disappear from our midst.
  8886. VIII. Men are associated by the physical and mathematical law of
  8887. production, before they are voluntarily associated by choice. Therefore,
  8888. equality of conditions is demanded by justice; that is, by strict social
  8889. law: esteem, friendship, gratitude, admiration, all fall within the
  8890. domain of EQUITABLE or PROPORTIONAL law only.
  8891. IX. Free association, liberty--whose sole function is to maintain
  8892. equality in the means of production and equivalence in exchanges--is the
  8893. only possible, the only just, the only true form of society.
  8894. X. Politics is the science of liberty. The government of man by man
  8895. (under whatever name it be disguised) is oppression. Society finds its
  8896. highest perfection in the union of order with anarchy.
  8897. The old civilization has run its race; a new sun is rising, and will
  8898. soon renew the face of the earth. Let the present generation perish, let
  8899. the old prevaricators die in the desert! the holy earth shall not cover
  8900. their bones. Young man, exasperated by the corruption of the age, and
  8901. absorbed in your zeal for justice!--if your country is dear to you,
  8902. and if you have the interests of humanity at heart, have the courage to
  8903. espouse the cause of liberty! Cast off your old selfishness, and plunge
  8904. into the rising flood of popular equality! There your regenerate soul
  8905. will acquire new life and vigor; your enervated genius will recover
  8906. unconquerable energy; and your heart, perhaps already withered, will be
  8907. rejuvenated! Every thing will wear a different look to your illuminated
  8908. vision; new sentiments will engender new ideas within you; religion,
  8909. morality, poetry, art, language will appear before you in nobler and
  8910. fairer forms; and thenceforth, sure of your faith, and thoughtfully
  8911. enthusiastic, you will hail the dawn of universal regeneration!
  8912. And you, sad victims of an odious law!--you, whom a jesting world
  8913. despoils and outrages!--you, whose labor has always been fruitless,
  8914. and whose rest has been without hope,--take courage! your tears are
  8915. numbered! The fathers have sown in affliction, the children shall reap
  8916. in rejoicings!
  8917. O God of liberty! God of equality! Thou who didst place in my heart
  8918. the sentiment of justice, before my reason could comprehend it, hear
  8919. my ardent prayer! Thou hast dictated all that I have written; Thou hast
  8920. shaped my thought; Thou hast directed my studies; Thou hast weaned my
  8921. mind from curiosity and my heart from attachment, that I might publish
  8922. Thy truth to the master and the slave. I have spoken with what force and
  8923. talent Thou hast given me: it is Thine to finish the work. Thou knowest
  8924. whether I seek my welfare or Thy glory, O God of liberty! Ah! perish
  8925. my memory, and let humanity be free! Let me see from my obscurity
  8926. the people at last instructed; let noble teachers enlighten them; let
  8927. generous spirits guide them! Abridge, if possible, the time of our
  8928. trial; stifle pride and avarice in equality; annihilate this love of
  8929. glory which enslaves us; teach these poor children that in the bosom
  8930. of liberty there are neither heroes nor great men! Inspire the powerful
  8931. man, the rich man, him whose name my lips shall never pronounce in Thy
  8932. presence, with a horror of his crimes; let him be the first to apply for
  8933. admission to the redeemed society; let the promptness of his repentance
  8934. be the ground of his forgiveness! Then, great and small, wise and
  8935. foolish, rich and poor, will unite in an ineffable fraternity; and,
  8936. singing in unison a new hymn, will rebuild Thy altar, O God of liberty
  8937. and equality!
  8938. END OF FIRST MEMOIR.
  8939. WHAT IS PROPERTY? SECOND MEMOIR
  8940. A LETTER TO M. BLANQUI.
  8941. SECOND MEMOIR.
  8942. PARIS, April 1, 1841.
  8943. MONSIEUR,--
  8944. Before resuming my "Inquiries into Government and Property," it is
  8945. fitting, for the satisfaction of some worthy people, and also in the
  8946. interest of order, that I should make to you a plain, straightforward
  8947. explanation. In a much-governed State, no one would be allowed to
  8948. attack the external form of the society, and the groundwork of its
  8949. institutions, until he had established his right to do so,--first, by
  8950. his morality; second, by his capacity; and, third, by the purity of
  8951. his intentions. Any one who, wishing to publish a treatise upon the
  8952. constitution of the country, could not satisfy this threefold condition,
  8953. would be obliged to procure the endorsement of a responsible patron
  8954. possessing the requisite qualifications.
  8955. But we Frenchmen have the liberty of the press. This grand right--the
  8956. sword of thought, which elevates the virtuous citizen to the rank of
  8957. legislator, and makes the malicious citizen an agent of discord--frees
  8958. us from all preliminary responsibility to the law; but it does not
  8959. release us from our internal obligation to render a public account
  8960. of our sentiments and thoughts. I have used, in all its fulness, and
  8961. concerning an important question, the right which the charter grants
  8962. us. I come to-day, sir, to submit my conscience to your judgment, and my
  8963. feeble insight to your discriminating reason. You have criticised in a
  8964. kindly spirit--I had almost said with partiality for the writer--a work
  8965. which teaches a doctrine that you thought it your duty to condemn. "The
  8966. Academy of Moral and Political Sciences," said you in your report, "can
  8967. accept the conclusions of the author only as far as it likes." I venture
  8968. to hope, sir, that, after you have read this letter, if your prudence
  8969. still restrains you, your fairness will induce you to do me justice.
  8970. MEN, EQUAL IN THE DIGNITY OF THEIR PERSONS AND EQUAL BEFORE THE LAW,
  8971. SHOULD BE EQUAL IN THEIR CONDITIONS,--such is the thesis which I
  8972. maintained and developed in a memoir bearing the title, "What is
  8973. Property? or, An Inquiry into the Principle of Right and of Government."
  8974. The idea of social equality, even in individual fortunes, has in all
  8975. ages besieged, like a vague presentiment, the human imagination. Poets
  8976. have sung of it in their hymns; philosophers have dreamed of it in their
  8977. Utopias; priests teach it, but only for the spiritual world. The people,
  8978. governed by it, never have had faith in it; and the civil power is never
  8979. more disturbed than by the fables of the age of gold and the reign
  8980. of Astrea. A year ago, however, this idea received a scientific
  8981. demonstration, which has not yet been satisfactorily answered, and,
  8982. permit me to add, never will be. This demonstration, owing to its
  8983. slightly impassioned style, its method of reasoning,--which was so
  8984. at variance with that employed by the generally recognized
  8985. authorities,--and the importance and novelty of its conclusions, was of
  8986. a nature to cause some alarm; and might have been dangerous, had it not
  8987. been--as you, sir, so well said--a sealed letter, so far as the general
  8988. public was concerned, addressed only to men of intelligence. I was
  8989. glad to see that through its metaphysical dress you recognized the wise
  8990. foresight of the author; and I thank you for it. May God grant that my
  8991. intentions, which are wholly peaceful, may never be charged upon me as
  8992. treasonable!
  8993. Like a stone thrown into a mass of serpents, the First Memoir on
  8994. Property excited intense animosity, and aroused the passions of many.
  8995. But, while some wished the author and his work to be publicly denounced,
  8996. others found in them simply the solution of the fundamental problems of
  8997. society; a few even basing evil speculations upon the new light which
  8998. they had obtained. It was not to be expected that a system of inductions
  8999. abstractly gathered together, and still more abstractly expressed, would
  9000. be understood with equal accuracy in its ensemble and in each of its
  9001. parts.
  9002. To find the law of equality, no longer in charity and self-sacrifice
  9003. (which are not binding in their nature), but in justice; to base
  9004. equality of functions upon equality of persons; to determine the
  9005. absolute principle of exchange; to neutralize the inequality of
  9006. individual faculties by collective force; to establish an equation
  9007. between property and robbery; to change the law of succession without
  9008. destroying the principle; to maintain the human personality in a
  9009. system of absolute association, and to save liberty from the chains
  9010. of communism; to synthetize the monarchical and democratic forms of
  9011. government; to reverse the division of powers; to give the executive
  9012. power to the nation, and to make legislation a positive, fixed,
  9013. and absolute science,--what a series of paradoxes! what a string of
  9014. delusions! if I may not say, what a chain of truths! But it is not
  9015. my purpose here to pass upon the theory of the right of possession. I
  9016. discuss no dogmas. My only object is to justify my views, and to show
  9017. that, in writing as I did, I not only exercised a right, but performed a
  9018. duty.
  9019. Yes, I have attacked property, and shall attack it again; but, sir,
  9020. before demanding that I shall make the amende honorable for having
  9021. obeyed my conscience and spoken the exact truth, condescend, I beg of
  9022. you, to cast a glance at the events which are happening around us; look
  9023. at our deputies, our magistrates, our philosophers, our ministers, our
  9024. professors, and our publicists; examine their methods of dealing with
  9025. the matter of property; count up with me the restrictions placed upon
  9026. it every day in the name of the public welfare; measure the breaches
  9027. already made; estimate those which society thinks of making hereafter;
  9028. add the ideas concerning property held by all theories in common;
  9029. interrogate history, and then tell me what will be left, half a century
  9030. hence, of this old right of property; and, thus perceiving that I have
  9031. so many accomplices, you will immediately declare me innocent.
  9032. What is the law of expropriation on the ground of public utility, which
  9033. everybody favors, and which is even thought too lenient? [36]
  9034. A flagrant violation of the right of property. Society indemnifies,
  9035. it is said, the dispossessed proprietor; but does it return to him the
  9036. traditional associations, the poetic charm, and the family pride which
  9037. accompany property? Naboth, and the miller of Sans-Souci, would have
  9038. protested against French law, as they protested against the caprice of
  9039. their kings. "It is the field of our fathers," they would have cried,
  9040. "and we will not sell it!" Among the ancients, the refusal of the
  9041. individual limited the powers of the State. The Roman law bowed to
  9042. the will of the citizen, and an emperor--Commodus, if I remember
  9043. rightly--abandoned the project of enlarging the forum out of respect for
  9044. the rights of the occupants who refused to abdicate. Property is a
  9045. real right, _jus_ _in re_,--a right inherent in the thing, and whose
  9046. principle lies in the external manifestation of man's will. Man leaves
  9047. his imprint, stamps his character, upon the objects of his handiwork.
  9048. This plastic force of man, as the modern jurists say, is the seal which,
  9049. set upon matter, makes it holy. Whoever lays hands upon it, against the
  9050. proprietor's will, does violence to the latter's personality. And yet,
  9051. when an administrative committee saw fit to declare that public utility
  9052. required it, property had to give way to the general will. Soon, in
  9053. the name of public utility, methods of cultivation and conditions of
  9054. enjoyment will be prescribed; inspectors of agriculture and manufactures
  9055. will be appointed; property will be taken away from unskilful hands,
  9056. and entrusted to laborers who are more deserving of it; and a general
  9057. superintendence of production will be established. It is not two years
  9058. since I saw a proprietor destroy a forest more than five hundred acres
  9059. in extent. If public utility had interfered, that forest--the only one
  9060. for miles around--would still be standing.
  9061. But, it is said, expropriation on the ground of public utility is only
  9062. an exception which confirms the principle, and bears testimony in
  9063. favor of the right. Very well; but from this exception we will pass to
  9064. another, from that to a third, and so on from exceptions to exceptions,
  9065. until we have reduced the rule to a pure abstraction.
  9066. How many supporters do you think, sir, can be claimed for the project
  9067. of the conversion of the public funds? I venture to say that everybody
  9068. favors it, except the fund-holders. Now, this so-called conversion is
  9069. an extensive expropriation, and in this case with no indemnity whatever.
  9070. The public funds are so much real estate, the income from which the
  9071. proprietor counts upon with perfect safety, and which owes its value
  9072. to the tacit promise of the government to pay interest upon it at the
  9073. established rate, until the fund-holder applies for redemption. For,
  9074. if the income is liable to diminution, it is less profitable than
  9075. house-rent or farm-rent, whose rates may rise or fall according to the
  9076. fluctuations in the market; and in that case, what inducement has the
  9077. capitalist to invest his money in the State? When, then, you force the
  9078. fund-holder to submit to a diminution of interest, you make him bankrupt
  9079. to the extent of the diminution; and since, in consequence of the
  9080. conversion, an equally profitable investment becomes impossible, you
  9081. depreciate his property.
  9082. That such a measure may be justly executed, it must be generalized; that
  9083. is, the law which provides for it must decree also that interest on sums
  9084. lent on deposit or on mortgage throughout the realm, as well as house
  9085. and farm-rents, shall be reduced to three per cent. This simultaneous
  9086. reduction of all kinds of income would be not a whit more difficult to
  9087. accomplish than the proposed conversion; and, further, it would offer
  9088. the advantage of forestalling at one blow all objections to it, at the
  9089. same time that it would insure a just assessment of the land-tax. See!
  9090. If at the moment of conversion a piece of real estate yields an income
  9091. of one thousand francs, after the new law takes effect it will yield
  9092. only six hundred francs. Now, allowing the tax to be an aliquot
  9093. part--one-fourth for example--of the income derived from each piece of
  9094. property, it is clear on the one hand that the proprietor would not, in
  9095. order to lighten his share of the tax, underestimate the value of his
  9096. property; since, house and farm-rents being fixed by the value of the
  9097. capital, and the latter being measured by the tax, to depreciate his
  9098. real estate would be to reduce his revenue. On the other hand, it is
  9099. equally evident that the same proprietors could not overestimate the
  9100. value of their property, in order to increase their incomes beyond the
  9101. limits of the law, since the tenants and farmers, with their old leases
  9102. in their hands, would enter a protest.
  9103. Such, sir, must be the result sooner or later of the conversion which
  9104. has been so long demanded; otherwise, the financial operation of which
  9105. we are speaking would be a crying injustice, unless intended as a
  9106. stepping-stone. This last motive seems the most plausible one; for in
  9107. spite of the clamors of interested parties, and the flagrant violation
  9108. of certain rights, the public conscience is bound to fulfil its desire,
  9109. and is no more affected when charged with attacking property, than
  9110. when listening to the complaints of the bondholders. In this case,
  9111. instinctive justice belies legal justice.
  9112. Who has not heard of the inextricable confusion into which the Chamber
  9113. of Deputies was thrown last year, while discussing the question of
  9114. colonial and native sugars? Did they leave these two industries to
  9115. themselves? The native manufacturer was ruined by the colonist. To
  9116. maintain the beet-root, the cane had to be taxed. To protect the
  9117. property of the one, it became necessary to violate the property of the
  9118. other. The most remarkable feature of this business was precisely that
  9119. to which the least attention was paid; namely, that, in one way or
  9120. another, property had to be violated. Did they impose on each industry
  9121. a proportional tax, so as to preserve a balance in the market? They
  9122. created a maximum PRICE for each variety of sugar; and, as this maximum
  9123. PRICE was not the same, they attacked property in two ways,--on the one
  9124. hand, interfering with the liberty of trade; on the other, disregarding
  9125. the equality of proprietors. Did they suppress the beet-root by granting
  9126. an indemnity to the manufacturer? They sacrificed the property of the
  9127. tax-payer. Finally, did they prefer to cultivate the two varieties of
  9128. sugar at the nation's expense, just as different varieties of tobacco
  9129. are cultivated? They abolished, so far as the sugar industry was
  9130. concerned, the right of property. This last course, being the most
  9131. social, would have been certainly the best; but, if property is the
  9132. necessary basis of civilization, how is this deep-seated antagonism to
  9133. be explained? [37]
  9134. Not satisfied with the power of dispossessing a citizen on the ground
  9135. of public utility, they want also to dispossess him on the ground of
  9136. PRIVATE UTILITY. For a long time, a revision of the law concerning
  9137. mortgages was clamored for; a process was demanded, in behalf of all
  9138. kinds of credit and in the interest of even the debtors themselves,
  9139. which would render the expropriation of real estate as prompt, as easy,
  9140. and as effective as that which follows a commercial protest. The Chamber
  9141. of Deputies, in the early part of this year, 1841, discussed this
  9142. project, and the law was passed almost unanimously. There is nothing
  9143. more just, nothing more reasonable, nothing more philosophical
  9144. apparently, than the motives which gave rise to this reform.
  9145. I. Formerly, the small proprietor whose obligation had arrived at
  9146. maturity, and who found himself unable to meet it, had to employ all
  9147. that he had left, after being released from his debt, in defraying the
  9148. legal costs. Henceforth, the promptness of expropriation will save him
  9149. from total ruin. 2. The difficulties in the way of payment arrested
  9150. credit, and prevented the employment of capital in agricultural
  9151. enterprises. This cause of distrust no longer existing, capitalists will
  9152. find new markets, agriculture will rapidly develop, and farmers will
  9153. be the first to enjoy the benefit of the new law. 3. Finally, it was
  9154. iniquitous and absurd, that, on account of a protested note, a poor
  9155. manufacturer should see in twenty-four hours his business arrested, his
  9156. labor suspended, his merchandise seized, his machinery sold at auction,
  9157. and finally himself led off to prison, while two years were sometimes
  9158. necessary to expropriate the most miserable piece of real estate.
  9159. These arguments, and others besides, you clearly stated, sir, in your
  9160. first lectures of this academic year.
  9161. But, when stating these excellent arguments, did you ask yourself, sir,
  9162. whither would tend such a transformation of our system of mortgages?...
  9163. To monetize, if I may say so, landed property; to accumulate it within
  9164. portfolios; to separate the laborer from the soil, man from Nature; to
  9165. make him a wanderer over the face of the earth; to eradicate from
  9166. his heart every trace of family feeling, national pride, and love of
  9167. country; to isolate him more and more; to render him indifferent to
  9168. all around him; to concentrate his love upon one object,--money; and,
  9169. finally, by the dishonest practices of usury, to monopolize the land
  9170. to the profit of a financial aristocracy,--a worthy auxiliary of that
  9171. industrial feudality whose pernicious influence we begin to feel so
  9172. bitterly. Thus, little by little, the subordination of the laborer to
  9173. the idler, the restoration of abolished castes, and the distinction
  9174. between patrician and plebeian, would be effected; thus, thanks to the
  9175. new privileges granted to the property of the capitalists, that of the
  9176. small and intermediate proprietors would gradually disappear, and with
  9177. it the whole class of free and honest laborers. This certainly is not
  9178. my plan for the abolition of property. Far from mobilizing the soil, I
  9179. would, if possible, immobilize even the functions of pure intelligence,
  9180. so that society might be the fulfilment of the intentions of Nature,
  9181. who gave us our first possession, the land. For, if the instrument
  9182. or capital of production is the mark of the laborer, it is also his
  9183. pedestal, his support, his country, and, as the Psalmist says, THE PLACE
  9184. OF HIS ACTIVITY AND HIS REST. [38]
  9185. Let us examine more closely still the inevitable and approaching result
  9186. of the last law concerning judicial sales and mortgages. Under
  9187. the system of competition which is killing us, and whose necessary
  9188. expression is a plundering and tyrannical government, the farmer will
  9189. need always capital in order to repair his losses, and will be forced to
  9190. contract loans. Always depending upon the future for the payment of his
  9191. debts, he will be deceived in his hope, and surprised by maturity. For
  9192. what is there more prompt, more unexpected, more abbreviatory of space
  9193. and time, than the maturity of an obligation? I address this question
  9194. to all whom this pitiless Nemesis pursues, and even troubles in their
  9195. dreams. Now, under the new law, the expropriation of a debtor will be
  9196. effected a hundred times more rapidly; then, also, spoliation will be
  9197. a hundred times surer, and the free laborer will pass a hundred times
  9198. sooner from his present condition to that of a serf attached to the
  9199. soil. Formerly, the length of time required to effect the seizure
  9200. curbed the usurer's avidity, gave the borrower an opportunity to recover
  9201. himself, and gave rise to a transaction between him and his creditor
  9202. which might result finally in a complete release. Now, the debtor's
  9203. sentence is irrevocable: he has but a few days of grace.
  9204. And what advantages are promised by this law as an offset to this sword
  9205. of Damocles, suspended by a single hair over the head of the unfortunate
  9206. husbandman? The expenses of seizure will be much less, it is said; but
  9207. will the interest on the borrowed capital be less exorbitant? For, after
  9208. all, it is interest which impoverishes the peasant and leads to his
  9209. expropriation. That the law may be in harmony with its principle, that
  9210. it may be truly inspired by that spirit of justice for which it is
  9211. commended, it must--while facilitating expropriation--lower the legal
  9212. price of money. Otherwise, the reform concerning mortgages is but a trap
  9213. set for small proprietors,--a legislative trick.
  9214. Lower interest on money! But, as we have just seen, that is to limit
  9215. property. Here, sir, you shall make your own defence. More than once, in
  9216. your learned lectures, I have heard you deplore the precipitancy of the
  9217. Chambers, who, without previous study and without profound knowledge
  9218. of the subject, voted almost unanimously to maintain the statutes and
  9219. privileges of the Bank. Now these privileges, these statutes, this vote
  9220. of the Chambers, mean simply this,--that the market price of specie,
  9221. at five or six per cent., is not too high, and that the conditions
  9222. of exchange, discount, and circulation, which generally double this
  9223. interest, are none too severe. So the government thinks. M. Blanqui--a
  9224. professor of political economy, paid by the State--maintains the
  9225. contrary, and pretends to demonstrate, by decisive arguments, the
  9226. necessity of a reform. Who, then, best understands the interests of
  9227. property,--the State, or M. Blanqui?
  9228. If specie could be borrowed at half the present rate, the revenues from
  9229. all sorts of property would soon be reduced one-half also. For example:
  9230. when it costs less to build a house than to hire one, when it is cheaper
  9231. to clear a field than to procure one already cleared, competition
  9232. inevitably leads to a reduction of house and farm-rents, since the
  9233. surest way to depreciate active capital is to increase its amount. But
  9234. it is a law of political economy that an increase of production augments
  9235. the mass of available capital, consequently tends to raise wages, and
  9236. finally to annihilate interest. Then, proprietors are interested in
  9237. maintaining the statutes and privileges of the Bank; then, a reform in
  9238. this matter would compromise the right of increase; then, the peers and
  9239. deputies are better informed than Professor Blanqui.
  9240. But these same deputies,--so jealous of their privileges whenever
  9241. the equalizing effects of a reform are within their intellectual
  9242. horizon,--what did they do a few days before they passed the law
  9243. concerning judicial sales? They formed a conspiracy against property!
  9244. Their law to regulate the labor of children in factories will, without
  9245. doubt, prevent the manufacturer from compelling a child to labor more
  9246. than so many hours a day; but it will not force him to increase the pay
  9247. of the child, nor that of its father. To-day, in the interest of health,
  9248. we diminish the subsistence of the poor; to-morrow it will be necessary
  9249. to protect them by fixing their MINIMUM wages. But to fix their minimum
  9250. wages is to compel the proprietor, is to force the master to accept his
  9251. workman as an associate, which interferes with freedom and makes mutual
  9252. insurance obligatory. Once entered upon this path, we never shall
  9253. stop. Little by little the government will become manufacturer,
  9254. commission-merchant, and retail dealer.
  9255. It will be the sole proprietor. Why, at all epochs, have the ministers
  9256. of State been so reluctant to meddle with the question of wages?
  9257. Why have they always refused to interfere between the master and the
  9258. workman? Because they knew the touchy and jealous nature of property,
  9259. and, regarding it as the principle of all civilization, felt that to
  9260. meddle with it would be to unsettle the very foundations of society.
  9261. Sad condition of the proprietary regime,--one of inability to exercise
  9262. charity without violating justice! [39]
  9263. And, sir, this fatal consequence which necessity forces upon the State
  9264. is no mere imagination. Even now the legislative power is asked, no
  9265. longer simply to regulate the government of factories, but to create
  9266. factories itself. Listen to the millions of voices shouting on all hands
  9267. for THE ORGANISATION OF LABOR, THE CREATION OF NATIONAL WORKSHOPS!
  9268. The whole laboring class is agitated: it has its journals, organs,
  9269. and representatives. To guarantee labor to the workingman, to balance
  9270. production with sale, to harmonize industrial proprietors, it advocates
  9271. to-day--as a sovereign remedy--one sole head, one national wardenship,
  9272. one huge manufacturing company. For, sir, all this is included in the
  9273. idea of national workshops. On this subject I wish to quote, as proof,
  9274. the views of an illustrious economist, a brilliant mind, a progressive
  9275. intellect, an enthusiastic soul, a true patriot, and yet an official
  9276. defender of the right of property. [40]
  9277. The honorable professor of the Conservatory proposes then,--
  9278. 1. TO CHECK THE CONTINUAL EMIGRATION OF LABORERS FROM THE COUNTRY INTO
  9279. THE CITIES.
  9280. But, to keep the peasant in his village, his residence there must be
  9281. made endurable: to be just to all, the proletaire of the country must be
  9282. treated as well as the proletaire of the city. Reform is needed, then,
  9283. on farms as well as in factories; and, when the government enters the
  9284. workshop, the government must seize the plough! What becomes, during
  9285. this progressive invasion, of independent cultivation, exclusive domain,
  9286. property?
  9287. 2. TO FIX FOR EACH PROFESSION A MODERATE SALARY, VARYING WITH TIME AND
  9288. PLACE AND BASED UPON CERTAIN DATA.
  9289. The object of this measure would be to secure to laborers their
  9290. subsistence, and to proprietors their profits, while obliging the latter
  9291. to sacrifice from motives of prudence, if for no other reason, a portion
  9292. of their income. Now, I say, that this portion, in the long run, would
  9293. swell until at last there would be an equality of enjoyment between the
  9294. proletaire and the proprietor. For, as we have had occasion to remark
  9295. several times already, the interest of the capitalist--in other words
  9296. the increase of the idler--tends, on account of the power of labor, the
  9297. multiplication of products and exchanges, to continually diminish, and,
  9298. by constant reduction, to disappear. So that, in the society proposed
  9299. by M. Blanqui, equality would not be realized at first, but would exist
  9300. potentially; since property, though outwardly seeming to be industrial
  9301. feudality, being no longer a principle of exclusion and encroachment,
  9302. but only a privilege of division, would not be slow, thanks to the
  9303. intellectual and political emancipation of the proletariat, in passing
  9304. into absolute equality,--as absolute at least as any thing can be on
  9305. this earth.
  9306. I omit, for the sake of brevity, the numerous considerations which
  9307. the professor adduces in support of what he calls, too modestly in my
  9308. opinion, his Utopia. They would serve only to prove beyond all question
  9309. that, of all the charlatans of radicalism who fatigue the public ear,
  9310. no one approaches, for depth and clearness of thought, the audacious M.
  9311. Blanqui.
  9312. 3. NATIONAL WORKSHOPS SHOULD BE IN OPERATION ONLY DURING PERIODS OF
  9313. STAGNATION IN ORDINARY INDUSTRIES; AT SUCH TIMES THEY SHOULD BE OPENED
  9314. AS VAST OUTLETS TO THE FLOOD OF THE LABORING POPULATION.
  9315. But, sir, the stoppage of private industry is the result of
  9316. over-production, and insufficient markets. If, then, production
  9317. continues in the national workshops, how will the crisis be terminated?
  9318. Undoubtedly, by the general depreciation of merchandise, and, in the
  9319. last analysis, by the conversion of private workshops into national
  9320. workshops. On the other hand, the government will need capital with
  9321. which to pay its workmen; now, how will this capital be obtained? By
  9322. taxation. And upon what will the tax be levied? Upon property. Then you
  9323. will have proprietary industry sustaining against itself, and at its own
  9324. expense, another industry with which it cannot compete. What, think you,
  9325. will become, in this fatal circle, of the possibility of profit,--in a
  9326. word, of property?
  9327. Thank Heaven! equality of conditions is taught in the public schools;
  9328. let us fear revolutions no longer. The most implacable enemy of property
  9329. could not, if he wished to destroy it, go to work in a wiser and more
  9330. effective way. Courage, then, ministers, deputies, economists! make
  9331. haste to seize this glorious initiative; let the watchwords of equality,
  9332. uttered from the heights of science and power, be repeated in the midst
  9333. of the people; let them thrill the breasts of the proletaires, and carry
  9334. dismay into the ranks of the last representatives of privilege!
  9335. The tendency of society in favor of compelling proprietors to support
  9336. national workshops and public manufactories is so strong that for
  9337. several years, under the name of ELECTORAL REFORM, it has been
  9338. exclusively the question of the day. What is, after all, this electoral
  9339. reform which the people grasp at, as if it were a bait, and which
  9340. so many ambitious persons either call for or denounce? It is the
  9341. acknowledgment of the right of the masses to a voice in the assessment
  9342. of taxes, and the making of the laws; which laws, aiming always at the
  9343. protection of material interests, affect, in a greater or less degree,
  9344. all questions of taxation or wages. Now the people, instructed long
  9345. since by their journals, their dramas, [41] and their songs, [42] know
  9346. to-day that taxation, to be equitably divided, must be graduated, and
  9347. must be borne mainly by the rich,--that it must be levied upon luxuries,
  9348. &c. And be sure that the people, once in the majority in the Chamber,
  9349. will not fail to apply these lessons. Already we have a minister
  9350. of public works. National workshops will follow; and soon, as
  9351. a consequence, the excess of the proprietor's revenue over the
  9352. workingman's wages will be swallowed up in the coffers of the laborers
  9353. of the State. Do you not see that in this way property is gradually
  9354. reduced, as nobility was formerly, to a nominal title, to a distinction
  9355. purely honorary in its nature?
  9356. Either the electoral reform will fail to accomplish that which is hoped
  9357. from it, and will disappoint its innumerable partisans, or else it will
  9358. inevitably result in a transformation of the absolute right under which
  9359. we live into a right of possession; that is, that while, at present,
  9360. property makes the elector, after this reform is accomplished, the
  9361. citizen, the producer will be the possessor. [43] Consequently, the
  9362. radicals are right in saying that the electoral reform is in their eyes
  9363. only a means; but, when they are silent as to the end, they show either
  9364. profound ignorance, or useless dissimulation. There should be no secrets
  9365. or reservations from peoples and powers. He disgraces himself and fails
  9366. in respect for his fellows, who, in publishing his opinions, employs
  9367. evasion and cunning. Before the people act, they need to know the whole
  9368. truth. Unhappy he who shall dare to trifle with them! For the people are
  9369. credulous, but they are strong. Let us tell them, then, that this reform
  9370. which is proposed is only a means,--a means often tried, and hitherto
  9371. without effect,--but that the logical object of the electoral reform is
  9372. equality of fortunes; and that this equality itself is only a new means
  9373. having in view the superior and definitive object of the salvation of
  9374. society, the restoration of morals and religion, and the revival of
  9375. poetry and art.
  9376. This assertion of M. Rossi is not borne out by history. Property is the
  9377. cause of the electoral right, not as a PRESUMPTION OF CAPACITY,--an idea
  9378. which never prevailed until lately, and which is extremely absurd,--but
  9379. as a GUARANTEE OF DEVOTION TO THE ESTABLISHED ORDER. The electoral body
  9380. is a league of those interested in the maintenance of property, against
  9381. those not interested. There are thousands of documents, even official
  9382. documents, to prove this, if necessary. For the rest, the present system
  9383. is only a continuation of the municipal system, which, in the
  9384. middle ages, sprang up in connection with feudalism,--an oppressive,
  9385. mischief-making system, full of petty passions and base intrigues.
  9386. It would be an abuse of the reader's patience to insist further upon
  9387. the tendency of our time towards equality. There are, moreover, so many
  9388. people who denounce the present age, that nothing is gained by exposing
  9389. to their view the popular, scientific, and representative tendencies of
  9390. the nation.
  9391. Prompt to recognize the accuracy of the inferences drawn from
  9392. observation, they confine themselves to a general censure of the facts,
  9393. and an absolute denial of their legitimacy. "What wonder," they say,
  9394. "that this atmosphere of equality intoxicates us, considering all that
  9395. has been said and done during the past ten years!... Do you not see that
  9396. society is dissolving, that a spirit of infatuation is carrying us away?
  9397. All these hopes of regeneration are but forebodings of death; your songs
  9398. of triumph are like the prayers of the departing, your trumpet peals
  9399. announce the baptism of a dying man. Civilization is falling in ruin:
  9400. _Imus, imus, praecipites_!"
  9401. Such people deny God. I might content myself with the reply that
  9402. the spirit of 1830 was the result of the maintenance of the violated
  9403. charter; that this charter arose from the Revolution of '89; that
  9404. '89 implies the States-General's right of remonstrance, and the
  9405. enfranchisement of the communes; that the communes suppose feudalism,
  9406. which in its turn supposes invasion, Roman law, Christianity, &c.
  9407. But it is necessary to look further. We must penetrate to the very heart
  9408. of ancient institutions, plunge into the social depths, and uncover this
  9409. indestructible leaven of equality which the God of justice breathed into
  9410. our souls, and which manifests itself in all our works.
  9411. Labor is man's contemporary; it is a duty, since it is a condition of
  9412. existence: "In the sweat of thy face shalt thou eat bread." It is more
  9413. than a duty, it is a mission: "God put the man into the garden to dress
  9414. it." I add that labor is the cause and means of equality.
  9415. Cast away upon a desert island two men: one large, strong, and active;
  9416. the other weak, timid, and domestic. The latter will die of hunger;
  9417. while the other, a skilful hunter, an expert fisherman, and an
  9418. indefatigable husbandman, will overstock himself with provisions. What
  9419. greater inequality, in this state of Nature so dear to the heart of Jean
  9420. Jacques, could be imagined! But let these two men meet and associate
  9421. themselves: the second immediately attends to the cooking, takes charge
  9422. of the household affairs, and sees to the provisions, beds, and clothes;
  9423. provided the stronger does not abuse his superiority by enslaving and
  9424. ill-treating his companion, their social condition will be perfectly
  9425. equal. Thus, through exchange of services, the inequalities of Nature
  9426. neutralize each other, talents associate, and forces balance. Violence
  9427. and inertia are found only among the poor and the aristocratic. And
  9428. in that lies the philosophy of political economy, the mystery of human
  9429. brotherhood. _Hic est sapientia_. Let us pass from the hypothetical
  9430. state of pure Nature into civilization.
  9431. The proprietor of the soil, who produces, I will suppose with the
  9432. economists, by lending his instrument, receives at the foundation of a
  9433. society so many bushels of grain for each acre of arable land. As long
  9434. as labor is weak, and the variety of its products small, the proprietor
  9435. is powerful in comparison with the laborers; he has ten times,
  9436. one hundred times, the portion of an honest man. But let labor, by
  9437. multiplying its inventions, multiply its enjoyments and wants, and the
  9438. proprietor, if he wishes to enjoy the new products, will be obliged to
  9439. reduce his income every day; and since the first products tend rather
  9440. to depreciate than to rise in value,--in consequence of the continual
  9441. addition of the new ones, which may be regarded as supplements of the
  9442. first ones,--it follows that the idle proprietor grows poor as fast
  9443. as public prosperity increases. "Incomes" (I like to quote you, sir,
  9444. because it is impossible to give too good an authority for these
  9445. elementary principles of economy, and because I cannot express them
  9446. better myself), "incomes," you have said, "tend to disappear as capital
  9447. increases. He who possesses to-day an income of twenty thousand pounds
  9448. is not nearly as rich as he who possessed the same amount fifty years
  9449. ago. The time is coming when all property will be a burden to the idle,
  9450. and will necessarily pass into the hands of the able and industrious.
  9451. [44]..."
  9452. In order to live as a proprietor, or to consume without producing, it is
  9453. necessary, then, to live upon the labor of another; in other words,
  9454. it is necessary to kill the laborer. It is upon this principle that
  9455. proprietors of those varieties of capital which are of primary necessity
  9456. increase their farm-rents as fast as industry develops, much more
  9457. careful of their privileges in that respect, than those economists who,
  9458. in order to strengthen property, advocate a reduction of interest.
  9459. But the crime is unavailing: labor and production increase; soon the
  9460. proprietor will be forced to labor, and then property is lost.
  9461. The proprietor is a man who, having absolute control of an instrument
  9462. of production, claims the right to enjoy the product of the instrument
  9463. without using it himself. To this end he lends it; and we have just
  9464. seen that from this loan the laborer derives a power of exchange, which
  9465. sooner or later will destroy the right of increase. In the first place,
  9466. the proprietor is obliged to allow the laborer a portion of the product,
  9467. for without it the laborer could not live. Soon the latter, through
  9468. the development of his industry, finds a means of regaining the greater
  9469. portion of that which he gives to the proprietor; so that at last, the
  9470. objects of enjoyment increasing continually, while the income of the
  9471. idler remains the same, the proprietor, having exhausted his resources,
  9472. begins to think of going to work himself. Then the victory of the
  9473. producer is certain. Labor commences to tip the balance towards its own
  9474. side, and commerce leads to equilibrium.
  9475. Man's instinct cannot err; as, in liberty, exchange of functions leads
  9476. inevitably to equality among men, so commerce--or exchange of products,
  9477. which is identical with exchange of functions--is a new cause of
  9478. equality. As long as the proprietor does not labor, however small his
  9479. income, he enjoys a privilege; the laborer's welfare may be equal to
  9480. his, but equality of conditions does not exist. But as soon as the
  9481. proprietor becomes a producer,--since he can exchange his special
  9482. product only with his tenant or his _commandite_,--sooner or later this
  9483. tenant, this _exploited_ man, if violence is not done him, will make
  9484. a profit out of the proprietor, and will oblige him to restore--in the
  9485. exchange of their respective products--the interest on his capital. So
  9486. that, balancing one injustice by another, the contracting parties will
  9487. be equal. Labor and exchange, when liberty prevails, lead, then, to
  9488. equality of fortunes; mutuality of services neutralizes privilege.
  9489. That is why despots in all ages and countries have assumed control
  9490. of commerce; they wished to prevent the labor of their subjects from
  9491. becoming an obstacle to the rapacity of tyrants.
  9492. Up to this point, all takes place in the natural order; there is no
  9493. premeditation, no artifice. The whole proceeding is governed by the laws
  9494. of necessity alone. Proprietors and laborers act only in obedience to
  9495. their wants. Thus, the exercise of the right of increase, the art
  9496. of robbing the producer, depends--during this first period of
  9497. civilization--upon physical violence, murder, and war.
  9498. But at this point a gigantic and complicated conspiracy is hatched
  9499. against the capitalists. The weapon of the EXPLOITERS is met by the
  9500. EXPLOITED with the instrument of commerce,--a marvellous invention,
  9501. denounced at its origin by the moralists who favored property, but
  9502. inspired without doubt by the genius of labor, by the Minerva of the
  9503. proletaires.
  9504. The principal cause of the evil lay in the accumulation and immobility
  9505. of capital of all sorts,--an immobility which prevented labor, enslaved
  9506. and subalternized by haughty idleness, from ever acquiring it. The
  9507. necessity was felt of dividing and mobilizing wealth, of rendering it
  9508. portable, of making it pass from the hands of the possessor into those
  9509. of the worker. Labor invented MONEY. Afterwards, this invention was
  9510. revived and developed by the BILL OF EXCHANGE and the BANK. For all
  9511. these things are substantially the same, and proceed from the same mind.
  9512. The first man who conceived the idea of representing a value by a shell,
  9513. a precious stone, or a certain weight of metal, was the real inventor
  9514. of the Bank. What is a piece of money, in fact? It is a bill of exchange
  9515. written upon solid and durable material, and carrying with it its own
  9516. redemption. By this means, oppressed equality was enabled to laugh at
  9517. the efforts of the proprietors, and the balance of justice was adjusted
  9518. for the first time in the tradesman's shop. The trap was cunningly set,
  9519. and accomplished its purpose so thoroughly that in idle hands money
  9520. became only dissolving wealth, a false symbol, a shadow of riches. An
  9521. excellent economist and profound philosopher was that miser who took
  9522. as his motto, "WHEN A GUINEA IS EXCHANGED, IT EVAPORATES." So it may
  9523. be said, "When real estate is converted into money, it is lost." This
  9524. explains the constant fact of history, that the nobles--the unproductive
  9525. proprietors of the soil--have every where been dispossessed by
  9526. industrial and commercial plebeians. Such was especially the case in the
  9527. formation of the Italian republics, born, during the middle ages, of
  9528. the impoverishment of the seigniors. I will not pursue the interesting
  9529. considerations which this matter suggests; I could only repeat the
  9530. testimony of historians, and present economical demonstrations in an
  9531. altered form.
  9532. The greatest enemy of the landed and industrial aristocracy to-day, the
  9533. incessant promoter of equality of fortunes, is the BANKER. Through him
  9534. immense plains are divided, mountains change their positions, forests
  9535. are grown upon the public squares, one hemisphere produces for another,
  9536. and every corner of the globe has its usufructuaries. By means of the
  9537. Bank new wealth is continually created, the use of which (soon becoming
  9538. indispensable to selfishness) wrests the dormant capital from the hands
  9539. of the jealous proprietor. The banker is at once the most potent creator
  9540. of wealth, and the main distributor of the products of art and Nature.
  9541. And yet, by the strangest antinomy, this same banker is the most
  9542. relentless collector of profits, increase, and usury ever inspired by
  9543. the demon of property. The importance of the services which he renders
  9544. leads us to endure, though not without complaint, the taxes which he
  9545. imposes. Nevertheless, since nothing can avoid its providential mission,
  9546. since nothing which exists can escape the end for which it exists
  9547. the banker (the modern Croesus) must some day become the restorer of
  9548. equality. And following in your footsteps, sir, I have already given the
  9549. reason; namely, that profit decreases as capital multiplies, since an
  9550. increase of capital--calling for more laborers, without whom it remains
  9551. unproductive--always causes an increase of wages. Whence it follows that
  9552. the Bank, to-day the suction-pump of wealth, is destined to become the
  9553. steward of the human race.
  9554. The phrase EQUALITY OF FORTUNES chafes people, as if it referred to
  9555. a condition of the other world, unknown here below. There are some
  9556. persons, radicals as well as moderates, whom the very mention of this
  9557. idea fills with indignation. Let, then, these silly aristocrats abolish
  9558. mercantile societies and insurance companies, which are founded
  9559. by prudence for mutual assistance. For all these social facts, so
  9560. spontaneous and free from all levelling intentions, are the legitimate
  9561. fruits of the instinct of equality.
  9562. When the legislator makes a law, properly speaking he does not MAKE
  9563. it,--he does not CREATE it: he DESCRIBES it. In legislating upon the
  9564. moral, civil, and political relations of citizens, he does not express
  9565. an arbitrary notion: he states the general idea,--the higher principle
  9566. which governs the matter which he is considering; in a word, he is the
  9567. proclaimer, not the inventor, of the law. So, when two or more men
  9568. form among themselves, by synallagmatic contract, an industrial or an
  9569. insurance association, they recognize that their interests, formerly
  9570. isolated by a false spirit of selfishness and independence, are
  9571. firmly connected by their inner natures, and by the mutuality of their
  9572. relations. They do not really bind themselves by an act of their private
  9573. will: they swear to conform henceforth to a previously existing social
  9574. law hitherto disregarded by them. And this is proved by the fact that
  9575. these same men, could they avoid association, would not associate.
  9576. Before they can be induced to unite their interests, they must acquire
  9577. full knowledge of the dangers of competition and isolation; hence the
  9578. experience of evil is the only thing which leads them into society.
  9579. Now I say that, to establish equality among men, it is only necessary
  9580. to generalize the principle upon which insurance, agricultural, and
  9581. commercial associations are based. I say that competition, isolation
  9582. of interests, monopoly, privilege, accumulation of capital, exclusive
  9583. enjoyment, subordination of functions, individual production, the right
  9584. of profit or increase, the exploitation of man by man, and, to sum up
  9585. all these species under one head, that PROPERTY is the principal cause
  9586. of misery and crime. And, for having arrived at this offensive and
  9587. anti-proprietary conclusion, I am an abhorred monster; radicals and
  9588. conservatives alike point me out as a fit subject for prosecution; the
  9589. academies shower their censures upon me; the most worthy people regard
  9590. me as mad; and those are excessively tolerant who content themselves
  9591. with the assertion that I am a fool. Oh, unhappy the writer who
  9592. publishes the truth otherwise than as a performance of a duty! If he has
  9593. counted upon the applause of the crowd; if he has supposed that avarice
  9594. and self-interest would forget themselves in admiration of him; if he
  9595. has neglected to encase himself within three thicknesses of brass,--he
  9596. will fail, as he ought, in his selfish undertaking. The unjust
  9597. criticisms, the sad disappointments, the despair of his mistaken
  9598. ambition, will kill him.
  9599. But, if I am no longer permitted to express my own personal opinion
  9600. concerning this interesting question of social equilibrium, let me, at
  9601. least, make known the thought of my masters, and develop the doctrines
  9602. advocated in the name of the government.
  9603. It never has been my intention, sir, in spite of the vigorous censure
  9604. which you, in behalf of your academy, have pronounced upon the doctrine
  9605. of equality of fortunes, to contradict and cope with you. In listening
  9606. to you, I have felt my inferiority too keenly to permit me to enter upon
  9607. such a discussion. And then,--if it must be said,--however different
  9608. your language is from mine, we believe in the same principles; you share
  9609. all my opinions. I do not mean to insinuate thereby, sir, that you have
  9610. (to use the phraseology of the schools) an ESOTERIC and an EXOTERIC
  9611. doctrine,--that, secretly believing in equality, you defend property
  9612. only from motives of prudence and by command. I am not rash enough to
  9613. regard you as my colleague in my revolutionary projects; and I esteem
  9614. you too highly, moreover, to suspect you of dissimulation. I only
  9615. mean that the truths which methodical investigation and laborious
  9616. metaphysical speculation have painfully demonstrated to me, a profound
  9617. acquaintance with political economy and a long experience reveal to
  9618. you. While I have reached my belief in equality by long reflection, and
  9619. almost in spite of my desires, you hold yours, sir, with all the zeal of
  9620. faith,--with all the spontaneity of genius. That is why your course
  9621. of lectures at the Conservatory is a perpetual war upon property and
  9622. inequality of fortunes; that is why your most learned investigations,
  9623. your most ingenious analyses, and your innumerable observations always
  9624. conclude in a formula of progress and equality; that is why, finally,
  9625. you are never more admired and applauded than at those moments of
  9626. inspiration when, borne upon the wings of science, you ascend to those
  9627. lofty truths which cause plebeian hearts to beat with enthusiasm, and
  9628. which chill with horror men whose intentions are evil. How many times,
  9629. from the place where I eagerly drank in your eloquent words, have I
  9630. inwardly thanked Heaven for exempting you from the judgment passed by
  9631. St. Paul upon the philosophers of his time,--"They have known the truth,
  9632. and have not made it known"! How many times have I rejoiced at finding
  9633. my own justification in each of your discourses! No, no; I neither wish
  9634. nor ask for any thing which you do not teach yourself. I appeal to your
  9635. numerous audience; let it belie me if, in commenting upon you, I pervert
  9636. your meaning.
  9637. A disciple of Say, what in your eyes is more anti-social than the
  9638. custom-houses; or, as you correctly call them, the barriers erected by
  9639. monopoly between nations? What is more annoying, more unjust, or more
  9640. absurd, than this prohibitory system which compels us to pay forty
  9641. sous in France for that which in England or Belgium would bring us but
  9642. fifteen? It is the custom-house, you once said, [45] which arrests
  9643. the development of civilization by preventing the specialization of
  9644. industries; it is the custom-house which enriches a hundred monopolists
  9645. by impoverishing millions of citizens; it is the custom-house which
  9646. produces famine in the midst of abundance, which makes labor sterile by
  9647. prohibiting exchange, and which stifles production in a mortal embrace.
  9648. It is the custom-house which renders nations jealous of, and hostile to,
  9649. each other; four-fifths of the wars of all ages were caused originally
  9650. by the custom-house. And then, at the highest pitch of your enthusiasm,
  9651. you shouted: "Yes, if to put an end to this hateful system, it should
  9652. become necessary for me to shed the last drop of my blood, I would
  9653. joyfully spring into the gap, asking only time enough to give thanks to
  9654. God for having judged me worthy of martyrdom!"
  9655. And, at that solemn moment, I said to myself: "Place in every department
  9656. of France such a professor as that, and the revolution is avoided."
  9657. But, sir, by this magnificent theory of liberty of commerce you render
  9658. military glory impossible,--you leave nothing for diplomacy to do;
  9659. you even take away the desire for conquest, while abolishing profit
  9660. altogether. What matters it, indeed, who restores Constantinople,
  9661. Alexandria, and Saint Jean d'Acre, if the Syrians, Egyptians, and Turks
  9662. are free to choose their masters; free to exchange their products with
  9663. whom they please? Why should Europe get into such a turmoil over this
  9664. petty Sultan and his old Pasha, if it is only a question whether we or
  9665. the English shall civilize the Orient,--shall instruct Egypt and Syria
  9666. in the European arts, and shall teach them to construct machines, dig
  9667. canals, and build railroads? For, if to national independence free trade
  9668. is added, the foreign influence of these two countries is thereafter
  9669. exerted only through a voluntary relationship of producer to producer,
  9670. or apprentice to journeyman.
  9671. Alone among European powers, France cheerfully accepted the task of
  9672. civilizing the Orient, and began an invasion which was quite apostolic
  9673. in its character,--so joyful and high-minded do noble thoughts render
  9674. our nation! But diplomatic rivalry, national selfishness, English
  9675. avarice, and Russian ambition stood in her way. To consummate a
  9676. long-meditated usurpation, it was necessary to crush a too generous
  9677. ally: the robbers of the Holy Alliance formed a league against dauntless
  9678. and blameless France. Consequently, at the news of this famous treaty,
  9679. there arose among us a chorus of curses upon the principle of property,
  9680. which at that time was acting under the hypocritical formulas of the old
  9681. political system. The last hour of property seemed to have struck by
  9682. the side of Syria; from the Alps to the ocean, from the Rhine to the
  9683. Pyrenees, the popular conscience was aroused. All France sang songs
  9684. of war, and the coalition turned pale at the sound of these shuddering
  9685. cries: "War upon the autocrat, who wishes to be proprietor of the
  9686. old world! War upon the English perjurer, the devourer of India, the
  9687. poisoner of China, the tyrant of Ireland, and the eternal enemy of
  9688. France! War upon the allies who have conspired against liberty and
  9689. equality! War! war! war upon property!"
  9690. By the counsel of Providence the emancipation of the nations is
  9691. postponed. France is to conquer, not by arms, but by example. Universal
  9692. reason does not yet understand this grand equation, which, commencing
  9693. with the abolition of slavery, and advancing over the ruins of
  9694. aristocracies and thrones, must end in equality of rights and fortunes;
  9695. but the day is not far off when the knowledge of this truth will be as
  9696. common as that of equality of origin. Already it seems to be understood
  9697. that the Oriental question is only a question of custom-houses. Is it,
  9698. then, so difficult for public opinion to generalize this idea, and to
  9699. comprehend, finally, that if the suppression of custom-houses involves
  9700. the abolition of national property, it involves also, as a consequence,
  9701. the abolition of individual property?
  9702. In fact, if we suppress the custom-houses, the alliance of the nations
  9703. is declared by that very act; their solidarity is recognized, and their
  9704. equality proclaimed. If we suppress the custom-houses, the principle of
  9705. association will not be slow in reaching from the State to the province,
  9706. from the province to the city, and from the city to the workshop. But,
  9707. then, what becomes of the privileges of authors and artists? Of what
  9708. use are the patents for invention, imagination, amelioration, and
  9709. improvement? When our deputies write a law of literary property by
  9710. the side of a law which opens a large breach in the custom-house they
  9711. contradict themselves, indeed, and pull down with one hand what they
  9712. build up with the other. Without the custom-house, literary property
  9713. does not exist, and the hopes of our starving authors are frustrated.
  9714. For, certainly you do not expect, with the good man Fourier, that
  9715. literary property will exercise itself in China to the profit of a
  9716. French writer; and that an ode of Lamartine, sold by privilege all over
  9717. the world, will bring in millions to its author! The poet's work
  9718. is peculiar to the climate in which he lives; every where else the
  9719. reproduction of his works, having no market value, should be frank and
  9720. free. But what! will it be necessary for nations to put themselves under
  9721. mutual surveillance for the sake of verses, statues, and elixirs? We
  9722. shall always have, then, an excise, a city-toll, rights of entrance
  9723. and transit, custom-houses finally; and then, as a reaction against
  9724. privilege, smuggling.
  9725. Smuggling! That word reminds me of one of the most horrible forms
  9726. of property. "Smuggling," you have said, sir, [46] "is an offence of
  9727. political creation; it is the exercise of natural liberty, defined as a
  9728. crime in certain cases by the will of the sovereign. The smuggler is a
  9729. gallant man,--a man of spirit, who gaily busies himself in procuring for
  9730. his neighbor, at a very low price, a jewel, a shawl, or any other object
  9731. of necessity or luxury, which domestic monopoly renders excessively
  9732. dear." Then, to a very poetical monograph of the smuggler, you add this
  9733. dismal conclusion,--that the smuggler belongs to the family of Mandrin,
  9734. and that the galleys should be his home!
  9735. But, sir, you have not called attention to the horrible exploitation
  9736. which is carried on in this way in the name of property.
  9737. It is said,--and I give this report only as an hypothesis and an
  9738. illustration, for I do not believe it,--it is said that the present
  9739. minister of finances owes his fortune to smuggling. M. Humann, of
  9740. Strasbourg, sent out of France, it is said, enormous quantities of
  9741. sugar, for which he received the bounty on exportation promised by
  9742. the State; then, smuggling this sugar back again, he exported it anew,
  9743. receiving the bounty on exportation a second time, and so on. Notice,
  9744. sir, that I do not state this as a fact; I give it only as it is told,
  9745. not endorsing or even believing it. My sole design is to fix the idea in
  9746. the mind by an example. If I believed that a minister had committed such
  9747. a crime, that is, if I had personal and authentic knowledge that he had,
  9748. I would denounce M. Humann, the minister of finances, to the Chamber of
  9749. Deputies, and would loudly demand his expulsion from the ministry.
  9750. But that which is undoubtedly false of M. Humann is true of many others,
  9751. as rich and no less honorable than he. Smuggling, organized on a large
  9752. scale by the eaters of human flesh, is carried on to the profit of a few
  9753. pashas at the risk and peril of their imprudent victims. The inactive
  9754. proprietor offers his merchandise for sale; the actual smuggler risks
  9755. his liberty, his honor, and his life. If success crowns the enterprise,
  9756. the courageous servant gets paid for his journey; the profit goes to
  9757. the coward. If fortune or treachery delivers the instrument of this
  9758. execrable traffic into the hands of the custom-house officer, the
  9759. master-smuggler suffers a loss which a more fortunate voyage will soon
  9760. repair. The agent, pronounced a scoundrel, is thrown into prison in
  9761. company with robbers; while his glorious patron, a juror, elector,
  9762. deputy, or minister, makes laws concerning expropriation, monopoly, and
  9763. custom-houses!
  9764. I promised, at the beginning of this letter, that no attack on property
  9765. should escape my pen, my only object being to justify myself before the
  9766. public by a general recrimination. But I could not refrain from branding
  9767. so odious a mode of exploitation, and I trust that this short digression
  9768. will be pardoned. Property does not avenge, I hope, the injuries which
  9769. smuggling suffers.
  9770. The conspiracy against property is general; it is flagrant; it takes
  9771. possession of all minds, and inspires all our laws; it lies at the
  9772. bottom of all theories. Here the proletaire pursues property in the
  9773. street, there the legislator lays an interdict upon it; now, a professor
  9774. of political economy or of industrial legislation, [47] paid to defend
  9775. it, undermines it with redoubled blows; at another--time, an academy
  9776. calls it in question, [48] or inquires as to the progress of its
  9777. demolition. [49] To-day there is not an idea, not an opinion, not
  9778. a sect, which does not dream of muzzling property. None confess it,
  9779. because none are yet conscious of it; there are too few minds capable
  9780. of grasping spontaneously this ensemble of causes and effects,
  9781. of principles and consequences, by which I try to demonstrate the
  9782. approaching disappearance of property; on the other hand, the ideas that
  9783. are generally formed of this right are too divergent and too loosely
  9784. determined to allow an admission, so soon, of the contrary theory. Thus,
  9785. in the middle and lower ranks of literature and philosophy, no less than
  9786. among the common people, it is thought that, when property is abolished,
  9787. no one will be able to enjoy the fruit of his labor; that no one will
  9788. have any thing peculiar to himself, and that tyrannical communism will
  9789. be established on the ruins of family and liberty!--chimeras, which are
  9790. to support for a little while longer the cause of privilege.
  9791. But, before determining precisely the idea of property, before seeking
  9792. amid the contradictions of systems for the common element which must
  9793. form the basis of the new right, let us cast a rapid glance at
  9794. the changes which, at the various periods of history, property has
  9795. undergone. The political forms of nations are the expression of their
  9796. beliefs. The mobility of these forms, their modification and their
  9797. destruction, are solemn experiences which show us the value of ideas,
  9798. and gradually eliminate from the infinite variety of customs the
  9799. absolute, eternal, and immutable truth. Now, we shall see that every
  9800. political institution tends, necessarily, and on pain of death, to
  9801. equalize conditions; that every where and always equality of fortunes
  9802. (like equality of rights) has been the social aim, whether the plebeian
  9803. classes have endeavored to rise to political power by means of property,
  9804. or whether--rulers already--they have used political power to overthrow
  9805. property. We shall see, in short, by the progress of society, that the
  9806. consummation of justice lies in the extinction of individual domain.
  9807. For the sake of brevity, I will disregard the testimony of
  9808. ecclesiastical history and Christian theology: this subject deserves a
  9809. separate treatise, and I propose hereafter to return to it. Moses and
  9810. Jesus Christ proscribed, under the names of usury and inequality, [50]
  9811. all sorts of profit and increase. The church itself, in its purest
  9812. teachings, has always condemned property; and when I attacked, not only
  9813. the authority of the church, but also its infidelity to justice, I did
  9814. it to the glory of religion. I wanted to provoke a peremptory reply, and
  9815. to pave the way for Christianity's triumph, in spite of the innumerable
  9816. attacks of which it is at present the object. I hoped that an apologist
  9817. would arise forthwith, and, taking his stand upon the Scriptures, the
  9818. Fathers, the canons, and the councils and constitutions of the Popes,
  9819. would demonstrate that the church always has maintained the doctrine of
  9820. equality, and would attribute to temporary necessity the contradictions
  9821. of its discipline. Such a labor would serve the cause of religion
  9822. as well as that of equality. We must know, sooner or later, whether
  9823. Christianity is to be regenerated in the church or out of it, and
  9824. whether this church accepts the reproaches cast upon it of hatred to
  9825. liberty and antipathy to progress. Until then we will suspend judgment,
  9826. and content ourselves with placing before the clergy the teachings of
  9827. history.
  9828. When Lycurgus undertook to make laws for Sparta, in what condition did
  9829. he find this republic? On this point all historians agree. The people
  9830. and the nobles were at war. The city was in a confused state, and
  9831. divided by two parties,--the party of the poor, and the party of the
  9832. rich. Hardly escaped from the barbarism of the heroic ages, society was
  9833. rapidly declining. The proletariat made war upon property, which, in its
  9834. turn, oppressed the proletariat. What did Lycurgus do? His first measure
  9835. was one of general security, at the very idea of which our legislators
  9836. would tremble. He abolished all debts; then, employing by turns
  9837. persuasion and force, he induced the nobles to renounce their
  9838. privileges, and re-established equality.
  9839. Lycurgus, in a word, hunted property out of Lacedaemon, seeing no other
  9840. way to harmonize liberty, equality, and law. I certainly should not wish
  9841. France to follow the example of Sparta; but it is remarkable that the
  9842. most ancient of Greek legislators, thoroughly acquainted with the nature
  9843. and needs of the people, more capable than any one else of appreciating
  9844. the legitimacy of the obligations which he, in the exercise of his
  9845. absolute authority, cancelled; who had compared the legislative
  9846. systems of his time, and whose wisdom an oracle had proclaimed,--it
  9847. is remarkable, I say, that Lycurgus should have judged the right of
  9848. property incompatible with free institutions, and should have thought it
  9849. his duty to preface his legislation by a coup d'etat which destroyed all
  9850. distinctions of fortune.
  9851. Lycurgus understood perfectly that the luxury, the love of enjoyments,
  9852. and the inequality of fortunes, which property engenders, are the bane
  9853. of society; unfortunately the means which he employed to preserve his
  9854. republic were suggested to him by false notions of political economy,
  9855. and by a superficial knowledge of the human heart. Accordingly,
  9856. property, which this legislator wrongly confounded with wealth,
  9857. reentered the city together with the swarm of evils which he was
  9858. endeavoring to banish; and this time Sparta was hopelessly corrupted.
  9859. "The introduction of wealth," says M. Pastoret, "was one of the
  9860. principal causes of the misfortunes which they experienced. Against
  9861. these, however, the laws had taken extraordinary precautions, the best
  9862. among which was the inculcation of morals which tended to suppress
  9863. desire."
  9864. The best of all precautions would have been the anticipation of desire
  9865. by satisfaction. Possession is the sovereign remedy for cupidity,
  9866. a remedy which would have been the less perilous to Sparta because
  9867. fortunes there were almost equal, and conditions were nearly alike. As a
  9868. general thing, fasting and abstinence are bad teachers of moderation.
  9869. "There was a law," says M. Pastoret again, "to prohibit the rich from
  9870. wearing better clothing than the poor, from eating more delicate food,
  9871. and from owning elegant furniture, vases, carpets, fine houses," &c.
  9872. Lycurgus hoped, then, to maintain equality by rendering wealth useless.
  9873. How much wiser he would have been if, in accordance with his military
  9874. discipline, he had organized industry and taught the people to procure
  9875. by their own labor the things which he tried in vain to deprive them of.
  9876. In that case, enjoying happy thoughts and pleasant feelings, the citizen
  9877. would have known no other desire than that with which the legislator
  9878. endeavored to inspire him,--love of honor and glory, the triumphs of
  9879. talent and virtue.
  9880. "Gold and all kinds of ornaments were forbidden the women." Absurd.
  9881. After the death of Lycurgus, his institutions became corrupted; and four
  9882. centuries before the Christian era not a vestige remained of the former
  9883. simplicity. Luxury and the thirst for gold were early developed among
  9884. the Spartans in a degree as intense as might have been expected from
  9885. their enforced poverty and their inexperience in the arts. Historians
  9886. have accused Pausanias, Lysander, Agesilaus, and others of having
  9887. corrupted the morals of their country by the introduction of wealth
  9888. obtained in war. It is a slander. The morals of the Spartans necessarily
  9889. grew corrupt as soon as the Lacedaemonian poverty came in contact with
  9890. Persian luxury and Athenian elegance. Lycurgus, then, made a fatal
  9891. mistake in attempting to inspire generosity and modesty by enforcing
  9892. vain and proud simplicity.
  9893. "Lycurgus was not frightened at idleness! A Lacedemonian, happening to
  9894. be in Athens (where idleness was forbidden) during the punishment of
  9895. a citizen who had been found guilty, asked to see the Athenian thus
  9896. condemned for having exercised the rights of a free man.... It was one
  9897. of the principles of Lycurguss, acted upon for several centuries, that
  9898. free men should not follow lucrative professions.... The women disdained
  9899. domestic labor; they did not spin their wool themselves, as did the
  9900. other Greeks [they did not, then, read Homer!]; they left their slaves
  9901. to make their clothing for them."--Pastoret: History of Legislation.
  9902. Could any thing be more contradictory? Lycurgus proscribed property
  9903. among the citizens, and founded the means of subsistence on the worst
  9904. form of property,--on property obtained by force. What wonder, after
  9905. that, that a lazy city, where no industry was carried on, became a den
  9906. of avarice? The Spartans succumbed the more easily to the allurements of
  9907. luxury and Asiatic voluptuousness, being placed entirely at their mercy
  9908. by their own coarseness. The same thing happened to the Romans, when
  9909. military success took them out of Italy,--a thing which the author
  9910. of the prosopopoeia of Fabricius could not explain. It is not the
  9911. cultivation of the arts which corrupts morals, but their degradation,
  9912. induced by inactive and luxurious opulence. The instinct of property
  9913. is to make the industry of Daedalus, as well as the talent of Phidias,
  9914. subservient to its own fantastic whims and disgraceful pleasures.
  9915. Property, not wealth, ruined the Spartans.
  9916. When Solon appeared, the anarchy caused by property was at its height
  9917. in the Athenian republic. "The inhabitants of Attica were divided
  9918. among themselves as to the form of government. Those who lived on the
  9919. mountains (the poor) preferred the popular form; those of the plain
  9920. (the middle class), the oligarchs; those by the sea coast, a mixture
  9921. of oligarchy and democracy. Other dissensions were arising from the
  9922. inequality of fortunes. The mutual antagonism of the rich and poor had
  9923. become so violent, that the one-man power seemed the only safe-guard
  9924. against the revolution with which the republic was threatened."
  9925. (Pastoret: History of Legislation.)
  9926. Quarrels between the rich and the poor, which seldom occur in
  9927. monarchies, because a well established power suppresses dissensions,
  9928. seem to be the life of popular governments. Aristotle had noticed this.
  9929. The oppression of wealth submitted to agrarian laws, or to excessive
  9930. taxation; the hatred of the lower classes for the upper class, which
  9931. is exposed always to libellous charges made in hopes of
  9932. confiscation,--these were the features of the Athenian government which
  9933. were especially revolting to Aristotle, and which caused him to favor
  9934. a limited monarchy. Aristotle, if he had lived in our day, would have
  9935. supported the constitutional government. But, with all deference to the
  9936. Stagirite, a government which sacrifices the life of the proletaire to
  9937. that of the proprietor is quite as irrational as one which supports the
  9938. former by robbing the latter; neither of them deserve the support of a
  9939. free man, much less of a philosopher.
  9940. Solon followed the example of Lycurgus. He celebrated his legislative
  9941. inauguration by the abolition of debts,--that is, by bankruptcy. In
  9942. other words, Solon wound up the governmental machine for a longer or
  9943. shorter time depending upon the rate of interest. Consequently, when the
  9944. spring relaxed and the chain became unwound, the republic had either
  9945. to perish, or to recover itself by a second bankruptcy. This singular
  9946. policy was pursued by all the ancients. After the captivity of Babylon,
  9947. Nehemiah, the chief of the Jewish nation, abolished debts; Lycurgus
  9948. abolished debts; Solon abolished debts; the Roman people, after the
  9949. expulsion of the kings until the accession of the Caesars, struggled
  9950. with the Senate for the abolition of debts. Afterwards, towards the
  9951. end of the republic, and long after the establishment of the empire,
  9952. agriculture being abandoned, and the provinces becoming depopulated
  9953. in consequence of the excessive rates of interest, the emperors freely
  9954. granted the lands to whoever would cultivate them,--that is, they
  9955. abolished debts. No one, except Lycurgus, who went to the other extreme,
  9956. ever perceived that the great point was, not to release debtors by a
  9957. coup d'etat, but to prevent the contraction of debts in future.
  9958. On the contrary, the most democratic governments were always exclusively
  9959. based upon individual property; so that the social element of all these
  9960. republics was war between the citizens.
  9961. Solon decreed that a census should be taken of all fortunes, regulated
  9962. political rights by the result, granted to the larger proprietors more
  9963. influence, established the balance of powers,--in a word, inserted in
  9964. the constitution the most active leaven of discord; as if, instead of a
  9965. legislator chosen by the people, he had been their greatest enemy. Is
  9966. it not, indeed, the height of imprudence to grant equality of political
  9967. rights to men of unequal conditions? If a manufacturer, uniting all
  9968. his workmen in a joint-stock company, should give to each of them a
  9969. consultative and deliberative voice,--that is, should make all of them
  9970. masters,--would this equality of mastership secure continued inequality
  9971. of wages? That is the whole political system of Solon, reduced to its
  9972. simplest expression.
  9973. "In giving property a just preponderance," says M. Pastoret, "Solon
  9974. repaired, as far as he was able, his first official act,--the abolition
  9975. of debts.... He thought he owed it to public peace to make this great
  9976. sacrifice of acquired rights and natural equity. But the violation of
  9977. individual property and written contracts is a bad preface to a public
  9978. code."
  9979. In fact, such violations are always cruelly punished. In '89 and '93,
  9980. the possessions of the nobility and the clergy were confiscated, the
  9981. clever proletaires were enriched; and to-day the latter, having become
  9982. aristocrats, are making us pay dearly for our fathers' robbery. What,
  9983. therefore, is to be done now? It is not for us to violate right, but to
  9984. restore it. Now, it would be a violation of justice to dispossess some
  9985. and endow others, and then stop there. We must gradually lower the rate
  9986. of interest, organize industry, associate laborers and their functions,
  9987. and take a census of the large fortunes, not for the purpose of granting
  9988. privileges, but that we may effect their redemption by settling a
  9989. life-annuity upon their proprietors. We must apply on a large scale the
  9990. principle of collective production, give the State eminent domain over
  9991. all capital! make each producer responsible, abolish the custom-house,
  9992. and transform every profession and trade into a public function. Thereby
  9993. large fortunes will vanish without confiscation or violence; individual
  9994. possession will establish itself, without communism, under the
  9995. inspection of the republic; and equality of conditions will no longer
  9996. depend simply on the will of citizens.
  9997. Of the authors who have written upon the Romans, Bossuet and Montesquieu
  9998. occupy prominent positions in the first rank; the first being generally
  9999. regarded as the father of the philosophy of history, and the second as
  10000. the most profound writer upon law and politics. Nevertheless, it could
  10001. be shown that these two great writers, each of them imbued with the
  10002. prejudices of their century and their cloth, have left the question of
  10003. the causes of the rise and fall of the Romans precisely where they found
  10004. it.
  10005. Bossuet is admirable as long as he confines himself to description:
  10006. witness, among other passages, the picture which he has given us
  10007. of Greece before the Persian War, and which seems to have inspired
  10008. "Telemachus;" the parallel between Athens and Sparta, drawn twenty
  10009. times since Bossuet; the description of the character and morals of
  10010. the ancient Romans; and, finally, the sublime peroration which ends the
  10011. "Discourse on Universal History." But when the famous historian deals
  10012. with causes, his philosophy is at fault.
  10013. "The tribunes always favored the division of captured lands, or the
  10014. proceeds of their sale, among the citizens. The Senate steadfastly
  10015. opposed those laws which were damaging to the State, and wanted the
  10016. price of lands to be awarded to the public treasury."
  10017. Thus, according to Bossuet, the first and greatest wrong of civil wars
  10018. was inflicted upon the people, who, dying of hunger, demanded that the
  10019. lands, which they had shed their blood to conquer, should be given to
  10020. them for cultivation. The patricians, who bought them to deliver to
  10021. their slaves, had more regard for justice and the public interests.
  10022. How little affects the opinions of men! If the roles of Cicero and the
  10023. Gracchi had been inverted, Bossuet, whose sympathies were aroused by the
  10024. eloquence of the great orator more than by the clamors of the tribunes,
  10025. would have viewed the agrarian laws in quite a different light. He
  10026. then would have understood that the interest of the treasury was only
  10027. a pretext; that, when the captured lands were put up at auction, the
  10028. patricians hastened to buy them, in order to profit by the revenues from
  10029. them,--certain, moreover, that the price paid would come back to them
  10030. sooner or later, in exchange either for supplies furnished by them to
  10031. the republic, or for the subsistence of the multitude, who could buy
  10032. only of them, and whose services at one time, and poverty at another,
  10033. were rewarded by the State. For a State does not hoard; on the contrary,
  10034. the public funds always return to the people. If, then, a certain number
  10035. of men are the sole dealers in articles of primary necessity, it follows
  10036. that the public treasury, in passing and repassing through their hands,
  10037. deposits and accumulates real property there.
  10038. When Menenius related to the people his fable of the limbs and the
  10039. stomach, if any one had remarked to this story-teller that the stomach
  10040. freely gives to the limbs the nourishment which it freely receives, but
  10041. that the patricians gave to the plebeians only for cash, and lent to
  10042. them only at usury, he undoubtedly would have silenced the wily senator,
  10043. and saved the people from a great imposition. The Conscript Fathers
  10044. were fathers only of their own line. As for the common people, they were
  10045. regarded as an impure race, exploitable, taxable, and workable at the
  10046. discretion and mercy of their masters.
  10047. As a general thing, Bossuet shows little regard for the people. His
  10048. monarchical and theological instincts know nothing but authority,
  10049. obedience, and alms-giving, under the name of charity.
  10050. This unfortunate disposition constantly leads him to mistake symptoms
  10051. for causes; and his depth, which is so much admired, is borrowed from
  10052. his authors, and amounts to very little, after all.
  10053. When he says, for instance, that "the dissensions in the republic, and
  10054. finally its fall, were caused by the jealousies of its citizens, and
  10055. their love of liberty carried to an extreme and intolerable extent," are
  10056. we not tempted to ask him what caused those JEALOUSIES?--what inspired
  10057. the people with that LOVE OF LIBERTY, EXTREME AND INTOLERABLE? It would
  10058. be useless to reply, The corruption of morals; the disregard for the
  10059. ancient poverty; the debaucheries, luxury, and class jealousies; the
  10060. seditious character of the Gracchi, &c. Why did the morals become
  10061. corrupt, and whence arose those eternal dissensions between the
  10062. patricians and the plebeians?
  10063. In Rome, as in all other places, the dissension between the rich and
  10064. the poor was not caused directly by the desire for wealth (people, as
  10065. a general thing, do not covet that which they deem it illegitimate to
  10066. acquire), but by a natural instinct of the plebeians, which led them to
  10067. seek the cause of their adversity in the constitution of the republic.
  10068. So we are doing to-day; instead of altering our public economy, we
  10069. demand an electoral reform. The Roman people wished to return to the
  10070. social compact; they asked for reforms, and demanded a revision of
  10071. the laws, and a creation of new magistracies. The patricians, who had
  10072. nothing to complain of, opposed every innovation. Wealth always has been
  10073. conservative. Nevertheless, the people overcame the resistance of the
  10074. Senate; the electoral right was greatly extended; the privileges of
  10075. the plebeians were increased,--they had their representatives, their
  10076. tribunes, and their consuls; but, notwithstanding these reforms, the
  10077. republic could not be saved. When all political expedients had been
  10078. exhausted, when civil war had depleted the population, when the Caesars
  10079. had thrown their bloody mantle over the cancer which was consuming the
  10080. empire,--inasmuch as accumulated property always was respected, and
  10081. since the fire never stopped, the nation had to perish in the flames.
  10082. The imperial power was a compromise which protected the property of the
  10083. rich, and nourished the proletaires with wheat from Africa and Sicily:
  10084. a double error, which destroyed the aristocrats by plethora and
  10085. the commoners by famine. At last there was but one real proprietor
  10086. left,--the emperor,--whose dependent, flatterer, parasite, or slave,
  10087. each citizen became; and when this proprietor was ruined, those who
  10088. gathered the crumbs from under his table, and laughed when he cracked
  10089. his jokes, perished also.
  10090. Montesquieu succeeded no better than Bossuet in fathoming the causes of
  10091. the Roman decline; indeed, it may be said that the president has only
  10092. developed the ideas of the bishop. If the Romans had been more moderate
  10093. in their conquests, more just to their allies, more humane to the
  10094. vanquished; if the nobles had been less covetous, the emperors less
  10095. lawless, the people less violent, and all classes less corrupt; if...
  10096. &c.,--perhaps the dignity of the empire might have been preserved, and
  10097. Rome might have retained the sceptre of the world! That is all that can
  10098. be gathered from the teachings of Montesquieu. But the truth of history
  10099. does not lie there; the destinies of the world are not dependent upon
  10100. such trivial causes. The passions of men, like the contingencies of time
  10101. and the varieties of climate, serve to maintain the forces which move
  10102. humanity and produce all historical changes; but they do not explain
  10103. them. The grain of sand of which Pascal speaks would have caused the
  10104. death of one man only, had not prior action ordered the events of which
  10105. this death was the precursor.
  10106. Montesquieu has read extensively; he knows Roman history thoroughly, is
  10107. perfectly well acquainted with the people of whom he speaks, and sees
  10108. very clearly why they were able to conquer their rivals and govern the
  10109. world. While reading him we admire the Romans, but we do not like them;
  10110. we witness their triumphs without pleasure, and we watch their fall
  10111. without sorrow. Montesquieu's work, like the works of all French
  10112. writers, is skilfully composed,--spirited, witty, and filled with wise
  10113. observations. He pleases, interests, instructs, but leads to little
  10114. reflection; he does not conquer by depth of thought; he does not exalt
  10115. the mind by elevated reason or earnest feeling. In vain should we search
  10116. his writings for knowledge of antiquity, the character of primitive
  10117. society, or a description of the heroic ages, whose morals and
  10118. prejudices lived until the last days of the republic. Vico, painting the
  10119. Romans with their horrible traits, represents them as excusable, because
  10120. he shows that all their conduct was governed by preexisting ideas and
  10121. customs, and that they were informed, so to speak, by a superior genius
  10122. of which they were unconscious; in Montesquieu, the Roman atrocity
  10123. revolts, but is not explained. Therefore, as a writer, Montesquieu
  10124. brings greater credit upon French literature; as a philosopher, Vico
  10125. bears away the palm.
  10126. Originally, property in Rome was national, not private. Numa was
  10127. the first to establish individual property by distributing the lands
  10128. captured by Romulus. What was the dividend of this distribution effected
  10129. by Numa? What conditions were imposed upon individuals, what powers
  10130. reserved to the State? None whatever. Inequality of fortunes, absolute
  10131. abdication by the republic of its right of eminent domain over the
  10132. property of citizens,--such were the first results of the division of
  10133. Numa, who justly may be regarded as the originator of Roman revolutions.
  10134. He it was who instituted the worship of the god Terminus,--the guardian
  10135. of private possession, and one of the most ancient gods of Italy. It
  10136. was Numa who placed property under the protection of Jupiter; who,
  10137. in imitation of the Etrurians, wished to make priests of the
  10138. land-surveyors; who invented a liturgy for cadastral operations, and
  10139. ceremonies of consecration for the marking of boundaries,--who, in
  10140. short, made a religion of property. [51] All these fancies would have
  10141. been more beneficial than dangerous, if the holy king had not forgotten
  10142. one essential thing; namely, to fix the amount that each citizen could
  10143. possess, and on what conditions he could possess it. For, since it is
  10144. the essence of property to continually increase by accession and profit,
  10145. and since the lender will take advantage of every opportunity to apply
  10146. this principle inherent in property, it follows that properties tend, by
  10147. means of their natural energy and the religious respect which protects
  10148. them, to absorb each other, and fortunes to increase or diminish to an
  10149. indefinite extent,--a process which necessarily results in the ruin
  10150. of the people, and the fall of the republic. Roman history is but the
  10151. development of this law.
  10152. Scarcely had the Tarquins been banished from Rome and the monarchy
  10153. abolished, when quarrels commenced between the orders. In the year
  10154. 494 B.C., the secession of the commonalty to the Mons Sacer led to the
  10155. establishment of the tribunate. Of what did the plebeians complain?
  10156. That they were poor, exhausted by the interest which they paid to the
  10157. proprietors,--_foeneratoribus;_ that the republic, administered for the
  10158. benefit of the nobles, did nothing for the people; that, delivered over
  10159. to the mercy of their creditors, who could sell them and their children,
  10160. and having neither hearth nor home, they were refused the means of
  10161. subsistence, while the rate of interest was kept at its highest point,
  10162. &c. For five centuries, the sole policy of the Senate was to evade
  10163. these just complaints; and, notwithstanding the energy of the tribunes,
  10164. notwithstanding the eloquence of the Gracchi, the violence of Marius,
  10165. and the triumph of Caesar, this execrable policy succeeded only too
  10166. well. The Senate always temporized; the measures proposed by the
  10167. tribunes might be good, but they were inopportune. It admitted that
  10168. something should be done; but first it was necessary that the people
  10169. should resume the performance of their duties, because the Senate could
  10170. not yield to violence, and force must be employed only by the law. If
  10171. the people--out of respect for legality--took this beautiful advice, the
  10172. Senate conjured up a difficulty; the reform was postponed, and that was
  10173. the end of it. On the contrary, if the demands of the proletaires became
  10174. too pressing, it declared a foreign war, and neighboring nations were
  10175. deprived of their liberty, to maintain the Roman aristocracy.
  10176. But the toils of war were only a halt for the plebeians in their onward
  10177. march towards pauperism. The lands confiscated from the conquered
  10178. nations were immediately added to the domain of the State, to the ager
  10179. publicus; and, as such, cultivated for the benefit of the treasury; or,
  10180. as was more often the case, they were sold at auction. None of them were
  10181. granted to the proletaires, who, unlike the patricians and knights, were
  10182. not supplied by the victory with the means of buying them. War never
  10183. enriched the soldier; the extensive plundering has been done always by
  10184. the generals. The vans of Augereau, and of twenty others, are famous in
  10185. our armies; but no one ever heard of a private getting rich. Nothing was
  10186. more common in Rome than charges of peculation, extortion, embezzlement,
  10187. and brigandage, carried on in the provinces at the head of armies, and
  10188. in other public capacities. All these charges were quieted by intrigue,
  10189. bribery of the judges, or desistance of the accuser. The culprit was
  10190. allowed always in the end to enjoy his spoils in peace; his son was only
  10191. the more respected on account of his father's crimes. And, in fact, it
  10192. could not be otherwise. What would become of us, if every deputy, peer,
  10193. or public functionary should be called upon to show his title to his
  10194. fortune!
  10195. "The patricians arrogated the exclusive enjoyment of the ager publicus;
  10196. and, like the feudal seigniors, granted some portions of their lands to
  10197. their dependants,--a wholly precarious concession, revocable at the will
  10198. of the grantor. The plebeians, on the contrary, were entitled to the
  10199. enjoyment of only a little pasture-land left to them in common:
  10200. an utterly unjust state of things, since, in consequence of it,
  10201. taxation--_census_--weighed more heavily upon the poor than upon the
  10202. rich. The patrician, in fact, always exempted himself from the tithe
  10203. which he owed as the price and as the acknowledgment of the concession
  10204. of domain; and, on the other hand, paid no taxes on his POSSESSIONS,
  10205. if, as there is good reason to believe, only citizens' property was
  10206. taxed."--Laboulaye: History of Property.
  10207. In order thoroughly to understand the preceding quotation, we must know
  10208. that the estates of CITIZENS--that is, estates independent of the public
  10209. domain, whether they were obtained in the division of Numa, or had since
  10210. been sold by the questors--were alone regarded as PROPERTY; upon these
  10211. a tax, or _cense_, was imposed. On the contrary, the estates obtained
  10212. by concessions of the public domain, of the ager publicus (for which a
  10213. light rent was paid), were called POSSESSIONS. Thus, among the Romans,
  10214. there was a RIGHT OF PROPERTY and a RIGHT OF POSSESSION regulating the
  10215. administration of all estates. Now, what did the proletaires wish? That
  10216. the jus possessionis--the simple right of possession--should be extended
  10217. to them at the expense, as is evident, not of private property, but of
  10218. the public domain,--agri publici. The proletaires, in short, demanded
  10219. that they should be tenants of the land which they had conquered. This
  10220. demand, the patricians in their avarice never would accede to. Buying
  10221. as much of this land as they could, they afterwards found means of
  10222. obtaining the rest as POSSESSIONS. Upon this land they employed their
  10223. slaves. The people, who could not buy, on account of the competition
  10224. of the rich, nor hire, because--cultivating with their own hands--they
  10225. could not promise a rent equal to the revenue which the land would
  10226. yield when cultivated by slaves, were always deprived of possession and
  10227. property.
  10228. Civil wars relieved, to some extent, the sufferings of the multitude.
  10229. "The people enrolled themselves under the banners of the ambitious, in
  10230. order to obtain by force that which the law refused them,--property. A
  10231. colony was the reward of a victorious legion. But it was no longer
  10232. the ager publicus only; it was all Italy that lay at the mercy of the
  10233. legions. The ager publicus disappeared almost entirely,... but the
  10234. cause of the evil--accumulated property--became more potent than ever."
  10235. (Laboulaye: History of Property.)
  10236. The author whom I quote does not tell us why this division of
  10237. territory which followed civil wars did not arrest the encroachments of
  10238. accumulated property; the omission is easily supplied. Land is not
  10239. the only requisite for cultivation; a working-stock is also
  10240. necessary,--animals, tools, harnesses, a house, an advance, &c. Where
  10241. did the colonists, discharged by the dictator who rewarded them, obtain
  10242. these things? From the purse of the usurers; that is, of the patricians,
  10243. to whom all these lands finally returned, in consequence of the rapid
  10244. increase of usury, and the seizure of estates. Sallust, in his account
  10245. of the conspiracy of Catiline, tells us of this fact. The conspirators
  10246. were old soldiers of Sylla, who, as a reward for their services, had
  10247. received from him lands in Cisalpine Gaul, Tuscany, and other parts of
  10248. the peninsula Less than twenty years had elapsed since these colonists,
  10249. free of debt, had left the service and commenced farming; and already
  10250. they were crippled by usury, and almost ruined. The poverty caused
  10251. by the exactions of creditors was the life of this conspiracy which
  10252. well-nigh inflamed all Italy, and which, with a worthier chief and
  10253. fairer means, possibly would have succeeded. In Rome, the mass of the
  10254. people were favorable to the conspirators--_cuncta plebes Catilinae
  10255. incepta probabat;_ the allies were weary of the patricians' robberies;
  10256. deputies from the Allobroges (the Savoyards) had come to Rome to appeal
  10257. to the Senate in behalf of their fellow-citizens involved in debt; in
  10258. short, the complaint against the large proprietors was universal. "We
  10259. call men and gods to witness," said the soldiers of Catiline, who were
  10260. Roman citizens with not a slave among them, "that we have taken arms
  10261. neither against the country, nor to attack any one, but in defence of
  10262. our lives and liberties. Wretched, poor, most of us deprived of country,
  10263. all of us of fame and fortune, by the violence and cruelty of usurers,
  10264. we have no rights, no property, no liberty." [52]
  10265. The bad reputation of Catiline, and his atrocious designs, the
  10266. imprudence of his accomplices, the treason of several, the strategy
  10267. of Cicero, the angry outbursts of Cato, and the terror of the
  10268. Senate, baffled this enterprise, which, in furnishing a precedent for
  10269. expeditions against the rich, would perhaps have saved the republic, and
  10270. given peace to the world. But Rome could not evade her destiny; the end
  10271. of her expiations had not come. A nation never was known to anticipate
  10272. its punishment by a sudden and unexpected conversion. Now, the
  10273. long-continued crimes of the Eternal City could not be atoned for by
  10274. the massacre of a few hundred patricians. Catiline came to stay divine
  10275. vengeance; therefore his conspiracy failed.
  10276. The encroachment of large proprietors upon small proprietors, by the aid
  10277. of usury, farm-rent, and profits of all sorts, was common throughout the
  10278. empire. The most honest citizens invested their money at high rates of
  10279. interest. [53] Cato, Cicero, Brutus, all the stoics so noted for
  10280. their frugality, _viri frugi_,--Seneca, the teacher of virtue,--levied
  10281. enormous taxes in the provinces, under the name of usury; and it is
  10282. something remarkable, that the last defenders of the republic, the proud
  10283. Pompeys, were all usurious aristocrats, and oppressors of the poor.
  10284. But the battle of Pharsalus, having killed men only, without touching
  10285. institutions, the encroachments of the large domains became every day
  10286. more active. Ever since the birth of Christianity, the Fathers have
  10287. opposed this invasion with all their might. Their writings are filled
  10288. with burning curses upon this crime of usury, of which Christians are
  10289. not always innocent.
  10290. St. Cyprian complains of certain bishops of his time, who, absorbed in
  10291. disgraceful stock-jobbing operations, abandoned their churches, and went
  10292. about the provinces appropriating lands by artifice and fraud, while
  10293. lending money and piling up interests upon interests. [54] Why, in the
  10294. midst of this passion for accumulation, did not the possession of the
  10295. public land, like private property, become concentrated in a few hands?
  10296. By law, the domain of the State was inalienable, and consequently
  10297. possession was always revocable; but the edict of the praetor continued
  10298. it indefinitely, so that finally the possessions of the patricians were
  10299. transformed into absolute property, though the name, possessions,
  10300. was still applied to them. This conversion, instigated by senatorial
  10301. avarice; owed its accomplishment to the most deplorable and indiscreet
  10302. policy. If, in the time of Tiberius Gracchus, who wished to limit each
  10303. citizen's possession of the ager publicus to five hundred acres, the
  10304. amount of this possession had been fixed at as much as one family could
  10305. cultivate, and granted on the express condition that the possessor
  10306. should cultivate it himself, and should lease it to no one, the empire
  10307. never would have been desolated by large estates; and possession,
  10308. instead of increasing property, would have absorbed it. On what, then,
  10309. depended the establishment and maintenance of equality in conditions
  10310. and fortunes? On a more equitable division of the ager publicus, a wiser
  10311. distribution of the right of possession.
  10312. I insist upon this point, which is of the utmost importance, because
  10313. it gives us an opportunity to examine the history of this individual
  10314. possession, of which I said so much in my first memoir, and which so few
  10315. of my readers seem to have understood. The Roman republic--having, as
  10316. it did, the power to dispose absolutely of its territory, and to impose
  10317. conditions upon possessors--was nearer to liberty and equality than any
  10318. nation has been since. If the Senate had been intelligent and just,--if,
  10319. at the time of the retreat to the Mons Sacer, instead of the ridiculous
  10320. farce enacted by Menenius Agrippa, a solemn renunciation of the right
  10321. to acquire had been made by each citizen on attaining his share of
  10322. possessions,--the republic, based upon equality of possessions and the
  10323. duty of labor, would not, in attaining its wealth, have degenerated
  10324. in morals; Fabricius would have enjoyed the arts without controlling
  10325. artists; and the conquests of the ancient Romans would have been the
  10326. means of spreading civilization, instead of the series of murders and
  10327. robberies that they were.
  10328. But property, having unlimited power to amass and to lease, was daily
  10329. increased by the addition of new possessions. From the time of Nero, six
  10330. individuals were the sole proprietors of one-half of Roman Africa. In
  10331. the fifth century, the wealthy families had incomes of no less than
  10332. two millions: some possessed as many as twenty thousand slaves. All
  10333. the authors who have written upon the causes of the fall of the Roman
  10334. republic concur.
  10335. M. Giraud of Aix [55] quotes the testimony of Cicero, Seneca, Plutarch,
  10336. Olympiodorus, and Photius. Under Vespasian and Titus, Pliny, the
  10337. naturalist, exclaimed: "Large estates have ruined Italy, and are ruining
  10338. the provinces."
  10339. But it never has been understood that the extension of property was
  10340. effected then, as it is to-day, under the aegis of the law, and by
  10341. virtue of the constitution. When the Senate sold captured lands at
  10342. auction, it was in the interest of the treasury and of public welfare.
  10343. When the patricians bought up possessions and property, they realized
  10344. the purpose of the Senate's decrees; when they lent at high rates of
  10345. interest, they took advantage of a legal privilege. "Property," said the
  10346. lender, "is the right to enjoy even to the extent of abuse, _jus utendi
  10347. et abutendi_; that is, the right to lend at interest,--to lease, to
  10348. acquire, and then to lease and lend again." But property is also the
  10349. right to exchange, to transfer, and to sell. If, then, the social
  10350. condition is such that the proprietor, ruined by usury, may be compelled
  10351. to sell his possession, the means of his subsistence, he will sell
  10352. it; and, thanks to the law, accumulated property--devouring and
  10353. anthropophagous property--will be established.[56]
  10354. The immediate and secondary cause of the decline of the Romans
  10355. was, then, the internal dissensions between the two orders of the
  10356. republic,--the patricians and the plebeians,--dissensions which gave
  10357. rise to civil wars, proscriptions, and loss of liberty, and finally led
  10358. to the empire; but the primary and mediate cause of their decline was
  10359. the establishment by Numa of the institution of property.
  10360. I end with an extract from a work which I have quoted several times
  10361. already, and which has recently received a prize from the Academy of
  10362. Moral and Political Sciences:--
  10363. "The concentration of property," says M. Laboulaye, "while causing
  10364. extreme poverty, forced the emperors to feed and amuse the people, that
  10365. they might forget their misery. _Panem et circenses:_ that was the Roman
  10366. law in regard to the poor; a dire and perhaps a necessary evil wherever
  10367. a landed aristocracy exists.
  10368. "To feed these hungry mouths, grain was brought from Africa and the
  10369. provinces, and distributed gratuitously among the needy. In the time of
  10370. Caesar, three hundred and twenty thousand people were thus fed. Augustus
  10371. saw that such a measure led directly to the destruction of husbandry;
  10372. but to abolish these distributions was to put a weapon within the reach
  10373. of the first aspirant for power.
  10374. "The emperor shrank at the thought.
  10375. "While grain was gratuitous, agriculture was impossible. Tillage gave
  10376. way to pasturage, another cause of depopulation, even among slaves.
  10377. "Finally, luxury, carried further and further every day, covered the
  10378. soil of Italy with elegant villas, which occupied whole cantons. Gardens
  10379. and groves replaced the fields, and the free population fled to the
  10380. towns. Husbandry disappeared almost entirely, and with husbandry the
  10381. husbandman. Africa furnished the wheat, and Greece the wine. Tiberius
  10382. complained bitterly of this evil, which placed the lives of the Roman
  10383. people at the mercy of the winds and waves: that was his anxiety. One
  10384. day later, and three hundred thousand starving men walked the streets of
  10385. Rome: that was a revolution.
  10386. "This decline of Italy and the provinces did not stop. After the
  10387. reign of Nero, depopulation commenced in towns as noted as Antium and
  10388. Tarentum. Under the reign of Pertinax, there was so much desert land
  10389. that the emperor abandoned it, even that which belonged to the treasury,
  10390. to whoever would cultivate it, besides exempting the farmers from
  10391. taxation for a period of ten years. Senators were compelled to invest
  10392. one-third of their fortunes in real estate in Italy; but this measure
  10393. served only to increase the evil which they wished to cure. To force
  10394. the rich to possess in Italy was to increase the large estates which
  10395. had ruined the country. And must I say, finally, that Aurelian wished to
  10396. send the captives into the desert lands of Etruria, and that Valentinian
  10397. was forced to settle the Alamanni on the fertile banks of the Po?"
  10398. If the reader, in running through this book, should complain of meeting
  10399. with nothing but quotations from other works, extracts from journals
  10400. and public lectures, comments upon laws, and interpretations of them, I
  10401. would remind him that the very object of this memoir is to establish the
  10402. conformity of my opinion concerning property with that universally held;
  10403. that, far from aiming at a paradox, it has been my main study to follow
  10404. the advice of the world; and, finally, that my sole pretension is to
  10405. clearly formulate the general belief. I cannot repeat it too often,--and
  10406. I confess it with pride,--I teach absolutely nothing that is new; and I
  10407. should regard the doctrine which I advocate as radically erroneous, if a
  10408. single witness should testify against it.
  10409. Let us now trace the revolutions in property among the Barbarians.
  10410. As long as the German tribes dwelt in their forests, it did not occur
  10411. to them to divide and appropriate the soil. The land was held in common:
  10412. each individual could plow, sow, and reap. But, when the empire was once
  10413. invaded, they bethought themselves of sharing the land, just as
  10414. they shared spoils after a victory. "Hence," says M. Laboulaye, "the
  10415. expressions _sortes Burgundiorum Gothorum_ and {GREEK, ' k }; hence the
  10416. German words _allod_, allodium, and _loos_, lot, which are used in all
  10417. modern languages to designate the gifts of chance."
  10418. Allodial property, at least with the mass of coparceners, was originally
  10419. held, then, in equal shares; for all of the prizes were equal, or, at
  10420. least, equivalent. This property, like that of the Romans, was wholly
  10421. individual, independent, exclusive, transferable, and consequently
  10422. susceptible of accumulation and invasion. But, instead of its being, as
  10423. was the case among the Romans, the large estate which, through
  10424. increase and usury, subordinated and absorbed the small one, among
  10425. the Barbarians--fonder of war than of wealth, more eager to dispose
  10426. of persons than to appropriate things--it was the warrior who, through
  10427. superiority of arms, enslaved his adversary. The Roman wanted matter;
  10428. the Barbarian wanted man. Consequently, in the feudal ages, rents were
  10429. almost nothing,--simply a hare, a partridge, a pie, a few pints of wine
  10430. brought by a little girl, or a Maypole set up within the suzerain's
  10431. reach. In return, the vassal or incumbent had to follow the seignior
  10432. to battle (a thing which happened almost every day), and equip and feed
  10433. himself at his own expense. "This spirit of the German tribes--this
  10434. spirit of companionship and association--governed the territory as it
  10435. governed individuals. The lands, like the men, were secured to a chief
  10436. or seignior by a bond of mutual protection and fidelity. This subjection
  10437. was the labor of the German epoch which gave birth to feudalism. By fair
  10438. means or foul, every proprietor who could not be a chief was forced to
  10439. be a vassal." (Laboulaye: History of Property.)
  10440. By fair means or foul, every mechanic who cannot be a master has to be
  10441. a journeyman; every proprietor who is not an invader will be invaded;
  10442. every producer who cannot, by the exploitation of other men, furnish
  10443. products at less than their proper value, will lose his labor.
  10444. Corporations and masterships, which are hated so bitterly, but which
  10445. will reappear if we are not careful, are the necessary results of
  10446. the principle of competition which is inherent in property; their
  10447. organization was patterned formerly after that of the feudal hierarchy,
  10448. which was the result of the subordination of men and possessions.
  10449. The times which paved the way for the advent of feudalism and the
  10450. reappearance of large proprietors were times of carnage and the most
  10451. frightful anarchy. Never before had murder and violence made such havoc
  10452. with the human race. The tenth century, among others, if my memory
  10453. serves me rightly, was called the CENTURY OF IRON. His property, his
  10454. life, and the honor of his wife and children always in danger the
  10455. small proprietor made haste to do homage to his seignior, and to
  10456. bestow something on the church of his freehold, that he might receive
  10457. protection and security.
  10458. "Both facts and laws bear witness that from the sixth to the tenth
  10459. century the proprietors of small freeholds were gradually plundered,
  10460. or reduced by the encroachments of large proprietors and counts to the
  10461. condition of either vassals or tributaries. The Capitularies are full
  10462. of repressive provisions; but the incessant reiteration of these
  10463. threats only shows the perseverance of the evil and the impotency of the
  10464. government. Oppression, moreover, varies but little in its methods. The
  10465. complaints of the free proprietors, and the groans of the plebeians
  10466. at the time of the Gracchi, were one and the same. It is said that,
  10467. whenever a poor man refused to give his estate to the bishop, the
  10468. curate, the count, the judge, or the centurion, these immediately sought
  10469. an opportunity to ruin him. They made him serve in the army until,
  10470. completely ruined, he was induced, by fair means or foul, to give up his
  10471. freehold."--Laboulaye: History of Property.
  10472. How many small proprietors and manufacturers have not been ruined by
  10473. large ones through chicanery, law-suits, and competition? Strategy,
  10474. violence, and usury,--such are the proprietor's methods of plundering
  10475. the laborer.
  10476. Thus we see property, at all ages and in all its forms, oscillating by
  10477. virtue of its principle between two opposite terms,--extreme division
  10478. and extreme accumulation.
  10479. Property, at its first term, is almost null. Reduced to personal
  10480. exploitation, it is property only potentially. At its second term, it
  10481. exists in its perfection; then it is truly property.
  10482. When property is widely distributed, society thrives, progresses, grows,
  10483. and rises quickly to the zenith of its power. Thus, the Jews, after
  10484. leaving Babylon with Esdras and Nehemiah, soon became richer and more
  10485. powerful than they had been under their kings. Sparta was in a strong
  10486. and prosperous condition during the two or three centuries which
  10487. followed the death of Lycurgus. The best days of Athens were those of
  10488. the Persian war; Rome, whose inhabitants were divided from the beginning
  10489. into two classes,--the exploiters and the exploited,--knew no such thing
  10490. as peace.
  10491. When property is concentrated, society, abusing itself, polluted, so
  10492. to speak, grows corrupt, wears itself out--how shall I express this
  10493. horrible idea?--plunges into long-continued and fatal luxury.
  10494. When feudalism was established, society had to die of the same disease
  10495. which killed it under the Caesars,--I mean accumulated property. But
  10496. humanity, created for an immortal destiny, is deathless; the revolutions
  10497. which disturb it are purifying crises, invariably followed by more
  10498. vigorous health. In the fifth century, the invasion of the Barbarians
  10499. partially restored the world to a state of natural equality. In the
  10500. twelfth century, a new spirit pervading all society gave the slave his
  10501. rights, and through justice breathed new life into the heart of nations.
  10502. It has been said, and often repeated, that Christianity regenerated the
  10503. world. That is true; but it seems to me that there is a mistake in
  10504. the date. Christianity had no influence upon Roman society; when the
  10505. Barbarians came, that society had disappeared. For such is God's curse
  10506. upon property; every political organization based upon the exploitation
  10507. of man, shall perish: slave-labor is death to the race of tyrants. The
  10508. patrician families became extinct, as the feudal families did, and as
  10509. all aristocracies must.
  10510. It was in the middle ages, when a reactionary movement was beginning
  10511. to secretly undermine accumulated property, that the influence of
  10512. Christianity was first exercised to its full extent.
  10513. The destruction of feudalism, the conversion of the serf into the
  10514. commoner, the emancipation of the communes, and the admission of the
  10515. Third Estate to political power, were deeds accomplished by Christianity
  10516. exclusively. I say Christianity, not ecclesiasticism; for the priests
  10517. and bishops were themselves large proprietors, and as such often
  10518. persecuted the villeins. Without the Christianity of the middle ages,
  10519. the existence of modern society could not be explained, and would not be
  10520. possible.
  10521. The truth of this assertion is shown by the very facts which M.
  10522. Laboulaye quotes, although this author inclines to the opposite opinion.
  10523. [57]
  10524. Now, we did not commence to love God and to think of our salvation until
  10525. after the promulgation of the Gospel.
  10526. 1. Slavery among the Romans.--"The Roman slave was, in the eyes of
  10527. the law, only a thing,--no more than an ox or a horse. He had neither
  10528. property, family, nor personality; he was defenceless against his
  10529. master's cruelty, folly, or cupidity. 'Sell your oxen that are past
  10530. use,' said Cato, 'sell your calves, your lambs, your wool, your hides,
  10531. your old ploughs, your old iron, your old slave, and your sick slave,
  10532. and all that is of no use to you.' When no market could be found for the
  10533. slaves that were worn out by sickness or old age, they were abandoned to
  10534. starvation. Claudius was the first defender of this shameful practice."
  10535. "Discharge your old workman," says the economist of the proprietary
  10536. school; "turn off that sick domestic, that toothless and worn-out
  10537. servant. Put away the unserviceable beauty; to the hospital with the
  10538. useless mouths!"
  10539. "The condition of these wretched beings improved but little under the
  10540. emperors; and the best that can be said of the goodness of Antoninus
  10541. is that he prohibited intolerable cruelty, as an ABUSE OF PROPERTY.
  10542. _Expedit enim reipublicae ne quis re re sua male utatur_, says Gaius.
  10543. "As soon as the Church met in council, it launched an anathema against
  10544. the masters who had exercised over their slaves this terrible right of
  10545. life and death. Were not the slaves, thanks to the right of sanctuary
  10546. and to their poverty, the dearest proteges of religion? Constantine, who
  10547. embodied in the laws the grand ideas of Christianity, valued the life of
  10548. a slave as highly as that of a freeman, and declared the master, who had
  10549. intentionally brought death upon his slave, guilty of murder. Between
  10550. this law and that of Antoninus there is a complete revolution in moral
  10551. ideas: the slave was a thing; religion has made him a man."
  10552. Note the last words: "Between the law of the Gospel and that of
  10553. Antoninus there is a complete revolution in moral ideas: the slave was
  10554. a thing; religion has made him a man." The moral revolution which
  10555. transformed the slave into a citizen was effected, then, by Christianity
  10556. before the Barbarians set foot upon the soil of the empire. We have
  10557. only to trace the progress of this MORAL revolution in the PERSONNEL
  10558. of society. "But," M. Laboulaye rightly says, "it did not change the
  10559. condition of men in a moment, any more than that of things; between
  10560. slavery and liberty there was an abyss which could not be filled in a
  10561. day; the transitional step was servitude."
  10562. Now, what was servitude? In what did it differ from Roman slavery, and
  10563. whence came this difference? Let the same author answer.
  10564. 2. Of servitude.--"I see, in the lord's manor, slaves charged with
  10565. domestic duties. Some are employed in the personal service of the
  10566. master; others are charged with household cares. The women spin the
  10567. wool; the men grind the grain, make the bread, or practise, in the
  10568. interest of the seignior, what little they know of the industrial arts.
  10569. The master punishes them when he chooses, kills them with impunity, and
  10570. sells them and theirs like so many cattle. The slave has no personality,
  10571. and consequently no _wehrgeld_ [59] peculiar to himself: he is a thing.
  10572. The _wehrgeld_ belongs to the master as a compensation for the loss of
  10573. his property. Whether the slave is killed or stolen, the indemnity does
  10574. not change, for the injury is the same; but the indemnity increases or
  10575. diminishes according to the value of the serf. In all these particulars
  10576. Germanic slavery and Roman servitude are alike."
  10577. This similarity is worthy of notice. Slavery is always the same, whether
  10578. in a Roman villa or on a Barbarian farm. The man, like the ox and the
  10579. ass, is a part of the live-stock; a price is set upon his head; he is a
  10580. tool without a conscience, a chattel without personality, an impeccable,
  10581. irresponsible being, who has neither rights nor duties.
  10582. Why did his condition improve?
  10583. "In good season..." [when?] "the serf began to be regarded as a man;
  10584. and, as such, the law of the Visigoths, under the influence of Christian
  10585. ideas, punished with fine or banishment any one who maimed or killed
  10586. him."
  10587. Always Christianity, always religion, though we should like to speak
  10588. of the laws only. Did the philanthropy of the Visigoths make its first
  10589. appearance before or after the preaching of the Gospel? This point must
  10590. be cleared up.
  10591. "After the conquest, the serfs were scattered over the large estates
  10592. of the Barbarians, each having his house, his lot, and his peculium, in
  10593. return for which he paid rent and performed service. They were rarely
  10594. separated from their homes when their land was sold; they and all that
  10595. they had became the property of the purchaser. The law favored this
  10596. realization of the serf, in not allowing him to be sold out of the
  10597. country."
  10598. What inspired this law, destructive not only of slavery, but of property
  10599. itself? For, if the master cannot drive from his domain the slave whom
  10600. he has once established there, it follows that the slave is proprietor,
  10601. as well as the master.
  10602. "The Barbarians," again says M. Laboulaye, "were the first to recognize
  10603. the slave's rights of family and property,--two rights which are
  10604. incompatible with slavery."
  10605. But was this recognition the necessary result of the mode of servitude
  10606. in vogue among the Germanic nations previous to their conversion to
  10607. Christianity, or was it the immediate effect of that spirit of justice
  10608. infused with religion, by which the seignior was forced to respect in
  10609. the serf a soul equal to his own, a brother in Jesus Christ, purified by
  10610. the same baptism, and redeemed by the same sacrifice of the Son of God
  10611. in the form of man? For we must not close our eyes to the fact that,
  10612. though the Barbarian morals and the ignorance and carelessness of the
  10613. seigniors, who busied themselves mainly with wars and battles, paying
  10614. little or no attention to agriculture, may have been great aids in
  10615. the emancipation of the serfs, still the vital principle of this
  10616. emancipation was essentially Christian. Suppose that the Barbarians had
  10617. remained Pagans in the midst of a Pagan world. As they did not change
  10618. the Gospel, so they would not have changed the polytheistic customs;
  10619. slavery would have remained what it was; they would have continued to
  10620. kill the slaves who were desirous of liberty, family, and property;
  10621. whole nations would have been reduced to the condition of Helots;
  10622. nothing would have changed upon the terrestrial stage, except the
  10623. actors. The Barbarians were less selfish, less imperious, less
  10624. dissolute, and less cruel than the Romans. Such was the nature upon
  10625. which, after the fall of the empire and the renovation of society,
  10626. Christianity was to act. But this nature, grounded as in former times
  10627. upon slavery and war, would, by its own energy, have produced nothing
  10628. but war and slavery.
  10629. "GRADUALLY the serfs obtained the privilege of being judged by the same
  10630. standard as their masters...."
  10631. When, how, and by what title did they obtain this privilege?
  10632. "GRADUALLY their duties were regulated."
  10633. Whence came the regulations? Who had the authority to introduce them?
  10634. "The master took a part of the labor of the serf,--three days, for
  10635. instance,--and left the rest to him. As for Sunday, that belonged to
  10636. God."
  10637. And what established Sunday, if not religion? Whence I infer, that
  10638. the same power which took it upon itself to suspend hostilities and
  10639. to lighten the duties of the serf was also that which regulated the
  10640. judiciary and created a sort of law for the slave.
  10641. But this law itself, on what did it bear?--what was its principle?--what
  10642. was the philosophy of the councils and popes with reference to this
  10643. matter? The reply to all these questions, coming from me alone, would
  10644. be distrusted. The authority of M. Laboulaye shall give credence to my
  10645. words. This holy philosophy, to which the slaves were indebted for every
  10646. thing, this invocation of the Gospel, was an anathema against property.
  10647. The proprietors of small freeholds, that is, the freemen of the middle
  10648. class, had fallen, in consequence of the tyranny of the nobles, into a
  10649. worse condition than that of the tenants and serfs. "The expenses of war
  10650. weighed less heavily upon the serf than upon the freeman; and, as for
  10651. legal protection, the seigniorial court, where the serf was judged by
  10652. his peers, was far preferable to the cantonal assembly. It was better to
  10653. have a noble for a seignior than for a judge."
  10654. So it is better to-day to have a man of large capital for an associate
  10655. than for a rival. The honest tenant--the laborer who earns weekly a
  10656. moderate but constant salary--is more to be envied than the independent
  10657. but small farmer, or the poor licensed mechanic.
  10658. At that time, all were either seigniors or serfs, oppressors or
  10659. oppressed. "Then, under the protection of convents, or of the
  10660. seigniorial turret, new societies were formed, which silently spread
  10661. over the soil made fertile by their hands, and which derived their power
  10662. from the annihilation of the free classes whom they enlisted in their
  10663. behalf. As tenants, these men acquired, from generation to generation,
  10664. sacred rights over the soil which they cultivated in the interest of
  10665. lazy and pillaging masters. As fast as the social tempest abated, it
  10666. became necessary to respect the union and heritage of these villeins,
  10667. who by their labor had truly prescribed the soil for their own profit."
  10668. I ask how prescription could take effect where a contrary title and
  10669. possession already existed? M. Laboulaye is a lawyer. Where, then, did
  10670. he ever see the labor of the slave and the cultivation by the tenant
  10671. prescribe the soil for their own profit, to the detriment of a
  10672. recognized master daily acting as a proprietor? Let us not disguise
  10673. matters. As fast as the tenants and the serfs grew rich, they wished
  10674. to be independent and free; they commenced to associate, unfurl their
  10675. municipal banners, raise belfries, fortify their towns, and refuse to
  10676. pay their seigniorial dues. In doing these things they were perfectly
  10677. right; for, in fact, their condition was intolerable. But in law--I mean
  10678. in Roman and Napoleonic law--their refusal to obey and pay tribute to
  10679. their masters was illegitimate.
  10680. Now, this imperceptible usurpation of property by the commonalty was
  10681. inspired by religion.
  10682. The seignior had attached the serf to the soil; religion granted the
  10683. serf rights over the soil. The seignior imposed duties upon the serf;
  10684. religion fixed their limits. The seignior could kill the serf with
  10685. impunity, could deprive him of his wife, violate his daughter, pillage
  10686. his house, and rob him of his savings; religion checked his invasions:
  10687. it excommunicated the seignior. Religion was the real cause of the
  10688. ruin of feudal property. Why should it not be bold enough to-day to
  10689. resolutely condemn capitalistic property? Since the middle ages, there
  10690. has been no change in social economy except in its forms; its relations
  10691. remain unaltered.
  10692. The only result of the emancipation of the serfs was that property
  10693. changed hands; or, rather, that new proprietors were created. Sooner
  10694. or later the extension of privilege, far from curing the evil, was to
  10695. operate to the disadvantage of the plebeians. Nevertheless, the new
  10696. social organization did not meet with the same end in all places. In
  10697. Lombardy, for example, where the people rapidly growing rich through
  10698. commerce and industry soon conquered the authorities, even to the
  10699. exclusion of the nobles,--first, the nobility became poor and degraded,
  10700. and were forced, in order to live and maintain their credit, to gain
  10701. admission to the guilds; then, the ordinary subalternization of property
  10702. leading to inequality of fortunes, to wealth and poverty, to jealousies
  10703. and hatreds, the cities passed rapidly from the rankest democracy under
  10704. the yoke of a few ambitious leaders. Such was the fate of most of the
  10705. Lombardic cities,--Genoa, Florence, Bologna, Milan, Pisa, &c,.--which
  10706. afterwards changed rulers frequently, but which have never since risen
  10707. in favor of liberty. The people can easily escape from the tyranny of
  10708. despots, but they do not know how to throw off the effects of their own
  10709. despotism; just as we avoid the assassin's steel, while we succumb to a
  10710. constitutional malady. As soon as a nation becomes proprietor, either
  10711. it must perish, or a foreign invasion must force it again to begin its
  10712. evolutionary round. [59]
  10713. "The communes once organized, the kings treated them as superior
  10714. vassals. Now, just as the under vassal had no communication with the
  10715. king except through the direct vassal, so also the commoners could enter
  10716. no complaints except through the commune.
  10717. "Like causes produce like effects. Each commune became a small and
  10718. separate State, governed by a few citizens, who sought to extend their
  10719. authority over the others; who, in their turn, revenged themselves
  10720. upon the unfortunate inhabitants who had not the right of citizenship.
  10721. Feudalism in unemancipated countries, and oligarchy in the communes,
  10722. made nearly the same ravages. There were sub-associations, fraternities,
  10723. tradesmen's associations in the communes, and colleges in the
  10724. universities. The oppression was so great, that it was no rare thing to
  10725. see the inhabitants of a commune demanding its suppression...."--Meyer:
  10726. Judicial Institutions of Europe.
  10727. In France, the Revolution was much more gradual. The communes, in taking
  10728. refuge under the protection of the kings, had found them masters rather
  10729. than protectors. Their liberty had long since been lost, or, rather,
  10730. their emancipation had been suspended, when feudalism received its
  10731. death-blow at the hand of Richelieu. Then liberty halted; the prince of
  10732. the feudatories held sole and undivided sway. The nobles, the clergy,
  10733. the commoners, the parliaments, every thing in short except a few
  10734. seeming privileges, were controlled by the king; who, like his early
  10735. predecessors, consumed regularly, and nearly always in advance, the
  10736. revenues of his domain,--and that domain was France.
  10737. Finally, '89 arrived; liberty resumed its march; a century and a
  10738. half had been required to wear out the last form of feudal
  10739. property,--monarchy.
  10740. The French Revolution may be defined as _the substitution of real right
  10741. for personal right;_ that is to say, in the days of feudalism, the value
  10742. of property depended upon the standing of the proprietor, while, after
  10743. the Revolution, the regard for the man was proportional to his property.
  10744. Now, we have seen from what has been said in the preceding pages, that
  10745. this recognition of the right of laborers had been the constant aim of
  10746. the serfs and communes, the secret motive of their efforts. The movement
  10747. of '89 was only the last stage of that long insurrection. But it seems
  10748. to me that we have not paid sufficient attention to the fact that the
  10749. Revolution of 1789, instigated by the same causes, animated by the same
  10750. spirit, triumphing by the same struggles, was consummated in Italy four
  10751. centuries ago. Italy was the first to sound the signal of war against
  10752. feudalism; France has followed; Spain and England are beginning to move;
  10753. the rest still sleep. If a grand example should be given to the world,
  10754. the day of trial would be much abridged.
  10755. Note the following summary of the revolutions of property, from the days
  10756. of the Roman Empire down to the present time:--
  10757. 1. Fifth century.--Barbarian invasions; division of the lands of the
  10758. empire into independent portions or freeholds.
  10759. 2. From the fifth to the eighth century.--Gradual concentration of
  10760. freeholds, or transformation of the small freeholds into fiefs, feuds,
  10761. tenures, &c. Large properties, small possessions. Charlemagne (771-814)
  10762. decrees that all freeholds are dependent upon the king of France.
  10763. 3. From the eighth to the tenth century.--The relation between the crown
  10764. and the superior dependents is broken; the latter becoming freeholders,
  10765. while the smaller dependents cease to recognize the king, and adhere to
  10766. the nearest suzerain. Feudal system.
  10767. 4. Twelfth century.--Movement of the serfs towards liberty; emancipation
  10768. of the communes.
  10769. 5. Thirteenth century.--Abolition of personal right, and of the feudal
  10770. system in Italy. Italian Republics.
  10771. 6. Seventeenth century.--Abolition of feudalism in France during
  10772. Richelieu's ministry. Despotism.
  10773. 7. 1789.--Abolition of all privileges of birth, caste, provinces, and
  10774. corporations; equality of persons and of rights. French democracy.
  10775. 8. 1830.--The principle of concentration inherent in individual property
  10776. is REMARKED. Development of the idea of association.
  10777. The more we reflect upon this series of transformations and changes,
  10778. the more clearly we see that they were necessary in their principle, in
  10779. their manifestations, and in their result.
  10780. It was necessary that inexperienced conquerors, eager for liberty,
  10781. should divide the Roman Empire into a multitude of estates, as free and
  10782. independent as themselves.
  10783. It was necessary that these men, who liked war even better than liberty,
  10784. should submit to their leaders; and, as the freehold represented the
  10785. man, that property should violate property.
  10786. It was necessary that, under the rule of a nobility always idle when not
  10787. fighting, there should grow up a body of laborers, who, by the power
  10788. of production, and by the division and circulation of wealth, would
  10789. gradually gain control over commerce, industry, and a portion of the
  10790. land, and who, having become rich, would aspire to power and authority
  10791. also.
  10792. It was necessary, finally, that liberty and equality of rights having
  10793. been achieved, and individual property still existing, attended by
  10794. robbery, poverty, social inequality, and oppression, there should be
  10795. an inquiry into the cause of this evil, and an idea of universal
  10796. association formed, whereby, on condition of labor, all interests should
  10797. be protected and consolidated.
  10798. "Evil, when carried too far," says a learned jurist, "cures itself; and
  10799. the political innovation which aims to increase the power of the State,
  10800. finally succumbs to the effects of its own work. The Germans, to secure
  10801. their independence, chose chiefs; and soon they were oppressed by their
  10802. kings and noblemen. The monarchs surrounded themselves with volunteers,
  10803. in order to control the freemen; and they found themselves dependent
  10804. upon their proud vassals. The _missi dominici_ were sent into the
  10805. provinces to maintain the power of the emperors, and to protect the
  10806. people from the oppressions of the noblemen; and not only did they usurp
  10807. the imperial power to a great extent, but they dealt more severely with
  10808. the inhabitants. The freemen became vassals, in order to get rid of
  10809. military service and court duty; and they were immediately involved in
  10810. all the personal quarrels of their seigniors, and compelled to do
  10811. jury duty in their courts.... The kings protected the cities and
  10812. the communes, in the hope of freeing them from the yoke of the grand
  10813. vassals, and of rendering their own power more absolute; and those same
  10814. communes have, in several European countries, procured the establishment
  10815. of a constitutional power, are now holding royalty in check, and
  10816. are giving rise to a universal desire for political reform."--Meyer:
  10817. Judicial Institutions of Europe.
  10818. In recapitulation.
  10819. What was feudalism? A confederation of the grand seign iors against the
  10820. villeins, and against the king. [60] What is constitutional government?
  10821. A confederation of the bourgeoisie against the laborers, and against the
  10822. king. [61]
  10823. How did feudalism end? In the union of the communes and the royal
  10824. authority. How will the bourgeoisie aristocracy end? In the union of the
  10825. proletariat and the sovereign power.
  10826. What was the immediate result of the struggle of the communes and the
  10827. king against the seigniors? The monarchical unity of Louis XIV. What
  10828. will be the result of the struggle of the proletariat and the sovereign
  10829. power combined against the bourgeoisie? The absolute unity of the nation
  10830. and the government.
  10831. It remains to be seen whether the nation, one and supreme, will be
  10832. represented in its executive and central power by ONE, by FIVE, by ONE
  10833. HUNDRED, or ONE THOUSAND; that is, it remains to be seen, whether the
  10834. royalty of the barricades intends to maintain itself by the people, or
  10835. without the people, and whether Louis Philippe wishes his reign to be
  10836. the most famous in all history.
  10837. I have made this statement as brief, but at the same time as accurate
  10838. as I could, neglecting facts and details, that I might give the more
  10839. attention to the economical relations of society. For the study of
  10840. history is like the study of the human organism; just as the latter
  10841. has its system, its organs, and its functions, which can be treated
  10842. separately, so the former has its ensemble, its instruments, and its
  10843. causes. Of course I do not pretend that the principle of property is
  10844. a complete resume of all the social forces; but, as in that wonderful
  10845. machine which we call our body, the harmony of the whole allows us to
  10846. draw a general conclusion from the consideration of a single function or
  10847. organ, so, in discussing historical causes, I have been able to reason
  10848. with absolute accuracy from a single order of facts, certain as I was
  10849. of the perfect correlation which exists between this special order and
  10850. universal history. As is the property of a nation, so is its family,
  10851. its marriage, its religion, its civil and military organization, and
  10852. its legislative and judicial institutions. History, viewed from this
  10853. standpoint, is a grand and sublime psychological study.
  10854. Well, sir, in writing against property, have I done more than quote the
  10855. language of history? I have said to modern society,--the daughter and
  10856. heiress of all preceding societies,--_Age guod agis:_ complete the
  10857. task which for six thousand years you have been executing under the
  10858. inspiration and by the command of God; hasten to finish your journey;
  10859. turn neither to the right nor the left, but follow the road which lies
  10860. before you. You seek reason, law, unity, and discipline; but hereafter
  10861. you can find them only by stripping off the veils of your infancy, and
  10862. ceasing to follow instinct as a guide. Awaken your sleeping conscience;
  10863. open your eyes to the pure light of reflection and science; behold the
  10864. phantom which troubled your dreams, and so long kept you in a state of
  10865. unutterable anguish. Know thyself, O long-deluded society[1] know thy
  10866. enemy!... And I have denounced property.
  10867. We often hear the defenders of the right of domain quote in defence of
  10868. their views the testimony of nations and ages. We can judge, from what
  10869. has just been said, how far this historical argument conforms to the
  10870. real facts and the conclusions of science.
  10871. To complete this apology, I must examine the various theories.
  10872. Neither politics, nor legislation, nor history, can be explained and
  10873. understood, without a positive theory which defines their elements,
  10874. and discovers their laws; in short, without a philosophy. Now, the two
  10875. principal schools, which to this day divide the attention of the world,
  10876. do not satisfy this condition.
  10877. The first, essentially PRACTICAL in its character, confined to a
  10878. statement of facts, and buried in learning, cares very little by what
  10879. laws humanity develops itself. To it these laws are the secret of the
  10880. Almighty, which no one can fathom without a commission from on high.
  10881. In applying the facts of history to government, this school does not
  10882. reason; it does not anticipate; it makes no comparison of the past with
  10883. the present, in order to predict the future. In its opinion, the
  10884. lessons of experience teach us only to repeat old errors, and its whole
  10885. philosophy consists in perpetually retracing the tracks of antiquity,
  10886. instead of going straight ahead forever in the direction in which they
  10887. point.
  10888. The second school may be called either FATALISTIC or PANTHEISTIC. To
  10889. it the movements of empires and the revolutions of humanity are the
  10890. manifestations, the incarnations, of the Almighty. The human race,
  10891. identified with the divine essence, wheels in a circle of appearances,
  10892. informations, and destructions, which necessarily excludes the idea of
  10893. absolute truth, and destroys providence and liberty.
  10894. Corresponding to these two schools of history, there are two schools
  10895. of jurisprudence, similarly opposed, and possessed of the same
  10896. peculiarities.
  10897. 1. The practical and conventional school, to which the law is always a
  10898. creation of the legislator, an expression of his will, a privilege
  10899. which he condescends to grant,--in short, a gratuitous affirmation to be
  10900. regarded as judicious and legitimate, no matter what it declares.
  10901. 2. The fatalistic and pantheistic school, sometimes called the
  10902. historical school, which opposes the despotism of the first, and
  10903. maintains that law, like literature and religion, is always the
  10904. expression of society,--its manifestation, its form, the external
  10905. realization of its mobile spirit and its ever-changing inspirations.
  10906. Each of these schools, denying the absolute, rejects thereby all
  10907. positive and a priori philosophy.
  10908. Now, it is evident that the theories of these two schools, whatever view
  10909. we take of them, are utterly unsatisfactory: for, opposed, they form no
  10910. dilemma,--that is, if one is false, it does not follow that the other
  10911. is true; and, united, they do not constitute the truth, since they
  10912. disregard the absolute, without which there is no truth. They are
  10913. respectively a THESIS and an ANTITHESIS. There remains to be found,
  10914. then, a SYNTHESIS, which, predicating the absolute, justifies the will
  10915. of the legislator, explains the variations of the law, annihilates
  10916. the theory of the circular movement of humanity, and demonstrates its
  10917. progress.
  10918. The legists, by the very nature of their studies and in spite of their
  10919. obstinate prejudices, have been led irresistibly to suspect that the
  10920. absolute in the science of law is not as chimerical as is commonly
  10921. supposed; and this suspicion arose from their comparison of the various
  10922. relations which legislators have been called upon to regulate.
  10923. M. Laboulaye, the laureate of the Institute, begins his "History of
  10924. Property" with these words:--
  10925. "While the law of contract, which regulates only the mutual interests of
  10926. men, has not varied for centuries (except in certain forms which relate
  10927. more to the proof than to the character of the obligation), the civil
  10928. law of property, which regulates the mutual relations of citizens, has
  10929. undergone several radical changes, and has kept pace in its variations
  10930. with all the vicissitudes of society. The law of contract, which holds
  10931. essentially to those principles of eternal justice which are engraven
  10932. upon the depths of the human heart, is the immutable element of
  10933. jurisprudence, and, in a certain sense, its philosophy. Property, on
  10934. the contrary, is the variable element of jurisprudence, its history, its
  10935. policy."
  10936. Marvellous! There is in law, and consequently in politics, something
  10937. variable and something invariable. The invariable element is obligation,
  10938. the bond of justice, duty; the variable element is property,--that is,
  10939. the external form of law, the subject-matter of the contract. Whence
  10940. it follows that the law can modify, change, reform, and judge property.
  10941. Reconcile that, if you can, with the idea of an eternal, absolute,
  10942. permanent, and indefectible right.
  10943. However, M. Laboulaye is in perfect accord with himself when he adds,
  10944. "Possession of the soil rests solely upon force until society takes it
  10945. in hand, and espouses the cause of the possessor;" [62] and, a little
  10946. farther, "The right of property is not natural, but social. The laws not
  10947. only protect property: they give it birth," &c. Now, that which the
  10948. law has made the law can unmake; especially since, according to
  10949. M. Laboulaye,--an avowed partisan of the historical or pantheistic
  10950. school,--the law is not absolute, is not an idea, but a form.
  10951. But why is it that property is variable, and, unlike obligation,
  10952. incapable of definition and settlement? Before affirming, somewhat
  10953. boldly without doubt, that in right there are no absolute principles
  10954. (the most dangerous, most immoral, most tyrannical--in a word, most
  10955. anti-social--assertion imaginable), it was proper that the right of
  10956. property should be subjected to a thorough examination, in order to put
  10957. in evidence its variable, arbitrary, and contingent elements, and
  10958. those which are eternal, legitimate, and absolute; then, this operation
  10959. performed, it became easy to account for the laws, and to correct all
  10960. the codes.
  10961. Now, this examination of property I claim to have made, and in the
  10962. fullest detail; but, either from the public's lack of interest in
  10963. an unrecommended and unattractive pamphlet, or--which is more
  10964. probable--from the weakness of exposition and want of genius which
  10965. characterize the work, the First Memoir on Property passed unnoticed;
  10966. scarcely would a few communists, having turned its leaves, deign to
  10967. brand it with their disapprobation. You alone, sir, in spite of the
  10968. disfavor which I showed for your economical predecessors in too severe
  10969. a criticism of them,--you alone have judged me justly; and although I
  10970. cannot accept, at least literally, your first judgment, yet it is to
  10971. you alone that I appeal from a decision too equivocal to be regarded as
  10972. final.
  10973. It not being my intention to enter at present into a discussion of
  10974. principles, I shall content myself with estimating, from the point of
  10975. view of this simple and intelligible absolute, the theories of property
  10976. which our generation has produced.
  10977. The most exact idea of property is given us by the Roman law, faithfully
  10978. followed in this particular by the ancient legists. It is the absolute,
  10979. exclusive, autocratic domain of a man over a thing,--a domain which
  10980. begins by USUCAPTION, is maintained by POSSESSION, and finally, by the
  10981. aid of PRESCRIPTION, finds its sanction in the civil law; a domain which
  10982. so identifies the man with the thing, that the proprietor can say, "He
  10983. who uses my field, virtually compels me to labor for him; therefore he
  10984. owes me compensation."
  10985. I pass in silence the secondary modes by which property can be
  10986. acquired,--_tradition, sale, exchange, inheritance_, &c.,--which have
  10987. nothing in common with the origin of property.
  10988. Accordingly, Pothier said THE DOMAIN OF PROPERTY, and not simply
  10989. PROPERTY. And the most learned writers on jurisprudence--in imitation
  10990. of the Roman praetor who recognized a RIGHT OF PROPERTY and a RIGHT
  10991. OF POSSESSION--have carefully distinguished between the DOMAIN and the
  10992. right of USUFRUCT, USE, and HABITATION, which, reduced to its natural
  10993. limits, is the very expression of justice; and which is, in my opinion,
  10994. to supplant domanial property, and finally form the basis of all
  10995. jurisprudence.
  10996. But, sir, admire the clumsiness of systems, or rather the fatality of
  10997. logic! While the Roman law and all the savants inspired by it teach that
  10998. property in its origin is the right of first occupancy sanctioned by
  10999. law, the modern legists, dissatisfied with this brutal definition, claim
  11000. that property is based upon LABOR. Immediately they infer that he who no
  11001. longer labors, but makes another labor in his stead, loses his right to
  11002. the earnings of the latter. It is by virtue of this principle that
  11003. the serfs of the middle ages claimed a legal right to property, and
  11004. consequently to the enjoyment of political rights; that the clergy were
  11005. despoiled in '89 of their immense estates, and were granted a pension
  11006. in exchange; that at the restoration the liberal deputies opposed the
  11007. indemnity of one billion francs. "The nation," said they, "has acquired
  11008. by twenty-five years of labor and possession the property which the
  11009. emigrants forfeited by abandonment and long idleness: why should the
  11010. nobles be treated with more favor than the priests?" [63]
  11011. This position is quite in harmony with my principles, and I heartily
  11012. applaud the indignation of M. Lerminier; but I do not know that a
  11013. proprietor was ever deprived of his property because UNWORTHY; and as
  11014. reasonable, social, and even useful as the thing may seem, it is quite
  11015. contrary to the uses and customs of property.
  11016. All usurpations, not born of war, have been caused and supported by
  11017. labor. All modern history proves this, from the end of the Roman empire
  11018. down to the present day. And as if to give a sort of legal sanction to
  11019. these usurpations, the doctrine of labor, subversive of property,
  11020. is professed at great length in the Roman law under the name of
  11021. PRESCRIPTION.
  11022. The man who cultivates, it has been said, makes the land his own;
  11023. consequently, no more property. This was clearly seen by the old
  11024. jurists, who have not failed to denounce this novelty; while on the
  11025. other hand the young school hoots at the absurdity of the first-occupant
  11026. theory. Others have presented themselves, pretending to reconcile
  11027. the two opinions by uniting them. They have failed, like all the
  11028. _juste-milieux_ of the world, and are laughed at for their eclecticism.
  11029. At present, the alarm is in the camp of the old doctrine; from all sides
  11030. pour IN DEFENCES OF PROPERTY, STUDIES REGARDING PROPERTY, THEORIES OF
  11031. PROPERTY, each one of which, giving the lie to the rest, inflicts a
  11032. fresh wound upon property.
  11033. Consider, indeed, the inextricable embarrassments, the contradictions,
  11034. the absurdities, the incredible nonsense, in which the bold defenders of
  11035. property so lightly involve themselves. I choose the eclectics, because,
  11036. those killed, the others cannot survive.
  11037. M. Troplong, jurist, passes for a philosopher in the eyes of the editors
  11038. of "Le Droit." I tell the gentlemen of "Le Droit" that, in the judgment
  11039. of philosophers, M. Troplong is only an advocate; and I prove my
  11040. assertion.
  11041. M. Troplong is a defender of progress. "The words of the code," says he,
  11042. "are fruitful sap with which the classic works of the eighteenth century
  11043. overflow. To wish to suppress them... is to violate the law of progress,
  11044. and to forget that a science which moves is a science which grows." [64]
  11045. Now, the only mutable and progressive portion of law, as we have already
  11046. seen, is that which concerns property. If, then, you ask what reforms
  11047. are to be introduced into the right of property? M. Troplong makes no
  11048. reply; what progress is to be hoped for? no reply; what is to be the
  11049. destiny of property in case of universal association? no reply; what is
  11050. the absolute and what the contingent, what the true and what the false,
  11051. in property? no reply. M. Troplong favors quiescence and _in statu
  11052. quo_ in regard to property. What could be more unphilosophical in a
  11053. progressive philosopher?
  11054. Nevertheless, M. Troplong has thought about these things. "There are,"
  11055. he says, "many weak points and antiquated ideas in the doctrines of
  11056. modern authors concerning property: witness the works of MM. Toullier
  11057. and Duranton." The doctrine of M. Troplong promises, then, strong
  11058. points, advanced and progressive ideas. Let us see; let us examine:--
  11059. "Man, placed in the presence of matter, is conscious of a power over it,
  11060. which has been given to him to satisfy the needs of his being. King
  11061. of inanimate or unintelligent nature, he feels that he has a right to
  11062. modify it, govern it, and fit it for his use. There it is, the subject
  11063. of property, which is legitimate only when exercised over things, never
  11064. when over persons."
  11065. M. Troplong is so little of a philosopher, that he does not even know
  11066. the import of the philosophical terms which he makes a show of using. He
  11067. says of matter that it is the SUBJECT of property; he should have said
  11068. the OBJECT. M. Troplong uses the language of the anatomists, who apply
  11069. the term SUBJECT to the human matter used in their experiments.
  11070. This error of our author is repeated farther on: "Liberty, which
  11071. overcomes matter, the subject of property, &c." The SUBJECT of
  11072. property is man; its OBJECT is matter. But even this is but a slight
  11073. mortification; directly we shall have some crucifixions.
  11074. Thus, according to the passage just quoted, it is in the conscience and
  11075. personality of man that the principle of property must be sought. Is
  11076. there any thing new in this doctrine? Apparently it never has occurred
  11077. to those who, since the days of Cicero and Aristotle, and earlier, have
  11078. maintained that THINGS BELONG TO THE FIRST OCCUPANT, that occupation may
  11079. be exercised by beings devoid of conscience and personality. The human
  11080. personality, though it may be the principle or the subject of property,
  11081. as matter is the object, is not the CONDITION. Now, it is this condition
  11082. which we most need to know. So far, M. Troplong tells us no more than
  11083. his masters, and the figures with which he adorns his style add nothing
  11084. to the old idea.
  11085. Property, then, implies three terms: The subject, the object, and the
  11086. condition. There is no difficulty in regard to the first two terms. As
  11087. to the third, the condition of property down to this day, for the Greek
  11088. as for the Barbarian, has been that of first occupancy. What now would
  11089. you have it, progressive doctor?
  11090. "When man lays hands for the first time upon an object without a
  11091. master, he performs an act which, among individuals, is of the greatest
  11092. importance. The thing thus seized and occupied participates, so to
  11093. speak, in the personality of him who holds it. It becomes sacred, like
  11094. himself. It is impossible to take it without doing violence to his
  11095. liberty, or to remove it without rashly invading his person. Diogenes
  11096. did but express this truth of intuition, when he said: 'Stand out of my
  11097. light!'"
  11098. Very good! but would the prince of cynics, the very personal and very
  11099. haughty Diogenes, have had the right to charge another cynic, as rent
  11100. for this same place in the sunshine, a bone for twenty-four hours of
  11101. possession? It is that which constitutes the proprietor; it is that
  11102. which you fail to justify. In reasoning from the human personality and
  11103. individuality to the right of property, you unconsciously construct
  11104. a syllogism in which the conclusion includes more than the premises,
  11105. contrary to the rules laid down by Aristotle. The individuality of
  11106. the human person proves INDIVIDUAL POSSESSION, originally called
  11107. _proprietas_, in opposition to collective possession, _communio_.
  11108. It gives birth to the distinction between THINE and MINE, true signs
  11109. of equality, not, by any means, of subordination. "From equivocation to
  11110. equivocation," says M. Michelet, [65] "property would crawl to the end
  11111. of the world; man could not limit it, were not he himself its limit.
  11112. Where they clash, there will be its frontier." In short, individuality
  11113. of being destroys the hypothesis of communism, but it does not for that
  11114. reason give birth to domain,--that domain by virtue of which the holder
  11115. of a thing exercises over the person who takes his place a right of
  11116. prestation and suzerainty, that has always been identified with property
  11117. itself.
  11118. Further, that he whose legitimately acquired possession injures nobody
  11119. cannot be nonsuited without flagrant injustice, is a truth, not of
  11120. INTUITION, as M. Troplong says, but of INWARD SENSATION, [66] which has
  11121. nothing to do with property.
  11122. M. Troplong admits, then, occupancy as a condition of property. In that,
  11123. he is in accord with the Roman law, in accord with MM. Toullier and
  11124. Duranton; but in his opinion this condition is not the only one, and it
  11125. is in this particular that his doctrine goes beyond theirs.
  11126. "But, however exclusive the right arising from sole occupancy, does it
  11127. not become still more so, when man has moulded matter by his labor;
  11128. when he has deposited in it a portion of himself, re-creating it by his
  11129. industry, and setting upon it the seal of his intelligence and activity?
  11130. Of all conquests, that is the most legitimate, for it is the price of
  11131. labor.
  11132. "He who should deprive a man of the thing thus remodelled, thus
  11133. humanized, would invade the man himself, and would inflict the deepest
  11134. wounds upon his liberty."
  11135. I pass over the very beautiful explanations in which M. Troplong,
  11136. discussing labor and industry, displays the whole wealth of his
  11137. eloquence. M. Troplong is not only a philosopher, he is an orator, an
  11138. artist. HE ABOUNDS WITH APPEALS TO THE CONSCIENCE AND THE PASSIONS. I
  11139. might make sad work of his rhetoric, should I undertake to dissect it;
  11140. but I confine myself for the present to his philosophy.
  11141. If M. Troplong had only known how to think and reflect, before
  11142. abandoning the original fact of occupancy and plunging into the theory
  11143. of labor, he would have asked himself: "What is it to occupy?" And he
  11144. would have discovered that OCCUPANCY is only a generic term by which
  11145. all modes of possession are expressed,--seizure, station, immanence,
  11146. habitation, cultivation, use, consumption, &c.; that labor,
  11147. consequently, is but one of a thousand forms of occupancy. He would have
  11148. understood, finally, that the right of possession which is born of labor
  11149. is governed by the same general laws as that which results from the
  11150. simple seizure of things. What kind of a legist is he who declaims when
  11151. he ought to reason, who continually mistakes his metaphors for legal
  11152. axioms, and who does not so much as know how to obtain a universal by
  11153. induction, and form a category?
  11154. If labor is identical with occupancy, the only benefit which it secures
  11155. to the laborer is the right of individual possession of the object of
  11156. his labor; if it differs from occupancy, it gives birth to a right equal
  11157. only to itself,--that is, a right which begins, continues, and ends,
  11158. with the labor of the occupant. It is for this reason, in the words of
  11159. the law, that one cannot acquire a just title to a thing by labor alone.
  11160. He must also hold it for a year and a day, in order to be regarded as
  11161. its possessor; and possess it twenty or thirty years, in order to become
  11162. its proprietor.
  11163. These preliminaries established, M. Troplong's whole structure falls of
  11164. its own weight, and the inferences, which he attempts to draw, vanish.
  11165. "Property once acquired by occupation and labor, it naturally preserves
  11166. itself, not only by the same means, but also by the refusal of the
  11167. holder to abdicate; for from the very fact that it has risen to the
  11168. height of a right, it is its nature to perpetuate itself and to last for
  11169. an indefinite period.... Rights, considered from an ideal point of
  11170. view, are imperishable and eternal; and time, which affects only the
  11171. contingent, can no more disturb them than it can injure God himself."
  11172. It is astonishing that our author, in speaking of the IDEAL, TIME, and
  11173. ETERNITY, did not work into his sentence the DIVINE WINGS of Plato,--so
  11174. fashionable to-day in philosophical works.
  11175. With the exception of falsehood, I hate nonsense more than any thing
  11176. else in the world. PROPERTY ONCE ACQUIRED! Good, if it is acquired; but,
  11177. as it is not acquired, it cannot be preserved. RIGHTS ARE ETERNAL! Yes,
  11178. in the sight of God, like the archetypal ideas of the Platonists. But,
  11179. on the earth, rights exist only in the presence of a subject, an object,
  11180. and a condition. Take away one of these three things, and rights no
  11181. longer exist. Thus, individual possession ceases at the death of the
  11182. subject, upon the destruction of the object, or in case of exchange or
  11183. abandonment.
  11184. Let us admit, however, with M. Troplong, that property is an absolute
  11185. and eternal right, which cannot be destroyed save by the deed and at
  11186. the will of the proprietor. What are the consequences which immediately
  11187. follow from this position?
  11188. To show the justice and utility of prescription, M. Troplong supposes
  11189. the case of a bona fide possessor whom a proprietor, long since
  11190. forgotten or even unknown, is attempting to eject from his possession.
  11191. "At the start, the error of the possessor was excusable but not
  11192. irreparable. Pursuing its course and growing old by degrees, it has
  11193. so completely clothed itself in the colors of truth, it has spoken
  11194. so loudly the language of right, it has involved so many confiding
  11195. interests, that it fairly may be asked whether it would not cause
  11196. greater confusion to go back to the reality than to sanction the
  11197. fictions which it (an error, without doubt) has sown on its way? Well,
  11198. yes; it must be confessed, without hesitation, that the remedy would
  11199. prove worse than the disease, and that its application would lead to the
  11200. most outrageous injustice."
  11201. How long since utility became a principle of law? When the Athenians, by
  11202. the advice of Aristides, rejected a proposition eminently advantageous
  11203. to their republic, but also utterly unjust, they showed finer moral
  11204. perception and greater clearness of intellect than M. Troplong. Property
  11205. is an eternal right, independent of time, indestructible except by the
  11206. act and at the will of the proprietor; and here this right is taken from
  11207. the proprietor, and on what ground? Good God! on the ground of ABSENCE!
  11208. Is it not true that legists are governed by caprice in giving and taking
  11209. away rights? When it pleases these gentlemen, idleness, unworthiness, or
  11210. absence can invalidate a right which, under quite similar circumstances,
  11211. labor, residence, and virtue are inadequate to obtain. Do not be
  11212. astonished that legists reject the absolute. Their good pleasure is law,
  11213. and their disordered imaginations are the real cause of the EVOLUTIONS
  11214. in jurisprudence.
  11215. "If the nominal proprietor should plead ignorance, his claim would be
  11216. none the more valid. Indeed, his ignorance might arise from inexcusable
  11217. carelessness, etc."
  11218. What! in order to legitimate dispossession through prescription, you
  11219. suppose faults in the proprietor! You blame his absence,--which may
  11220. have been involuntary; his neglect,--not knowing what caused it; his
  11221. carelessness,--a gratuitous supposition of your own! It is absurd. One
  11222. very simple observation suffices to annihilate this theory. Society,
  11223. which, they tell us, makes an exception in the interest of order in
  11224. favor of the possessor as against the old proprietor, owes the latter
  11225. an indemnity; since the privilege of prescription is nothing but
  11226. expropriation for the sake of public utility.
  11227. But here is something stronger:--
  11228. "In society a place cannot remain vacant with impunity. A new man arises
  11229. in place of the old one who disappears or goes away; he brings here his
  11230. existence, becomes entirely absorbed, and devotes himself to this post
  11231. which he finds abandoned. Shall the deserter, then, dispute the honor of
  11232. the victory with the soldier who fights with the sweat standing on his
  11233. brow, and bears the burden of the day, in behalf of a cause which he
  11234. deems just?"
  11235. When the tongue of an advocate once gets in motion, who can tell where
  11236. it will stop? M. Troplong admits and justifies usurpation in case of
  11237. the ABSENCE of the proprietor, and on a mere presumption of his
  11238. CARELESSNESS. But when the neglect is authenticated; when the
  11239. abandonment is solemnly and voluntarily set forth in a contract in the
  11240. presence of a magistrate; when the proprietor dares to say, "I cease to
  11241. labor, but I still claim a share of the product,"--then the absentee's
  11242. right of property is protected; the usurpation of the possessor would
  11243. be criminal; farm-rent is the reward of idleness. Where is, I do not say
  11244. the consistency, but, the honesty of this law?
  11245. Prescription is a result of the civil law, a creation of the legislator.
  11246. Why has not the legislator fixed the conditions differently?--why,
  11247. instead of twenty and thirty years, is not a single year sufficient to
  11248. prescribe?--why are not voluntary absence and confessed idleness as good
  11249. grounds for dispossession as involuntary absence, ignorance, or apathy?
  11250. But in vain should we ask M. Troplong, the philosopher, to tell us
  11251. the ground of prescription. Concerning the code, M. Troplong does not
  11252. reason. "The interpreter," he says, "must take things as they are,
  11253. society as it exists, laws as they are made: that is the only sensible
  11254. starting-point." Well, then, write no more books; cease to reproach your
  11255. predecessors--who, like you, have aimed only at interpretation of the
  11256. law--for having remained in the rear; talk no more of philosophy and
  11257. progress, for the lie sticks in your throat.
  11258. M. Troplong denies the reality of the right of possession; he denies
  11259. that possession has ever existed as a principle of society; and he
  11260. quotes M. de Savigny, who holds precisely the opposite position, and
  11261. whom he is content to leave unanswered. At one time, M. Troplong asserts
  11262. that possession and property are CONTEMPORANEOUS, and that they exist AT
  11263. THE SAME TIME, which implies that the RIGHT of property is based on the
  11264. FACT of possession,--a conclusion which is evidently absurd; at
  11265. another, he denies that possession HAD ANY HISTORICAL EXISTENCE PRIOR
  11266. TO PROPERTY,--an assertion which is contradicted by the customs of many
  11267. nations which cultivate the land without appropriating it; by the Roman
  11268. law, which distinguished so clearly between POSSESSION and PROPERTY; and
  11269. by our code itself, which makes possession for twenty or thirty years
  11270. the condition of property. Finally, M. Troplong goes so far as to
  11271. maintain that the Roman maxim, _Nihil comune habet proprietas cum
  11272. possessione_--which contains so striking an allusion to the possession
  11273. of the _ager publicus_, and which, sooner or later, will be again
  11274. accepted without qualification--expresses in French law only a judicial
  11275. axiom, a simple rule forbidding the union of an _action possessoire_
  11276. with an _action petitoire_,--an opinion as retrogressive as it is
  11277. unphilosophical.
  11278. In treating of _actions possessoires_, M. Troplong is so unfortunate or
  11279. awkward that he mutilates economy through failure to grasp its
  11280. meaning "Just as property," he writes, "gave rise to the action for
  11281. revendication, so possession--the _jus possessionis_--was the cause
  11282. of possessory interdicts.... There were two kinds of interdicts,--the
  11283. interdict _recuperandae possessionis_, and the interdict _retinendae
  11284. possessionis_,--which correspond to our _complainte en cas de saisine
  11285. et nouvelete_. There is also a third,--_adipiscendae possessionis_,--of
  11286. which the Roman law-books speak in connection with the two others.
  11287. But, in reality, this interdict is not possessory: for he who wishes
  11288. to acquire possession by this means does not possess, and has not
  11289. possessed; and yet acquired possession is the condition of possessory
  11290. interdicts." Why is not an action to acquire possession equally
  11291. conceivable with an action to be reinstated in possession? When the
  11292. Roman plebeians demanded a division of the conquered territory; when
  11293. the proletaires of Lyons took for their motto, _Vivre en travaillant, ou
  11294. mourir en combattant_ (to live working, or die fighting); when the most
  11295. enlightened of the modern economists claim for every man the right to
  11296. labor and to live,--they only propose this interdict, _adipiscendae
  11297. possessionis_, which embarrasses M. Troplong so seriously. And what is
  11298. my object in pleading against property, if not to obtain possession? How
  11299. is it that M. Troplong--the legist, the orator, the philosopher--does
  11300. not see that logically this interdict must be admitted, since it is the
  11301. necessary complement of the two others, and the three united form an
  11302. indivisible trinity,--to RECOVER, to MAINTAIN, to ACQUIRE? To break this
  11303. series is to create a blank, destroy the natural synthesis of things,
  11304. and follow the example of the geometrician who tried to conceive of
  11305. a solid with only two dimensions. But it is not astonishing that M.
  11306. Troplong rejects the third class of _actions possessoires_, when
  11307. we consider that he rejects possession itself. He is so completely
  11308. controlled by his prejudices in this respect, that he is unconsciously
  11309. led, not to unite (that would be horrible in his eyes), but to identify
  11310. the _action possessoire_ with the _action petitoire_. This could be
  11311. easily proved, were it not too tedious to plunge into these metaphysical
  11312. obscurities.
  11313. As an interpreter of the law, M. Troplong is no more successful than
  11314. as a philosopher. One specimen of his skill in this direction, and I am
  11315. done with him:--
  11316. Code of Civil Procedure, Art. 23: "_Actions possessoires_ are only when
  11317. commenced within the year of trouble by those who have held possession
  11318. for at least a year by an irrevocable title."
  11319. M. Troplong's comments:--
  11320. "Ought we to maintain--as Duparc, Poullain, and Lanjuinais would have
  11321. us--the rule _spoliatus ante omnia restituendus_, when an individual,
  11322. who is neither proprietor nor annual possessor, is expelled by a third
  11323. party, who has no right to the estate? I think not. Art. 23 of the
  11324. Code is general: it absolutely requires that the plaintiff in _actions
  11325. possessoires_ shall have been in peaceable possession for a year at
  11326. least. That is the invariable principle: it can in no case be modified.
  11327. And why should it be set aside? The plaintiff had no seisin; he had no
  11328. privileged possession; he had only a temporary occupancy, insufficient
  11329. to warrant in his favor the presumption of property, which renders the
  11330. annual possession so valuable. Well! this _ae facto_ occupancy he has
  11331. lost; another is invested with it: possession is in the hands of this
  11332. new-comer. Now, is not this a case for the application of the principle,
  11333. _In_ _pari causa possesser potior habetur_? Should not the actual
  11334. possessor be preferred to the evicted possessor? Can he not meet the
  11335. complaint of his adversary by saying to him: 'Prove that you were an
  11336. annual possessor before me, for you are the plaintiff. As far as I am
  11337. concerned, it is not for me to tell you how I possess, nor how long
  11338. I have possessed. _Possideo quia possideo_. I have no other reply, no
  11339. other defence. When you have shown that your action is admissible, then
  11340. we will see whether you are entitled to lift the veil which hides the
  11341. origin of my possession.'"
  11342. And this is what is honored with the name of jurisprudence and
  11343. philosophy,--the restoration of force. What! when I have "moulded matter
  11344. by my labor" [I quote M. Troplong]; when I have "deposited in it a
  11345. portion of myself" [M. Troplong]; when I have "re-created it by
  11346. my industry, and set upon it the seal of my intelligence" [M.
  11347. Troplong],--on the ground that I have not possessed it for a year, a
  11348. stranger may dispossess me, and the law offers me no protection! And if
  11349. M. Troplong is my judge, M. Troplong will condemn me! And if I resist
  11350. my adversary,--if, for this bit of mud which I may call MY FIELD, and
  11351. of which they wish to rob me, a war breaks out between the two
  11352. competitors,--the legislator will gravely wait until the stronger,
  11353. having killed the other, has had possession for a year! No, no, Monsieur
  11354. Troplong! you do not understand the words of the law; for I prefer
  11355. to call in question your intelligence rather than the justice of the
  11356. legislator. You are mistaken in your application of the principle, _In
  11357. pari causa possessor potior habetur:_ the actuality of possession here
  11358. refers to him who possessed at the time when the difficulty arose, not
  11359. to him who possesses at the time of the complaint. And when the code
  11360. prohibits the reception of _actions possessoires_, in cases where the
  11361. possession is not of a year's duration, it simply means that if, before
  11362. a year has elapsed, the holder relinquishes possession, and ceases
  11363. actually to occupy _in propria persona_, he cannot avail himself of an
  11364. _action possessoire_ against his successor. In a word, the code treats
  11365. possession of less than a year as it ought to treat all possession,
  11366. however long it has existed,--that is, the condition of property ought
  11367. to be, not merely seisin for a year, but perpetual seisin.
  11368. I will not pursue this analysis farther. When an author bases two
  11369. volumes of quibbles on foundations so uncertain, it may be boldly
  11370. declared that his work, whatever the amount of learning displayed in it,
  11371. is a mess of nonsense unworthy a critic's attention.
  11372. At this point, sir, I seem to hear you reproaching me for this conceited
  11373. dogmatism, this lawless arrogance, which respects nothing, claims a
  11374. monopoly of justice and good sense, and assumes to put in the pillory
  11375. any one who dares to maintain an opinion contrary to its own. This
  11376. fault, they tell me, more odious than any other in an author, was too
  11377. prominent a characteristic of my First Memoir, and I should do well to
  11378. correct it.
  11379. It is important to the success of my defence, that I should vindicate
  11380. myself from this reproach; and since, while perceiving in myself other
  11381. faults of a different character, I still adhere in this particular to
  11382. my disputatious style, it is right that I should give my reasons for my
  11383. conduct. I act, not from inclination, but from necessity.
  11384. I say, then, that I treat my authors as I do for two reasons: a REASON
  11385. OF RIGHT, and a REASON OF INTENTION; both peremptory.
  11386. 1. Reason of right. When I preach equality of fortunes, I do not advance
  11387. an opinion more or less probable, a utopia more or less ingenious, an
  11388. idea conceived within my brain by means of imagination only. I lay down
  11389. an absolute truth, concerning which hesitation is impossible, modesty
  11390. superfluous, and doubt ridiculous.
  11391. But, do you ask, what assures me that that which I utter is true?
  11392. What assures me, sir? The logical and metaphysical processes which I
  11393. use, the correctness of which I have demonstrated by a priori reasoning;
  11394. the fact that I possess an infallible method of investigation and
  11395. verification with which my authors are unacquainted; and finally, the
  11396. fact that for all matters relating to property and justice I have found
  11397. a formula which explains all legislative variations, and furnishes a
  11398. key for all problems. Now, is there so much as a shadow of method in M.
  11399. Toullier, M. Troplong, and this swarm of insipid commentators, almost
  11400. as devoid of reason and moral sense as the code itself? Do you give the
  11401. name of method to an alphabetical, chronological, analogical, or merely
  11402. nominal classification of subjects? Do you give the name of method
  11403. to these lists of paragraphs gathered under an arbitrary head, these
  11404. sophistical vagaries, this mass of contradictory quotations and
  11405. opinions, this nauseous style, this spasmodic rhetoric, models of which
  11406. are so common at the bar, though seldom found elsewhere? Do you take for
  11407. philosophy this twaddle, this intolerable pettifoggery adorned with a
  11408. few scholastic trimmings? No, no! a writer who respects himself, never
  11409. will consent to enter the balance with these manipulators of law,
  11410. misnamed JURISTS; and for my part I object to a comparison.
  11411. 2. Reason of intention. As far as I am permitted to divulge this secret,
  11412. I am a conspirator in an immense revolution, terrible to charlatans and
  11413. despots, to all exploiters of the poor and credulous, to all salaried
  11414. idlers, dealers in political panaceas and parables, tyrants in a word of
  11415. thought and of opinion. I labor to stir up the reason of individuals to
  11416. insurrection against the reason of authorities.
  11417. According to the laws of the society of which I am a member, all the
  11418. evils which afflict humanity arise from faith in external teachings and
  11419. submission to authority. And not to go outside of our own century, is
  11420. it not true, for instance, that France is plundered, scoffed at, and
  11421. tyrannized over, because she speaks in masses, and not by heads? The
  11422. French people are penned up in three or four flocks, receiving their
  11423. signal from a chief, responding to the voice of a leader, and thinking
  11424. just as he says. A certain journal, it is said, has fifty thousand
  11425. subscribers; assuming six readers to every subscriber, we have three
  11426. hundred thousand sheep browsing and bleating at the same cratch. Apply
  11427. this calculation to the whole periodical press, and you find that, in
  11428. our free and intelligent France, there are two millions of creatures
  11429. receiving every morning from the journals spiritual pasturage. Two
  11430. millions! In other words, the entire nation allows a score of little
  11431. fellows to lead it by the nose.
  11432. By no means, sir, do I deny to journalists talent, science, love
  11433. of truth, patriotism, and what you please. They are very worthy and
  11434. intelligent people, whom I undoubtedly should wish to resemble, had I
  11435. the honor to know them. That of which I complain, and that which has
  11436. made me a conspirator, is that, instead of enlightening us, these
  11437. gentlemen command us, impose upon us articles of faith, and that without
  11438. demonstration or verification. When, for example, I ask why these
  11439. fortifications of Paris, which, in former times, under the influence
  11440. of certain prejudices, and by means of a concurrence of extraordinary
  11441. circumstances supposed for the sake of the argument to have existed, may
  11442. perhaps have served to protect us, but which it is doubtful whether
  11443. our descendants will ever use,--when I ask, I say, on what grounds they
  11444. assimilate the future to a hypothetical past, they reply that M.
  11445. Thiers, who has a great mind, has written upon this subject a report of
  11446. admirable elegance and marvellous clearness. At this I become angry, and
  11447. reply that M. Thiers does not know what he is talking about. Why, having
  11448. wanted no detached forts seven years ago, do we want them to-day?
  11449. "Oh! damn it," they say, "the difference is great; the first forts
  11450. were too near to us; with these we cannot be bombarded." You cannot be
  11451. bombarded; but you can be blockaded, and will be, if you stir. What! to
  11452. obtain blockade forts from the Parisians, it has sufficed to prejudice
  11453. them against bombardment forts! And they thought to outwit the
  11454. government! Oh, the sovereignty of the people!...
  11455. "Damn it! M. Thiers, who is wiser than you, says that it would be absurd
  11456. to suppose a government making war upon citizens, and maintaining itself
  11457. by force and in spite of the will of the people. That would be absurd!"
  11458. Perhaps so: such a thing has happened more than once, and may happen
  11459. again. Besides, when despotism is strong, it appears almost legitimate.
  11460. However that may be, they lied in 1833, and they lie again in
  11461. 1841,--those who threaten us with the bomb-shell. And then, if M. Thiers
  11462. is so well assured of the intentions of the government, why does he not
  11463. wish the forts to be built before the circuit is extended? Why this
  11464. air of suspicion of the government, unless an intrigue has been planned
  11465. between the government and M. Thiers?
  11466. "Damn it! we do not wish to be again invaded. If Paris had been
  11467. fortified in 1815, Napoleon would not have been conquered!" But I tell
  11468. you that Napoleon was not conquered, but sold; and that if, in 1815,
  11469. Paris had had fortifications, it would have been with them as with the
  11470. thirty thousand men of Grouchy, who were misled during the battle. It is
  11471. still easier to surrender forts than to lead soldiers. Would the selfish
  11472. and the cowardly ever lack reasons for yielding to the enemy?
  11473. "But do you not see that the absolutist courts are provoked at our
  11474. fortifications?--a proof that they do not think as you do." You believe
  11475. that; and, for my part, I believe that in reality they are quite at ease
  11476. about the matter; and, if they appear to tease our ministers, they do so
  11477. only to give the latter an opportunity to decline. The absolutist courts
  11478. are always on better terms with our constitutional monarchy, than
  11479. our monarchy with us. Does not M. Guizot say that France needs to
  11480. be defended within as well as without? Within! against whom? Against
  11481. France. O Parisians! it is but six months since you demanded war, and
  11482. now you want only barricades. Why should the allies fear your doctrines,
  11483. when you cannot even control yourselves?... How could you sustain a
  11484. siege, when you weep over the absence of an actress?
  11485. "But, finally, do you not understand that, by the rules of modern
  11486. warfare, the capital of a country is always the objective point of its
  11487. assailants? Suppose our army defeated on the Rhine, France invaded, and
  11488. defenceless Paris falling into the hands of the enemy. It would be the
  11489. death of the administrative power; without a head it could not live. The
  11490. capital taken, the nation must submit. What do you say to that?"
  11491. The reply is very simple. Why is society constituted in such a way that
  11492. the destiny of the country depends upon the safety of the capital?
  11493. Why, in case our territory be invaded and Paris besieged, cannot the
  11494. legislative, executive, and military powers act outside of Paris? Why
  11495. this localization of all the vital forces of France?... Do not cry out
  11496. upon decentralization. This hackneyed reproach would discredit only
  11497. your own intelligence and sincerity. It is not a question of
  11498. decentralization; it is your political fetichism which I attack. Why
  11499. should the national unity be attached to a certain place, to certain
  11500. functionaries, to certain bayonets? Why should the Place Maubert and the
  11501. Palace of the Tuileries be the palladium of France?
  11502. Now let me make an hypothesis.
  11503. Suppose it were written in the charter, "In case the country be again
  11504. invaded, and Paris forced to surrender, the government being annihilated
  11505. and the national assembly dissolved, the electoral colleges shall
  11506. reassemble spontaneously and without other official notice, for the
  11507. purpose of appointing new deputies, who shall organize a provisional
  11508. government at Orleans.
  11509. "If Orleans succumbs, the government shall reconstruct itself in the same
  11510. way at Lyons; then at Bordeaux, then at Bayonne, until all France be
  11511. captured or the enemy driven from the land. For the government may
  11512. perish, but the nation never dies. The king, the peers, and the deputies
  11513. massacred, VIVE LA FRANCE!"
  11514. Do you not think that such an addition to the charter would be a better
  11515. safeguard for the liberty and integrity of the country than walls and
  11516. bastions around Paris? Well, then! do henceforth for administration,
  11517. industry, science, literature, and art that which the charter ought
  11518. to prescribe for the central government and common defence. Instead of
  11519. endeavoring to render Paris impregnable, try rather to render the loss
  11520. of Paris an insignificant matter. Instead of accumulating about one
  11521. point academies, faculties, schools, and political, administrative,
  11522. and judicial centres; instead of arresting intellectual development
  11523. and weakening public spirit in the provinces by this fatal
  11524. agglomeration,--can you not, without destroying unity, distribute social
  11525. functions among places as well as among persons? Such a system--in
  11526. allowing each province to participate in political power and action, and
  11527. in balancing industry, intelligence, and strength in all parts of the
  11528. country--would equally secure, against enemies at home and enemies
  11529. abroad, the liberty of the people and the stability of the government.
  11530. Discriminate, then, between the centralization of functions and the
  11531. concentration of organs; between political unity and its material
  11532. symbol.
  11533. "Oh! that is plausible; but it is impossible!"--which means that the
  11534. city of Paris does not intend to surrender its privileges, and that
  11535. there it is still a question of property.
  11536. Idle talk! The country, in a state of panic which has been cleverly
  11537. worked upon, has asked for fortifications. I dare to affirm that it
  11538. has abdicated its sovereignty. All parties are to blame for this
  11539. suicide,--the conservatives, by their acquiescence in the plans of the
  11540. government; the friends of the dynasty, because they wish no opposition
  11541. to that which pleases them, and because a popular revolution would
  11542. annihilate them; the democrats, because they hope to rule in their turn.
  11543. [67] That which all rejoice at having obtained is a means of future
  11544. repression. As for the defence of the country, they are not troubled
  11545. about that. The idea of tyranny dwells in the minds of all, and brings
  11546. together into one conspiracy all forms of selfishness. We wish the
  11547. regeneration of society, but we subordinate this desire to our ideas
  11548. and convenience. That our approaching marriage may take place, that our
  11549. business may succeed, that our opinions may triumph, we postpone reform.
  11550. Intolerance and selfishness lead us to put fetters upon liberty; and,
  11551. because we cannot wish all that God wishes, we would, if it rested with
  11552. us, stay the course of destiny rather than sacrifice our own interests
  11553. and self-love. Is not this an instance where the words of Solomon
  11554. apply,--"_L'iniquite a menti a elle-meme_"?
  11555. It is said that on this question of the fortification of Paris the staff
  11556. of "Le National" are not agreed. This would prove, if proof were needed,
  11557. that a journal may blunder and falsify, without entitling any one to
  11558. accuse its editors. A journal is a metaphysical being, for which no one
  11559. is really responsible, and which owes its existence solely to mutual
  11560. concessions. This idea ought to frighten those worthy citizens who,
  11561. because they borrow their opinions from a journal, imagine that they
  11562. belong to a political party, and who have not the faintest suspicion
  11563. that they are really without a head.
  11564. For this reason, sir, I have enlisted in a desperate war against
  11565. every form of authority over the multitude. Advance sentinel of the
  11566. proletariat, I cross bayonets with the celebrities of the day, as
  11567. well as with spies and charlatans. Well, when I am fighting with an
  11568. illustrious adversary, must I stop at the end of every phrase, like
  11569. an orator in the tribune, to say "the learned author," "the eloquent
  11570. writer," "the profound publicist," and a hundred other platitudes with
  11571. which it is fashionable to mock people? These civilities seem to me no
  11572. less insulting to the man attacked than dishonorable to the aggressor.
  11573. But when, rebuking an author, I say to him, "Citizen, your doctrine is
  11574. absurd, and, if to prove my assertion is an offence against you, I
  11575. am guilty of it," immediately the listener opens his ears; he is all
  11576. attention; and, if I do not succeed in convincing him, at least I give
  11577. his thought an impulse, and set him the wholesome example of doubt and
  11578. free examination.
  11579. Then do not think, sir, that, in tripping up the philosophy of your very
  11580. learned and very estimable confrere, M. Troplong, I fail to appreciate
  11581. his talent as a writer (in my opinion, he has too much for a jurist);
  11582. nor his knowledge, though it is too closely confined to the letter of
  11583. the law, and the reading of old books. In these particulars, M. Troplong
  11584. offends on the side of excess rather than deficiency. Further, do not
  11585. believe that I am actuated by any personal animosity towards him, or
  11586. that I have the slightest desire to wound his self-love. I know M.
  11587. Troplong only by his "Treatise on Prescription," which I wish he had not
  11588. written; and as for my critics, neither M. Troplong, nor any of those
  11589. whose opinion I value, will ever read me. Once more, my only object is
  11590. to prove, as far as I am able, to this unhappy French nation, that
  11591. those who make the laws, as well as those who interpret them, are not
  11592. infallible organs of general, impersonal, and absolute reason.
  11593. I had resolved to submit to a systematic criticism the semi-official
  11594. defence of the right of property recently put forth by M. Wolowski,
  11595. your colleague at the Conservatory. With this view, I had commenced
  11596. to collect the documents necessary for each of his lectures, but, soon
  11597. perceiving that the ideas of the professor were incoherent, that his
  11598. arguments contradicted each other, that one affirmation was sure to be
  11599. overthrown by another, and that in M. Wolowski's lucubrations the
  11600. good was always mingled with the bad, and being by nature a little
  11601. suspicious, it suddenly occurred to me that M. Wolowski was an advocate
  11602. of equality in disguise, thrown in spite of himself into the position
  11603. in which the patriarch Jacob pictures one of his sons,--_inter
  11604. duas clitellas_, between two stools, as the proverb says. In more
  11605. parliamentary language, I saw clearly that M. Wolowski was placed
  11606. between his profound convictions on the one hand and his official duties
  11607. on the other, and that, in order to maintain his position, he had to
  11608. assume a certain slant. Then I experienced great pain at seeing the
  11609. reserve, the circumlocution, the figures, and the irony to which
  11610. a professor of legislation, whose duty it is to teach dogmas with
  11611. clearness and precision, was forced to resort; and I fell to cursing
  11612. the society in which an honest man is not allowed to say frankly what he
  11613. thinks. Never, sir, have you conceived of such torture: I seemed to be
  11614. witnessing the martyrdom of a mind. I am going to give you an idea of
  11615. these astonishing meetings, or rather of these scenes of sorrow.
  11616. Monday, Nov. 20, 1840.--The professor declares, in brief,--1. That the
  11617. right of property is not founded upon occupation, but upon the impress
  11618. of man; 2. That every man has a natural and inalienable right to the use
  11619. of matter.
  11620. Now, if matter can be appropriated, and if, notwithstanding, all
  11621. men retain an inalienable right to the use of this matter, what is
  11622. property?--and if matter can be appropriated only by labor, how long
  11623. is this appropriation to continue?--questions that will confuse and
  11624. confound all jurists whatsoever.
  11625. Then M. Wolowski cites his authorities. Great God! what witnesses he
  11626. brings forward! First, M. Troplong, the great metaphysician, whom we
  11627. have discussed; then, M. Louis Blanc, editor of the "Revue du Progres,"
  11628. who came near being tried by jury for publishing his "Organization of
  11629. Labor," and who escaped from the clutches of the public prosecutor only
  11630. by a juggler's trick; [68] Corinne,--I mean Madame de Stael,--who, in
  11631. an ode, making a poetical comparison of the land with the waves, of the
  11632. furrow of a plough with the wake of a vessel, says "that property exists
  11633. only where man has left his trace," which makes property dependent
  11634. upon the solidity of the elements; Rousseau, the apostle of liberty and
  11635. equality, but who, according to M. Wolowski, attacked property only AS
  11636. A JOKE, and in order to point a paradox; Robespierre, who prohibited
  11637. a division of the land, because he regarded such a measure as a
  11638. rejuvenescence of property, and who, while awaiting the definitive
  11639. organization of the republic, placed all property in the care?? of
  11640. the people,--that is, transferred the right of eminent domain from the
  11641. individual to society; Babeuf, who wanted property for the nation, and
  11642. communism for the citizens; M. Considerant, who favors a division of
  11643. landed property into shares,--that is, who wishes to render property
  11644. nominal and fictitious: the whole being intermingled with jokes and
  11645. witticisms (intended undoubtedly to lead people away from the HORNETS'
  11646. NESTS) at the expense of the adversaries of the right of property!
  11647. November 26.--M. Wolowski supposes this objection: Land, like
  11648. water, air, and light, is necessary to life, therefore it cannot
  11649. be appropriated; and he replies: The importance of landed property
  11650. diminishes as the power of industry increases.
  11651. Good! this importance DIMINISHES, but it does not DISAPPEAR; and this,
  11652. of itself, shows landed property to be illegitimate. Here M. Wolowski
  11653. pretends to think that the opponents of property refer only to property
  11654. in land, while they merely take it as a term of comparison; and, in
  11655. showing with wonderful clearness the absurdity of the position in which
  11656. he places them, he finds a way of drawing the attention of his hearers
  11657. to another subject without being false to the truth which it is his
  11658. office to contradict.
  11659. "Property," says M. Wolowski, "is that which distinguishes man from the
  11660. animals." That may be; but are we to regard this as a compliment or a
  11661. satire?
  11662. "Mahomet," says M. Wolowski, "decreed property." And so did Genghis
  11663. Khan, and Tamerlane, and all the ravagers of nations. What sort of
  11664. legislators were they?
  11665. "Property has been in existence ever since the origin of the human
  11666. race." Yes, and so has slavery, and despotism also; and likewise
  11667. polygamy and idolatry. But what does this antiquity show?
  11668. The members of the Council of the State--M. Portalis at their head--did
  11669. not raise, in their discussion of the Code, the question of the
  11670. legitimacy of property. "Their silence," says M. Wolowski, "is a
  11671. precedent in favor of this right." I may regard this reply as personally
  11672. addressed to me, since the observation belongs to me. I reply, "As long
  11673. as an opinion is universally admitted, the universality of belief serves
  11674. of itself as argument and proof. When this same opinion is attacked,
  11675. the former faith proves nothing; we must resort to reason. Ignorance,
  11676. however old and pardonable it may be, never outweighs reason."
  11677. Property has its abuses, M. Wolowski confesses. "But," he says, "these
  11678. abuses gradually disappear. To-day their cause is known. They all arise
  11679. from a false theory of property. In principle, property is inviolable,
  11680. but it can and must be checked and disciplined." Such are the
  11681. conclusions of the professor.
  11682. When one thus remains in the clouds, he need not fear to equivocate.
  11683. Nevertheless, I would like him to define these ABUSES of property, to
  11684. show their cause, to explain this true theory from which no abuse is to
  11685. spring; in short, to tell me how, without destroying property, it can
  11686. be governed for the greatest good of all. "Our civil code," says M.
  11687. Wolowski, in speaking of this subject, "leaves much to be desired." I
  11688. think it leaves every thing undone.
  11689. Finally, M. Wolowski opposes, on the one hand, the concentration of
  11690. capital, and the absorption which results therefrom; and, on the other,
  11691. he objects to the extreme division of the land. Now I think that I have
  11692. demonstrated in my First Memoir, that large accumulation and minute
  11693. division are the first two terms of an economical trinity,--a THESIS and
  11694. an ANTITHESIS. But, while M. Wolowski says nothing of the third term,
  11695. the SYNTHESIS, and thus leaves the inference in suspense, I have shown
  11696. that this third term is ASSOCIATION, which is the annihilation of
  11697. property.
  11698. November 30.--LITERARY PROPERTY. M. Wolowski grants that it is just to
  11699. recognize the rights of talent (which is not in the least hostile to
  11700. equality); but he seriously objects to perpetual and absolute property
  11701. in the works of genius, to the profit of the authors' heirs. His main
  11702. argument is, that society has a right of collective production over
  11703. every creation of the mind. Now, it is precisely this principle of
  11704. collective power that I developed in my "Inquiries into Property and
  11705. Government," and on which I have established the complete edifice of
  11706. a new social organization. M. Wolowski is, as far as I know, the first
  11707. jurist who has made a legislative application of this economical law.
  11708. Only, while I have extended the principle of collective power to every
  11709. sort of product, M. Wolowski, more prudent than it is my nature to be,
  11710. confines it to neutral ground. So, that that which I am bold enough
  11711. to say of the whole, he is contented to affirm of a part, leaving
  11712. the intelligent hearer to fill up the void for himself. However, his
  11713. arguments are keen and close. One feels that the professor, finding
  11714. himself more at ease with one aspect of property, has given the rein to
  11715. his intellect, and is rushing on towards liberty.
  11716. 1. Absolute literary property would hinder the activity of other men,
  11717. and obstruct the development of humanity. It would be the death of
  11718. progress; it would be suicide. What would have happened if the
  11719. first inventions,--the plough, the level, the saw, &c.,--had been
  11720. appropriated?
  11721. Such is the first proposition of M. Wolowski.
  11722. I reply: Absolute property in land and tools hinders human activity, and
  11723. obstructs progress and the free development of man.
  11724. What happened in Rome, and in all the ancient nations? What occurred
  11725. in the middle ages? What do we see to-day in England, in consequence of
  11726. absolute property in the sources of production?
  11727. The suicide of humanity.
  11728. 2. Real and personal property is in harmony with the social interest.
  11729. In consequence of literary property, social and individual interests are
  11730. perpetually in conflict.
  11731. The statement of this proposition contains a rhetorical figure, common
  11732. with those who do not enjoy full and complete liberty of speech. This
  11733. figure is the _anti-phrasis_ or _contre-verite_. It consists, according
  11734. to Dumarsais and the best humanists, in saying one thing while meaning
  11735. another. M. Wolowski's proposition, naturally expressed, would read as
  11736. follows: "Just as real and personal property is essentially hostile to
  11737. society, so, in consequence of literary property, social and individual
  11738. interests are perpetually in conflict."
  11739. 3. M. de Montalembert, in the Chamber of Peers, vehemently protested
  11740. against the assimilation of authors to inventors of machinery; an
  11741. assimilation which he claimed to be injurious to the former. M. Wolowski
  11742. replies, that the rights of authors, without machinery, would be nil;
  11743. that, without paper-mills, type foundries, and printing-offices,
  11744. there could be no sale of verse and prose; that many a mechanical
  11745. invention,--the compass, for instance, the telescope, or the
  11746. steam-engine,--is quite as valuable as a book.
  11747. Prior to M. Montalembert, M. Charles Comte had laughed at the inference
  11748. in favor of mechanical inventions, which logical minds never fail to
  11749. draw from the privileges granted to authors. "He," says M. Comte, "who
  11750. first conceived and executed the idea of transforming a piece of wood
  11751. into a pair of sabots, or an animal's hide into a pair of sandals, would
  11752. thereby have acquired an exclusive right to make shoes for the human
  11753. race!" Undoubtedly, under the system of property. For, in fact, this
  11754. pair of sabots, over which you make so merry, is the creation of the
  11755. shoemaker, the work of his genius, the expression of his thought; to him
  11756. it is his poem, quite as much as "Le Roi s'amuse," is M. Victor Hugo's
  11757. drama. Justice for all alike. If you refuse a patent to a perfecter of
  11758. boots, refuse also a privilege to a maker of rhymes.
  11759. 4. That which gives importance to a book is a fact external to the
  11760. author and his work. Without the intelligence of society, without its
  11761. development, and a certain community of ideas, passions, and interests
  11762. between it and the authors, the works of the latter would be worth
  11763. nothing. The exchangeable value of a book is due even more to the SOCIAL
  11764. CONDITION than to the talent displayed in it.
  11765. Indeed, it seems as if I were copying my own words. This proposition
  11766. of M. Wolowski contains a special expression of a general and absolute
  11767. idea, one of the strongest and most conclusive against the right of
  11768. property. Why do artists, like mechanics, find the means to live?
  11769. Because society has made the fine arts, like the rudest industries,
  11770. objects of consumption and exchange, governed consequently by all the
  11771. laws of commerce and political economy. Now, the first of these laws is
  11772. the equipoise of functions; that is, the equality of associates.
  11773. 5. M. Wolowski indulges in sarcasm against the petitioners for literary
  11774. property. "There are authors," he says, "who crave the privileges of
  11775. authors, and who for that purpose point out the power of the melodrama.
  11776. They speak of the niece of Corneille, begging at the door of a theatre
  11777. which the works of her uncle had enriched.... To satisfy the avarice of
  11778. literary people, it would be necessary to create literary majorats, and
  11779. make a whole code of exceptions."
  11780. I like this virtuous irony. But M. Wolowski has by no means exhausted
  11781. the difficulties which the question involves. And first, is it just that
  11782. MM. Cousin, Guizot, Villemain, Damiron, and company, paid by the State
  11783. for delivering lectures, should be paid a second time through the
  11784. booksellers?--that I, who have the right to report their lectures,
  11785. should not have the right to print them? Is it just that MM. Noel and
  11786. Chapsal, overseers of the University, should use their influence in
  11787. selling their selections from literature to the youth whose studies they
  11788. are instructed to superintend in consideration of a salary? And, if
  11789. that is not just, is it not proper to refuse literary property to every
  11790. author holding public offices, and receiving pensions or sinecures?
  11791. Again, shall the privilege of the author extend to irreligious and
  11792. immoral works, calculated only to corrupt the heart, and obscure the
  11793. understanding? To grant this privilege is to sanction immorality by law;
  11794. to refuse it is to censure the author. And since it is impossible, in
  11795. the present imperfect state of society, to prevent all violations of the
  11796. moral law, it will be necessary to open a license-office for books as
  11797. well as morals. But, then, three-fourths of our literary people will
  11798. be obliged to register; and, recognized thenceforth on their own
  11799. declaration as PROSTITUTES, they will necessarily belong to the public.
  11800. We pay toll to the prostitute; we do not endow her.
  11801. Finally, shall plagiarism be classed with forgery? If you reply "Yes,"
  11802. you appropriate in advance all the subjects of which books treat; if
  11803. you say "No," you leave the whole matter to the decision of the judge.
  11804. Except in the case of a clandestine reprint, how will he distinguish
  11805. forgery from quotation, imitation, plagiarism, or even coincidence? A
  11806. savant spends two years in calculating a table of logarithms to nine
  11807. or ten decimals. He prints it. A fortnight after his book is selling
  11808. at half-price; it is impossible to tell whether this result is due to
  11809. forgery or competition. What shall the court do? In case of doubt, shall
  11810. it award the property to the first occupant? As well decide the question
  11811. by lot.
  11812. These, however, are trifling considerations; but do we see that, in
  11813. granting a perpetual privilege to authors and their heirs, we really
  11814. strike a fatal blow at their interests? We think to make booksellers
  11815. dependent upon authors,--a delusion. The booksellers will unite against
  11816. works, and their proprietors. Against works, by refusing to push their
  11817. sale, by replacing them with poor imitations, by reproducing them in
  11818. a hundred indirect ways; and no one knows how far the science of
  11819. plagiarism, and skilful imitation may be carried. Against proprietors.
  11820. Are we ignorant of the fact, that a demand for a dozen copies enables a
  11821. bookseller to sell a thousand; that with an edition of five hundred he
  11822. can supply a kingdom for thirty years? What will the poor authors do in
  11823. the presence of this omnipotent union of booksellers? I will tell them
  11824. what they will do. They will enter the employ of those whom they now
  11825. treat as pirates; and, to secure an advantage, they will become wage
  11826. laborers. A fit reward for ignoble avarice, and insatiable pride. [69]
  11827. Contradictions of contradictions! "Genius is the great leveller of the
  11828. world," cries M. de Lamartine; "then genius should be a proprietor.
  11829. Literary property is the fortune of democracy." This unfortunate
  11830. poet thinks himself profound when he is only puffed up. His eloquence
  11831. consists solely in coupling ideas which clash with each other: ROUND
  11832. SQUARE, DARK SUN, FALLEN ANGEL, PRIEST and LOVE, THOUGHT and POETRY,
  11833. GUNIUS {???}, and FORTUNE, LEVELING and PROPERTY. Let us tell him, in
  11834. reply, that his mind is a dark luminary; that each of his discourses is
  11835. a disordered harmony; and that all his successes, whether in verse or
  11836. prose, are due to the use of the extraordinary in the treatment of the
  11837. most ordinary subjects.
  11838. "Le National," in reply to the report of M. Lamartine, endeavors to
  11839. prove that literary property is of quite a different nature from landed
  11840. property; as if the nature of the right of property depended on the
  11841. object to which it is applied, and not on the mode of its exercise and
  11842. the condition of its existence. But the main object of "Le National"
  11843. is to please a class of proprietors whom an extension of the right of
  11844. property vexes: that is why "Le National" opposes literary property.
  11845. Will it tell us, once for all, whether it is for equality or against it?
  11846. 6. OBJECTION.--Property in occupied land passes to the heirs of the
  11847. occupant. "Why," say the authors, "should not the work of genius pass
  11848. in like manner to the heirs of the man of genius?" M. Wolowski's reply:
  11849. "Because the labor of the first occupant is continued by his heirs,
  11850. while the heirs of an author neither change nor add to his works. In
  11851. landed property, the continuance of labor explains the continuance of
  11852. the right."
  11853. Yes, when the labor is continued; but if the labor is not continued,
  11854. the right ceases. Thus is the right of possession, founded on personal
  11855. labor, recognized by M. Wolowski.
  11856. M. Wolowski decides in favor of granting to authors property in their
  11857. works for a certain number of years, dating from the day of their first
  11858. publication.
  11859. The succeeding lectures on patents on inventions were no less
  11860. instructive, although intermingled with shocking contradictions inserted
  11861. with a view to make the useful truths more palatable. The necessity
  11862. for brevity compels me to terminate this examination here, not without
  11863. regret.
  11864. Thus, of two eclectic jurists, who attempt a defence of property, one
  11865. is entangled in a set of dogmas without principle or method, and is
  11866. constantly talking nonsense; and the other designedly abandons the
  11867. cause of property, in order to present under the same name the theory
  11868. of individual possession. Was I wrong in claiming that confusion reigned
  11869. among legists, and ought I to be legally prosecuted for having said
  11870. that their science henceforth stood convicted of falsehood, its glory
  11871. eclipsed?
  11872. The ordinary resources of the law no longer sufficing, philosophy,
  11873. political economy, and the framers of systems have been consulted. All
  11874. the oracles appealed to have been discouraging.
  11875. The philosophers are no clearer to-day than at the time of the eclectic
  11876. efflorescence; nevertheless, through their mystical apothegms, we
  11877. can distinguish the words PROGRESS, UNITY, ASSOCIATION, SOLIDARITY,
  11878. FRATERNITY, which are certainly not reassuring to proprietors. One of
  11879. these philosophers, M. Pierre Leroux, has written two large books, in
  11880. which he claims to show by all religious, legislative, and philosophical
  11881. systems that, since men are responsible to each other, equality of
  11882. conditions is the final law of society. It is true that this philosopher
  11883. admits a kind of property; but as he leaves us to imagine what property
  11884. would become in presence of equality, we may boldly class him with the
  11885. opponents of the right of increase.
  11886. I must here declare freely--in order that I may not be suspected of
  11887. secret connivance, which is foreign to my nature--that M. Leroux has
  11888. my full sympathy. Not that I am a believer in his quasi-Pythagorean
  11889. philosophy (upon this subject I should have more than one observation to
  11890. submit to him, provided a veteran covered with stripes would not despise
  11891. the remarks of a conscript); not that I feel bound to this author by any
  11892. special consideration for his opposition to property. In my opinion, M.
  11893. Leroux could, and even ought to, state his position more explicitly and
  11894. logically. But I like, I admire, in M. Leroux, the antagonist of our
  11895. philosophical demigods, the demolisher of usurped reputations, the
  11896. pitiless critic of every thing that is respected because of its
  11897. antiquity. Such is the reason for my high esteem of M. Leroux; such
  11898. would be the principle of the only literary association which, in this
  11899. century of coteries, I should care to form. We need men who, like
  11900. M. Leroux, call in question social principles,--not to diffuse doubt
  11901. concerning them, but to make them doubly sure; men who excite the mind
  11902. by bold negations, and make the conscience tremble by doctrines of
  11903. annihilation. Where is the man who does not shudder on hearing M. Leroux
  11904. exclaim, "There is neither a paradise nor a hell; the wicked will not
  11905. be punished, nor the good rewarded. Mortals! cease to hope and fear; you
  11906. revolve in a circle of appearances; humanity is an immortal tree, whose
  11907. branches, withering one after another, feed with their debris the root
  11908. which is always young!" Where is the man who, on hearing this desolate
  11909. confession of faith, does not demand with terror, "Is it then true that
  11910. I am only an aggregate of elements organized by an unknown force, an
  11911. idea realized for a few moments, a form which passes and disappears? Is
  11912. it true that my mind is only a harmony, and my soul a vortex? What is
  11913. the ego? what is God? what is the sanction of society?"
  11914. In former times, M. Leroux would have been regarded as a great culprit,
  11915. worthy only (like Vanini) of death and universal execration. To-day, M.
  11916. Leroux is fulfilling a mission of salvation, for which, whatever he
  11917. may say, he will be rewarded. Like those gloomy invalids who are always
  11918. talking of their approaching death, and who faint when the doctor's
  11919. opinion confirms their pretence, our materialistic society is agitated
  11920. and loses countenance while listening to this startling decree of the
  11921. philosopher, "Thou shalt die!" Honor then to M. Leroux, who has revealed
  11922. to us the cowardice of the Epicureans; to M. Leroux, who renders new
  11923. philosophical solutions necessary! Honor to the anti-eclectic, to the
  11924. apostle of equality!
  11925. In his work on "Humanity," M. Leroux commences by positing the necessity
  11926. of property: "You wish to abolish property; but do you not see that
  11927. thereby you would annihilate man and even the name of man?... You wish
  11928. to abolish property; but could you live without a body? I will not tell
  11929. you that it is necessary to support this body;... I will tell you that
  11930. this body is itself a species of property."
  11931. In order clearly to understand the doctrine of M. Leroux, it must be
  11932. borne in mind that there are three necessary and primitive forms of
  11933. society,--communism, property, and that which to-day we properly call
  11934. association. M. Leroux rejects in the first place communism, and combats
  11935. it with all his might. Man is a personal and free being, and therefore
  11936. needs a sphere of independence and individual activity. M. Leroux
  11937. emphasizes this in adding: "You wish neither family, nor country, nor
  11938. property; therefore no more fathers, no more sons, no more brothers.
  11939. Here you are, related to no being in time, and therefore without a name;
  11940. here you are, alone in the midst of a billion of men who to-day inhabit
  11941. the earth. How do you expect me to distinguish you in space in the midst
  11942. of this multitude?"
  11943. If man is indistinguishable, he is nothing. Now, he can be
  11944. distinguished, individualized, only through a devotion of certain things
  11945. to his use,--such as his body, his faculties, and the tools which he
  11946. uses. "Hence," says M. Leroux, "the necessity of appropriation;" in
  11947. short, property.
  11948. But property on what condition? Here M. Leroux, after having condemned
  11949. communism, denounces in its turn the right of domain. His whole doctrine
  11950. can be summed up in this single proposition,--_Man may be made by
  11951. property a slave or a despot by turns_.
  11952. That posited, if we ask M. Leroux to tell us under what system of
  11953. property man will be neither a slave nor a despot, but free, just, and
  11954. a citizen, M. Leroux replies in the third volume of his work on
  11955. "Humanity:"--
  11956. "There are three ways of destroying man's communion with his fellows and
  11957. with the universe:... 1. By separating man in time; 2. by separating him
  11958. in space; 3. by dividing the land, or, in general terms, the instruments
  11959. of production; by attaching men to things, by subordinating man to
  11960. property, by making man a proprietor."
  11961. This language, it must be confessed, savors a little too strongly of the
  11962. metaphysical heights which the author frequents, and of the school of
  11963. M. Cousin. Nevertheless, it can be seen, clearly enough it seems to me,
  11964. that M. Leroux opposes the exclusive appropriation of the instruments of
  11965. production; only he calls this non-appropriation of the instruments of
  11966. production a NEW METHOD of establishing property, while I, in accordance
  11967. with all precedent, call it a destruction of property. In fact, without
  11968. the appropriation of instruments, property is nothing.
  11969. "Hitherto, we have confined ourselves to pointing out and combating the
  11970. despotic features of property, by considering property alone. We have
  11971. failed to see that the despotism of property is a correlative of the
  11972. division of the human race;... that property, instead of being organized
  11973. in such a way as to facilitate the unlimited communion of man with his
  11974. fellows and with the universe, has been, on the contrary, turned against
  11975. this communion."
  11976. Let us translate this into commercial phraseology. In order to destroy
  11977. despotism and the inequality of conditions, men must cease from
  11978. competition and must associate their interests. Let employer and
  11979. employed (now enemies and rivals) become associates.
  11980. Now, ask any manufacturer, merchant, or capitalist, whether he would
  11981. consider himself a proprietor if he were to share his revenue and
  11982. profits with this mass of wage-laborers whom it is proposed to make his
  11983. associates.
  11984. "Family, property, and country are finite things, which ought to be
  11985. organized with a view to the infinite. For man is a finite being,
  11986. who aspires to the infinite. To him, absolute finiteness is evil. The
  11987. infinite is his aim, the indefinite his right."
  11988. Few of my readers would understand these hierophantic words, were I to
  11989. leave them unexplained. M. Leroux means, by this magnificent formula,
  11990. that humanity is a single immense society, which, in its collective
  11991. unity, represents the infinite; that every nation, every tribe, every
  11992. commune, and every citizen are, in different degrees, fragments or
  11993. finite members of the infinite society, the evil in which results
  11994. solely from individualism and privilege,--in other words, from the
  11995. subordination of the infinite to the finite; finally, that, to attain
  11996. humanity's end and aim, each part has a right to an indefinitely
  11997. progressive development.
  11998. "All the evils which afflict the human race arise from caste. The family
  11999. is a blessing; the family caste (the nobility) is an evil. Country is
  12000. a blessing; the country caste (supreme, domineering, conquering) is an
  12001. evil; property (individual possession) is a blessing; the property
  12002. caste (the domain of property of Pothier, Toullier, Troplong, &c.) is an
  12003. evil."
  12004. Thus, according to M. Leroux, there is property and property,--the one
  12005. good, the other bad. Now, as it is proper to call different things by
  12006. different names, if we keep the name "property" for the former, we must
  12007. call the latter robbery, rapine, brigandage. If, on the contrary, we
  12008. reserve the name "property" for the latter, we must designate the former
  12009. by the term POSSESSION, or some other equivalent; otherwise we should be
  12010. troubled with an unpleasant synonymy.
  12011. What a blessing it would be if philosophers, daring for once to say all
  12012. that they think, would speak the language of ordinary mortals! Nations
  12013. and rulers would derive much greater profit from their lectures, and,
  12014. applying the same names to the same ideas, would come, perhaps, to
  12015. understand each other. I boldly declare that, in regard to property, I
  12016. hold no other opinion than that of M. Leroux; but, if I should adopt the
  12017. style of the philosopher, and repeat after him, "Property is a blessing,
  12018. but the property caste--the _statu quo_ of property--is an evil," I
  12019. should be extolled as a genius by all the bachelors who write for the
  12020. reviews. [70] If, on the contrary, I prefer the classic language of Rome
  12021. and the civil code, and say accordingly, "Possession is a blessing, but
  12022. property is robbery," immediately the aforesaid bachelors raise a hue
  12023. and cry against the monster, and the judge threatens me. Oh, the power
  12024. of language!
  12025. "Le National," on the other hand, has laughed at M. Leroux and his ideas
  12026. on property, charging him with TAUTOLOGY and CHILDISHNESS. "Le National"
  12027. does not wish to understand. Is it necessary to remind this journal that
  12028. it has no right to deride a dogmatic philosopher, because it is without
  12029. a doctrine itself? From its foundation, "Le National" has been a nursery
  12030. of intriguers and renegades. From time to time it takes care to warn its
  12031. readers. Instead of lamenting over all its defections, the democratic
  12032. sheet would do better to lay the blame on itself, and confess the
  12033. shallowness of its theories. When will this organ of popular interests
  12034. and the electoral reform cease to hire sceptics and spread doubt? I will
  12035. wager, without going further, that M. Leon Durocher, the critic of M.
  12036. Leroux, is an anonymous or pseudonymous editor of some bourgeois, or
  12037. even aristocratic, journal.
  12038. The economists, questioned in their turn, propose to associate capital
  12039. and labor. You know, sir, what that means. If we follow out the
  12040. doctrine, we soon find that it ends in an absorption of property, not by
  12041. the community, but by a general and indissoluble commandite, so that
  12042. the condition of the proprietor would differ from that of the workingman
  12043. only in receiving larger wages. This system, with some peculiar
  12044. additions and embellishments, is the idea of the phalanstery. But it
  12045. is clear that, if inequality of conditions is one of the attributes of
  12046. property, it is not the whole of property. That which makes property a
  12047. DELIGHTFUL THING, as some philosopher (I know not who) has said, is
  12048. the power to dispose at will, not only of one's own goods, but of their
  12049. specific nature; to use them at pleasure; to confine and enclose them;
  12050. to excommunicate mankind, as M. Pierre Leroux says; in short, to make
  12051. such use of them as passion, interest, or even caprice, may suggest.
  12052. What is the possession of money, a share in an agricultural or
  12053. industrial enterprise, or a government-bond coupon, in comparison with
  12054. the infinite charm of being master of one's house and grounds, under
  12055. one's vine and fig-tree? "_Beati possidentes_!" says an author quoted by
  12056. M. Troplong. Seriously, can that be applied to a man of income, who has
  12057. no other possession under the sun than the market, and in his pocket
  12058. his money? As well maintain that a trough is a coward. A nice method of
  12059. reform! They never cease to condemn the thirst for gold, and the
  12060. growing individualism of the century; and yet, most inconceivable
  12061. of contradictions, they prepare to turn all kinds of property into
  12062. one,--property in coin.
  12063. I must say something further of a theory of property lately put forth
  12064. with some ado: I mean the theory of M. Considerant.
  12065. The Fourierists are not men who examine a doctrine in order to ascertain
  12066. whether it conflicts with their system. On the contrary, it is their
  12067. custom to exult and sing songs of triumph whenever an adversary passes
  12068. without perceiving or noticing them.
  12069. These gentlemen want direct refutations, in order that, if they are
  12070. beaten, they may have, at least, the selfish consolation of having been
  12071. spoken of. Well, let their wish be gratified.
  12072. M. Considerant makes the most lofty pretensions to logic. His method
  12073. of procedure is always that of MAJOR, MINOR, AND CONCLUSION. He would
  12074. willingly write upon his hat, "_Argumentator in barbara_." But M.
  12075. Considerant is too intelligent and quick-witted to be a good logician,
  12076. as is proved by the fact that he appears to have taken the syllogism for
  12077. logic.
  12078. The syllogism, as everybody knows who is interested in philosophical
  12079. curiosities, is the first and perpetual sophism of the human mind,--the
  12080. favorite tool of falsehood, the stumbling-block of science, the advocate
  12081. of crime. The syllogism has produced all the evils which the fabulist
  12082. so eloquently condemned, and has done nothing good or useful: it is
  12083. as devoid of truth as of justice. We might apply to it these words of
  12084. Scripture: "_Celui qui met en lui sa confiance, perira_." Consequently,
  12085. the best philosophers long since condemned it; so that now none but the
  12086. enemies of reason wish to make the syllogism its weapon.
  12087. M. Considerant, then, has built his theory of property upon a syllogism.
  12088. Would he be disposed to stake the system of Fourier upon his arguments,
  12089. as I am ready to risk the whole doctrine of equality upon my refutation
  12090. of that system? Such a duel would be quite in keeping with the warlike
  12091. and chivalric tastes of M. Considerant, and the public would profit by
  12092. it; for, one of the two adversaries falling, no more would be said about
  12093. him, and there would be one grumbler less in the world.
  12094. The theory of M. Considerant has this remarkable feature, that, in
  12095. attempting to satisfy at the same time the claims of both laborers and
  12096. proprietors, it infringes alike upon the rights of the former and the
  12097. privileges of the latter. In the first place, the author lays it down as
  12098. a principle: "1. That the use of the land belongs to each member of the
  12099. race; that it is a natural and imprescriptible right, similar in all
  12100. respects to the right to the air and the sunshine. 2. That the right
  12101. to labor is equally fundamental, natural, and imprescriptible." I have
  12102. shown that the recognition of this double right would be the death of
  12103. property. I denounce M. Considerant to the proprietors!
  12104. But M. Considerant maintains that the right to labor creates the right
  12105. of property, and this is the way he reasons:--
  12106. Major Premise.--"Every man legitimately possesses the thing which his
  12107. labor, his skill,--or, in more general terms, his action,--has created."
  12108. To which M. Considerant adds, by way of comment: "Indeed, the land not
  12109. having been created by man, it follows from the fundamental principle
  12110. of property, that the land, being given to the race in common, can in
  12111. no wise be the exclusive and legitimate property of such and such
  12112. individuals, who were not the creators of this value."
  12113. If I am not mistaken, there is no one to whom this proposition, at first
  12114. sight and in its entirety, does not seem utterly irrefutable. Reader,
  12115. distrust the syllogism.
  12116. First, I observe that the words LEGITIMATELY POSSESSES signify to the
  12117. author's mind is _LEGITIMATE PROPRIETOR;_ otherwise the argument, being
  12118. intended to prove the legitimacy of property, would have no meaning. I
  12119. might here raise the question of the difference between property and
  12120. possession, and call upon M. Considerant, before going further, to
  12121. define the one and the other; but I pass on.
  12122. This first proposition is doubly false. 1. In that it asserts the act
  12123. of CREATION to be the only basis of property. 2. In that it regards this
  12124. act as sufficient in all cases to authorize the right of property.
  12125. And, in the first place, if man may be proprietor of the game which he
  12126. does not create, but which he KILLS; of the fruits which he does not
  12127. create, but which he GATHERS; of the vegetables which he does not
  12128. create, but which he PLANTS; of the animals which he does not create,
  12129. but which he REARS,--it is conceivable that men may in like manner
  12130. become proprietors of the land which they do not create, but which they
  12131. clear and fertilize. The act of creation, then, is not NECESSARY to the
  12132. acquisition of the right of property. I say further, that this act alone
  12133. is not always sufficient, and I prove it by the second premise of M.
  12134. Considerant:--
  12135. Minor Premise.--"Suppose that on an isolated island, on the soil of a
  12136. nation, or over the whole face of the earth (the extent of the scene of
  12137. action does not affect our judgment of the facts), a generation of
  12138. human beings devotes itself for the first time to industry, agriculture,
  12139. manufactures, &c. This generation, by its labor, intelligence, and
  12140. activity, creates products, develops values which did not exist on the
  12141. uncultivated land. Is it not perfectly clear that the property of this
  12142. industrious generation will stand on a basis of right, if the value
  12143. or wealth produced by the activity of all be distributed among the
  12144. producers, according to each one's assistance in the creation of the
  12145. general wealth? That is unquestionable."
  12146. That is quite questionable. For this value or wealth, PRODUCED BY THE
  12147. ACTIVITY OF ALL, is by the very fact of its creation COLLECTIVE wealth,
  12148. the use of which, like that of the land, may be divided, but which as
  12149. property remains UNDIVIDED. And why this undivided ownership? Because
  12150. the society which creates is itself indivisible,--a permanent unit,
  12151. incapable of reduction to fractions. And it is this unity of society
  12152. which makes the land common property, and which, as M. Considerant
  12153. says, renders its use imprescriptible in the case of every individual.
  12154. Suppose, indeed, that at a given time the soil should be equally
  12155. divided; the very next moment this division, if it allowed the right
  12156. of property, would become illegitimate. Should there be the slightest
  12157. irregularity in the method of transfer, men, members of society,
  12158. imprescriptible possessors of the land, might be deprived at one blow of
  12159. property, possession, and the means of production. In short, property
  12160. in capital is indivisible, and consequently inalienable, not necessarily
  12161. when the capital is UNCREATED, but when it is COMMON or COLLECTIVE.
  12162. I confirm this theory against M. Considerant, by the third term of his
  12163. syllogism:--
  12164. Conclusion.--"The results of the labor performed by this generation are
  12165. divisible into two classes, between which it is important clearly to
  12166. distinguish. The first class includes the products of the soil which
  12167. belong to this first generation in its usufructuary capacity, augmented,
  12168. improved and refined by its labor and industry. These products consist
  12169. either of objects of consumption or instruments of labor. It is clear
  12170. that these products are the legitimate property of those who have
  12171. created them by their activity.... Second class.--Not only has this
  12172. generation created the products just mentioned (objects of consumption
  12173. and instruments of labor), but it has also added to the original value
  12174. of the soil by cultivation, by the erection of buildings, by all
  12175. the labor producing permanent results, which it has performed. This
  12176. additional value evidently constitutes a product--a value created by
  12177. the activity of the first generation; and if, BY ANY MEANS WHATEVER,
  12178. the ownership of this value be distributed among the members of
  12179. society equitably,--that is, in proportion to the labor which each
  12180. has performed,--each will legitimately possess the portion which he
  12181. receives. He may then dispose of this legitimate and private property
  12182. as he sees fit,--exchange it, give it away, or transfer it; and no other
  12183. individual, or collection of other individuals,--that is, society,--can
  12184. lay any claim to these values."
  12185. Thus, by the distribution of collective capital, to the use of which
  12186. each associate, either in his own right or in right of his authors,
  12187. has an imprescriptible and undivided title, there will be in the
  12188. phalanstery, as in the France of 1841, the poor and the rich; some men
  12189. who, to live in luxury, have only, as Figaro says, to take the
  12190. trouble to be born, and others for whom the fortune of life is but an
  12191. opportunity for long-continued poverty; idlers with large incomes, and
  12192. workers whose fortune is always in the future; some privileged by birth
  12193. and caste, and others pariahs whose sole civil and political rights are
  12194. THE RIGHT TO LABOR, AND THE RIGHT TO LAND. For we must not be deceived;
  12195. in the phalanstery every thing will be as it is to-day, an object of
  12196. property,--machines, inventions, thought, books, the products of art,
  12197. of agriculture, and of industry; animals, houses, fences, vineyards,
  12198. pastures, forests, fields,--every thing, in short, except the
  12199. UNCULTIVATED LAND. Now, would you like to know what uncultivated land is
  12200. worth, according to the advocates of property? "A square league hardly
  12201. suffices for the support of a savage," says M. Charles Comte. Estimating
  12202. the wretched subsistence of this savage at three hundred francs
  12203. per year, we find that the square league necessary to his life is,
  12204. relatively to him, faithfully represented by a rent of fifteen francs.
  12205. In France there are twenty-eight thousand square leagues, the total rent
  12206. of which, by this estimate, would be four hundred and twenty thousand
  12207. francs, which, when divided among nearly thirty-four millions of people,
  12208. would give each an INCOME OF A CENTIME AND A QUARTER. That is the new
  12209. right which the great genius of Fourier has invented IN BEHALF OF THE
  12210. FRENCH PEOPLE, and with which his first disciple hopes to reform the
  12211. world. I denounce M. Considerant to the proletariat!
  12212. If the theory of M. Considerant would at least really guarantee this
  12213. property which he cherishes so jealously, I might pardon him the flaws
  12214. in his syllogism, certainly the best one he ever made in his life. But,
  12215. no: that which M. Considerant takes for property is only a privilege
  12216. of extra pay. In Fourier's system, neither the created capital nor
  12217. the increased value of the soil are divided and appropriated in any
  12218. effective manner: the instruments of labor, whether created or not,
  12219. remain in the hands of the phalanx; the pretended proprietor can touch
  12220. only the income. He is permitted neither to realize his share of the
  12221. stock, nor to possess it exclusively, nor to administer it, whatever it
  12222. be. The cashier throws him his dividend; and then, proprietor, eat the
  12223. whole if you can!
  12224. The system of Fourier would not suit the proprietors, since it takes
  12225. away the most delightful feature of property,--the free disposition of
  12226. one's goods. It would please the communists no better, since it involves
  12227. unequal conditions. It is repugnant to the friends of free association
  12228. and equality, in consequence of its tendency to wipe out human character
  12229. and individuality by suppressing possession, family, and country,--the
  12230. threefold expression of the human personality.
  12231. Of all our active publicists, none seem to me more fertile in resources,
  12232. richer in imagination, more luxuriant and varied in style, than M.
  12233. Considerant. Nevertheless, I doubt if he will undertake to reestablish
  12234. his theory of property. If he has this courage, this is what I would say
  12235. to him: "Before writing your reply, consider well your plan of action;
  12236. do not scour the country; have recourse to none of your ordinary
  12237. expedients; no complaints of civilization; no sarcasms upon equality;
  12238. no glorification of the phalanstery. Leave Fourier and the departed in
  12239. peace, and endeavor only to re-adjust the pieces of your syllogism. To
  12240. this end, you ought, first, to analyze closely each proposition of your
  12241. adversary; second, to show the error, either by a direct refutation, or
  12242. by proving the converse; third, to oppose argument to argument, so that,
  12243. objection and reply meeting face to face, the stronger may break down
  12244. the weaker, and shiver it to atoms. By that method only can you boast of
  12245. having conquered, and compel me to regard you as an honest reasoner, and
  12246. a good artillery-man."
  12247. I should have no excuse for tarrying longer with these phalansterian
  12248. crotchets, if the obligation which I have imposed upon myself of making
  12249. a clean sweep, and the necessity of vindicating my dignity as a writer,
  12250. did not prevent me from passing in silence the reproach uttered against
  12251. me by a correspondent of "La Phalange." "We have seen but lately," says
  12252. this journalist, [71] "that M. Proudhon, enthusiast as he has been for
  12253. the science created by Fourier, is, or will be, an enthusiast for any
  12254. thing else whatsoever."
  12255. If ever sectarians had the right to reproach another for changes in
  12256. his beliefs, this right certainly does not belong to the disciples of
  12257. Fourier, who are always so eager to administer the phalansterian baptism
  12258. to the deserters of all parties. But why regard it as a crime, if they
  12259. are sincere? Of what consequence is the constancy or inconstancy of
  12260. an individual to the truth which is always the same? It is better
  12261. to enlighten men's minds than to teach them to be obstinate in their
  12262. prejudices. Do we not know that man is frail and fickle, that his heart
  12263. is full of delusions, and that his lips are a distillery of falsehood?
  12264. _Omnis homo meudax_. Whether we will or no, we all serve for a time as
  12265. instruments of this truth, whose kingdom comes every day.
  12266. God alone is immutable, because he is eternal.
  12267. That is the reply which, as a general rule, an honest man is entitled
  12268. always to make, and which I ought perhaps to be content to offer as an
  12269. excuse; for I am no better than my fathers. But, in a century of doubt
  12270. and apostasy like ours, when it is of importance to set the small and
  12271. the weak an example of strength and honesty of utterance, I must not
  12272. suffer my character as a public assailant of property to be dishonored.
  12273. I must render an account of my old opinions.
  12274. Examining myself, therefore, upon this charge of Fourierism, and
  12275. endeavoring to refresh my memory, I find that, having been connected
  12276. with the Fourierists in my studies and my friendships, it is possible
  12277. that, without knowing it, I have been one of Fourier's partisans. Jerome
  12278. Lalande placed Napoleon and Jesus Christ in his catalogue of atheists.
  12279. The Fourierists resemble this astronomer: if a man happens to find fault
  12280. with the existing civilization, and to admit the truth of a few of their
  12281. criticisms, they straightway enlist him, willy-nilly, in their school.
  12282. Nevertheless, I do not deny that I have been a Fourierist; for,
  12283. since they say it, of course it may be so. But, sir, that of which my
  12284. ex-associates are ignorant, and which doubtless will astonish you, is
  12285. that I have been many other things,--in religion, by turns a Protestant,
  12286. a Papist, an Arian and Semi-Arian, a Manichean, a Gnostic, an
  12287. Adamite even and a Pre-Adamite, a Sceptic, a Pelagian, a Socinian, an
  12288. Anti-Trinitarian, and a Neo-Christian; [72] in philosophy and politics,
  12289. an Idealist, a Pantheist, a Platonist, a Cartesian, an Eclectic
  12290. (that is, a sort of _juste-milieu_), a Monarchist, an Aristocrat,
  12291. a Constitutionalist, a follower of Babeuf, and a Communist. I have
  12292. wandered through a whole encyclopaedia of systems. Do you think
  12293. it surprising, sir, that, among them all, I was for a short time a
  12294. Fourierist?
  12295. For my part, I am not at all surprised, although at present I have
  12296. no recollection of it. One thing is sure,--that my superstition and
  12297. credulity reached their height at the very period of my life which my
  12298. critics reproachfully assign as the date of my Fourieristic beliefs.
  12299. Now I hold quite other views. My mind no longer admits that which is
  12300. demonstrated by syllogisms, analogies, or metaphors, which are the
  12301. methods of the phalanstery, but demands a process of generalization and
  12302. induction which excludes error. Of my past OPINIONSS I retain absolutely
  12303. none. I have acquired some KNOWLEDGE. I no longer BELIEVE. I either
  12304. KNOW, or am IGNORANT. In a word, in seeking for the reason of things, I
  12305. saw that I was a RATIONALIST.
  12306. Undoubtedly, it would have been simpler to begin where I have ended.
  12307. But then, if such is the law of the human mind; if all society, for six
  12308. thousand years, has done nothing but fall into error; if all mankind are
  12309. still buried in the darkness of faith, deceived by their prejudices and
  12310. passions, guided only by the instinct of their leaders; if my accusers,
  12311. themselves, are not free from sectarianism (for they call themselves
  12312. FOURIERISTS),--am I alone inexcusable for having, in my inner self, at
  12313. the secret tribunal of my conscience, begun anew the journey of our poor
  12314. humanity?
  12315. I would by no means, then, deny my errors; but, sir, that which
  12316. distinguishes me from those who rush into print is the fact that, though
  12317. my thoughts have varied much, my writings do not vary. To-day, even, and
  12318. on a multitude of questions, I am beset by a thousand extravagant and
  12319. contradictory opinions; but my opinions I do not print, for the public
  12320. has nothing to do with them. Before addressing my fellow-men, I wait
  12321. until light breaks in upon the chaos of my ideas, in order that what I
  12322. may say may be, not the whole truth (no man can know that), but nothing
  12323. but the truth.
  12324. This singular disposition of my mind to first identify itself with a
  12325. system in order to better understand it, and then to reflect upon it in
  12326. order to test its legitimacy, is the very thing which disgusted me with
  12327. Fourier, and ruined in my esteem the societary school. To be a faithful
  12328. Fourierist, in fact, one must abandon his reason and accept every
  12329. thing from a master,--doctrine, interpretation, and application. M.
  12330. Considerant, whose excessive intolerance anathematizes all who do not
  12331. abide by his sovereign decisions, has no other conception of Fourierism.
  12332. Has he not been appointed Fourier's vicar on earth and pope of a Church
  12333. which, unfortunately for its apostles, will never be of this world?
  12334. Passive belief is the theological virtue of all sectarians, especially
  12335. of the Fourierists.
  12336. Now, this is what happened to me. While trying to demonstrate by
  12337. argument the religion of which I had become a follower in studying
  12338. Fourier, I suddenly perceived that by reasoning I was becoming
  12339. incredulous; that on each article of the creed my reason and my faith
  12340. were at variance, and that my six weeks' labor was wholly lost. I saw
  12341. that the Fourierists--in spite of their inexhaustible gabble, and their
  12342. extravagant pretension to decide in all things--were neither savants,
  12343. nor logicians, nor even believers; that they were SCIENTIFIC QUACKS, who
  12344. were led more by their self-love than their conscience to labor for the
  12345. triumph of their sect, and to whom all means were good that would reach
  12346. that end. I then understood why to the Epicureans they promised women,
  12347. wine, music, and a sea of luxury; to the rigorists, maintenance of
  12348. marriage, purity of morals, and temperance; to laborers, high wages;
  12349. to proprietors, large incomes; to philosophers, solutions the secret
  12350. of which Fourier alone possessed; to priests, a costly religion and
  12351. magnificent festivals; to savants, knowledge of an unimaginable nature;
  12352. to each, indeed, that which he most desired. In the beginning,
  12353. this seemed to me droll; in the end, I regarded it as the height of
  12354. impudence. No, sir; no one yet knows of the foolishness and infamy which
  12355. the phalansterian system contains. That is a subject which I mean to
  12356. treat as soon as I have balanced my accounts with property. [73]
  12357. It is rumored that the Fourierists think of leaving France and going to
  12358. the new world to found a phalanstery. When a house threatens to fall,
  12359. the rats scamper away; that is because they are rats. Men do better;
  12360. they rebuild it. Not long since, the St. Simonians, despairing of their
  12361. country which paid no heed to them, proudly shook the dust from their
  12362. feet, and started for the Orient to fight the battle of free woman.
  12363. Pride, wilfulness, mad selfishness! True charity, like true faith,
  12364. does not worry, never despairs; it seeks neither its own glory, nor
  12365. its interest, nor empire; it does every thing for all, speaks with
  12366. indulgence to the reason and the will, and desires to conquer only by
  12367. persuasion and sacrifice. Remain in France, Fourierists, if the progress
  12368. of humanity is the only thing which you have at heart! There is more to
  12369. do here than in the new world. Otherwise, go! you are nothing but liars
  12370. and hypocrites!
  12371. The foregoing statement by no means embraces all the political elements,
  12372. all the opinions and tendencies, which threaten the future of property;
  12373. but it ought to satisfy any one who knows how to classify facts, and to
  12374. deduce their law or the idea which governs them. Existing society seems
  12375. abandoned to the demon of falsehood and discord; and it is this sad
  12376. sight which grieves so deeply many distinguished minds who lived too
  12377. long in a former age to be able to understand ours. Now, while the
  12378. short-sighted spectator begins to despair of humanity, and, distracted
  12379. and cursing that of which he is ignorant, plunges into scepticism and
  12380. fatalism, the true observer, certain of the spirit which governs
  12381. the world, seeks to comprehend and fathom Providence. The memoir on
  12382. "Property," published last year by the pensioner of the Academy of
  12383. Besancon, is simply a study of this nature.
  12384. The time has come for me to relate the history of this unlucky treatise,
  12385. which has already caused me so much chagrin, and made me so unpopular;
  12386. but which was on my part so involuntary and unpremeditated, that I would
  12387. dare to affirm that there is not an economist, not a philosopher, not a
  12388. jurist, who is not a hundred times guiltier than I. There is something
  12389. so singular in the way in which I was led to attack property, that if,
  12390. on hearing my sad story, you persist, sir, in your blame, I hope at
  12391. least you will be forced to pity me.
  12392. I never have pretended to be a great politician; far from that, I always
  12393. have felt for controversies of a political nature the greatest aversion;
  12394. and if, in my "Essay on Property," I have sometimes ridiculed our
  12395. politicians, believe, sir, that I was governed much less by my pride
  12396. in the little that I know, than by my vivid consciousness of their
  12397. ignorance and excessive vanity. Relying more on Providence than on
  12398. men; not suspecting at first that politics, like every other science,
  12399. contained an absolute truth; agreeing equally well with Bossuet and
  12400. Jean Jacques,--I accepted with resignation my share of human misery,
  12401. and contented myself with praying to God for good deputies, upright
  12402. ministers, and an honest king. By taste as well as by discretion and
  12403. lack of confidence in my powers, I was slowly pursuing some commonplace
  12404. studies in philology, mingled with a little metaphysics, when I suddenly
  12405. fell upon the greatest problem that ever has occupied philosophical
  12406. minds: I mean the criterion of certainty.
  12407. Those of my readers who are unacquainted with the philosophical
  12408. terminology will be glad to be told in a few words what this criterion
  12409. is, which plays so great a part in my work.
  12410. The criterion of certainty, according to the philosophers, will be,
  12411. when discovered, an infallible method of establishing the truth of an
  12412. opinion, a judgment, a theory, or a system, in nearly the same way as
  12413. gold is recognized by the touchstone, as iron approaches the magnet,
  12414. or, better still, as we verify a mathematical operation by applying
  12415. the PROOF. TIME has hitherto served as a sort of criterion for society.
  12416. Thus, the primitive men--having observed that they were not all equal
  12417. in strength, beauty, and labor--judged, and rightly, that certain ones
  12418. among them were called by nature to the performance of simple and common
  12419. functions; but they concluded, and this is where their error lay, that
  12420. these same individuals of duller intellect, more restricted genius, and
  12421. weaker personality, were predestined to SERVE the others; that is, to
  12422. labor while the latter rested, and to have no other will than theirs:
  12423. and from this idea of a natural subordination among men sprang
  12424. domesticity, which, voluntarily accepted at first, was imperceptibly
  12425. converted into horrible slavery. Time, making this error more palpable,
  12426. has brought about justice. Nations have learned at their own cost that
  12427. the subjection of man to man is a false idea, an erroneous theory,
  12428. pernicious alike to master and to slave. And yet such a social system
  12429. has stood several thousand years, and has been defended by celebrated
  12430. philosophers; even to-day, under somewhat mitigated forms, sophists of
  12431. every description uphold and extol it. But experience is bringing it to
  12432. an end.
  12433. Time, then, is the criterion of societies; thus looked at, history is
  12434. the demonstration of the errors of humanity by the argument _reductio ad
  12435. absurdum_.
  12436. Now, the criterion sought for by metaphysicians would have the advantage
  12437. of discriminating at once between the true and the false in every
  12438. opinion; so that in politics, religion, and morals, for example, the
  12439. true and the useful being immediately recognized, we should no longer
  12440. need to await the sorrowful experience of time. Evidently such a secret
  12441. would be death to the sophists,--that cursed brood, who, under different
  12442. names, excite the curiosity of nations, and, owing to the difficulty
  12443. of separating the truth from the error in their artistically woven
  12444. theories, lead them into fatal ventures, disturb their peace, and fill
  12445. them with such extraordinary prejudice.
  12446. Up to this day, the criterion of certainty remains a mystery; this is
  12447. owing to the multitude of criteria that have been successively proposed.
  12448. Some have taken for an absolute and definite criterion the testimony
  12449. of the senses; others intuition; these evidence; those argument. M.
  12450. Lamennais affirms that there is no other criterion than universal
  12451. reason. Before him, M. de Bonald thought he had discovered it in
  12452. language. Quite recently, M. Buchez has proposed morality; and, to
  12453. harmonize them all, the eclectics have said that it was absurd to seek
  12454. for an absolute criterion, since there were as many criteria as special
  12455. orders of knowledge.
  12456. Of all these hypotheses it may be observed, That the testimony of the
  12457. senses is not a criterion, because the senses, relating us only to
  12458. phenomena, furnish us with no ideas; that intuition needs external
  12459. confirmation or objective certainty; that evidence requires proof, and
  12460. argument verification; that universal reason has been wrong many a time;
  12461. that language serves equally well to express the true or the false; that
  12462. morality, like all the rest, needs demonstration and rule; and finally,
  12463. that the eclectic idea is the least reasonable of all, since it is of no
  12464. use to say that there are several criteria if we cannot point out one.
  12465. I very much fear that it will be with the criterion as with the
  12466. philosopher's stone; that it will finally be abandoned, not only as
  12467. insolvable, but as chimerical. Consequently, I entertain no hopes of
  12468. having found it; nevertheless, I am not sure that some one more skilful
  12469. will not discover it.
  12470. Be it as it may with regard to a criterion or criteria, there are
  12471. methods of demonstration which, when applied to certain subjects,
  12472. may lead to the discovery of unknown truths, bring to light relations
  12473. hitherto unsuspected, and lift a paradox to the highest degree of
  12474. certainty. In such a case, it is not by its novelty, nor even by its
  12475. content, that a system should be judged, but by its method. The critic,
  12476. then, should follow the example of the Supreme Court, which, in the
  12477. cases which come before it, never examines the facts, but only the form
  12478. of procedure. Now, what is the form of procedure? A method.
  12479. I then looked to see what philosophy, in the absence of a criterion, had
  12480. accomplished by the aid of special methods, and I must say that I
  12481. could not discover--in spite of the loudly-proclaimed pretensions
  12482. of some--that it had produced any thing of real value; and, at last,
  12483. wearied with the philosophical twaddle, I resolved to make a new search
  12484. for the criterion. I confess it, to my shame, this folly lasted for two
  12485. years, and I am not yet entirely rid of it. It was like seeking a needle
  12486. in a haystack. I might have learned Chinese or Arabic in the time that I
  12487. have lost in considering and reconsidering syllogisms, in rising to
  12488. the summit of an induction as to the top of a ladder, in inserting
  12489. a proposition between the horns of a dilemma, in decomposing,
  12490. distinguishing, separating, denying, affirming, admitting, as if I could
  12491. pass abstractions through a sieve.
  12492. I selected justice as the subject-matter of my experiments.
  12493. Finally, after a thousand decompositions, recompositions, and double
  12494. compositions, I found at the bottom of my analytical crucible, not the
  12495. criterion of certainty, but a metaphysico-economico-political treatise,
  12496. whose conclusions were such that I did not care to present them in a
  12497. more artistic or, if you will, more intelligible form. The effect which
  12498. this work produced upon all classes of minds gave me an idea of the
  12499. spirit of our age, and did not cause me to regret the prudent and
  12500. scientific obscurity of my style. How happens it that to-day I am
  12501. obliged to defend my intentions, when my conduct bears the evident
  12502. impress of such lofty morality?
  12503. You have read my work, sir, and you know the gist of my tedious and
  12504. scholastic lucubrations. Considering the revolutions of humanity,
  12505. the vicissitudes of empires, the transformations of property, and the
  12506. innumerable forms of justice and of right, I asked, "Are the evils which
  12507. afflict us inherent in our condition as men, or do they arise only from
  12508. an error? This inequality of fortunes which all admit to be the cause of
  12509. society's embarrassments, is it, as some assert, the effect of Nature;
  12510. or, in the division of the products of labor and the soil, may there not
  12511. have been some error in calculation? Does each laborer receive all that
  12512. is due him, and only that which is due him? In short, in the present
  12513. conditions of labor, wages, and exchange, is no one wronged?--are the
  12514. accounts well kept?--is the social balance accurate?"
  12515. Then I commenced a most laborious investigation. It was necessary to
  12516. arrange informal notes, to discuss contradictory titles, to reply to
  12517. captious allegations, to refute absurd pretensions, and to describe
  12518. fictitious debts, dishonest transactions, and fraudulent accounts. In
  12519. order to triumph over quibblers, I had to deny the authority of custom,
  12520. to examine the arguments of legislators, and to oppose science with
  12521. science itself. Finally, all these operations completed, I had to give a
  12522. judicial decision.
  12523. I therefore declared, my hand upon my heart, before God and men, that
  12524. the causes of social inequality are three in number: 1. GRATUITOUS
  12525. APPROPRIATION OF COLLECTIVE WEALTH; 2. INEQUALITY IN EXCHANGE; 3. THE
  12526. RIGHT OF PROFIT OR INCREASE.
  12527. And since this threefold method of extortion is the very essence of the
  12528. domain of property, I denied the legitimacy of property, and proclaimed
  12529. its identity with robbery.
  12530. That is my only offence. I have reasoned upon property; I have searched
  12531. for the criterion of justice; I have demonstrated, not the possibility,
  12532. but the necessity, of equality of fortunes; I have allowed myself no
  12533. attack upon persons, no assault upon the government, of which I, more
  12534. than any one else, am a provisional adherent. If I have sometimes
  12535. used the word PROPRIETOR, I have used it as the abstract name of a
  12536. metaphysical being, whose reality breathes in every individual,--not
  12537. alone in a privileged few.
  12538. Nevertheless, I acknowledge--for I wish my confession to be
  12539. sincere--that the general tone of my book has been bitterly censured.
  12540. They complain of an atmosphere of passion and invective unworthy of
  12541. an honest man, and quite out of place in the treatment of so grave a
  12542. subject.
  12543. If this reproach is well founded (which it is impossible for me either
  12544. to deny or admit, because in my own cause I cannot be judge),--if, I
  12545. say, I deserve this charge, I can only humble myself and acknowledge
  12546. myself guilty of an involuntary wrong; the only excuse that I could
  12547. offer being of such a nature that it ought not to be communicated to the
  12548. public. All that I can say is, that I understand better than any one how
  12549. the anger which injustice causes may render an author harsh and violent
  12550. in his criticisms. When, after twenty years of labor, a man still finds
  12551. himself on the brink of starvation, and then suddenly discovers in
  12552. an equivocation, an error in calculation, the cause of the evil which
  12553. torments him in common with so many millions of his fellows, he can
  12554. scarcely restrain a cry of sorrow and dismay.
  12555. But, sir, though pride be offended by my rudeness, it is not to pride
  12556. that I apologize, but to the proletaires, to the simple-minded, whom I
  12557. perhaps have scandalized. My angry dialectics may have produced a bad
  12558. effect on some peaceable minds. Some poor workingman--more affected
  12559. by my sarcasm than by the strength of my arguments--may, perhaps, have
  12560. concluded that property is the result of a perpetual Machiavelianism on
  12561. the part of the governors against the governed,--a deplorable error of
  12562. which my book itself is the best refutation. I devoted two chapters to
  12563. showing how property springs from human personality and the comparison
  12564. of individuals. Then I explained its perpetual limitation; and,
  12565. following out the same idea, I predicted its approaching disappearance.
  12566. How, then, could the editors of the "Revue Democratique," after
  12567. having borrowed from me nearly the whole substance of their economical
  12568. articles, dare to say: "The holders of the soil, and other productive
  12569. capital, are more or less wilful accomplices in a vast robbery, they
  12570. being the exclusive receivers and sharers of the stolen goods"?
  12571. The proprietors WILFULLY guilty of the crime of robbery! Never did
  12572. that homicidal phrase escape my pen; never did my heart conceive the
  12573. frightful thought. Thank Heaven! I know not how to calumniate my kind;
  12574. and I have too strong a desire to seek for the reason of things to be
  12575. willing to believe in criminal conspiracies. The millionnaire is no more
  12576. tainted by property than the journeyman who works for thirty sous per
  12577. day. On both sides the error is equal, as well as the intention. The
  12578. effect is also the same, though positive in the former, and negative
  12579. in the latter. I accused property; I did not denounce the proprietors,
  12580. which would have been absurd: and I am sorry that there are among us
  12581. wills so perverse and minds so shattered that they care for only so much
  12582. of the truth as will aid them in their evil designs. Such is the
  12583. only regret which I feel on account of my indignation, which, though
  12584. expressed perhaps too bitterly, was at least honest, and legitimate in
  12585. its source.
  12586. However, what did I do in this essay which I voluntarily submitted
  12587. to the Academy of Moral Sciences? Seeking a fixed axiom amid social
  12588. uncertainties, I traced back to one fundamental question all the
  12589. secondary questions over which, at present, so keen and diversified
  12590. a conflict is raging This question was the right of property. Then,
  12591. comparing all existing theories with each other, and extracting from
  12592. them that which is common to them all, I endeavored to discover that
  12593. element in the idea of property which is necessary, immutable, and
  12594. absolute; and asserted, after authentic verification, that this idea
  12595. is reducible to that of INDIVIDUAL AND TRANSMISSIBLE POSSESSION;
  12596. SUSCEPTIBLE OF EXCHANGE, BUT NOT OF ALIENATION; FOUNDED ON LABOR, AND
  12597. NOT ON FICTITIOUS OCCUPANCY, OR IDLE CAPRICE. I said, further, that this
  12598. idea was the result of our revolutionary movements,--the culminating
  12599. point towards which all opinions, gradually divesting themselves of
  12600. their contradictory elements, converge. And I tried to demonstrate
  12601. this by the spirit of the laws, by political economy, by psychology and
  12602. history.
  12603. A Father of the Church, finishing a learned exposition of the Catholic
  12604. doctrine, cried, in the enthusiasm of his faith, _"Domine, si error est,
  12605. a te decepti sumus_ (if my religion is false, God is to blame)." I, as
  12606. well as this theologian, can say, "If equality is a fable, God, through
  12607. whom we act and think and are; God, who governs society by eternal laws,
  12608. who rewards just nations, and punishes proprietors,--God alone is the
  12609. author of evil; God has lied. The fault lies not with me."
  12610. But, if I am mistaken in my inferences, I should be shown my error, and
  12611. led out of it. It is surely worth the trouble, and I think I deserve
  12612. this honor. There is no ground for proscription.
  12613. For, in the words of that member of the Convention who did not like
  12614. the guillotine, _to kill is not to reply_. Until then, I persist in
  12615. regarding my work as useful, social, full of instruction for public
  12616. officials,--worthy, in short, of reward and encouragement.
  12617. For there is one truth of which I am profoundly convinced,--nations
  12618. live by absolute ideas, not by approximate and partial conceptions;
  12619. therefore, men are needed who define principles, or at least test them
  12620. in the fire of controversy. Such is the law,--the idea first, the pure
  12621. idea, the understanding of the laws of God, the theory: practice follows
  12622. with slow steps, cautious, attentive to the succession of events; sure
  12623. to seize, towards this eternal meridian, the indications of supreme
  12624. reason.
  12625. The co-operation of theory and practice produces in humanity the
  12626. realization of order,--the absolute truth. [74]
  12627. All of us, as long as we live, are called, each in proportion to his
  12628. strength, to this sublime work. The only duty which it imposes upon
  12629. us is to refrain from appropriating the truth to ourselves, either by
  12630. concealing it, or by accommodating it to the temper of the century,
  12631. or by using it for our own interests. This principle of conscience, so
  12632. grand and so simple, has always been present in my thought.
  12633. Consider, in fact, sir, that which I might have done, but did not wish
  12634. to do. I reason on the most honorable hypothesis. What hindered me from
  12635. concealing, for some years to come, the abstract theory of the equality
  12636. of fortunes, and, at the same time, from criticising constitutions and
  12637. codes; from showing the absolute and the contingent, the immutable and
  12638. the ephemeral, the eternal and the transitory, in laws present and past;
  12639. from constructing a new system of legislation, and establishing on
  12640. a solid foundation this social edifice, ever destroyed and as often
  12641. rebuilt? Might I not, taking up the definitions of casuists, have
  12642. clearly shown the cause of their contradictions and uncertainties, and
  12643. supplied, at the same time, the inadequacies of their conclusions? Might
  12644. I not have confirmed this labor by a vast historical exposition, in
  12645. which the principle of exclusion, and of the accumulation of property,
  12646. the appropriation of collective wealth, and the radical vice in
  12647. exchanges, would have figured as the constant causes of tyranny, war,
  12648. and revolution?
  12649. "It should have been done," you say. Do not doubt, sir, that such a task
  12650. would have required more patience than genius. With the principles of
  12651. social economy which I have analyzed, I would have had only to break
  12652. the ground, and follow the furrow. The critic of laws finds nothing more
  12653. difficult than to determine justice: the labor alone would have been
  12654. longer. Oh, if I had pursued this glittering prospect, and, like the
  12655. man of the burning bush, with inspired countenance and deep and solemn
  12656. voice, had presented myself some day with new tables, there would have
  12657. been found fools to admire, boobies to applaud, and cowards to offer me
  12658. the dictatorship; for, in the way of popular infatuations, nothing is
  12659. impossible.
  12660. But, sir, after this monument of insolence and pride, what should I have
  12661. deserved in your opinion, at the tribunal of God, and in the judgment of
  12662. free men? Death, sir, and eternal reprobation!
  12663. I therefore spoke the truth as soon as I saw it, waiting only long
  12664. enough to give it proper expression. I pointed out error in order
  12665. that each might reform himself, and render his labors more useful. I
  12666. announced the existence of a new political element, in order that
  12667. my associates in reform, developing it in concert, might arrive more
  12668. promptly at that unity of principles which alone can assure to society
  12669. a better day. I expected to receive, if not for my book, at least for
  12670. my commendable conduct, a small republican ovation. And, behold!
  12671. journalists denounce me, academicians curse me, political adventurers
  12672. (great God!) think to make themselves tolerable by protesting that they
  12673. are not like me! I give the formula by which the whole social edifice
  12674. may be scientifically reconstructed, and the strongest minds reproach
  12675. me for being able only to destroy. The rest despise me, because I am
  12676. unknown. When the "Essay on Property" fell into the reformatory camp,
  12677. some asked: "Who has spoken? Is it Arago? Is it Lamennais? Michel de
  12678. Bourges or Garnier-Pages?"
  12679. And when they heard the name of a new man: "We do not know him,"
  12680. they would reply. Thus, the monopoly of thought, property in reason,
  12681. oppresses the proletariat as well as the _bourgeoisie_. The worship of
  12682. the infamous prevails even on the steps of the tabernacle.
  12683. But what am I saying? May evil befall me, if I blame the poor creatures!
  12684. Oh! let us not despise those generous souls, who in the excitement of
  12685. their patriotism are always prompt to identify the voice of their
  12686. chiefs with the truth. Let us encourage rather their simple credulity,
  12687. enlighten complacently and tenderly their precious sincerity, and
  12688. reserve our shafts for those vain-glorious spirits who are always
  12689. admiring their genius, and, in different tongues, caressing the people
  12690. in order to govern them.
  12691. These considerations alone oblige me to reply to the strange and
  12692. superficial conclusions of the "Journal du Peuple" (issue of Oct. 11,
  12693. 1840), on the question of property. I leave, therefore, the journalist
  12694. to address myself only to his readers. I hope that the self-love of the
  12695. writer will not be offended, if, in the presence of the masses, I ignore
  12696. an individual.
  12697. You say, proletaires of the "Peuple," "For the very reason that men and
  12698. things exist, there always will be men who will possess things; nothing,
  12699. therefore, can destroy property."
  12700. In speaking thus, you unconsciously argue exactly after the manner of
  12701. M. Cousin, who always reasons from _possession_ to PROPERTY. This
  12702. coincidence, however, does not surprise me. M. Cousin is a philosopher
  12703. of much mind, and you, proletaires, have still more. Certainly it is
  12704. honorable, even for a philosopher, to be your companion in error.
  12705. Originally, the word PROPERTY was synonymous with PROPER or INDIVIDUAL
  12706. POSSESSION. It designated each individual's special right to the use of
  12707. a thing. But when this right of use, inert (if I may say so) as it
  12708. was with regard to the other usufructuaries, became active and
  12709. paramount,--that is, when the usufructuary converted his right to
  12710. personally use the thing into the right to use it by his neighbor's
  12711. labor,--then property changed its nature, and its idea became complex.
  12712. The legists knew this very well, but instead of opposing, as they ought,
  12713. this accumulation of profits, they accepted and sanctioned the whole.
  12714. And as the right of farm-rent necessarily implies the right of use,--in
  12715. other words, as the right to cultivate land by the labor of a slave
  12716. supposes one's power to cultivate it himself, according to the principle
  12717. that the greater includes the less,--the name property was reserved
  12718. to designate this double right, and that of possession was adopted to
  12719. designate the right of use.
  12720. Whence property came to be called the perfect right, the right of
  12721. domain, the eminent right, the heroic or _quiritaire_ right,--in Latin,
  12722. _jus perfectum, jus optimum, jus quiritarium, jus dominii_,--while
  12723. possession became assimilated to farm-rent.
  12724. Now, that individual possession exists of right, or, better,
  12725. from natural necessity, all philosophers admit, and can easily e
  12726. demonstrated; but when, in imitation of M. Cousin, we assume it to be
  12727. the basis of the domain of property, we fall into the sophism called
  12728. _sophisma amphiboliae vel ambiguitatis_, which consists in changing the
  12729. meaning by a verbal equivocation.
  12730. People often think themselves very profound, because, by the aid of
  12731. expressions of extreme generality, they appear to rise to the height
  12732. of absolute ideas, and thus deceive inexperienced minds; and, what
  12733. is worse, this is commonly called EXAMINING ABSTRACTIONS. But the
  12734. abstraction formed by the comparison of identical facts is one thing,
  12735. while that which is deduced from different acceptations of the same term
  12736. is quite another. The first gives the universal idea, the axiom, the
  12737. law; the second indicates the order of generation of ideas. All
  12738. our errors arise from the constant confusion of these two kinds of
  12739. abstractions. In this particular, languages and philosophies are alike
  12740. deficient. The less common an idiom is, and the more obscure its
  12741. terms, the more prolific is it as a source of error: a philosopher is
  12742. sophistical in proportion to his ignorance of any method of neutralizing
  12743. this imperfection in language. If the art of correcting the errors of
  12744. speech by scientific methods is ever discovered, then philosophy will
  12745. have found its criterion of certainty.
  12746. Now, then, the difference between property and possession being well
  12747. established, and it being settled that the former, for the reasons
  12748. which I have just given, must necessarily disappear, is it best, for the
  12749. slight advantage of restoring an etymology, to retain the word PROPERTY?
  12750. My opinion is that it would be very unwise to do so, and I will tell
  12751. why. I quote from the "Journal du Peuple:"--
  12752. "To the legislative power belongs the right to regulate property, to
  12753. prescribe the conditions of acquiring, possessing, and transmitting
  12754. it... It cannot be denied that inheritance, assessment, commerce,
  12755. industry, labor, and wages require the most important modifications."
  12756. You wish, proletaires, to REGULATE PROPERTY; that is, you wish to
  12757. destroy it and reduce it to the right of possession. For to regulate
  12758. property without the consent of the proprietors is to deny the right
  12759. OF DOMAIN; to associate employees with proprietors is to destroy
  12760. the EMINENT right; to suppress or even reduce farm-rent, house-rent,
  12761. revenue, and increase generally, is to annihilate PERFECT property. Why,
  12762. then, while laboring with such laudable enthusiasm for the establishment
  12763. of equality, should you retain an expression whose equivocal meaning
  12764. will always be an obstacle in the way of your success?
  12765. There you have the first reason--a wholly philosophical one--for
  12766. rejecting not only the thing, but the name, property. Here now is the
  12767. political, the highest reason.
  12768. Every social revolution--M. Cousin will tell you--is effected only by
  12769. the realization of an idea, either political, moral, or religious. When
  12770. Alexander conquered Asia, his idea was to avenge Greek liberty against
  12771. the insults of Oriental despotism; when Marius and Caesar overthrew
  12772. the Roman patricians, their idea was to give bread to the people;
  12773. when Christianity revolutionized the world, its idea was to emancipate
  12774. mankind, and to substitute the worship of one God for the deities of
  12775. Epicurus and Homer; when France rose in '89, her idea was liberty and
  12776. equality before the law. There has been no true revolution, says M.
  12777. Cousin, with out its idea; so that where an idea does not exist, or even
  12778. fails of a formal expression, revolution is impossible. There are mobs,
  12779. conspirators, rioters, regicides. There are no revolutionists. Society,
  12780. devoid of ideas, twists and tosses about, and dies in the midst of its
  12781. fruitless labor.
  12782. Nevertheless, you all feel that a revolution is to come, and that you
  12783. alone can accomplish it. What, then, is the idea which governs you,
  12784. proletaires of the nineteenth century?--for really I cannot call you
  12785. revolutionists. What do you think?--what do you believe?--what do you
  12786. want? Be guarded in your reply. I have read faithfully your favorite
  12787. journals, your most esteemed authors. I find everywhere only vain and
  12788. puerile _entites_; nowhere do I discover an idea.
  12789. I will explain the meaning of this word _entite_,--new, without doubt,
  12790. to most of you.
  12791. By _entite_ is generally understood a substance which the imagination
  12792. grasps, but which is incognizable by the senses and the reason. Thus the
  12793. SOPORIFIC POWER of opium, of which Sganarelle speaks, and the PECCANT
  12794. HUMORS of ancient medicine, are _entites_. The _entite_ is the
  12795. support of those who do not wish to confess their ignorance. It
  12796. is incomprehensible; or, as St. Paul says, the _argumentum non
  12797. apparentium_. In philosophy, the _entite_ is often only a repetition of
  12798. words which add nothing to the thought.
  12799. For example, when M. Pierre Leroux--who says so many excellent things,
  12800. but who is too fond, in my opinion, of his Platonic formulas--assures us
  12801. that the evils of humanity are due to our IGNORANCE OF LIFE, M. Pierre
  12802. Leroux utters an _entite;_ for it is evident that if we are evil it is
  12803. because we do not know how to live; but the knowledge of this fact is of
  12804. no value to us.
  12805. When M. Edgar Quinet declares that France suffers and declines because
  12806. there is an ANTAGONISM of men and of interests, he declares an _entite;_
  12807. for the problem is to discover the cause of this antagonism.
  12808. When M. Lamennais, in thunder tones, preaches self-sacrifice and love,
  12809. he proclaims two _entites_; for we need to know on what conditions
  12810. self-sacrifice and love can spring up and exist.
  12811. So also, proletaires, when you talk of LIBERTY, PROGRESS, and THE
  12812. SOVEREIGNTY OF THE PEOPLE, you make of these naturally intelligible
  12813. things so many _entites_ in space: for, on the one hand, we need a new
  12814. definition of liberty, since that of '89 no longer suffices; and, on the
  12815. other, we must know in what direction society should proceed in order to
  12816. be in progress. As for the sovereignty of the people, that is a
  12817. grosser _entite_ than the sovereignty of reason; it is the _entite_
  12818. of _entites_. In fact, since sovereignty can no more be conceived
  12819. of outside of the people than outside of reason, it remains to be
  12820. ascertained who, among the people, shall exercise the sovereignty; and,
  12821. among so many minds, which shall be the sovereigns. To say that the
  12822. people should elect their representatives is to say that the people
  12823. should recognize their sovereigns, which does not remove the difficulty
  12824. at all.
  12825. But suppose that, equal by birth, equal before the law, equal in
  12826. personality, equal in social functions, you wish also to be equal in
  12827. conditions.
  12828. Suppose that, perceiving all the mutual relations of men, whether
  12829. they produce or exchange or consume, to be relations of commutative
  12830. justice,--in a word, social relations; suppose, I say, that, perceiving
  12831. this, you wish to give this natural society a legal existence, and to
  12832. establish the fact by law,--
  12833. I say that then you need a clear, positive, and exact expression of your
  12834. whole idea,--that is, an expression which states at once the principle,
  12835. the means, and the end; and I add that that expression is ASSOCIATION.
  12836. And since the association of the human race dates, at least rightfully,
  12837. from the beginning of the world, and has gradually established and
  12838. perfected itself by successively divesting itself of its negative
  12839. elements, slavery, nobility, despotism, aristocracy, and feudalism,--I
  12840. say that, to eliminate the last negation of society, to formulate the
  12841. last revolutionary idea, you must change your old rallying-cries, NO
  12842. MORE ABSOLUTISM, NO MORE NOBILITY, NO MORE SLAVES! into that of NO MORE
  12843. PROPERTY!...
  12844. But I know what astonishes you, poor souls, blasted by the wind of
  12845. poverty, and crushed by your patrons' pride: it is EQUALITY, whose
  12846. consequences frighten you. How, you have said in your journal,--how can
  12847. we "dream of a level which, being unnatural, is therefore unjust? How
  12848. shall we pay the day's labor of a Cormenin or a Lamennais?"
  12849. Plebeians, listen! When, after the battle of Salamis, the Athenians
  12850. assembled to award the prizes for courage, after the ballots had been
  12851. collected, it was found that each combatant had one vote for the first
  12852. prize, and Themistocles all the votes for the second. The people of
  12853. Minerva were crowned by their own hands. Truly heroic souls! all were
  12854. worthy of the olive-branch, since all had ventured to claim it for
  12855. themselves. Antiquity praised this sublime spirit. Learn, proletaires,
  12856. to esteem yourselves, and to respect your dignity. You wish to be
  12857. free, and you know not how to be citizens. Now, whoever says "citizens"
  12858. necessarily says equals.
  12859. If I should call myself Lamennais or Cormenin, and some journal,
  12860. speaking of me, should burst forth with these hyperboles, INCOMPARABLE
  12861. GENIUS, SUPERIOR MIND, CONSUMMATE VIRTUE, NOBLE CHARACTER, I should not
  12862. like it, and should complain,--first, because such eulogies are never
  12863. deserved; and, second, because they furnish a bad example. But I wish,
  12864. in order to reconcile you to equality, to measure for you the
  12865. greatest literary personage of our century. Do not accuse me of envy,
  12866. proletaires, if I, a defender of equality, estimate at their proper
  12867. value talents which are universally admired, and which I, better than
  12868. any one, know how to recognize. A dwarf can always measure a giant: all
  12869. that he needs is a yardstick.
  12870. You have seen the pretentious announcements of "L'Esquisse d'une
  12871. Philosophie," and you have admired the work on trust; for either you
  12872. have not read it, or, if you have, you are incapable of judging it.
  12873. Acquaint yourselves, then, with this speculation more brilliant than
  12874. sound; and, while admiring the enthusiasm of the author, cease to pity
  12875. those useful labors which only habit and the great number of the
  12876. persons engaged in them render contemptible. I shall be brief; for,
  12877. notwithstanding the importance of the subject and the genius of the
  12878. author, what I have to say is of but little moment.
  12879. M. Lamennais starts with the existence of God. How does he demonstrate
  12880. it? By Cicero's argument,--that is, by the consent of the human race.
  12881. There is nothing new in that. We have still to find out whether the
  12882. belief of the human race is legitimate; or, as Kant says, whether
  12883. our subjective certainty of the existence of God corresponds with the
  12884. objective truth. This, however, does not trouble M. Lamennais. He says
  12885. that, if the human race believes, it is because it has a reason for
  12886. believing.
  12887. Then, having pronounced the name of God, M. Lamennais sings a hymn; and
  12888. that is his demonstration!
  12889. This first hypothesis admitted, M. Lamennais follows it with a second;
  12890. namely, that there are three persons in God. But, while Christianity
  12891. teaches the dogma of the Trinity only on the authority of revelation, M.
  12892. Lamennais pretends to arrive at it by the sole force of argument; and he
  12893. does not perceive that his pretended demonstration is, from beginning to
  12894. end, anthropomorphism,--that is, an ascription of the faculties of the
  12895. human mind and the powers of nature to the Divine substance. New songs,
  12896. new hymns!
  12897. God and the Trinity thus DEMONSTRATED, the philosopher passes to the
  12898. creation,--a third hypothesis, in which M. Lamennais, always eloquent,
  12899. varied, and sublime, DEMONSTRATES that God made the world neither of
  12900. nothing, nor of something, nor of himself; that he was free in creating,
  12901. but that nevertheless he could not but create; that there is in matter
  12902. a matter which is not matter; that the archetypal ideas of the world are
  12903. separated from each other, in the Divine mind, by a division which is
  12904. obscure and unintelligible, and yet substantial and real, which involves
  12905. intelligibility, &c. We meet with like contradictions concerning the
  12906. origin of evil. To explain this problem,--one of the profoundest in
  12907. philosophy,--M. Lamennais at one time denies evil, at another makes God
  12908. the author of evil, and at still another seeks outside of God a
  12909. first cause which is not God,--an amalgam of _entites_ more or less
  12910. incoherent, borrowed from Plato, Proclus, Spinoza, I might say even from
  12911. all philosophers.
  12912. Having thus established his trinity of hypotheses, M. Lamennais
  12913. deduces therefrom, by a badly connected chain of analogies, his whole
  12914. philosophy. And it is here especially that we notice the syncretism
  12915. which is peculiar to him. The theory of M. Lamennais embraces all
  12916. systems, and supports all opinions. Are you a materialist? Suppress,
  12917. as useless _entites_, the three persons in God; then, starting directly
  12918. from heat, light, and electro-magnetism,--which, according to the
  12919. author, are the three original fluids, the three primary external
  12920. manifestations of Will, Intelligence, and Love,--you have a
  12921. materialistic and atheistic cosmogony. On the contrary, are you wedded
  12922. to spiritualism? With the theory of the immateriality of the body, you
  12923. are able to see everywhere nothing but spirits. Finally, if you incline
  12924. to pantheism, you will be satisfied by M. Lamennais, who formally
  12925. teaches that the world is not an EMANATION from Divinity,--which is pure
  12926. pantheism,--but a FLOW of Divinity.
  12927. I do not pretend, however, to deny that "L'Esquisse" contains some
  12928. excellent things; but, by the author's declaration, these things are not
  12929. original with him; it is the system which is his. That is undoubtedly
  12930. the reason why M. Lamennais speaks so contemptuously of his predecessors
  12931. in philosophy, and disdains to quote his originals. He thinks that,
  12932. since "L'Esquisse" contains all true philosophy, the world will lose
  12933. nothing when the names and works of the old philosophers perish. M.
  12934. Lamennais, who renders glory to God in beautiful songs, does not know
  12935. how as well to render justice to his fellows. His fatal fault is this
  12936. appropriation of knowledge, which the theologians call the PHILOSOPHICAL
  12937. SIN, or the SIN AGAINST THE HOLY GHOST--a sin which will not damn you,
  12938. proletaires, nor me either.
  12939. In short, "L'Esquisse," judged as a system, and divested of all which
  12940. its author borrows from previous systems, is a commonplace work, whose
  12941. method consists in constantly explaining the known by the unknown, and
  12942. in giving entites for abstractions, and tautologies for proofs. Its
  12943. whole theodicy is a work not of genius but of imagination, a patching up
  12944. of neo-Platonic ideas. The psychological portion amounts to nothing,
  12945. M. Lamennais openly ridiculing labors of this character, without which,
  12946. however, metaphysics is impossible. The book, which treats of logic
  12947. and its methods, is weak, vague, and shallow. Finally, we find in the
  12948. physical and physiological speculations which M. Lamennais deduces
  12949. from his trinitarian cosmogony grave errors, the preconceived design of
  12950. accommodating facts to theory, and the substitution in almost every case
  12951. of hypothesis for reality. The third volume on industry and art is the
  12952. most interesting to read, and the best. It is true that M. Lamennais
  12953. can boast of nothing but his style. As a philosopher, he has added not a
  12954. single idea to those which existed before him.
  12955. Why, then, this excessive mediocrity of M. Lamennais considered as
  12956. a thinker, a mediocrity which disclosed itself at the time of the
  12957. publication of the "Essai sur l'Indifference!"? It is because (remember
  12958. this well, proletaires!) Nature makes no man truly complete, and because
  12959. the development of certain faculties almost always excludes an equal
  12960. development of the opposite faculties; it is because M. Lamennais
  12961. is preeminently a poet, a man of feeling and sentiment. Look at his
  12962. style,--exuberant, sonorous, picturesque, vehement, full of exaggeration
  12963. and invective,--and hold it for certain that no man possessed of such
  12964. a style was ever a true metaphysician. This wealth of expression and
  12965. illustration, which everybody admires, becomes in M Lamennais the
  12966. incurable cause of his philosophical impotence. His flow of language,
  12967. and his sensitive nature misleading his imagination, he thinks that
  12968. he is reasoning when he is only repeating himself, and readily takes a
  12969. description for a logical deduction. Hence his horror of positive ideas,
  12970. his feeble powers of analysis, his pronounced taste for indefinite
  12971. analogies, verbal abstractions, hypothetical generalities, in short, all
  12972. sorts of entites.
  12973. Further, the entire life of M. Lamennais is conclusive proof of
  12974. his anti-philosophical genius. Devout even to mysticism, an ardent
  12975. ultramontane, an intolerant theocrat, he at first feels the double
  12976. influence of the religious reaction and the literary theories which
  12977. marked the beginning of this century, and falls back to the middle ages
  12978. and Gregory VII.; then, suddenly becoming a progressive Christian and a
  12979. democrat, he gradually leans towards rationalism, and finally falls into
  12980. deism. At present, everybody waits at the trap-door. As for me, though I
  12981. would not swear to it, I am inclined to think that M. Lamennais, already
  12982. taken with scepticism, will die in a state of indifference. He owes
  12983. to individual reason and methodical doubt this expiation of his early
  12984. essays.
  12985. It has been pretended that M. Lamennais, preaching now a theocracy, now
  12986. universal democracy, has been always consistent; that, under different
  12987. names, he has sought invariably one and the same thing,--unity. Pitiful
  12988. excuse for an author surprised in the very act of contradiction! What
  12989. would be thought of a man who, by turns a servant of despotism under
  12990. Louis XVI, a demagogue with Robespierre, a courtier of the Emperor,
  12991. a bigot during fifteen years of the Restoration, a conservative
  12992. since 1830, should dare to say that he ever had wished for but one
  12993. thing,--public order? Would he be regarded as any the less a renegade
  12994. from all parties? Public order, unity, the world's welfare, social
  12995. harmony, the union of the nations,--concerning each of these things
  12996. there is no possible difference of opinion. Everybody wishes them;
  12997. the character of the publicist depends only upon the means by which
  12998. he proposes to arrive at them. But why look to M. Lamennais for a
  12999. steadfastness of opinion, which he himself repudiates? Has he not said,
  13000. "The mind has no law; that which I believe to-day, I did not believe
  13001. yesterday; I do not know that I shall believe it to-morrow"?
  13002. No; there is no real superiority among men, since all talents and
  13003. capacities are combined never in one individual. This man has the power
  13004. of thought, that one imagination and style, still another industrial and
  13005. commercial capacity. By our very nature and education, we possess only
  13006. special aptitudes which are limited and confined, and which become
  13007. consequently more necessary as they gain in depth and strength.
  13008. Capacities are to each other as functions and persons; who would dare
  13009. to classify them in ranks? The finest genius is, by the laws of his
  13010. existence and development, the most dependent upon the society which
  13011. creates him. Who would dare to make a god of the glorious child?
  13012. "It is not strength which makes the man," said a Hercules of the
  13013. market-place to the admiring crowd; "it is character." That man, who
  13014. had only his muscles, held force in contempt. The lesson is a good one,
  13015. proletaires; we should profit by it. It is not talent (which is also a
  13016. force), it is not knowledge, it is not beauty which makes the man. It is
  13017. heart, courage, will, virtue. Now, if we are equal in that which makes
  13018. us men, how can the accidental distribution of secondary faculties
  13019. detract from our manhood?
  13020. Remember that privilege is naturally and inevitably the lot of the weak;
  13021. and do not be misled by the fame which accompanies certain talents
  13022. whose greatest merit consists in their rarity, and a long and toilsome
  13023. apprenticeship. It is easier for M. Lamennais to recite a philippic, or
  13024. sing a humanitarian ode after the Platonic fashion, than to discover a
  13025. single useful truth; it is easier for an economist to apply the laws of
  13026. production and distribution than to write ten lines in the style of M.
  13027. Lamennais; it is easier for both to speak than to act. You, then, who
  13028. put your hands to the work, who alone truly create, why do you wish me
  13029. to admit your inferiority? But, what am I saying?
  13030. Yes, you are inferior, for you lack virtue and will! Ready for labor and
  13031. for battle, you have, when liberty and equality are in question, neither
  13032. courage nor character!
  13033. In the preface to his pamphlet on "Le Pays et le Gouvernement," as well
  13034. as in his defence before the jury, M. Lamennais frankly declared
  13035. himself an advocate of property. Out of regard for the author and his
  13036. misfortune, I shall abstain from characterizing this declaration, and
  13037. from examining these two sorrowful performances. M. Lamennais seems to
  13038. be only the tool of a quasi-radical party, which flatters him in order
  13039. to use him, without respect for a glorious, but hence forth powerless,
  13040. old age. What means this profession of faith? From the first number of
  13041. "L'Avenir" to "L'Esquisse d'une Philosophie," M. Lamennais always
  13042. favors equality, association, and even a sort of vague and indefinite
  13043. communism. M. Lamennais, in recognizing the right of property, gives the
  13044. lie to his past career, and renounces his most generous tendencies. Can
  13045. it, then, be true that in this man, who has been too roughly treated,
  13046. but who is also too easily flattered, strength of talent has already
  13047. outlived strength of will?
  13048. It is said that M. Lamennais has rejected the offers of several of his
  13049. friends to try to procure for him a commutation of his sentence. M.
  13050. Lamennais prefers to serve out his time. May not this affectation of a
  13051. false stoicism come from the same source as his recognition of the right
  13052. of property? The Huron, when taken prisoner, hurls insults and threats
  13053. at his conqueror,--that is the heroism of the savage; the martyr
  13054. prays for his executioners, and is willing to receive from them his
  13055. life,--that is the heroism of the Christian. Why has the apostle of love
  13056. become an apostle of anger and revenge? Has, then, the translator of
  13057. "L'Imitation" forgotten that he who offends charity cannot honor virtue?
  13058. Galileo, retracting on his knees before the tribunal of the inquisition
  13059. his heresy in regard to the movement of the earth, and recovering at
  13060. that price his liberty, seems to me a hundred times grander than
  13061. M. Lamennais. What! if we suffer for truth and justice, must we, in
  13062. retaliation, thrust our persecutors outside the pale of human society;
  13063. and, when sentenced to an unjust punishment, must we decline exemption
  13064. if it is offered to us, because it pleases a few base satellites to call
  13065. it a pardon? Such is not the wisdom of Christianity. But I forgot that
  13066. in the presence of M. Lamennais this name is no longer pronounced. May
  13067. the prophet of "L'Avenir" be soon restored to liberty and his friends;
  13068. but, above all, may he henceforth derive his inspiration only from his
  13069. genius and his heart!
  13070. O proletaires, proletaires! how long are you to be victimized by this
  13071. spirit of revenge and implacable hatred which your false friends kindle,
  13072. and which, perhaps, has done more harm to the development of reformatory
  13073. ideas than the corruption, ignorance, and malice of the government?
  13074. Believe me, at the present time everybody is to blame. In fact, in
  13075. intention, or in example, all are found wanting; and you have no right
  13076. to accuse any one. The king himself (God forgive me! I do not like to
  13077. justify a king),--the king himself is, like his predecessors, only the
  13078. personification of an idea, and an idea, proletaires, which possesses
  13079. you yet. His greatest wrong consists in wishing for its complete
  13080. realization, while you wish it realized only partially,--consequently,
  13081. in being logical in his government; while you, in your complaints, are
  13082. not at all so. You clamor for a second regicide. He that is without sin
  13083. among you,--let him cast at the prince of property the first stone!
  13084. How successful you would have been if, in order to influence men,
  13085. you had appealed to the self-love of men,--if, in order to alter
  13086. the constitution and the law, you had placed yourselves within the
  13087. constitution and the law! Fifty thousand laws, they say, make up our
  13088. political and civil codes. Of these fifty thousand laws, twenty-five
  13089. thousand are for you, twenty-five thousand against you. Is it not clear
  13090. that your duty is to oppose the former to the latter, and thus, by the
  13091. argument of contradiction, drive privilege into its last ditch? This
  13092. method of action is henceforth the only useful one, being the only moral
  13093. and rational one.
  13094. For my part, if I had the ear of this nation, to which I am attached by
  13095. birth and predilection, with no intention of playing the leading part
  13096. in the future republic, I would instruct the laboring masses to
  13097. conquer property through institutions and judicial pleadings; to seek
  13098. auxiliaries and accomplices in the highest ranks of society, and to ruin
  13099. all privileged classes by taking advantage of their common desire for
  13100. power and popularity.
  13101. The petition for the electoral reform has already received two hundred
  13102. thousand signatures, and the illustrious Arago threatens us with a
  13103. million. Surely, that will be well done; but from this million of
  13104. citizens, who are as willing to vote for an emperor as for equality,
  13105. could we not select ten thousand signatures--I mean bona fide
  13106. signatures--whose authors can read, write, cipher, and even think
  13107. a little, and whom we could invite, after due perusal and verbal
  13108. explanation, to sign such a petition as the following:--
  13109. "TO HIS EXCELLENCY THE MINISTER OF THE INTERIOR:--
  13110. "MONSIEUR LE MINISTRE,--On the day when a royal ordinance, decreeing
  13111. the establishment of model national workshops, shall appear in the
  13112. 'Moniteur,' the undersigned, to the number of TEN THOUSAND, will repair
  13113. to the Palace of the Tuileries, and there, with all the power of their
  13114. lungs, will shout, 'Long live Louis Philippe!'
  13115. "On the day when the 'Moniteur' shall inform the public that this
  13116. petition is refused, the undersigned, to the number of TEN THOUSAND,
  13117. will say secretly in their hearts, 'Down with Louis Philippe!'"
  13118. If I am not mistaken, such a petition would have some effect. [75] The
  13119. pleasure of a popular ovation would be well worth the sacrifice of a few
  13120. millions. They sow so much to reap unpopularity! Then, if the nation,
  13121. its hopes of 1830 restored, should feel it its duty to keep its
  13122. promise,--and it would keep it, for the word of the nation is, like that
  13123. of God, sacred,--if, I say, the nation, reconciled by this act with
  13124. the public-spirited monarchy, should bear to the foot of the throne its
  13125. cheers and its vows, and should at that solemn moment choose me to speak
  13126. in its name, the following would be the substance of my speech:--
  13127. "SIRE,--This is what the nation wishes to say to your Majesty:--
  13128. "O King! you see what it costs to gain the applause of the citizens.
  13129. Would you like us henceforth to take for our motto: 'Let us help the
  13130. King, the King will help us'? Do you wish the people to cry: 'THE KING
  13131. AND THE FRENCH NATION'? Then abandon these grasping bankers, these
  13132. quarrelsome lawyers, these miserable bourgeois, these infamous writers,
  13133. these dishonored men. All these, Sire, hate you, and continue to support
  13134. you only because they fear us. Finish the work of our kings; wipe out
  13135. aristocracy and privilege; consult with these faithful proletaires, with
  13136. the nation, which alone can honor a sovereign and sincerely shout, 'Long
  13137. live the king!'"
  13138. The rest of what I have to say, sir, is for you alone; others would
  13139. not understand me. You are, I perceive, a republican as well as an
  13140. economist, and your patriotism revolts at the very idea of addressing
  13141. to the authorities a petition in which the government of Louis Philippe
  13142. should be tacitly recognized. "National workshops! it were well to have
  13143. such institutions established," you think; "but patriotic hearts never
  13144. will accept them from an aristocratic ministry, nor by the courtesy of a
  13145. king." Already, undoubtedly, your old prejudices have returned, and you
  13146. now regard me only as a sophist, as ready to flatter the powers that
  13147. be as to dishonor, by pushing them to an extreme, the principles of
  13148. equality and universal fraternity.
  13149. What shall I say to you?... That I should so lightly compromise the
  13150. future of my theories, either this clever sophistry which is attributed
  13151. to me must be at bottom a very trifling affair, or else my convictions
  13152. must be so firm that they deprive me of free-will.
  13153. But, not to insist further on the necessity of a compromise between the
  13154. executive power and the people, it seems to me, sir, that, in doubting
  13155. my patriotism, you reason very capriciously, and that your judgments
  13156. are exceedingly rash. You, sir, ostensibly defending government and
  13157. property, are allowed to be a republican, reformer, phalansterian, any
  13158. thing you wish; I, on the contrary, demanding distinctly enough a slight
  13159. reform in public economy, am foreordained a conservative, and likewise
  13160. a friend of the dynasty. I cannot explain myself more clearly. So firm
  13161. a believer am I in the philosophy of accomplished facts and the _statu
  13162. quo_ of governmental forms that, instead of destroying that which
  13163. exists and beginning over again the past, I prefer to render every thing
  13164. legitimate by correcting it. It is true that the corrections which I
  13165. propose, though respecting the form, tend to finally change the nature
  13166. of the things corrected. Who denies it? But it is precisely that which
  13167. constitutes my system of _statu quo_. I make no war upon symbols,
  13168. figures, or phantoms. I respect scarecrows, and bow before bugbears. I
  13169. ask, on the one hand, that property be left as it is, but that interest
  13170. on all kinds of capital be gradually lowered and finally abolished; on
  13171. the other hand, that the charter be maintained in its present shape, but
  13172. that method be introduced into administration and politics. That is all.
  13173. Nevertheless, submitting to all that is, though not satisfied with it, I
  13174. endeavor to conform to the established order, and to render unto Caesar
  13175. the things that are Caesar's. Is it thought, for instance, that I love
  13176. property?... Very well; I am myself a proprietor and do homage to the
  13177. right of increase, as is proved by the fact that I have creditors to
  13178. whom I faithfully pay, every year, a large amount of interest. The same
  13179. with politics. Since we are a monarchy, I would cry, "LONG LIVE THE
  13180. KING," rather than suffer death; which does not prevent me, however,
  13181. from demanding that the irremovable, inviolable, and hereditary
  13182. representative of the nation shall act with the proletaires against the
  13183. privileged classes; in a word, that the king shall become the leader of
  13184. the radical party. Thereby we proletaires would gain every thing; and I
  13185. am sure that, at this price, Louis Philippe might secure to his family
  13186. the perpetual presidency of the republic. And this is why I think so.
  13187. If there existed in France but one great functional inequality, the duty
  13188. of the functionary being, from one end of the year to the other, to hold
  13189. full court of savants, artists, soldiers, deputies, inspectors, &c.,
  13190. it is evident that the expenses of the presidency then would be the
  13191. national expenses; and that, through the reversion of the civil list to
  13192. the mass of consumers, the great inequality of which I speak would form
  13193. an exact equation with the whole nation. Of this no economist needs a
  13194. demonstration. Consequently, there would be no more fear of cliques,
  13195. courtiers, and appanages, since no new inequality could be established.
  13196. The king, as king, would have friends (unheard-of thing), but no family.
  13197. His relatives or kinsmen,--_agnats et cognats_,--if they were fools,
  13198. would be nothing to him; and in no case, with the exception of the heir
  13199. apparent, would they have, even in court, more privileges than others.
  13200. No more nepotism, no more favor, no more baseness. No one would go
  13201. to court save when duty required, or when called by an honorable
  13202. distinction; and as all conditions would be equal and all functions
  13203. equally honored, there would be no other emulation than that of merit
  13204. and virtue. I wish the king of the French could say without shame,
  13205. "My brother the gardener, my sister-in-law the milk-maid, my son the
  13206. prince-royal, and my son the blacksmith." His daughter might well be an
  13207. artist. That would be beautiful, sir; that would be royal; no one but a
  13208. buffoon could fail to understand it.
  13209. In this way, I have come to think that the forms of royalty may be
  13210. made to harmonize with the requirements of equality, and have given
  13211. a monarchical form to my republican spirit. I have seen that France
  13212. contains by no means as many democrats as is generally supposed, and
  13213. I have compromised with the monarchy. I do not say, however, that, if
  13214. France wanted a republic, I could not accommodate myself equally well,
  13215. and perhaps better. By nature, I hate all signs of distinction, crosses
  13216. of honor, gold lace, liveries, costumes, honorary titles, &c., and,
  13217. above all, parades. If I had my way, no general should be distinguished
  13218. from a soldier, nor a peer of France from a peasant. Why have I never
  13219. taken part in a review? for I am happy to say, sir, that I am a national
  13220. guard; I have nothing else in the world but that. Because the review is
  13221. always held at a place which I do not like, and because they have fools
  13222. for officers whom I am compelled to obey. You see,--and this is not the
  13223. best of my history,--that, in spite of my conservative opinions, my life
  13224. is a perpetual sacrifice to the republic.
  13225. Nevertheless, I doubt if such simplicity would be agreeable to French
  13226. vanity, to that inordinate love of distinction and flattery which makes
  13227. our nation the most frivolous in the world. M. Lamartine, in his grand
  13228. "Meditation on Bonaparte," calls the French A NATION OF BRUTUSES. We are
  13229. merely a nation of Narcissuses. Previous to '89, we had the aristocracy
  13230. of blood; then every bourgeois looked down upon the commonalty, and
  13231. wished to be a nobleman. Afterwards, distinction was based on wealth,
  13232. and the bourgeoisie jealous of the nobility, and proud of their money,
  13233. used 1830 to promote, not liberty by any means, but the aristocracy
  13234. of wealth. When, through the force of events, and the natural laws of
  13235. society, for the development of which France offers such free play,
  13236. equality shall be established in functions and fortunes, then the beaux
  13237. and the belles, the savants and the artists, will form new classes.
  13238. There is a universal and innate desire in this Gallic country for fame
  13239. and glory. We must have distinctions, be they what they may,--nobility,
  13240. wealth, talent, beauty, or dress. I suspect MM. Arage and Garnier-Pages
  13241. of having aristocratic manners, and I picture to myself our great
  13242. journalists, in their columns so friendly to the people, administering
  13243. rough kicks to the compositors in their printing offices.
  13244. "This man," once said "Le National" in speaking of Carrel, "whom we
  13245. had proclaimed FIRST CONSUL!... Is it not true that the monarchical
  13246. principle still lives in the hearts of our democrats, and that they
  13247. want universal suffrage in order to make themselves kings? Since "Le
  13248. National" prides itself on holding more fixed opinions than "Le Journal
  13249. des Debats," I presume that, Armand Carrel being dead, M. Armand Marrast
  13250. is now first consul, and M. Garnier-Pages second consul. In every thing
  13251. the deputy must give way to the journalist. I do not speak of M.
  13252. Arago, whom I believe to be, in spite of calumny, too learned for the
  13253. consulship. Be it so. Though we have consuls, our position is not much
  13254. altered. I am ready to yield my share of sovereignty to MM. Armand
  13255. Marrast and Garnier-Pages, the appointed consuls, provided they will
  13256. swear on entering upon the duties of their office, to abolish property
  13257. and not be haughty.
  13258. Forever promises! Forever oaths! Why should the people trust in
  13259. tribunes, when kings perjure themselves? Alas! truth and honesty are no
  13260. longer, as in the days of King John, in the mouth of princes. A whole
  13261. senate has been convicted of felony, and, the interest of the governors
  13262. always being, for some mysterious reason, opposed to the interest of the
  13263. governed, parliaments follow each other while the nation dies of hunger.
  13264. No, no! No more protectors, no more emperors, no more consuls. Better
  13265. manage our affairs ourselves than through agents. Better associate our
  13266. industries than beg from monopolies; and, since the republic cannot
  13267. dispense with virtues, we should labor for our reform.
  13268. This, therefore, is my line of conduct. I preach emancipation to the
  13269. proletaires; association to the laborers; equality to the wealthy. I
  13270. push forward the revolution by all means in my power,--the tongue,
  13271. the pen, the press, by action, and example. My life is a continual
  13272. apostleship.
  13273. Yes, I am a reformer; I say it as I think it, in good faith, and that I
  13274. may be no longer reproached for my vanity. I wish to convert the world.
  13275. Very likely this fancy springs from an enthusiastic pride which may have
  13276. turned to delirium; but it will be admitted at least that I have plenty
  13277. of company, and that my madness is not monomania. At the present day,
  13278. everybody wishes to be reckoned among the lunatics of Beranger. To say
  13279. nothing of the Babeufs, the Marats, and the Robespierres, who swarm in
  13280. our streets and workshops, all the great reformers of antiquity live
  13281. again in the most illustrious personages of our time. One is Jesus
  13282. Christ, another Moses, a third Mahomet; this is Orpheus, that Plato,
  13283. or Pythagoras. Gregory VII., himself, has risen from the grave together
  13284. with the evangelists and the apostles; and it may turn out that even I
  13285. am that slave who, having escaped from his master's house, was forthwith
  13286. made a bishop and a reformer by St. Paul. As for the virgins and holy
  13287. women, they are expected daily; at present, we have only Aspasias and
  13288. courtesans.
  13289. Now, as in all diseases, the diagnostic varies according to the
  13290. temperament, so my madness has its peculiar aspects and distinguishing
  13291. characteristic.
  13292. Reformers, as a general thing, are jealous of their role; they suffer no
  13293. rivals, they want no partners; they have disciples, but no co-laborers.
  13294. It is my desire, on the contrary, to communicate my enthusiasm, and to
  13295. make it, as far as I can, epidemic. I wish that all were, like myself,
  13296. reformers, in order that there might be no more sects; and that Christs,
  13297. Anti-Christs, and false Christs might be forced to understand and agree
  13298. with each other.
  13299. Again, every reformer is a magician, or at least desires to become one.
  13300. Thus Moses, Jesus Christ, and the apostles, proved their mission by
  13301. miracles. Mahomet ridiculed miracles after having endeavored to perform
  13302. them. Fourier, more cunning, promises us wonders when the globe shall
  13303. be covered with phalansteries. For myself, I have as great a horror
  13304. of miracles as of authorities, and aim only at logic. That is why I
  13305. continually search after the criterion of certainty. I work for the
  13306. reformation of ideas. Little matters it that they find me dry and
  13307. austere. I mean to conquer by a bold struggle, or die in the attempt;
  13308. and whoever shall come to the defence of property, I swear that I
  13309. will force him to argue like M. Considerant, or philosophize like M.
  13310. Troplong.
  13311. Finally,--and it is here that I differ most from my compeers,--I do not
  13312. believe it necessary, in order to reach equality, to turn every thing
  13313. topsy-turvy. To maintain that nothing but an overturn can lead to reform
  13314. is, in my judgment, to construct a syllogism, and to look for the truth
  13315. in the regions of the unknown. Now, I am for generalization, induction,
  13316. and progress. I regard general disappropriation as impossible: attacked
  13317. from that point, the problem of universal association seems to me
  13318. insolvable. Property is like the dragon which Hercules killed: to
  13319. destroy it, it must be taken, not by the head, but by the tail,--that
  13320. is, by profit and interest.
  13321. I stop. I have said enough to satisfy any one who can read and
  13322. understand. The surest way by which the government can baffle intrigues
  13323. and break up parties is to take possession of science, and point out to
  13324. the nation, at an already appreciable distance, the rising oriflamme of
  13325. equality; to say to those politicians of the tribune and the press, for
  13326. whose fruitless quarrels we pay so dearly, "You are rushing forward,
  13327. blind as you are, to the abolition of property; but the government
  13328. marches with its eyes open. You hasten the future by unprincipled and
  13329. insincere controversy; but the government, which knows this future,
  13330. leads you thither by a happy and peaceful transition. The present
  13331. generation will not pass away before France, the guide and model of
  13332. civilized nations, has regained her rank and legitimate influence."
  13333. But, alas! the government itself,--who shall enlighten it? Who can
  13334. induce it to accept this doctrine of equality, whose terrible but
  13335. decisive formula the most generous minds hardly dare to acknowledge?...
  13336. I feel my whole being tremble when I think that the testimony of
  13337. three men--yes, of three men who make it their business to teach and
  13338. define--would suffice to give full play to public opinion, to change
  13339. beliefs, and to fix destinies. Will not the three men be found?...
  13340. May we hope, or not? What must we think of those who govern us? In the
  13341. world of sorrow in which the proletaire moves, and where nothing is
  13342. known of the intentions of power, it must be said that despair prevails.
  13343. But you, sir,--you, who by function belong to the official world; you,
  13344. in whom the people recognize one of their noblest friends, and
  13345. property its most prudent adversary,--what say you of our deputies, our
  13346. ministers, our king? Do you believe that the authorities are friendly
  13347. to us? Then let the government declare its position; let it print its
  13348. profession of faith in equality, and I am dumb. Otherwise, I shall
  13349. continue the war; and the more obstinacy and malice is shown, the
  13350. oftener will I redouble my energy and audacity. I have said before, and
  13351. I repeat it,--I have sworn, not on the dagger and the death's-head, amid
  13352. the horrors of a catacomb, and in the presence of men besmeared with
  13353. blood; but I have sworn on my conscience to pursue property, to grant it
  13354. neither peace nor truce, until I see it everywhere execrated. I have not
  13355. yet published half the things that I have to say concerning the right of
  13356. domain, nor the best things. Let the knights of property, if there are
  13357. any who fight otherwise than by retreating, be prepared every day for
  13358. a new demonstration and accusation; let them enter the arena armed with
  13359. reason and knowledge, not wrapped up in sophisms, for justice will be
  13360. done.
  13361. "To become enlightened, we must have liberty. That alone suffices;
  13362. but it must be the liberty to use the reason in regard to all public
  13363. matters.
  13364. "And yet we hear on every hand authorities of all kinds and degrees
  13365. crying: 'Do not reason!'
  13366. "If a distinction is wanted, here is one:--
  13367. "The PUBLIC use of the reason always should be free, but the PRIVATE
  13368. use ought always to be rigidly restricted. By public use, I mean the
  13369. scientific, literary use; by private, that which may be taken advantage
  13370. of by civil officials and public functionaries. Since the governmental
  13371. machinery must be kept in motion, in order to preserve unity and attain
  13372. our object, we must not reason; we must obey. But the same individual
  13373. who is bound, from this point of view, to passive obedience, has the
  13374. right to speak in his capacity of citizen and scholar. He can make an
  13375. appeal to the public, submit to it his observations on events which
  13376. occur around him and in the ranks above him, taking care, however, to
  13377. avoid offences which are punishable.
  13378. "Reason, then, as much as you like; only, obey."--Kant: Fragment on the
  13379. Liberty of Thought and of the Press. Tissot's Translation.
  13380. These words of the great philosopher outline for me my duty. I have
  13381. delayed the reprint of the work entitled "What is Property?" in order
  13382. that I might lift the discussion to the philosophical height from which
  13383. ridiculous clamor has dragged it down; and that, by a new presentation
  13384. of the question, I might dissipate the fears of good citizens. I now
  13385. reenter upon the public use of my reason, and give truth full swing. The
  13386. second edition of the First Memoir on Property will immediately follow
  13387. the publication of this letter. Before issuing any thing further, I
  13388. shall await the observations of my critics, and the co-operation of the
  13389. friends of the people and of equality.
  13390. Hitherto, I have spoken in my own name, and on my own personal
  13391. responsibility. It was my duty. I was endeavoring to call attention to
  13392. principles which antiquity could not discover, because it knew nothing
  13393. of the science which reveals them,--political economy. I have, then,
  13394. testified as to FACTS; in short, I have been a WITNESS. Now my role
  13395. changes. It remains for me to deduce the practical consequences of the
  13396. facts proclaimed. The position of PUBLIC PROSECUTOR is the only one
  13397. which I am henceforth fitted to fill, and I shall sum up the case in the
  13398. name of the PEOPLE.
  13399. I am, sir, with all the consideration that I owe to your talent and your
  13400. character,
  13401. Your very humble and most obedient servant,
  13402. P. J. PROUDHON,
  13403. Pensioner of the Academy of Besancon.
  13404. P.S. During the session of April 2, the Chamber of Deputies rejected,
  13405. by a very large majority, the literary-property bill, BECAUSE IT DID NOT
  13406. UNDERSTAND IT. Nevertheless, literary property is only a special form of
  13407. the right of property, which everybody claims to understand. Let us hope
  13408. that this legislative precedent will not be fruitless for the cause of
  13409. equality. The consequence of the vote of the Chamber is the abolition
  13410. of capitalistic property,--property incomprehensible, contradictory,
  13411. impossible, and absurd.
  13412. FOOTNOTES:
  13413. [Footnote 1: In the French edition of Proudhon's works, the above sketch
  13414. of his life is prefixed to the first volume of his correspondence, but
  13415. the translator prefers to insert it here as the best method of
  13416. introducing the author to the American public.]
  13417. [Footnote 2: "An Inquiry into Grammatical Classifications." By P. J.
  13418. Proudhon. A treatise which received honorable mention from the Academy
  13419. of Inscriptions, May 4, 1839. Out of print.]
  13420. [Footnote 3: "The Utility of the Celebration of Sunday," &c. By P. J.
  13421. Proudhon. Besancon, 1839, 12mo; 2d edition, Paris, 1841, 18mo.]
  13422. [Footnote 4: Charron, on "Wisdom," Chapter xviii.]
  13423. [Footnote 5: M. Vivien, Minister of Justice, before commencing
  13424. proceedings against the "Memoir upon Property," asked the opinion of M.
  13425. Blanqui; and it was on the strength of the observations of this
  13426. honorable academician that he spared a book which had already excited
  13427. the indignation of the magistrates. M. Vivien is not the only official
  13428. to whom I have been indebted, since my first publication, for assistance
  13429. and protection; but such generosity in the political arena is so rare
  13430. that one may acknowledge it graciously and freely. I have always
  13431. thought, for my part, that bad institutions made bad magistrates; just
  13432. as the cowardice and hypocrisy of certain bodies results solely from the
  13433. spirit which governs them. Why, for instance, in spite of the virtues
  13434. and talents for which they are so noted, are the academies generally
  13435. centres of intellectual repression, stupidity, and base intrigue? That
  13436. question ought to be proposed by an academy: there would be no lack of
  13437. competitors.]
  13438. [Footnote 6: In Greek, {GREEK e ncg } examiner; a philosopher whose
  13439. business is to seek the truth.]
  13440. [Footnote 7: Religion, laws, marriage, were the privileges of freemen,
  13441. and, in the beginning, of nobles only. Dii majorum gentium--gods of the
  13442. patrician families; jus gentium--right of nations; that is, of families
  13443. or nobles. The slave and the plebeian had no families; their children
  13444. were treated as the offspring of animals. BEASTS they were born, BEASTS
  13445. they must live.]
  13446. [Footnote 8: If the chief of the executive power is responsible, so must
  13447. the deputies be also. It is astonishing that this idea has never
  13448. occurred to any one; it might be made the subject of an interesting
  13449. essay. But I declare that I would not, for all the world, maintain it;
  13450. the people are yet much too logical for me to furnish them with
  13451. arguments.]
  13452. [Footnote 9: See De Tocqueville, "Democracy in the United States;" and
  13453. Michel Chevalier, "Letters on North America." Plutarch tells us, "Life
  13454. of Pericles," that in Athens honest people were obliged to conceal
  13455. themselves while studying, fearing they would be regarded as aspirants
  13456. for office.]
  13457. [Footnote 10: "Sovereignty," according to Toullier, "is human
  13458. omnipotence." A materialistic definition: if sovereignty is any thing,
  13459. it is a RIGHT not a FORCE or a faculty. And what is human omnipotence?]
  13460. [Footnote 11: The Proudhon here referred to is J. B. V. Proudhon; a
  13461. distinguished French jurist, and distant relative of the Translator.]
  13462. [Footnote 12: Here, especially, the simplicity of our ancestors appears
  13463. in all its rudeness. After having made first cousins heirs, where there
  13464. were no legitimate children, they could not so divide the property
  13465. between two different branches as to prevent the simultaneous existence
  13466. of extreme wealth and extreme poverty in the same family. For example:--
  13467. James, dying, leaves two sons, Peter and John, heirs of his fortune:
  13468. James's property is divided equally between them. But Peter has only one
  13469. daughter, while John, his brother, leaves six sons. It is clear that, to
  13470. be true to the principle of equality, and at the same time to that of
  13471. heredity, the two estates must be divided in seven equal portions among
  13472. the children of Peter and John; for otherwise a stranger might marry
  13473. Peter's daughter, and by this alliance half of the property of James,
  13474. the grandfather, would be transferred to another family, which is
  13475. contrary to the principle of heredity. Furthermore, John's children
  13476. would be poor on account of their number, while their cousin, being an
  13477. only child, would be rich, which is contrary to the principle of
  13478. equality. If we extend this combined application of two principles
  13479. apparently opposed to each other, we shall become convinced that the
  13480. right of succession, which is assailed with so little wisdom in our day,
  13481. is no obstacle to the maintenance of equality.]
  13482. [Footnote 13: _Zeus klesios_.]
  13483. [Footnote 14: Giraud, "Investigations into the Right of Property among
  13484. the Romans."]
  13485. [Footnote 15: Precarious, from precor, "I pray;" because the act of
  13486. concession expressly signified that the lord, in answer to the prayers
  13487. of his men or slaves, had granted them permission to labor.]
  13488. [Footnote 16: I cannot conceive how any one dares to justify the
  13489. inequality of conditions, by pointing to the base inclinations and
  13490. propensities of certain men. Whence comes this shameful degradation of
  13491. heart and mind to which so many fall victims, if not from the misery and
  13492. abjection into which property plunges them?]
  13493. [Footnote 17: How many citizens are needed to support a professor of
  13494. philosophy?--Thirty-five millions. How many for an economist?--Two
  13495. billions. And for a literary man, who is neither a savant, nor an
  13496. artist, nor a philosopher, nor an economist, and who writes newspaper
  13497. novels?--None.]
  13498. [Footnote 18: There is an error in the author's calculation here; but
  13499. the translator, feeling sure that the reader will understand Proudhon's
  13500. meaning, prefers not to alter his figures.--Translator.]
  13501. [Footnote 19: _Hoc inter se differunt onanismus et manuspratio, nempe
  13502. quod haec a solitario exercetur, ille autem a duobus reciprocatur,
  13503. masculo scilicet et faemina. Porro foedam hanc onanismi venerem ludentes
  13504. uxoria mariti habent nunc omnigm suavissimam_]
  13505. [Footnote 20: Polyandry,--plurality of husbands.]
  13506. [Footnote 21: Infanticide has just been publicly advocated in England,
  13507. in a pamphlet written by a disciple of Malthus. He proposes an ANNUAL
  13508. MASSACRE OF THE INNOCENTS in all families containing more children than
  13509. the law allows; and he asks that a magnificent cemetery, adorned with
  13510. statues, groves, fountains, and flowers, be set apart as a special
  13511. burying-place for the superfluous children. Mothers would resort to this
  13512. delightful spot to dream of the happiness of these little angels, and
  13513. would return, quite comforted, to give birth to others, to be buried in
  13514. their turn.]
  13515. [Footnote 22: To perform an act of benevolence towards one's neighbor is
  13516. called, in Hebrew, to do justice; in Greek, to take compassion or pity
  13517. ({GREEK n n f e },from which is derived the French _aumone_); in Latin,
  13518. to perform an act of love or charity; in French, give alms. We can trace
  13519. the degradation of this principle through these various expressions: the
  13520. first signifies duty; the second only sympathy; the third, affection, a
  13521. matter of choice, not an obligation; the fourth, caprice.]
  13522. [Footnote 23: I mean here by equite what the Latins called humanitas,--
  13523. that is, the kind of sociability which is peculiar to man. Humanity,
  13524. gentle and courteous to all, knows how to distinguish ranks, virtues,
  13525. and capacities without injury to any.]
  13526. [Footnote 24: Justice and equite never have been understood.]
  13527. [Footnote 25: Between woman and man there may exist love, passion, ties
  13528. of custom, and the like; but there is no real society. Man and woman are
  13529. not companions. The difference of the sexes places a barrier between
  13530. them, like that placed between animals by a difference of race.
  13531. Consequently, far from advocating what is now called the emancipation of
  13532. woman, I should incline, rather, if there were no other alternative, to
  13533. exclude her from society.]
  13534. [Footnote 26: "The strong-box of Cosmo de Medici was the grave of
  13535. Florentine liberty," said M. Michelet to the College of France.]
  13536. [Footnote 27: "My right is my lance and my buckler." General de Brossard
  13537. said, like Achilles: "I get wine, gold, and women with my lance and my
  13538. buckler."]
  13539. [Footnote 28: It would be interesting and profitable to review the
  13540. authors who have written on usury, or, to use the gentler expression
  13541. which some prefer, lendingat interest. The theologians always have
  13542. opposed usury; but, since they have admitted always the legitimacy of
  13543. rent, and since rent is evidently identical with interest, they have
  13544. lost themselves in a labyrinth of subtle distinctions, and have finally
  13545. reached a pass where they do not know what to think of usury. The
  13546. Church--the teacher of morality, so jealous and so proud of the purity
  13547. of her doctrine--has always been ignorant of the real nature of property
  13548. and usury. She even has proclaimed through her pontiffs the most
  13549. deplorable errors. _Non potest mutuum_, said Benedict XIV., _locationi
  13550. ullo pacto comparari_. "Rent," says Bossuet, "is as far from usury as
  13551. heaven is from the earth." How, on{sic} such a doctrine, condemn lending
  13552. at interest? how justify the Gospel, which expressly forbids usury? The
  13553. difficulty of theologians is a very serious one. Unable to refute the
  13554. economical demonstrations, which rightly assimilate interest to rent,
  13555. they no longer dare to condemn interest, and they can say only that
  13556. there must be such a thing as usury, since the Gospel forbids it.]
  13557. [Footnote 29: "I preach the Gospel, I live by the Gospel," said the
  13558. Apostle; meaning thereby that he lived by his labor. The Catholic clergy
  13559. prefer to live by property. The struggles in the communes of the middle
  13560. ages between the priests and bishops and the large proprietors and
  13561. seigneurs are famous. The papal excommunications fulminated in defence
  13562. of ecclesiastical revenues are no less so. Even to-day, the official
  13563. organs of the Gallican clergy still maintain that the pay received by
  13564. the clergy is not a salary, but an indemnity for goods of which they
  13565. were once proprietors, and which were taken from them in '89 by the
  13566. Third Estate. The clergy prefer to live by the right of increase rather
  13567. than by labor.]
  13568. [Footnote 30: The meaning ordinarily attached to the word "anarchy" is
  13569. absence of principle, absence of rule; consequently, it has been
  13570. regarded as synonymous with "disorder."]
  13571. [Footnote 31: If such ideas are ever forced into the minds of the
  13572. people, it will be by representative government and the tyranny of
  13573. talkers. Once science, thought, and speech were characterized by the
  13574. same expression. To designate a thoughtful and a learned man, they said,
  13575. "a man quick to speak and powerful in discourse." For a long time,
  13576. speech has been abstractly distinguished from science and reason.
  13577. Gradually, this abstraction is becoming realized, as the logicians say,
  13578. in society; so that we have to-day savants of many kinds who talk but
  13579. little, and TALKERS who are not even savants in the science of speech.
  13580. Thus a philosopher is no longer a savant: he is a talker. Legislators
  13581. and poets were once profound and sublime characters: now they are
  13582. talkers. A talker is a sonorous bell, whom the least shock suffices to
  13583. set in perpetual motion. With the talker, the flow of speech is always
  13584. directly proportional to the poverty of thought. Talkers govern the
  13585. world; they stun us, they bore us, they worry us, they suck our blood,
  13586. and laugh at us. As for the savants, they keep silence: if they wish to
  13587. say a word, they are cut short. Let them write.]
  13588. [Footnote 32: _libertas, librare, libratio, libra_,--liberty, to
  13589. liberate, libration, balance (pound),--words which have a common
  13590. derivation. Liberty is the balance of rights and duties. To make a man
  13591. free is to balance him with others,--that is, to put him or their
  13592. level.]
  13593. [Footnote 33: In a monthly publication, the first number of which has
  13594. just appeared under the name of "L'Egalitaire," self-sacrifice is laid
  13595. down as a principle of equality. This is a confusion of ideas. Self-
  13596. sacrifice, taken alone, is the last degree of inequality. To seek
  13597. equality in self-sacrifice is to confess that equality is against
  13598. nature. Equality must be based upon justice, upon strict right, upon the
  13599. principles invoked by the proprietor himself; otherwise it will never
  13600. exist. Self-sacrifice is superior to justice; but it cannot be imposed
  13601. as law, because it is of such a nature as to admit of no reward. It is,
  13602. indeed, desirable that everybody shall recognize the necessity of self-
  13603. sacrifice, and the idea of "L'Egalitaire" is an excellent example.
  13604. Unfortunately, it can have no effect. What would you reply, indeed, to a
  13605. man who should say to you, "I do not want to sacrifice myself"? Is he to
  13606. be compelled to do so? When self-sacrifice is forced, it becomes
  13607. oppression, slavery, the exploitation of man by man. Thus have the
  13608. proletaires sacrificed themselves to property.]
  13609. [Footnote 34: The disciples of Fourier have long seemed to me the most
  13610. advanced of all modern socialists, and almost the only ones worthy of
  13611. the name. If they had understood the nature of their task, spoken to the
  13612. people, awakened their sympathies, and kept silence when they did not
  13613. understand; if they had made less extravagant pretensions, and had shown
  13614. more respect for public intelligence,--perhaps the reform would now,
  13615. thanks to them, be in progress. But why are these earnest reformers
  13616. continually bowing to power and wealth,--that is, to all that is anti-
  13617. reformatory? How, in a thinking age, can they fail to see that the world
  13618. must be converted by DEMONSTRATION, not by myths and allegories? Why do
  13619. they, the deadly enemies of civilization, borrow from it, nevertheless,
  13620. its most pernicious fruits,--property, inequality of fortune and rank,
  13621. gluttony, concubinage, prostitution, what do I know? theurgy, magic, and
  13622. sorcery? Why these endless denunciations of morality, metaphysics, and
  13623. psychology, when the abuse of these sciences, which they do not
  13624. understand, constitutes their whole system? Why this mania for deifying
  13625. a man whose principal merit consisted in talking nonsense about things
  13626. whose names, even, he did not know, in the strongest language ever put
  13627. upon paper? Whoever admits the infallibility of a man becomes thereby
  13628. incapable of instructing others. Whoever denies his own reason will soon
  13629. proscribe free thought. The phalansterians would not fail to do it if
  13630. they had the power. Let them condescend to reason, let them proceed
  13631. systematically, let them give us demonstrations instead of revelations,
  13632. and we will listen willingly. Then let them organize manufactures,
  13633. agriculture, and commerce; let them make labor attractive, and the most
  13634. humble functions honorable, and our praise shall be theirs. Above all,
  13635. let them throw off that Illuminism which gives them the appearance of
  13636. impostors or dupes, rather than believers and apostles.]
  13637. [Footnote 35: Individual possession is no obstacle to extensive
  13638. cultivation and unity of exploitation. If I have not spoken of the
  13639. drawbacks arising from small estates, it is because I thought it useless
  13640. to repeat what so many others have said, and what by this time all the
  13641. world must know. But I am surprised that the economists, who have so
  13642. clearly shown the disadvantages of spade-husbandry, have failed to see
  13643. that it is caused entirely by property; above all, that they have not
  13644. perceived that their plan for mobilizing the soil is a first step
  13645. towards the abolition of property.]
  13646. [Footnote 36: In the Chamber of Deputies, during the session of the
  13647. fifth of January, 1841, M. Dufaure moved to renew the expropriation
  13648. bill, on the ground of public utility.]
  13649. [Footnote 37: "What is Property?" Chap. IV., Ninth Proposition.]
  13650. [Footnote 38: _Tu cognovisti sessionem meam et resurrectionem meam_.
  13651. Psalm 139.]
  13652. [Footnote 39: The emperor Nicholas has just compelled all the
  13653. manufacturers in his empire to maintain, at their own expense, within
  13654. their establishments, small hospitals for the reception of sick
  13655. workmen,--the number of beds in each being proportional to the number of
  13656. laborers in the factory. "You profit by man's labor," the Czar could
  13657. have said to his proprietors; "you shall be responsible for man's life."
  13658. M. Blanqui has said that such a measure could not succeed in France. It
  13659. would be an attack upon property,--a thing hardly conceivable even in
  13660. Russia, Scythia, or among the Cossacks; but among us, the oldest sons of
  13661. civilization!... I fear very much that this quality of age may prove in
  13662. the end a mark of decrepitude.]
  13663. [Footnote 40: Course of M. Blanqui. Lecture of Nov. 27,1840.]
  13664. [Footnote 41: In "Mazaniello," the Neapolitan fisherman demands, amid
  13665. the applause of the galleries, that a tax be levied upon luxuries.]
  13666. [Footnote 42: _Seme le champ, proletaire; C'est l l'oisif
  13667. qui recoltera_.]
  13668. [Footnote 43: "In some countries, the enjoyment of certain political
  13669. rights depends upon the amount of property. But, in these same
  13670. countries, property is expressive, rather than attributive, of the
  13671. qualifications necessary to the exercise of these rights. It is rather a
  13672. conjectural proof than the cause of these qualifications."--Rossi:
  13673. Treatise on Penal Law.]
  13674. [Footnote 44: Lecture of December 22.]
  13675. [Footnote 45: Lecture of Jan. 15, 1841.]
  13676. [Footnote 46: Lecture of Jan. 15, 1841.]
  13677. [Footnote 47: MM. Blanqui and Wolowski.]
  13678. [Footnote 48: Subject proposed by the Fourth Class of the Institute, the
  13679. Academy of Moral and Political Sciences: "What would be the effect upon
  13680. the working-class of the organization of labor, according to the modern
  13681. ideas of association?"]
  13682. [Footnote 49: Subject proposed by the Academy of Besancon: "The
  13683. economical and moral consequences in France, up to the present time, and
  13684. those which seem likely to appear in future, of the law concerning the
  13685. equal division of hereditary property between the children."]
  13686. [Footnote 50: {GREEK, ?n n '},--greater property. The Vulgate translates
  13687. it avaritia.]
  13688. [Footnote 51: Similar or analogous customs have existed among all
  13689. nations. Consult, among other works, "Origin of French Law," by M.
  13690. Michelet; and "Antiquities of German Law," by Grimm.]
  13691. [Footnote 52: _Dees hominesque testamur, nos arma neque contra patriam
  13692. cepisse neque quo periculum aliis faceremus, sed uti corpora nostra ab
  13693. injuria tuta forent, qui miseri, egentes, violentia atque crudelitate
  13694. foeneraterum, plerique patriae, sed omncsfarna atque fortunis expertes
  13695. sumus; neque cuiquam nostrum licuit, more majorum, lege uti, neque,
  13696. amisso patrimonio, libferum corpus habere._--Sallus: Bellum
  13697. Catilinarium.]
  13698. [Footnote 53: Fifty, sixty, and eighty per cent.--Course of M. Blanqui.]
  13699. [Footnote 54: _Episcopi plurimi, quos et hortamento esse oportet
  13700. caeteris et exemplo, divina prouratione contempta, procuratores rerum
  13701. saeularium fieri, derelicta cathedra, plebe leserta, per alienas
  13702. provincias oberrantes, negotiationis quaestuosae nundinas au uucu-,
  13703. pari, esurientibus in ecclesia fratribus habere argentum largitur velle,
  13704. fundos insidi.sis fraudibus rapere, usuris multiplicantibus faenus
  13705. augere._--Cyprian: De Lapsis. {--NOTE: what does this refer to? This is
  13706. at bottom of pg 341 in MS} In this passage, St. Cyprian alludes to
  13707. lending on mortgages and to compound interest.]
  13708. [Footnote 55: "Inquiries concerning Property among the Romans."]
  13709. [Footnote 56: "Its acquisitive nature works rapidly in the sleep of the
  13710. law. It is ready, at the word, to absorb every thing. Witness the famous
  13711. equivocation about the ox-hide which, when cut up into thongs, was large
  13712. enough to enclose the site of Carthage.... The legend has reappeared
  13713. several times since Dido.... Such is the love of man for the land.
  13714. Limited by tombs, measured by the members of the human body, by the
  13715. thumb, the foot, and the arm, it harmonizes, as far as possible, with
  13716. the very proportions of man. Nor is he satisfied yet: he calls Heaven to
  13717. witness that it is his; he tries to or his land, to give it the form of
  13718. heaven.... In his titanic intoxication, he describes property in the
  13719. very terms which he employs in describing the Almighty--_fundus_
  13720. _optimus maximus_.... He shall make it his couch, and they shall be
  13721. separated no more,--{GREEK, ' nf g h g g."}--Michelet:Origin of French
  13722. Law.]
  13723. [Footnote 57: M. Guizot denies that Christianity alone is entitled to
  13724. the glory of the abolition of slavery. "To this end," he says, "many
  13725. causes were necessary,--the evolution of other ideas and other
  13726. principles of civilization." So general an assertion cannot be refuted.
  13727. Some of these ideas and causes should have been pointed out, that we
  13728. might judge whether their source was not wholly Christian, or whether at
  13729. least the Christian spirit had not penetrated and thus fructified them.
  13730. Most of the emancipation charters begin with these words: "For the love
  13731. of God and the salvation of my soul."]
  13732. [Footnote 58: _Weregild_,--the fine paid for the murder of a man. So
  13733. much for a count, so much for a baron, so much for a freeman, so much
  13734. for a priest; for a slave, nothing. His value was restored to the
  13735. proprietor.]
  13736. [Footnote 59: The spirit of despotism and monopoly which animated the
  13737. communes has not escaped the attention of historians. "The formation of
  13738. the commoners' associations," says Meyer, "did not spring from the true
  13739. spirit of liberty, but from the desire for exemption from the charges of
  13740. the seigniors, from individual interests, and jealousy of the welfare of
  13741. others.... Each commune or corporation opposed the creation of every
  13742. other; and this spirit increased to such an extent that the King of
  13743. England, Henry V., having established a university at Caen, in 1432, the
  13744. city and university of Paris opposed the registration of the edict."]
  13745. [Footnote 60: Feudalism was, in spirit and in its providential destiny,
  13746. a long protest of the human personality against the monkish communism
  13747. with which Europe, in the middle ages, was overrun. After the orgies of
  13748. Pagan selfishness, society--carried to the opposite extreme by the
  13749. Christian religion--risked its life by unlimited self-denial and
  13750. absolute indifference to the pleasures of the world. Feudalism was the
  13751. balance-weight which saved Europe from the combined influence of the
  13752. religious communities and the Manlchean sects which had sprung up since
  13753. the fourth century under different names and in different countries.
  13754. Modern civilization is indebted to feudalism for the definitive
  13755. establishment of the person, of marriage, of the family, and of country.
  13756. (See, on this subject, Guizot, "History of Civilization in Europe.")]
  13757. [Footnote 61: This was made evident in July, 1830, and the years which
  13758. followed it, when the electoral bourgeoisie effected a revolution in
  13759. order to get control over the king, and suppressed the emeutes in order
  13760. to restrain the people. The bourgeoisie, through the jury, the
  13761. magistracy, its position in the army, and its municipal despotism,
  13762. governs both royalty and the people. It is the bourgeoisie which, more
  13763. than any other class, is conservative and retrogressive. It is the
  13764. bourgeoisie which makes and unmakes ministries. It is the bourgeoisie
  13765. which has destroyed the influence of the Upper Chamber, and which will
  13766. dethrone the King whenever he shall become unsatisfactory to it. It is
  13767. to please the bourgeoisie that royalty makes itself unpopular. It is the
  13768. bourgeoisie which is troubled at the hopes of the people, and which
  13769. hinders reform. The journals of the bourgeoisie are the ones which
  13770. preach morality and religion to us, while reserving scepticism and
  13771. indifference for themselves; which attack personal government, and favor
  13772. the denial of the electoral privilege to those who have no property. The
  13773. bourgeoisie will accept any thing rather than the emancipation of the
  13774. proletariat. As soon as it thinks its privileges threatened, it will
  13775. unite with royalty; and who does not know that at this very moment these
  13776. two antagonists have suspended their quarrels?... It has been a question
  13777. of property.]
  13778. [Footnote 62: The same opinion was recently expressed from the tribune
  13779. by one of our most honorable Deputies, M. Gauguier. "Nature," said he,
  13780. "has not endowed man with landed property." Changing the adjective
  13781. LANDED, which designates only a species into CAPITALISTIC, which denotes
  13782. the genus,--M. Gauguier made an egalitaire profession of faith.]
  13783. [Footnote 63: A professor of comparative legislation, M. Lerminier, has
  13784. gone still farther. He has dared to say that the nation took from the
  13785. clergy all their possessions, not because of IDLENESS, but because of
  13786. UNWORTHINESS. "You have civilized the world," cries this apostle of
  13787. equality, speaking to the priests; "and for that reason your possessions
  13788. were given you. In your hands they were at once an instrument and a
  13789. reward. But you do not now deserve them, for you long since ceased to
  13790. civilize any thing whatever...."]
  13791. [Footnote 64: "Treatise on Prescription."]
  13792. [Footnote 65: "Origin of French Law."]
  13793. [Footnote 66: To honor one's parents, to be grateful to one's
  13794. benefactors, to neither kill nor steal,--truths of inward sensation. To
  13795. obey God rather than men, to render to each that which is his; the whole
  13796. is greater than a part, a straight line is the shortest road from one
  13797. point to another,--truths of intuition. All are a priori but the first
  13798. are felt by the conscience, and imply only a simple act of the soul; the
  13799. second are perceived by the reason, and imply comparison and relation.
  13800. In short, the former are sentiments, the latter are ideas.]
  13801. [Footnote 67: Armand Carrel would have favored the fortification of the
  13802. capital. "Le National" has said, again and again, placing the name of
  13803. its old editor by the side of the names of Napoleon and Vauban. What
  13804. signifies this exhumation of an anti-popular politician? It signifies
  13805. that Armand Carrel wished to make government an individual and
  13806. irremovable, but elective, property, and that he wished this property to
  13807. be elected, not by the people, but by the army. The political system of
  13808. Carrel was simply a reorganization of the pretorian guards. Carrel also
  13809. hated the _pequins_. That which he deplored in the revolution of July
  13810. was not, they say, the insurrection of the people, but the victory of
  13811. the people over the soldiers. That is the reason why Carrel, after 1830,
  13812. would never support the patriots. "Do you answer me with a few
  13813. regiments?" he asked. Armand Carrel regarded the army--the military
  13814. power--as the basis of law and government. This man undoubtedly had a
  13815. moral sense within him, but he surely had no sense of justice. Were he
  13816. still in this world, I declare it boldly, liberty would have no greater
  13817. enemy than Carrel.]
  13818. [Footnote 68: In a very short article, which was read by M. Wolowski, M.
  13819. Louis Blanc declares, in substance, that he is not a communist (which I
  13820. easily believe); that one must be a fool to attack property (but he does
  13821. not say why); and that it is very necessary to guard against confounding
  13822. property with its abuses. When Voltaire overthrew Christianity, he
  13823. repeatedly avowed that he had no spite against religion, but only
  13824. against its abuses.]
  13825. [Footnote 69: The property fever is at its height among writers and
  13826. artists, and it is curious to see the complacency with which our
  13827. legislators and men of letters cherish this devouring passion. An artist
  13828. sells a picture, and then, the merchandise delivered, assumes to prevent
  13829. the purchaser from selling engravings, under the pretext that he, the
  13830. painter, in selling the original, has not sold his DESIGN. A dispute
  13831. arises between the amateur and the artist in regard to both the fact and
  13832. the law. M. Villemain, the Minister of Public Instruction, being
  13833. consulted as to this particular case, finds that the painter is right;
  13834. only the property in the design should have been specially reserved in
  13835. the contract: so that, in reality, M. Villemain recognizes in the artist
  13836. a power to surrender his work and prevent its communication; thus
  13837. contradicting the legal axiom, One CANNOT GIVE AND KEEP AT THE SAME
  13838. TIME. A strange reasoner is M. Villemain! An ambiguous principle leads
  13839. to a false conclusion. Instead of rejecting the principle, M. Villemain
  13840. hastens to admit the conclusion. With him the _reductio ad absurdum_ is
  13841. a convincing argument. Thus he is made official defender of literary
  13842. property, sure of being understood and sustained by a set of loafers,
  13843. the disgrace of literature and the plague of public morals. Why, then,
  13844. does M. Villemain feel so strong an interest in setting himself up as
  13845. the chief of the literary classes, in playing for their benefit the role
  13846. of Trissotin in the councils of the State, and in becoming the
  13847. accomplice and associate of a band of profligates,--_soi-disant_ men of
  13848. letters,--who for more than ten years have labored with such deplorable
  13849. success to ruin public spirit, and corrupt the heart by warping the
  13850. mind?]
  13851. [Footnote 70: M. Leroux has been highly praised in a review for having
  13852. defended property. I do not know whether the industrious encyclopedist
  13853. is pleased with the praise, but I know very well that in his place I
  13854. should mourn for reason and for truth.]
  13855. [Footnote 71: "Impartial," of Besancon.]
  13856. [Footnote 72: The Arians deny the divinity of Christ. The Semi-Arians
  13857. differ from the Arians only by a few subtle distinctions. M. Pierre
  13858. Leroux, who regards Jesus as a man, but claims that the Spirit of God
  13859. was infused into him, is a true Semi-Arian.
  13860. The Manicheans admit two co-existent and eternal principles,--God and
  13861. matter, spirit and flesh, light and darkness, good and evil; but, unlike
  13862. the Phalansterians, who pretend to reconcile the two, the Manicheans
  13863. make war upon matter, and labor with all their might for the destruction
  13864. of the flesh, by condemning marriage and forbidding reproduction,--which
  13865. does not prevent them, however, from indulging in all the carnal
  13866. pleasures which the intensest lust can conceive of. In this last
  13867. particular, the tendency of the Fourieristic morality is quite
  13868. Manichean.
  13869. The Gnostics do not differ from the early Christians. As their name
  13870. indicates, they regarded themselves as inspired. Fourier, who held
  13871. peculiar ideas concerning the visions of somnambulists, and who believed
  13872. in the possibility of developing the magnetic power to such an extent as
  13873. to enable us to commune with invisible beings, might, if he were living,
  13874. pass also for a Gnostic.
  13875. The Adamites attend mass entirely naked, from motives of chastity. Jean
  13876. Jacques Rousseau, who took the sleep of the senses for chastity, and who
  13877. saw in modesty only a refinement of pleasure, inclined towards Adamism.
  13878. I know such a sect, whose members usually celebrate their mysteries in
  13879. the costume of Venus coming from the bath.
  13880. The Pre-Adamites believe that men existed before the first man. I once
  13881. met a Pre-Adamite. True, he was deaf and a Fourierist.
  13882. The Pelagians deny grace, and attribute all the merit of good works to
  13883. liberty. The Fourierists, who teach that man's nature and passions are
  13884. good, are reversed Pelagians; they give all to grace, and nothing to
  13885. liberty.
  13886. The Socinians, deists in all other respects, admit an original
  13887. revelation. Many people are Socinians to-day, who do not suspect it, and
  13888. who regard their opinions as new.
  13889. The Neo-Christians are those simpletons who admire Christianity because
  13890. it has produced bells and cathedrals. Base in soul, corrupt in heart,
  13891. dissolute in mind and senses, the Neo-Christians seek especially after
  13892. the external form, and admire religion, as they love women, for its
  13893. physical beauty. They believe in a coming revelation, as well as a
  13894. transfiguration of Catholicism. They will sing masses at the grand
  13895. spectacle in the phalanstery.]
  13896. [Footnote 73: It should be understood that the above refers only to the
  13897. moral and political doctrines of Fourier,--doctrines which, like all
  13898. philosophical and religious systems, have their root and _raison
  13899. d'existence_ in society itself, and for this reason deserve to be
  13900. examined. The peculiar speculations of Fourier and his sect concerning
  13901. cosmogony, geology, natural history, physiology, and psychology, I leave
  13902. to the attention of those who would think it their duty to seriously
  13903. refute the fables of Blue Beard and the Ass's Skin.]
  13904. [Footnote 74: A writer for the radical press, M. Louis Raybaud, said, in
  13905. the preface to his "Studies of Contemporary Reformers:" "Who does not
  13906. know that morality is relative? Aside from a few grand sentiments which
  13907. are strikingly instinctive, the measure of human acts varies with
  13908. nations and climates, and only civilization--the progressive education
  13909. of the race--can lead to a universal morality.... The absolute escapes
  13910. our contingent and finite nature; the absolute is the secret of God."
  13911. God keep from evil M. Louis Raybaud! But I cannot help remarking that
  13912. all political apostates begin by the negation of the absolute, which is
  13913. really the negation of truth. What can a writer, who professes
  13914. scepticism, have in common with radical views? What has he to say to his
  13915. readers? What judgment is he entitled to pass upon contemporary
  13916. reformers? M. Raybaud thought it would seem wise to repeat an old
  13917. impertinence of the legist, and that may serve him for an excuse. We all
  13918. have these weaknesses. But I am surprised that a man of so much
  13919. intelligence as M. Raybaud, who STUDIES SYSTEMS, fails to see the very
  13920. thing he ought first to recognize,--namely, that systems are the
  13921. progress of the mind towards the absolute.]
  13922. [Footnote 75: The electoral reform, it is continually asserted, is not
  13923. an END, but a MEANS. Undoubtedly; but what, then, is the end? Why not
  13924. furnish an unequivocal explanation of its object? How can the people
  13925. choose their representatives, unless they know in advance the purpose
  13926. for which they choose them, and the object of the commission which they
  13927. entrust to them? But, it is said, the very business of those chosen by
  13928. the people is to find out the object of the reform. That is a quibble.
  13929. What is to hinder these persons, who are to be elected in future, from
  13930. first seeking for this object, and then, when they have found it, from
  13931. communicating it to the people? The reformers have well said, that,
  13932. while the object of the electoral reform remains in the least
  13933. indefinite, it will be only a means of transferring power from the hands
  13934. of petty tyrants to the hands of other tyrants. We know already how a
  13935. nation may be oppressed by being led to believe that it is obeying only
  13936. its own laws. The history of universal suffrage, among all nations, is
  13937. the history of the restrictions of liberty by and in the name of the
  13938. multitude. Still, if the electoral reform, in its present shape, were
  13939. rational, practical, acceptable to clean consciences and upright minds,
  13940. perhaps one might be excused, though ignorant of its object, for
  13941. supporting it. But, no; the text of the petition determines nothing,
  13942. makes no distinctions, requires no conditions, no guarantee; it
  13943. establishes the right without the duty. "Every Frenchman is a voter, and
  13944. eligible to office." As well say: "Every bayonet is intelligent, every
  13945. savage is civilized, every slave is free." In its vague generality, the
  13946. reformatory petition is the weakest of abstractions, or the highest form
  13947. of political treason. Consequently, the enlightened patriots distrust
  13948. and despise each other. The most radical writer of the time,--he whose
  13949. economical and social theories are, without comparison, the most
  13950. advanced,--M. Leroux, has taken a bold stand against universal suffrage
  13951. and democratic government, and has written an exceedingly keen criticism
  13952. of J. J. Rousseau. That is undoubtedly the reason why M. Leroux is no
  13953. longer the philosopher of "Le National." That journal, like Napoleon,
  13954. does not like men of ideas. Nevertheless, "Le National" ought to know
  13955. that he who fights against ideas will perish by ideas.]
  13956. End of the Project Gutenberg EBook of What is Property?, by P. J. Proudhon
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