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diff --git a/old/pprty10.txt b/old/pprty10.txt new file mode 100644 index 0000000..56952d2 --- /dev/null +++ b/old/pprty10.txt @@ -0,0 +1,18107 @@ +Project Gutenberg's Etext of What is Property? by P. J. Proudhon + +Copyright laws are changing all over the world, be sure to check +the copyright laws for your country before posting these files! + +Please take a look at the important information in this header. +We encourage you to keep this file on your own disk, keeping an +electronic path open for the next readers. Do not remove this. + + +**Welcome To The World of Free Plain Vanilla Electronic Texts** + +**Etexts Readable By Both Humans and By Computers, Since 1971** + +*These Etexts Prepared By Hundreds of Volunteers and Donations* + +Information on contacting Project Gutenberg to get Etexts, and +further information is included below. We need your donations. + + +What is Property? + +P. J. 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If you + don't derive profits, no royalty is due. Royalties are + payable to "Project Gutenberg Association / Illinois + Benedictine College" within the 60 days following each + date you prepare (or were legally required to prepare) + your annual (or equivalent periodic) tax return. + +WHAT IF YOU *WANT* TO SEND MONEY EVEN IF YOU DON'T HAVE TO? +The Project gratefully accepts contributions in money, time, +scanning machines, OCR software, public domain etexts, royalty +free copyright licenses, and every other sort of contribution +you can think of. Money should be paid to "Project Gutenberg +Association / Illinois Benedictine College". + +*END*THE SMALL PRINT! FOR PUBLIC DOMAIN ETEXTS*Ver.04.29.93*END* + + + + + +Scanned with OmniPage Professional OCR software +donated by Caere Corporation, 1-800-535-7226. +Contact Mike Lough <Mikel@caere.com> + + + + +WHAT IS +PROPERTY? +AN INQUIRY INTO THE PRINCIPLE OF +RIGHT AND OF GOVERNMENT +P. J. Proudhon + + + + +CONTENTS. + + + +P. J. PROUDHON: HIS LIFE AND HIS WORKS + +PREFACE + +FIRST MEMOIR + +CHAPTER I. + +METHOD PURSUED IN THIS WORK.--THE IDEA OF A REVOLUTION + + +CHAPTER II. + +PROPERTY CONSIDERED AS A NATURAL RIGHT.--OCCUPATION AND CIVIL LAW +AS EFFICIENT BASES OF PROPERTY.--DEFINITIONS +% 1. Property as a Natural Right. +% 2. Occupation as the Title to Property. +% 3. Civil Law as the Foundation and Sanction of Property. + + +CHAPTER III. + +LABOR AS THE EFFICIENT CAUSE OF THE DOMAIN OF PROPERTY +% 1. The Land cannot be appropriated. +% 2. Universal Consent no Justification of Property. +% 3. Prescription gives no Title to Property. +% 4. Labor.--That Labor has no Inherent Power to appropriate + Natural Wealth. +% 5. That Labor leads to Equality of Property. +% 6. That in Society all Wages are Equal. +% 7. That Inequality of Powers is the Necessary Condition of + Equality of Fortunes. +% 8. That, from the stand-point of Justice, Labor destroys + Property. + + +CHAPTER IV. + +THAT PROPERTY IS IMPOSSIBLE + +DEMONSTRATION. AXIOM. + +Property is the Right of Increase claimed by the Proprietor over +any thing which he has stamped as his own. + +FIRST PROPOSITION. +Property is Impossible, because it demands Something for Nothing. + +SECOND PROPOSITION. +Property is Impossible, because, wherever it exists, Production +costs more than it is worth. + +THIRD PROPOSITION. +Property is Impossible, because, with a given Capital, Production +is proportional to Labor, not to Property. + +FOURTH PROPOSITION. +Property is Impossible, because it is Homicide. + +FIFTH PROPOSITION. +Property is Impossible, because, if it exists, Society devours itself. + +Appendix to the Fifth Proposition. + +SIXTH PROPOSITION. +Property is Impossible, because it is the Mother of Tyranny. + +SEVENTH PROPOSITION. +Property is Impossible, because, in consuming its Receipts, it +loses them; in hoarding them, it nullifies them; and, in +using them as Capital, it turns them against Production. + +EIGHTH PROPOSITION. +Property is Impossible, because its Power of Accumulation is +infinite, and is exercised only over Finite Quantities. + +NINTH PROPOSITION +Property is Impossible, because it is powerless against Property. + +TENTH PROPOSITION. +Property is Impossible, because it is the Negation of Equality. + + +CHAPTER V. +PSYCHOLOGICAL EXPOSITION OF THE IDEA OF JUSTICE AND IN JUSTICE, +AND A DETERMINATION OF THE PRINCIPLE OF GOVERNMENT AND OF RIGHT. + +PART 1. + +% 1. Of the Moral Sense in Man and the Animals. +% 2. Of the First and Second Degrees of Sociability. +% 3. Of the Third Degree of Sociability. + +PART I 1. +% 1. Of the Causes of our Mistakes. The Origin of Property. +% 2. Characteristics of Communism and of Property. +% 3. Determination of the Third Form of Society. Conclusion. + + +SECOND MEMOIR +LETTER TO M. BLANQUI ON PROPERTY + + + +P. J. PROUDHON: + +HIS LIFE AND HIS WORKS. + +The correspondence[1] of P. J. Proudhon, the first volumes of +which we publish to-day, has been collected since his death by +the faithful and intelligent labors of his daughter, aided by a +few friends. It was incomplete when submitted to Sainte Beuve, +but the portion with which the illustrious academician became +acquainted was sufficient to allow him to estimate it as a whole +with that soundness of judgment which characterized him as a +literary critic. + +[1] In the French edition of Proudhon's works, the above sketch +of his life is prefixed to the first volume of his +correspondence, but the translator prefers to insert it here as +the best method of introducing the author to the American public. + +He would, however, caution readers against accepting the +biographer's interpretation of the author's views as in any sense +authoritative; advising them, rather, to await the publication of +the remainder of Proudhon's writings, that they may form an +opinion for themselves.--Translator. + + + + +In an important work, which his habitual readers certainly have +not forgotten, although death did not allow him to finish it, +Sainte Beuve thus judges the correspondence of the great +publicist:-- + +"The letters of Proudhon, even outside the circle of his +particular friends, will always be of value; we can always learn +something from them, and here is the proper place to determine +the general character of his correspondence. + +"It has always been large, especially since he became so +celebrated; and, to tell the truth, I am persuaded that, in the +future, the correspondence of Proudhon will be his principal, +vital work, and that most of his books will be only accessory to +and corroborative of this. At any rate, his books can be well +understood only by the aid of his letters and the continual +explanations which he makes to those who consult him in their +doubt, and request him to define more clearly his position. + +"There are, among celebrated people, many methods of +correspondence. There are those to whom letter-writing is a +bore, and who, assailed with questions and compliments, reply in +the greatest haste, solely that the job may be over with, and who +return politeness for politeness, mingling it with more or less +wit. This kind of correspondence, though coming from celebrated +people, is insignificant and unworthy of collection and +classification. + +"After those who write letters in performance of a disagreeable +duty, and almost side by side with them in point of +insignificance, I should put those who write in a manner wholly +external, wholly superficial, devoted only to flattery, lavishing +praise like gold, without counting it; and those also who weigh +every word, who reply formally and pompously, with a view to fine +phrases and effects. They exchange words only, and choose them +solely for their brilliancy and show. You think it is you, +individually, to whom they speak; but they are addressing +themselves in your person to the four corners of Europe. Such +letters are empty, and teach as nothing but theatrical execution +and the favorite pose of their writers. + +"I will not class among the latter the more prudent and sagacious +authors who, when writing to individuals, keep one eye on +posterity. We know that many who pursue this method have written +long, finished, charming, flattering, and tolerably natural +letters. Beranger furnishes us with the best example of this +class. + +"Proudhon, however, is a man of entirely different nature and +habits. In writing, he thinks of nothing but his idea and the +person whom he addresses: ad rem et ad hominem. A man of +conviction and doctrine, to write does not weary him; to be +questioned does not annoy him. When approached, he cares only to +know that your motive is not one of futile curiosity, but the +love of truth; he assumes you to be serious, he replies, he +examines your objections, sometimes verbally, sometimes in +writing; for, as he remarks, `if there be some points which +correspondence can never settle, but which can be made clear by +conversation in two minutes, at other times just the opposite is +the case: an objection clearly stated in writing, a doubt well +expressed, which elicits a direct and positive reply, helps +things along more than ten hours of oral intercourse!' In +writing to you he does not hesitate to treat the subject anew; he +unfolds to you the foundation and superstructure of his thought: +rarely does he confess himself defeated--it is not his way; he +holds to his position, but admits the breaks, the variations, in +short, the EVOLUTION of his mind. The history of his mind is +in his letters; there it must be sought. + +"Proudhon, whoever addresses him, is always ready; he quits the +page of the book on which he is at work to answer you with the +same pen, and that without losing patience, without getting +confused, without sparing or complaining of his ink; he is a +public man, devoted to the propagation of his idea by all +methods, and the best method, with him, is always the present +one, the latest one. His very handwriting, bold, uniform, +legible, even in the most tiresome passages, betrays no haste, no +hurry to finish. Each line is accurate: nothing is left to +chance; the punctuation, very correct and a little emphatic and +decided, indicates with precision and delicate distinction all +the links in the chain of his argument. He is devoted entirely +to you, to his business and yours, while writing to you, and +never to anything else. All the letters of his which I have seen +are serious: not one is commonplace. + +"But at the same time he is not at all artistic or affected; he +does not CONSTRUCT his letters, he does not revise them, he +spends no time in reading them over; we have a first draught, +excellent and clear, a jet from the fountain-head, but that is +all. The new arguments, which he discovers in support of his +ideas and which opposition suggests to him, are an agreeable +surprise, and shed a light which we should vainly search for even +in his works. His correspondence differs essentially from his +books, in that it gives you no uneasiness; it places you in the +very heart of the man, explains him to you, and leaves you with +an impression of moral esteem and almost of intellectual +security. We feel his sincerity. I know of no one to whom he +can be more fitly compared in this respect than George Sand, +whose correspondence is large, and at the same time full of +sincerity. His role and his nature correspond. If he is writing +to a young man who unbosoms himself to him in sceptical anxiety, +to a young woman who asks him to decide delicate questions of +conduct for her, his letter takes the form of a short moral +essay, of a father-confessor's advice. Has he perchance attended +the theatre (a rare thing for him) to witness one of Ponsart's +comedies, or a drama of Charles Edmond's, he feels bound to give +an account of his impressions to the friend to whom he is +indebted for this pleasure, and his letter becomes a literary and +philosophical criticism, full of sense, and like no other. His +familiarity is suited to his correspondent; he affects no +rudeness. The terms of civility or affection which he +employs towards his correspondents are sober, measured, +appropriate to each, and honest in their simplicity and +cordiality. When he speaks of morals and the family, he seems at +times like the patriarchs of the Bible. His command of language +is complete, and he never fails to avail himself of it. Now and +then a coarse word, a few personalities, too bitter and quite +unjust or injurious, will have to be suppressed in printing; +time, however, as it passes away, permits many things and renders +them inoffensive. Am I right in saying that Proudhon's +correspondence, always substantial, will one day be the most +accessible and attractive portion of his works?" + + +Almost the whole of Proudhon's real biography is included in his +correspondence. Up to 1837, the date of the first letter which +we have been able to collect, his life, narrated by Sainte Beuve, +from whom we make numerous extracts, may be summed up in a few +pages. + +Pierre Joseph Proudhon was born on the 15th of January, 1809, in +a suburb of Besancon, called Mouillere. His father and mother +were employed in the great brewery belonging to M. Renaud. His +father, though a cousin of the jurist Proudhon, the celebrated +professor in the faculty of Dijon, was a journeyman brewer. His +mother, a genuine peasant, was a common servant. She was an +orderly person of great good sense; and, as they who knew her +say, a superior woman of HEROIC character,--to use the +expression of the venerable M. Weiss, the librarian at Besancon. +She it was especially that Proudhon resembled: she and his +grandfather Tournesi, the soldier peasant of whom his mother told +him, and whose courageous deeds he has described in his work on +"Justice." Proudhon, who always felt a great veneration for his +mother Catharine, gave her name to the elder of his daughters. +In 1814, when Besancon was blockaded, Mouillere, which stood in +front of the walls of the town, was destroyed in the defence +of the place; and Proudhon's father established a cooper's shop +in a suburb of Battant, called Vignerons. Very honest, but +simple-minded and short-sighted, this cooper, the father of five +children, of whom Pierre Joseph was the eldest, passed his life +in poverty. At eight years of age, Proudhon either made himself +useful in the house, or tended the cattle out of doors. No one +should fail to read that beautiful and precious page of his work +on "Justice," in which he describes the rural sports which he +enjoyed when a neatherd. At the age of twelve, he was a cellar- +boy in an inn. This, however, did not prevent him from studying. + +His mother was greatly aided by M. Renaud, the former owner of +the brewery, who had at that time retired from business, and was +engaged in the education of his children. + +Proudhon entered school as a day-scholar in the sixth class. He +was necessarily irregular in his attendance; domestic cares and +restraints sometimes kept him from his classes. He succeeded +nevertheless in his studies; he showed great perseverance. His +family were so poor that they could not afford to furnish him +with books; he was obliged to borrow them from his comrades, and +copy the text of his lessons. He has himself told us that he was +obliged to leave his wooden shoes outside the door, that he might +not disturb the classes with his noise; and that, having no hat, +he went to school bareheaded. One day, towards the close of his +studies, on returning from the distribution of the prizes, loaded +with crowns, he found nothing to eat in the house. + + +"In his eagerness for labor and his thirst for knowledge, +Proudhon," says Sainte Beuve, "was not content with the +instruction of his teachers. From his twelfth to his fourteenth +year, he was a constant frequenter of the town library. +One curiosity led to another, and he called for book after book, +sometimes eight or ten at one sitting. The learned librarian, +the friend and almost the brother of Charles Nodier, M. Weiss, +approached him one day, and said, smiling, `But, my little +friend, what do you wish to do with all these books?' The child +raised his head, eyed his questioner, and replied: `What's that +to you?' And the good M. Weiss remembers it to this day." + + +Forced to earn his living, Proudhon could not continue his +studies. He entered a printing-office in Besancon as a proof- +reader. Becoming, soon after, a compositor, he made a tour of +France in this capacity. At Toulon, where he found himself +without money and without work, he had a scene with the mayor, +which he describes in his work on "Justice." + +Sainte Beuve says that, after his tour of France, his service +book being filled with good certificates, Proudhon was promoted +to the position of foreman. But he does not tell us, for the +reason that he had no knowledge of a letter written by Fallot, of +which we never heard until six months since, that the printer at +that time contemplated quitting his trade in order to become a +teacher. + +Towards 1829, Fallot, who was a little older than Proudhon, and +who, after having obtained the Suard pension in 1832, died in his +twenty-ninth year, while filling the position of assistant +librarian at the Institute, was charged, Protestant though he +was, with the revisal of a "Life of the Saints," which was +published at Besancon. The book was in Latin, and Fallot added +some notes which also were in Latin. + + +"But," says Sainte Beuve, "it happened that some errors escaped +his attention, which Proudhon, then proof-reader in the printing +office, did not fail to point out to him. Surprised at finding +so good a Latin scholar in a workshop, he desired to make his +acquaintance; and soon there sprung up between them a most +earnest and intimate friendship: a friendship of the intellect +and of the heart." + +Addressed to a printer between twenty-two and twenty- three years +of age, and predicting in formal terms his future fame, Fallot's +letter seems to us so interesting that we do not hesitate to +reproduce it entire. + + "PARIS, December 5, 1831. + +"MY DEAR PROUDHON,--YOU have a right to be surprised at, and even +dissatisfied with, my long delay in replying to your kind letter; +I will tell you the cause of it. It became necessary to forward +an account of your ideas to M. J. de Gray; to hear his +objections, to reply to them, and to await his definitive +response, which reached me but a short time ago; for M. J. is a +sort of financial king, who takes no pains to be punctual in +dealing with poor devils like ourselves. I, too, am careless in +matters of business; I sometimes push my negligence even to +disorder, and the metaphysical musings which continually occupy +my mind, added to the amusements of Paris, render me the most +incapable man in the world for conducting a negotiation with +despatch. + +"I have M. Jobard's decision; here it is: In his judgment, you +are too learned and clever for his children; he fears that you +could not accommodate your mind and character to the childish +notions common to their age and station. In short, he is what +the world calls a good father; that is, he wants to spoil his +children, and, in order to do this easily, he thinks fit to +retain his present instructor, who is not very learned, but who +takes part in their games and joyous sports with wonderful +facility, who points out the letters of the alphabet to the +little girl, who takes the little boys to mass, and who, no less +obliging than the worthy Abbe P. of our acquaintance, would +readily dance for Madame's amusement. Such a profession would +not suit you, you who have a free, proud, and manly soul: you are +refused; let us dismiss the matter from our minds. Perhaps +another time my solicitude will be less unfortunate. I can only +ask your pardon for having thought of thus disposing of you +almost without consulting you. I find my excuse in the motives +which guided me; I had in view your well-being and advancement in +the ways of this world. + +"I see in your letter, my comrade, through its brilliant +witticisms and beneath the frank and artless gayety with which +you have sprinkled it, a tinge of sadness and despondency which +pains me. You are unhappy, my friend: your present situation +does not suit you; you cannot remain in it, it was not made for +you, it is beneath you; you ought, by all means, to leave it, +before its injurious influence begins to affect your faculties, +and before you become settled, as they say, in the ways of your +profession, were it possible that such a thing could ever +happen, which I flatly deny. You are unhappy; you have not yet +entered upon the path which Nature has marked out for you. But, +faint-hearted soul, is that a cause for despondency? Ought you +to feel discouraged? Struggle, morbleu, struggle persistently, +and you will triumph. J. J. Rousseau groped about for forty +years before his genius was revealed to him. You are not J. J +Rousseau; but listen: I know not whether I should have divined +the author of "Emile" when he was twenty years of age, supposing +that I had been his contemporary, and had enjoyed the honor of +his acquaintance. But I have known you, I have loved you, I have +divined your future, if I may venture to say so; for the first +time in my life, I am going to risk a prophecy. Keep this +letter, read it again fifteen or twenty years hence, perhaps +twenty-five, and if at that time the prediction which I am about +to make has not been fulfilled, burn it as a piece of folly out +of charity and respect for my memory. This is my prediction: you +will be, Proudhon, in spite of yourself, inevitably, by the fact +of your destiny, a writer, an author; you will be a philosopher; +you will be one of the lights of the century, and your name will +occupy a place in the annals of the nineteenth century, like +those of Gassendi, Descartes, Malebranche, and Bacon in the +seventeenth, and those of Diderot, Montesquieu, Helvetius. +Locke, Hume, and Holbach in the eighteenth. Such will be your +lot! Do now what you will, set type in a printing-office, bring +up children, bury yourself in deep seclusion, seek obscure and +lonely villages, it is all one to me; you cannot escape your +destiny; you cannot divest yourself of your noblest feature, that +active, strong, and inquiring mind, with which you are endowed; +your place in the world has been appointed, and it cannot remain +empty. Go where you please, I expect you in Paris, talking +philosophy and the doctrines of Plato; you will have to come, +whether you want to or not. I, who say this to you, must feel +very sure of it in order to be willing to put it upon paper, +since, without reward for my prophetic skill,--to which, I assure +you, I make not the slightest claim,--I run the risk of passing +for a hare-brained fellow, in case I prove to be mistaken: he +plays a bold game who risks his good sense upon his cards, in +return for the very trifling and insignificant merit of having +divined a young man's future. + +"When I say that I expect you in Paris, I use only a proverbial +phrase which you must not allow to mislead you as to my projects +and plans. To reside in Paris is disagreeable to me, very much +so; and when this fine-art fever which possesses me has left me, +I shall abandon the place without regret to seek a more peaceful +residence in a provincial town, provided always the town shall +afford me the means of living, bread, a bed, books, rest, +and solitude. How I miss, my good Proudhon, that dark, obscure, +smoky chamber in which I dwelt in Besancon, and where we spent so +many pleasant hours in the discussion of philosophy! Do you +remember it? But that is now far away. Will that happy time +ever return? Shall we one day meet again? Here my life is +restless, uncertain, precarious, and, what is worse, indolent, +illiterate, and vagrant. I do no work, I live in idleness, I +ramble about; I do not read, I no longer study; my books are +forsaken; now and then I glance over a few metaphysical works, +and after a days walk through dirty, filthy, crowded streets. I +lie down with empty head and tired body, to repeat the +performance on the following day. What is the object of these +walks, you will ask. I make visits, my friend; I hold interviews +with stupid people. Then a fit of curiosity seizes me, the least +inquisitive of beings: there are museums, libraries, assemblies, +churches, palaces, gardens, and theatres to visit. I am fond of +pictures, fond of music, fond of sculpture; all these are +beautiful and good, but they cannot appease hunger, nor take the +place of my pleasant readings of Bailly, Hume, and Tennemann, +which I used to enjoy by my fireside when I was able to read. + +"But enough of complaints. Do not allow this letter to affect +you too much, and do not think that I give way to dejection or +despondency; no, I am a fatalist, and I believe in my star. I do +not know yet what my calling is, nor for what branch of polite +literature I am best fitted; I do not even know whether I am, or +ever shall be, fitted for any: but what matters it? I suffer, I +labor, I dream, I enjoy, I think; and, in a word, when my last +hour strikes, I shall have lived. + +"Proudhon, I love you, I esteem you; and, believe me, these are +not mere phrases. What interest could I have in flattering and +praising a poor printer? Are you rich, that you may pay for +courtiers? Have you a sumptuous table, a dashing wife, and gold +to scatter, in order to attract them to your suite? Have you the +glory, honors, credit, which would render your acquaintance +pleasing to their vanity and pride? No; you are poor, obscure, +abandoned; but, poor, obscure, and abandoned, you have a friend, +and a friend who knows all the obligations which that word +imposes upon honorable people, when they venture to assume it. +That friend is myself: put me to the test. + "GUSTAVE FALLOT." + + +It appears from this letter that if, at this period, Proudhon had +already exhibited to the eyes of a clairvoyant friend his genius +for research and investigation, it was in the direction of +philosophical, rather than of economical and social, questions. + +Having become foreman in the house of Gauthier & Co., who carried +on a large printing establishment at Besancon, he corrected the +proofs of ecclesiastical writers, the Fathers of the Church. As +they were printing a Bible, a Vulgate, he was led to compare the +Latin with the original Hebrew. + + +"In this way," says Sainte Beuve, "he learned Hebrew by himself, +and, as everything was connected in his mind, he was led to the +study of comparative philology. As the house of Gauthier +published many works on Church history and theology, he came also +to acquire, through this desire of his to investigate everything, +an extensive knowledge of theology, which afterwards caused +misinformed persons to think that he had been in an +ecclesiastical seminary." + + +Towards 1836, Proudhon left the house of Gauthier, and, in +company with an associate, established a small printing-office in +Besancon. His contribution to the partnership consisted, not so +much in capital, as in his knowledge of the trade. His partner +committing suicide in 1838, Proudhon was obliged to wind up the +business, an operation which he did not accomplish as quickly and +as easily as he hoped. He was then urged by his friends to enter +the ranks of the competitors for the Suard pension. This pension +consisted of an income of fifteen hundred francs bequeathed to +the Academy of Besancon by Madame Suard, the widow of the +academician, to be given once in three years to the young man +residing in the department of Doubs, a bachelor of letters or of +science, and not possessing a fortune, whom the Academy of +Besancon SHOULD DEEM BEST FITTED FOR A LITERARY OR SCIENTIFIC +CAREER, OR FOR THE STUDY OF LAW OR OF MEDICINE. The first to +win the Suard pension was Gustave Fallot. Mauvais, who was +a distinguished astronomer in the Academy of Sciences, was the +second. Proudhon aspired to be the third. To qualify himself, +he had to be received as a bachelor of letters, and was obliged +to write a letter to the Academy of Besancon. In a phrase of +this letter, the terms of which he had to modify, though he +absolutely refused to change its spirit, Proudhon expressed his +firm resolve to labor for the amelioration of the condition of +his brothers, the working-men. + +The only thing which he had then published was an "Essay on +General Grammar," which appeared without the author's signature. +While reprinting, at Besancon, the "Primitive Elements of +Languages, Discovered by the Comparison of Hebrew roots with +those of the Latin and French," by the Abbe Bergier, Proudhon had +enlarged the edition of his "Essay on General Grammar." + +The date of the edition, 1837, proves that he did not at that +time think of competing for the Suard pension. In this work, +which continued and completed that of the Abbe Bergier, Proudhon +adopted the same point of view, that of Moses and of Biblical +tradition. Two years later, in February, 1839, being already in +possession of the Suard pension, he addressed to the Institute, +as a competitor for the Volney prize, a memoir entitled: +"Studies in Grammatical Classification and the Derivation of some +French words." It was his first work, revised and presented in +another form. Four memoirs only were sent to the Institute, none +of which gained the prize. Two honorable mentions were granted, +one of them to memoir No. 4; that is, to P. J. Proudhon, printer +at Besancon. The judges were MM. Amedde Jaubert, Reinaud, and +Burnouf. + + +"The committee," said the report presented at the annual meeting +of the five academies on Thursday, May 2, 1839, "has paid +especial attention to manuscripts No. 1 and No. 4. Still, +it does not feel able to grant the prize to either of these +works, because they do not appear to be sufficiently elaborated. +The committee, which finds in No. 4 some ingenious analyses, +particularly in regard to the mechanism of the Hebrew language, +regrets that the author has resorted to hazardous conjectures, +and has sometimes forgotten the special recommendation of the +committee to pursue the experimental and comparative method." + + +Proudhon remembered this. He attended the lectures of Eugene +Burnouf, and, as soon as he became acquainted with the labors and +discoveries of Bopp and his successors, he definitively abandoned +an hypothesis which had been condemned by the Academy of +Inscriptions and Belles-lettres. He then sold, for the value of +the paper, the remaining copies of the "Essay" published by him +in 1837. In 1850, they were still lying in a grocer's back-shop. + +A neighboring publisher then placed the edition on the market, +with the attractive name of Proudhon upon it. A lawsuit ensued, +in which the author was beaten. His enemies, and at that time +there were many of them, would have been glad to have proved him +a renegade and a recanter. Proudhon, in his work on "Justice," +gives some interesting details of this lawsuit. + +In possession of the Suard pension, Proudhon took part in the +contest proposed by the Academy of Besancon on the question of +the utility of the celebration of Sunday. His memoir obtained +honorable mention, together with a medal which was awarded him, +in open session, on the 24th of August, 1839. The reporter of +the committee, the Abbe Doney, since made Bishop of Montauban, +called attention to the unquestionable superiority of his talent. + + +"But," says Sainte Beuve, "he reproached him with having adopted +dangerous theories, and with having touched upon questions of +practical politics and social organization, where upright +intentions and zeal for the public welfare cannot justify rash +solutions." + + +Was it policy, we mean prudence, which induced Proudhon to screen +his ideas of equality behind the Mosaic law? Sainte Beuve, like +many others, seems to think so. But we remember perfectly well +that, having asked Proudhon, in August, 1848, if he did not +consider himself indebted in some respects to his fellow- +countryman, Charles Fourier, we received from him the following +reply: "I have certainly read Fourier, and have spoken of him +more than once in my works; but, upon the whole, I do not think +that I owe anything to him. My real masters, those who have +caused fertile ideas to spring up in my mind, are three in +number: first, the Bible; next, Adam Smith; and last, Hegel. + +Freely confessed in the "Celebration of Sunday," the influence of +the Bible on Proudhon is no less manifest in his first memoir on +property. Proudhon undoubtedly brought to this work many ideas +of his own; but is not the very foundation of ancient Jewish law +to be found in its condemnation of usurious interest and its +denial of the right of personal appropriation of land? + +The first memoir on property appeared in 1840, under the title, +"What is Property? or an Inquiry into the Principle of Right and +of Government." Proudhon dedicated it, in a letter which served +as the preface, to the Academy of Besancon. The latter, finding +itself brought to trial by its pensioner, took the affair to +heart, and evoked it, says Sainte Beuve, with all possible haste. + +The pension narrowly escaped being immediately withdrawn from the +bold defender of the principle of equality of conditions. M. +Vivien, then Minister of Justice, who was earnestly solicited to +prosecute the author, wished first to obtain the opinion of the +economist, Blanqui, a member of the Academy of Moral and +Political Sciences. Proudhon having presented to this academy a +copy of his book, M. Blanqui was appointed to review it. This +review, though it opposed Proudhon's views, shielded him. +Treated as a savant by M. Blanqui, the author was not +prosecuted. He was always grateful to MM. Blanqui and Vivien for +their handsome conduct in the matter. + +M. Blanqui's review, which was partially reproduced by "Le +Moniteur," on the 7th of September, 1840, naturally led Proudhon +to address to him, in the form of a letter, his second memoir on +property, which appeared in April, 1841. Proudhon had +endeavored, in his first memoir, to demonstrate that the pursuit +of equality of conditions is the true principle of right and of +government. In the "Letter to M. Blanqui," he passes in review +the numerous and varied methods by which this principle gradually +becomes realized in all societies, especially in modern society. + +In 1842, a third memoir appeared, entitled, "A Notice to +Proprietors, or a Letter to M. Victor Considerant, Editor of `La +Phalange,' in Reply to a Defence of Property." Here the +influence of Adam Smith manifested itself, and was frankly +admitted. Did not Adam Smith find, in the principle of equality, +the first of all the laws which govern wages? There are other +laws, undoubtedly; but Proudhon considers them all as springing +from the principle of property, as he defined it in his first +memoir. Thus, in humanity, there are two principles,--one which +leads us to equality, another which separates us from it. By the +former, we treat each other as associates; by the latter, as +strangers, not to say enemies. This distinction, which is +constantly met with throughout the three memoirs, contained +already, in germ, the idea which gave birth to the "System of +Economical Contradictions," which appeared in 1846, the idea of +antinomy or contre-loi. + +The "Notice to Proprietors" was seized by the magistrates of +Besancon; and Proudhon was summoned to appear before the assizes +of Doubs within a week. He read his written defence to the +jurors in person, and was acquitted. The jury, like M. Blanqui, +viewed him only as a philosopher, an inquirer, a savant. + +In 1843, Proudhon published the "Creation of Order in Humanity," +a large volume, which does not deal exclusively with questions of +social economy. Religion, philosophy, method, certainty, logic, +and dialectics are treated at considerable length. + +Released from his printing-office on the 1st of March of the same +year, Proudhon had to look for a chance to earn his living. +Messrs. Gauthier Bros., carriers by water between Mulhouse and +Lyons, the eldest of whom was Proudhon's companion in childhood, +conceived the happy thought of employing him, of utilizing his +ability in their business, and in settling the numerous points of +difficulty which daily arose. Besides the large number of +accounts which his new duties required him to make out, and which +retarded the publication of the "System of Economical +Contradictions," until October, 1846, we ought to mention a work, +which, before it appeared in pamphlet form, was published in the +"Revue des Economistes,"--"Competition between Railroads and +Navigable Ways." + +"Le Miserere, or the Repentance of a King," which he published in +March, 1845, in the "Revue Independante," during that +Lenten season when Lacordaire was preaching in Lyons, proves +that, though devoting himself with ardor to the study of +economical problems, Proudhon had not lost his interest in +questions of religious history. Among his writings on these +questions, which he was unfortunately obliged to leave +unfinished, we may mention a nearly completed history of the +early Christian heresies, and of the struggle of Christianity +against Caesarism. + +We have said that, in 1848, Proudhon recognized three masters. +Having no knowledge of the German language, he could not have +read the works of Hegel, which at that time had not been +translated into French. It was Charles Grun, a German, who had +come to France to study the various philosophical and socialistic +systems, who gave him the substance of the Hegelian ideas. +During the winter of 1844-45, Charles Grun had some long +conversations with Proudhon, which determined, very decisively, +not the ideas, which belonged exclusively to the bisontin +thinker, but the form of the important work on which he labored +after 1843, and which was published in 1846 by Guillaumin. + +Hegel's great idea, which Proudhon appropriated, and which he +demonstrates with wonderful ability in the "System of Economical +Contradictions," is as follows: Antinomy, that is, the existence +of two laws or tendencies which are opposed to each other, is +possible, not only with two different things, but with one and +the same thing. Considered in their thesis, that is, in the law +or tendency which created them, all the economical categories are +rational,--competition, monopoly, the balance of trade, and +property, as well as the division of labor, machinery, taxation, +and credit. But, like communism and population, all +these categories are antinomical; all are opposed, not only to +each other, but to themselves. All is opposition, and disorder +is born of this system of opposition. Hence, the sub-title of +the work,--"Philosophy of Misery." No category can be +suppressed; the opposition, antinomy, or contre-tendance, which +exists in each of them, cannot be suppressed. + +Where, then, lies the solution of the social problem? Influenced +by the Hegelian ideas, Proudhon began to look for it in a +superior synthesis, which should reconcile the thesis and +antithesis. Afterwards, while at work upon his book on +"Justice," he saw that the antinomical terms do not cancel each +other, any more than the opposite poles of an electric pile +destroy each other; that they are the procreative cause of +motion, life, and progress; that the problem is to discover, not +their fusion, which would be death, but their equilibrium,--an +equilibrium for ever unstable, varying with the development of +society. + +On the cover of the "System of Economical Contradictions," +Proudhon announced, as soon to appear, his "Solution of the +Social Problem." This work, upon which he was engaged when the +Revolution of 1848 broke out, had to be cut up into pamphlets and +newspaper articles. The two pamphlets, which he published in +March, 1848, before he became editor of "Le Representant du +Peuple," bear the same title,--"Solution of the Social Problem." +The first, which is mainly a criticism of the early acts of the +provisional government, is notable from the fact that in it +Proudhon, in advance of all others, energetically opposed the +establishment of national workshops. The second, "Organization +of Credit and Circulation," sums up in a few pages his +idea of economical progress: a gradual reduction of interest, +profit, rent, taxes, and wages. All progress hitherto has been +made in this manner; in this manner it must continue to be made. +Those workingmen who favor a nominal increase of wages are, +unconsciously. following a back-track, opposed to all their +interests. + +After having published in "Le Representant du Peuple," the +statutes of the Bank of Exchange,--a bank which was to make no +profits, since it was to have no stockholders, and which, +consequently, was to discount commercial paper with out interest, +charging only a commission sufficient to defray its running +expenses,--Proudhon endeavored, in a number of articles, to +explain its mechanism and necessity. These articles have been +collected in one volume, under the double title, "Resume of the +Social Question; Bank of Exchange." His other articles, those +which up to December, 1848, were inspired by the progress of +events, have been collected in another volume,--"Revolutionary +Ideas." + +Almost unknown in March, 1848, and struck off in April from the +list of candidates for the Constituent Assembly by the delegation +of workingmen which sat at the Luxembourg, Proudhon had but a +very small number of votes at the general elections of April. At +the complementary elections, which were held in the early days of +June, he was elected in Paris by seventy-seven thousand votes. + +After the fatal days of June, he published an article on le +terme, which caused the first suspension of "Le Representant du +Peuple." It was at that time that he introduced a bill into the +Assembly, which, being referred to the Committee on the Finances, +drew forth, first, the report of M. Thiers, and then the +speech which Proudhon delivered, on the 31st of July, in reply to +this report. "Le Representant du Peuple," reappearing a few days +later, he wrote, a propos of the law requiring journals to give +bonds, his famous article on "The Malthusians" (August 10, 1848). + +Ten days afterwards, "Le Representant du Peuple," again +suspended, definitively ceased to appear. "Le Peuple," of which +he was the editor-in-chief, and the first number of which was +issued in the early part of September, appeared weekly at first, +for want of sufficient bonds; it afterwards appeared daily, with +a double number once a week. Before "Le Peuple" had obtained its +first bond, Proudhon published a remarkable pamphlet on the +"Right to Labor,"--a right which he denied in the form in which +it was then affirmed. It was during the same period that he +proposed, at the Poissonniere banquet, his Toast to the +Revolution. + +Proudhon, who had been asked to preside at the banquet, refused, +and proposed in his stead, first, Ledru-Rollin, and then, in view +of the reluctance of the organizers of the banquet, the +illustrious president of the party of the Mountain, Lamennais. +It was evidently his intention to induce the representatives of +the Extreme Left to proclaim at last with him the Democratic and +Social Republic. Lamennais being accepted by the organizers, the +Mountain promised to be present at the banquet. The night +before, all seemed right, when General Cavaignac replaced +Minister Senart by Minister Dufaure-Vivien. The Mountain, +questioning the government, proposed a vote of confidence in the +old minister, and, tacitly, of want of confidence in the new. +Proudhon abstained from voting on this proposition. The Mountain +declared that it would not attend the banquet, if Proudhon +was to be present. Five Montagnards, Mathieu of Drome at their +head, went to the temporary office of "Le Peuple" to notify him +of this. "Citizen Proudhon," said they to the organizers in his +presence, "in abstaining from voting to-day on the proposition of +the Mountain, has betrayed the Republican cause." Proudhon, +vehemently questioned, began his defence by recalling, on the one +hand, the treatment which he had received from the dismissed +minister; and, on the other, the impartial conduct displayed +towards him in 1840 by M. Vivien, the new minister. He then +attacked the Mountain by telling its delegates that it sought +only a pretext, and that really, in spite of its professions of +Socialism in private conversation, whether with him or with the +organizers of the banquet, it had not the courage to publicly +declare itself Socialist. + +On the following day, in his Toast to the Revolution, a toast +which was filled with allusions to the exciting scene of the +night before, Proudhon commenced his struggle against the +Mountain. His duel with Felix Pyat was one of the episodes of +this struggle, which became less bitter on Proudhon's side after +the Mountain finally decided to publicly proclaim the Democratic +and Social Republic. The campaign for the election of a +President of the Republic had just begun. Proudhon made a very +sharp attack on the candidacy of Louis Bonaparte in a pamphlet +which is regarded as one of his literary chefs-d'oeuvre: the +"Pamphlet on the Presidency." An opponent of this institution, +against which he had voted in the Constituent Assembly, he at +first decided to take no part in the campaign. But soon seeing +that he was thus increasing the chances of Louis Bonaparte, and +that if, as was not at all probable, the latter should not +obtain an absolute majority of the votes, the Assembly would not +fail to elect General Cavaignac, he espoused, for the sake of +form, the candidacy of Raspail, who was supported by his friends +in the Socialist Committee. Charles Delescluze, the editor-in- +chief of "La Revolution Democratique et Sociale," who could not +forgive him for having preferred Raspail to Ledru-Rollin, the +candidate of the Mountain, attacked him on the day after the +election with a violence which overstepped all bounds. At first, +Proudhon had the wisdom to refrain from answering him. At +length, driven to an extremity, he became aggressive himself, and +Delescluze sent him his seconds. This time, Proudhon positively +refused to fight; he would not have fought with Felix Pyat, had +not his courage been called in question. + +On the 25th of January, 1849, Proudhon, rising from a sick bed, +saw that the existence of the Constituent Assembly was endangered +by the coalition of the monarchical parties with Louis Bonaparte, +who was already planning his coup d'Etat. He did not hesitate +to openly attack the man who had just received five millions of +votes. He wanted to break the idol; he succeeded only in getting +prosecuted and condemned himself. The prosecution demanded +against him was authorized by a majority of the Constituent +Assembly, in spite of the speech which he delivered on that +occasion. Declared guilty by the jury, he was sentenced, in +March, 1849, to three years' imprisonment and the payment of a +fine of ten thousand francs. + +Proudhon had not abandoned for a single moment his project of a +Bank of Exchange, which was to operate without capital with a +sufficient number of merchants and manufacturers for +adherents. This bank, which he then called the Bank of the +People, and around which he wished to gather the numerous +working-people's associations which had been formed since the +24th of February, 1848, had already obtained a certain number of +subscribers and adherents, the latter to the number of thirty- +seven thousand. It was about to commence operations, when +Proudhon's sentence forced him to choose between imprisonment and +exile. He did not hesitate to abandon his project and return the +money to the subscribers. He explained the motives which led him +to this decision in an article in "Le Peuple." + +Having fled to Belgium, he remained there but a few days, going +thence to Paris, under an assumed name, to conceal himself in a +house in the Rue de Chabrol. From his hiding-place he sent +articles almost every day, signed and unsigned, to "Le Peuple." +In the evening, dressed in a blouse, he went to some secluded +spot to take the air. Soon, emboldened by habit, he risked an +evening promenade upon the Boulevards, and afterwards carried his +imprudence so far as to take a stroll by daylight in the +neighborhood of the Gare du Nord. It was not long before he was +recognized by the police, who arrested him on the 6th of June, +1849, in the Rue du Faubourg-Poissonniere. + +Taken to the office of the prefect of police, then to Sainte- +Pelagie, he was in the Conciergerie on the day of the 13th of +June, 1849, which ended with the violent suppression of "Le +Peuple." He then began to write the "Confessions of a +Revolutionist," published towards the end of the year. He had +been again transferred to Sainte-Pelagie, when he married, in +December, 1849, Mlle. Euphrasie Piegard, a young working +girl whose hand he had requested in 1847. Madame Proudhon +bore him four daughters, of whom but two, Catherine and +Stephanie, survived their father. Stephanie died in 1873. + +In October, 1849, "Le Peuple" was replaced by a new journal, "La +Voix du Peuple," which Proudhon edited from his prison cell. In +it were published his discussions with Pierre Leroux and Bastiat. + +The political articles which he sent to "La Voix du Peuple" so +displeased the government finally, that it transferred him to +Doullens, where he was secretly confined for some time. +Afterwards taken back to Paris, to appear before the assizes of +the Seine in reference to an article in "La Voix du Peuple," he +was defended by M. Cremieux and acquitted. From the Conciergerie +he went again to Sainte-Pelagie, where he ended his three years +in prison on the 6th of June, 1852. + +"La Voix du Peuple," suppressed before the promulgation of the +law of the 31st of May, had been replaced by a weekly sheet, "Le +Peuple" of 1850. Established by the aid of the principal members +of the Mountain, this journal soon met with the fate of its +predecessors. + +In 1851, several months before the coup d'Etat, Proudhon +published the "General Idea of the Revolution of the Nineteenth +Century," in which, after having shown the logical series of +unitary governments,--from monarchy, which is the first term, to +the direct government of the people, which is the last,--he +opposes the ideal of an-archy or self-government to the +communistic or governmental ideal. + +At this period, the Socialist party, discouraged by the elections +of 1849, which resulted in a greater conservative triumph than +those of 1848, and justly angry with the national representative +body which had just passed the law of the 31st of May, +1850, demanded direct legislation and direct government. +Proudhon, who did not want, at any price, the plebiscitary system +which he had good reason to regard as destructive of liberty, did +not hesitate to point out, to those of his friends who expected +every thing from direct legislation, one of the antinomies of +universal suffrage. In so far as it is an institution intended +to achieve, for the benefit of the greatest number, the social +reforms to which landed suffrage is opposed, universal suffrage +is powerless; especially if it pretends to legislate or govern +directly. For, until the social reforms are accomplished, the +greatest number is of necessity the least enlightened, and +consequently the least capable of understanding and effecting +reforms. In regard to the antinomy, pointed out by him, of +liberty and government,-- whether the latter be monarchic, +aristocratic, or democratic in form,--Proudhon, whose chief +desire was to preserve liberty, naturally sought the solution in +the free contract. But though the free contract may be a +practical solution of purely economical questions, it cannot be +made use of in politics. Proudhon recognized this ten years +later, when his beautiful study on "War and Peace" led him to +find in the FEDERATIVE PRINCIPLE the exact equilibrium of +liberty and government. + +"The Social Revolution Demonstrated by the Coup d' Etat" appeared +in 1852, a few months after his release from prison. At that +time, terror prevailed to such an extent that no one was willing +to publish his book without express permission from the +government. He succeeded in obtaining this permission by writing +to Louis Bonaparte a letter which he published at the same time +with the work. The latter being offered for sale, Proudhon was +warned that he would not be allowed to publish any more +books of the same character. At that time he entertained the +idea of writing a universal history entitled "Chronos." This +project was never fulfilled. + +Already the father of two children, and about to be presented +with a third, Proudhon was obliged to devise some immediate means +of gaining a living; he resumed his labors, and published, at +first anonymously, the "Manual of a Speculator in the Stock- +Exchange." Later, in 1857, after having completed the work, he +did not hesitate to sign it, acknowledging in the preface his +indebtedness to his collaborator, G. Duchene. + +Meantime, he vainly sought permission to establish a journal, or +review. This permission was steadily refused him. The imperial +government always suspected him after the publication of the +"Social Revolution Demonstrated by the Coup d'Etat." + +Towards the end of 1853, Proudhon issued in Belgium a pamphlet +entitled "The Philosophy of Progress." Entirely inoffensive as +it was, this pamphlet, which he endeavored to send into France, +was seized on the frontier. Proudhon's complaints were of no +avail. + +The empire gave grants after grants to large companies. A +financial society, having asked for the grant of a railroad in +the east of France, employed Proudhon to write several memoirs in +support of this demand. The grant was given to another company. +The author was offered an indemnity as compensation, to be paid +(as was customary in such cases) by the company which received +the grant. It is needless to say that Proudhon would accept +nothing. Then, wishing to explain to the public, as well as to +the government, the end which he had in view, he published +the work entitled "Reforms to be Effected in the Management of +Railroads." + +Towards the end of 1854, Proudhon had already begun his book on +"Justice," when he had a violent attack of cholera, from which he +recovered with great difficulty. Ever afterwards his health was +delicate. + +At last, on the 22d of April, 1858, he published, in three large +volumes, the important work upon which he had labored since +1854. This work had two titles: the first, "Justice in the +Revolution and in the Church;" the second, "New Principles of +Practical Philosophy, addressed to His Highness Monseigneur +Mathieu, Cardinal-Archbishop of Besancon." On the 27th of April, +when there had scarcely been time to read the work, an order was +issued by the magistrate for its seizure; on the 28th the seizure +was effected. To this first act of the magistracy, the author of +the incriminated book replied on the 11th of May in a strongly- +motived petition, demanding a revision of the concordat of 1802; +or, in other words, a new adjustment of the relations between +Church and State. At bottom, this petition was but the logical +consequence of the work itself. An edition of a thousand copies +being published on the 17th of May, the "Petition to the Senate" +was regarded by the public prosecutor as an aggravation of the +offence or offences discovered in the body of the work to which +it was an appendix, and was seized in its turn on the 23d. On +the first of June, the author appealed to the Senate in a second +"Petition," which was deposited with the first in the office of +the Secretary of the Assembly, the guardian and guarantee, +according to the constitution of 1852, of the principles of '89. +On the 2d of June, the two processes being united, Proudhon +appeared at the bar with his publisher, the printer of the +book, and the printer of the petition, to receive the sentence of +the police magistrate, which condemned him to three years' +imprisonment, a fine of four thousand francs, and the suppression +of his work. It is needless to say that the publisher and +printers were also condemned by the sixth chamber. + +Proudhon lodged an appeal; he wrote a memoir which the law of +1819, in the absence of which he would have been liable to a new +prosecution, gave him the power to publish previous to the +hearing. Having decided to make use of the means which the law +permitted, he urged in vain the printers who were prosecuted with +him to lend him their aid. He then demanded of Attorney-General +Chaix d'Est Ange a statement to the effect that the twenty-third +article of the law of the 17th of May, 1819, allows a written +defence, and that a printer runs no risk in printing it. The +attorney-general flatly refused. Proudhon then started for +Belgium, where he printed his defence, which could not, of +course, cross the French frontier. This memoir is entitled to +rank with the best of Beaumarchais's; it is entitled: "Justice +prosecuted by the Church; An Appeal from the Sentence passed upon +P. J. Proudhon by the Police Magistrate of the Seine, on the 2d +of June, 1858." A very close discussion of the grounds of the +judgment of the sixth chamber, it was at the same time an +excellent resume of his great work. + +Once in Belgium, Proudhon did not fail to remain there. In 1859, +after the general amnesty which followed the Italian war, he at +first thought himself included in it. But the imperial +government, consulted by his friends, notified him that, in its +opinion, and in spite of the contrary advice of M. +Faustin Helie, his condemnation was not of a political +character. Proudhon, thus classed by the government with the +authors of immoral works, thought it beneath his dignity to +protest, and waited patiently for the advent of 1863 to allow him +to return to France. + +In Belgium, where he was not slow in forming new friendships, he +published in 1859-60, in separate parts, a new edition of his +great work on "Justice." Each number contained, in addition to +the original text carefully reviewed and corrected, numerous +explanatory notes and some "Tidings of the Revolution." In these +tidings, which form a sort of review of the progress of ideas in +Europe, Proudhon sorrowfully asserts that, after having for a +long time marched at the head of the progressive nations, France +has become, without appearing to suspect it, the most +retrogressive of nations; and he considers her more than once as +seriously threatened with moral death. + +The Italian war led him to write a new work, which he published +in 1861, entitled "War and Peace." This work, in which, running +counter to a multitude of ideas accepted until then without +examination, he pronounced for the first time against the +restoration of an aristocratic and priestly Poland, and against +the establishment of a unitary government in Italy, created for +him a multitude of enemies. Most of his friends, disconcerted by +his categorical affirmation of a right of force, notified him +that they decidedly disapproved of his new publication. "You +see," triumphantly cried those whom he had always combated, "this +man is only a sophist." + +Led by his previous studies to test every thing by the question +of right, Proudhon asks, in his "War and Peace," whether there is +a real right of which war is the vindication, and victory +the demonstration. This right, which he roughly calls the right +of the strongest or the right of force, and which is, after all, +only the right of the most worthy to the preference in certain +definite cases, exists, says Proudhon, independently of war. It +cannot be legitimately vindicated except where necessity clearly +demands the subordination of one will to another, and within the +limits in which it exists; that is, without ever involving the +enslavement of one by the other. Among nations, the right of the +majority, which is only a corollary of the right of force, is as +unacceptable as universal monarchy. Hence, until equilibrium is +established and recognized between States or national forces, +there must be war. War, says Proudhon, is not always necessary +to determine which side is the strongest; and he has no trouble +in proving this by examples drawn from the family, the workshop, +and elsewhere. Passing then to the study of war, he proves that +it by no means corresponds in practice to that which it ought to +be according to his theory of the right of force. The systematic +horrors of war naturally lead him to seek a cause for it other +than the vindication of this right; and then only does the +economist take it upon himself to denounce this cause to those +who, like himself, want peace. The necessity of finding abroad a +compensation for the misery resulting in every nation from the +absence of economical equilibrium, is, according to Proudhon, the +ever real, though ever concealed, cause of war. The pages +devoted to this demonstration and to his theory of poverty, which +he clearly distinguishes from misery and pauperism, shed entirely +new light upon the philosophy of history. As for the author's +conclusion, it is a very simple one. Since the treaty of +Westphalia, and especially since the treaties of 1815, +equilibrium has been the international law of Europe. It remains +now, not to destroy it, but, while maintaining it, to labor +peacefully, in every nation protected by it, for the equilibrium +of economical forces. The last line of the book, evidently +written to check imperial ambition, is: "Humanity wants no more +war." + +In 1861, after Garibaldi's expedition and the battle of +Castelfidardo, Proudhon immediately saw that the establishment of +Italian unity would be a severe blow to European equilibrium. It +was chiefly in order to maintain this equilibrium that he +pronounced so energetically in favor of Italian federation, even +though it should be at first only a federation of monarchs. In +vain was it objected that, in being established by France, +Italian unity would break European equilibrium in our favor. +Proudhon, appealing to history, showed that every State which +breaks the equilibrium in its own favor only causes the other +States to combine against it, and thereby diminishes its +influence and power. He added that, nations being essentially +selfish, Italy would not fail, when opportunity offered, to place +her interest above her gratitude. + +To maintain European equilibrium by diminishing great States and +multiplying small ones; to unite the latter in organized +federations, not for attack, but for defence; and with these +federations, which, if they were not republican already, would +quickly become so, to hold in check the great military +monarchies,--such, in the beginning of 1861, was the political +programme of Proudhon. + +The object of the federations, he said, will be to guarantee, as +far as possible, the beneficent reign of peace; and they will +have the further effect of securing in every nation the triumph +of liberty over despotism. Where the largest unitary State +is, there liberty is in the greatest danger; further, if this +State be democratic, despotism without the counterpoise of +majorities is to be feared. With the federation, it is not so. +The universal suffrage of the federal State is checked by the +universal suffrage of the federated States; and the latter is +offset in its turn by PROPERTY, the stronghold of liberty, +which it tends, not to destroy, but to balance with the +institutions of MUTUALISM. + +All these ideas, and many others which were only hinted at in his +work on "War and Peace," were developed by Proudhon in his +subsequent publications, one of which has for its motto, "Reforms +always, Utopias never." The thinker had evidently finished his +evolution. + +The Council of State of the canton of Vaud having offered prizes +for essays on the question of taxation, previously discussed at a +congress held at Lausanne, Proudhon entered the ranks and carried +off the first prize. His memoir was published in 1861 under the +title of "The Theory of Taxation." + +About the same time, he wrote at Brussels, in "L'Office de +Publicite," some remarkable articles on the question of literary +property, which was discussed at a congress held in Belgium, +These articles must not be confounded with "Literary Majorats," a +more complete work on the same subject, which was published in +1863, soon after his return to France. + +Arbitrarily excepted from the amnesty in 1859, Proudhon was +pardoned two years later by a special act. He did not wish to +take advantage of this favor, and seemed resolved to remain in +Belgium until the 2d of June, 1863, the time when he was to +acquire the privilege of prescription, when an absurd and +ridiculous riot, excited in Brussels by an article published by +him on federation and unity in Italy, induced him to hasten his +return to France. Stones were thrown against the house in which +he lived, in the Faubourg d'Ixelles. After having placed his +wife and daughters in safety among his friends at Brussels, he +arrived in Paris in September, 1862, and published there, +"Federation and Italian Unity," a pamphlet which naturally +commences with the article which served as a pretext for the +rioters in Brussels. + +Among the works begun by Proudhon while in Belgium, which death +did not allow him to finish, we ought to mention a "History of +Poland," which will be published later; and, "The Theory of +Property," which appeared in 1865, before "The Gospels +Annotated," and after the volume entitled "The Principle of Art +and its Social Destiny." + +The publications of Proudhon, in 1863, were: 1. "Literary +Majorats: An Examination of a Bill having for its object the +Creation of a Perpetual Monopoly for the Benefit of Authors, +Inventors, and Artists;" 2. "The Federative Principle and the +Necessity of Re-establishing the Revolutionary party;" 3. "The +Sworn Democrats and the Refractories;" 4. "Whether the Treaties +of 1815 have ceased to exist? Acts of the Future Congress." + +The disease which was destined to kill him grew worse and worse; +but Proudhon labored constantly! . . . A series of articles, +published in 1864 in "Le Messager de Paris," have been collected +in a pamphlet under the title of "New Observations on Italian +Unity." He hoped to publish during the same year his work on +"The Political Capacity of the Working Classes," but was unable +to write the last chapter. . . . He grew weaker +continually. His doctor prescribed rest. In the month of +August he went to Franche-Comte, where he spent a month. Having +returned to Paris, he resumed his labor with difficulty. . . . +From the month of December onwards, the heart disease made rapid +progress; the oppression became insupportable, his legs were +swollen, and he could not sleep. . . . + +On the 19th of January, 1865, he died, towards two o'clock in the +morning, in the arms of his wife, his sister-in-law, and the +friend who writes these lines. . . . + +The publication of his correspondence, to which his daughter +Catherine is faithfully devoted, will tend, no doubt, to increase +his reputation as a thinker, as a writer, and as an honest man. + J. A. LANGLOIS. + + +PREFACE. + +The following letter served as a preface to the first edition of +this memoir:-- + + +"To the Members of the Academy of Besancon + "PARIS, June 30, 1840. + + +"GENTLEMEN,--In the course of your debate of the 9th of May, +1833, in regard to the triennial pension established by Madame +Suard, you expressed the following wish:-- + +"`The Academy requests the titulary to present it annually, +during the first fortnight in July, with a succinct and logical +statement of the various studies which he has pursued during the +year which has just expired.' + +"I now propose, gentlemen, to discharge this duty. + +"When I solicited your votes, I boldly avowed my intention to +bend my efforts to the discovery of some means of AMELIORATING +THE PHYSICAL, MORAL, AND INTELLECTUAL CONDITION OF THE MERE +NUMEROUS AND POORER CLASSES. This idea, foreign as it may have +seemed to the object of my candidacy, you received favorably; +and, by the precious distinction with which it has been your +pleasure to honor me, you changed this formal offer into an +inviolable and sacred obligation. Thenceforth I understood with +how worthy and honorable a society I had to deal: my regard for +its enlightenment, my recognition of its benefits, my enthusiasm +for its glory, were unbounded. + +"Convinced at once that, in order to break loose from the beaten +paths of opinions and systems, it was necessary to proceed in my +study of man and society by scientific methods, and in a rigorous +manner, I devoted one year to philology and grammar; linguistics, +or the natural history of speech, being, of all the sciences, +that which was best suited to the character of my mind, seemed to +bear the closest relation to the researches which I was about to +commence. A treatise, written at this period upon one of the +most interesting questions of comparative grammar,[1] if it did +not reveal the astonishing success, at least bore witness to the +thoroughness, of my labors. + +[1] "An Inquiry into Grammatical Classifications." By P. J. +Proudhon. A treatise which received honorable mention from the +Academy of Inscriptions, May 4, 1839. Out of print. + + + + +"Since that time, metaphysics and moral science have been my only +studies; my perception of the fact that these sciences, though +badly defined as to their object and not confined to their +sphere, are, like the natural sciences, susceptible of +demonstration and certainty, has already rewarded my efforts. + +"But, gentlemen, of all the masters whom I have followed, to none +do I owe so much as to you. Your co-operation, your programmes, +your instructions, in agreement with my secret wishes and most +cherished hopes, have at no time failed to enlighten me and to +point out my road; this memoir on property is the child of your +thought. + +"In 1838, the Academy of Besancon proposed the following +question: TO WHAT CAUSES MUST WE ATTRIBUTE THE CONTINUALLY +INCREASING NUMBER OF SUICIDES, AND WHAT ARE THE PROPER MEANS FOR +ARRESTING THE EFFECTS OF THIS MORAL CONTAGION? + +"Thereby it asked, in less general terms, what was the cause of +the social evil, and what was its remedy? You admitted that +yourselves, gentlemen when your committee reported that the +competitors had enumerated with exactness the immediate and +particular causes of suicide, as well as the means of preventing +each of them; but that from this enumeration, chronicled with +more or less skill, no positive information had been gained, +either as to the primary cause of the evil, or as to its remedy. + +"In 1839, your programme, always original and varied in its +academical expression, became more exact. The investigations of +1838 had pointed out, as the causes or rather as the symptoms of +the social malady, the neglect of the principles of religion and +morality, the desire for wealth, the passion for enjoyment, and +political disturbances. All these data were embodied by you in a +single proposition: THE UTILITY OF THE CELEBRATION OF SUNDAY AS +REGARDS HYGIENE, MORALITY, AND SOCIAL AND POLITICAL RELATION_. + +"In a Christian tongue you asked, gentlemen, what was the true +system of society. A competitor[1] dared to maintain, and +believed that he had proved, that the institution of a day of +rest at weekly intervals is inseparably bound up with a political +system based on the equality of conditions; that without equality +this institution is an anomaly and an impossibility: that +equality alone can revive this ancient and mysterious keeping of +the seventh day. This argument did not meet with your +approbation, since, without denying the relation pointed out by +the competitor, you judged, and rightly gentlemen, that the +principle of equality of conditions not being demonstrated, the +ideas of the author were nothing more than hypotheses. + +[1] "The Utility of the Celebration of Sunday," &c. By P. J. +Proudhon. Besancon, 1839, 12mo; 2d edition, Paris, 1841, 18mo. + + + + +"Finally, gentlemen, this fundamental principle of equality you +presented for competition in the following terms: THE +ECONOMICAL AND MORAL CONSEQUENCES IN FRANCE UP TO THE PRESENT +TIME, AND THOSE WHICH SEEM LIKELY TO APPEAR IN FUTURE, OF THE LAW +CONCERNING THE EQUAL DIVISION OF HEREDITARY PROPERTY BETWEEN THE +CHILDREN. + +"Instead of confining one to common places without breadth or +significance, it seems to me that your question should be +developed as follows:-- + +"If the law has been able to render the right of heredity common +to all the children of one father, can it not render it equal for +all his grandchildren and great-grandchildren? + +"If the law no longer heeds the age of any member of the family, +can it not, by the right of heredity, cease to heed it in the +race, in the tribe, in the nation? + +"Can equality, by the right of succession, be preserved between +citizens, as well as between cousins and brothers? In a word, +can the principle of succession become a principle of equality? + +"To sum up all these ideas in one inclusive question: What is +the principle of heredity? What are the foundations of +inequality? What is property? + +"Such, gentlemen, is the object of the memoir that I offer you to +day. + +"If I have rightly grasped the object of your thought; if I +succeed in bringing to light a truth which is indisputable, but, +from causes which I am bold enough to claim to have explained, +has always been misunderstood; if by an infallible method of +investigation, I establish the dogma of equality of conditions; +if I determine the principle of civil law, the essence of +justice, and the form of society; if I annihilate property +forever,--to you, gentlemen, will redound all the glory, for it +is to your aid and your inspiration that I owe it. + +"My purpose in this work is the application of method to the +problems of philosophy; every other intention is foreign to and +even abusive of it. + +"I have spoken lightly of jurisprudence: I had the right; but I +should be unjust did I not distinguish between this pretended +science and the men who practise it. Devoted to studies both +laborious and severe, entitled in all respects to the esteem of +their fellow-citizens by their knowledge and eloquence our +legists deserve but one reproach, that of an excessive deference +to arbitrary laws. + +"I have been pitiless in my criticism of the economists: for them +I confess that, in general, I have no liking. The arrogance and +the emptiness of their writings, their impertinent pride and +their unwarranted blunders, have disgusted me. Whoever, knowing +them, pardons them, may read them. + +"I have severely blamed the learned Christian Church: it was my +duty. This blame results from the facts which I call attention +to: why has the Church decreed concerning things which it does +not understand? The Church has erred in dogma and in morals; +physics and mathematics testify against her. It may be wrong for +me to say it, but surely it is unfortunate for Christianity that +it is true. To restore religion, gentlemen, it is necessary to +condemn the Church. + +"Perhaps you will regret, gentlemen, that, in giving all my +attention to method and evidence, I have too much neglected form +and style: in vain should I have tried to do better. Literary +hope and faith I have none. The nineteenth century is, in my +eyes, a genesic era, in which new principles are elaborated, but +in which nothing that is written shall endure. That is the +reason, in my opinion, why, among so many men of talent, France +to-day counts not one great writer. In a society like ours, to +seek for literary glory seems to me an anachronism. Of what use +is it to invoke an ancient sibyl when a muse is on the eve of +birth? Pitiable actors in a tragedy nearing its end, that which +it behooves us to do is to precipitate the catastrophe. The most +deserving among us is he who plays best this part. Well, I no +longer aspire to this sad success! + +"Why should I not confess it, gentlemen? I have aspired to your +suffrages and sought the title of your pensioner, hating all +which exists and full of projects for its destruction; I shall +finish this investigation in a spirit of calm and philosophical +resignation. I have derived more peace from the knowledge of the +truth, than anger from the feeling of oppression; and the most +precious fruit that I could wish to gather from this memoir would +be the inspiration of my readers with that tranquillity of soul +which arises from the clear perception of evil and its cause, and +which is much more powerful than passion and enthusiasm. My +hatred of privilege and human authority was unbounded; perhaps at +times I have been guilty, in my indignation, of confounding +persons and things; at present I can only despise and complain; +to cease to hate I only needed to know. + +"It is for you now, gentlemen, whose mission and character are +the proclamation of the truth, it is for you to instruct the +people, and to tell them for what they ought to hope and what +they ought to fear. The people, incapable as yet of sound +judgment as to what is best for them, applaud indiscriminately +the most opposite ideas, provided that in them they get a taste +of flattery: to them the laws of thought are like the confines of +the possible; to-day they can no more distinguish between a +savant and a sophist, than formerly they could tell a physician +from a sorcerer. `Inconsiderately accepting, gathering together, +and accumulating everything that is new, regarding all reports as +true and indubitable, at the breath or ring of novelty they +assemble like bees at the sound of a basin.'[1] + +[1] Charron, on "Wisdom," Chapter xviii. + + + + +"May you, gentlemen, desire equality as I myself desire it; may +you, for the eternal happiness of our country, become its +propagators and its heralds; may I be the last of your +pensioners! Of all the wishes that I can frame, that, gentlemen, +is the most worthy of you and the most honorable for me. + +"I am, with the profoundest respect and the most earnest +gratitude, + "Your pensioner, + "P. J. PROUDHON." + + +Two months after the receipt of this letter, the Academy, in its +debate of August 24th, replied to the address of its pensioner by +a note, the text of which I give below:-- + + +"A member calls the attention of the Academy to a pamphlet, +published last June by the titulary of the Suard pension, +entitled, "What is property?" and dedicated by the author to the +Academy. He is of the opinion that the society owes it to +justice, to example, and to its own dignity, to publicly disavow +all responsibility for the anti-social doctrines contained in +this publication. In consequence he demands: + +"1. That the Academy disavow and condemn, in the most formal +manner, the work of the Suard pensioner, as having been published +without its assent, and as attributing to it opinions +diametrically opposed to the principles of each of its members; + + +"2. That the pensioner be charged, in case he should publish a +second edition of his book, to omit the dedication; + +"3. That this judgment of the Academy be placed upon the +records. + +"These three propositions, put to vote, are adopted." + + +After this ludicrous decree, which its authors thought to render +powerful by giving it the form of a contradiction, I can only beg +the reader not to measure the intelligence of my compatriots by +that of our Academy. + +While my patrons in the social and political sciences were +fulminating anathemas against my brochure, a man, who was a +stranger to Franche-Comte, who did not know me, who might even +have regarded himself as personally attacked by the too sharp +judgment which I had passed upon the economists, a publicist as +learned as he was modest, loved by the people whose sorrows he +felt, honored by the power which he sought to enlighten without +flattering or disgracing it, M. Blanqui--member of the Institute, +professor of political economy, defender of property--took up my +defence before his associates and before the ministry, and saved +me from the blows of a justice which is always blind, because it +is always ignorant. + +It seems to me that the reader will peruse with pleasure the +letter which M. Blanqui did me the honor to write to me upon the +publication of my second memoir, a letter as honorable to its +author as it is flattering to him to whom it is addressed. + + "PARIS, May 1, 1841. + +"MONSIEUR,--I hasten to thank you for forwarding to me your +second memoir upon property. I have read it with all the +interest that an acquaintance with the first would naturally +inspire. I am very glad that you have modified somewhat the +rudeness of form which gave to a work of such gravity the manner +and appearance of a pamphlet; for you quite frightened me, sir, +and your talent was needed to reassure me in regard to your +intentions. One does not expend so much real knowledge with the +purpose of inflaming his country. This proposition, now +coming into notice--PROPERTY IS ROBBERY!--was of a nature to +repel from your book even those serious minds who do not judge by +appearances, had you persisted in maintaining it in its rude +simplicity. But if you have softened the form, you are none the +less faithful to the ground-work of your doctrines; and although +you have done me the honor to give me a share in this perilous +teaching, I cannot accept a partnership which, as far as talent +goes, would surely be a credit to me, but which would compromise +me in all other respects. + +"I agree with you in one thing only; namely, that all kinds of +property get too frequently abused in this world. But I do not +reason from the abuse to the abolition,--an heroic remedy too +much like death, which cures all evils. I will go farther: I +will confess that, of all abuses, the most hateful to me are +those of property; but once more, there is a remedy for this evil +without violating it, all the more without destroying it. If the +present laws allow abuse, we can reconstruct them. Our civil +code is not the Koran; it is not wrong to examine it. Change, +then, the laws which govern the use of property, but be sparing +of anathemas; for, logically, where is the honest man whose hands +are entirely clean? Do you think that one can be a robber +without knowing it, without wishing it, without suspecting it? +Do you not admit that society in its present state, like every +man, has in its constitution all kinds of virtues and vices +inherited from our ancestors? Is property, then, in your eyes a +thing so simple and so abstract that you can re-knead and +equalize it, if I may so speak, in your metaphysical mill? One +who has said as many excellent and practical things as occur in +these two beautiful and paradoxical improvisations of yours +cannot be a pure and unwavering utopist. You are too well +acquainted with the economical and academical phraseology to play +with the hard words of revolutions. I believe, then, that you +have handled property as Rousseau, eighty years ago, handled +letters, with a magnificent and poetical display of wit and +knowledge. Such, at least, is my opinion. + +"That is what I said to the Institute at the time when I +presented my report upon your book. I knew that they wished to +proceed against you in the courts; you perhaps do not know by how +narrow a chance I succeeded in preventing them.[1] What chagrin +I should always have felt, if the king's counsel, that is to say, +the intellectual executioner, had followed in my very tracks to +attack your book and annoy your person! I actually passed two +terrible nights, and I succeeded in restraining the secular arm +only by showing that your book was an academical dissertation, +and not the manifesto of an incendiary. Your style is too lofty +ever to be of service to the madmen who in discussing the gravest +questions of our social order, use paving-stones as their +weapons. But see to it, sir, that ere long they do not come, in +spite of you, to seek for ammunition in this formidable arsenal, +and that your vigorous metaphysics falls not into the hands of +some sophist of the market-place, who might discuss the question +in the presence of a starving audience: we should have pillage +for conclusion and peroration. + +[1] M. Vivien, Minister of Justice, before commencing proceedings +against the "Memoir upon Property," asked the opinion of M. +Blanqui; and it was on the strength of the observations of this +honorable academician that he spared a book which had already +excited the indignation of the magistrates. M. Vivien is not the +only official to whom I have been indebted, since my first +publication, for assistance and protection; but such generosity +in the political arena is so rare that one may acknowledge it +graciously and freely. I have always thought, for my part, that +bad institutions made bad magistrates; just as the cowardice and +hypocrisy of certain bodies results solely from the +spirit which governs them. Why, for instance, in spite of the +virtues and talents for which they are so noted, are the +academies generally centres of intellectual repression, +stupidity, and base intrigue? That question ought to be proposed +by an academy: there would be no lack of competitors. + + + + +"I feel as deeply as you, sir, the abuses which you point out; +but I have so great an affection for order,--not that common and +strait-laced order with which the police are satisfied, but the +majestic and imposing order of human societies,--that I sometimes +find myself embarrassed in attacking certain abuses. I like to +rebuild with one hand when I am compelled to destroy with the +other. In pruning an old tree, we guard against destruction of +the buds and fruit. You know that as well as any one. You are a +wise and learned man; you have a thoughtful mind. The terms by +which you characterize the fanatics of our day are strong enough +to reassure the most suspicious imaginations as to your +intentions; but you conclude in favor of the abolition of +property! You wish to abolish the most powerful motor of the +human mind; you attack the paternal sentiment in its sweetest +illusions; with one word you arrest the formation of capital, and +we build henceforth upon the sand instead of on a rock. That I +cannot agree to; and for that reason I have criticised your book, +so full of beautiful pages, so brilliant with knowledge and +fervor! + +"I wish, sir, that my impaired health would permit me to examine +with you, page by page, the memoir which you have done me the +honor to address to me publicly and personally; I think I could +offer some important criticisms. For the moment, I must content +myself with thanking you for the kind words in which you have +seen fit to speak of me. We each possess the merit of sincerity; +I desire also the merit of prudence. You know how deep-seated is +the disease under which the working-people are suffering; I know +how many noble hearts beat under those rude garments, and I feel +an irresistible and fraternal sympathy with the thousands of +brave people who rise early in the morning to labor, to pay their +taxes, and to make our country strong. I try to serve and +enlighten them, whereas some endeavor to mislead them. You have +not written directly for them. You have issued two magnificent +manifestoes, the second more guarded than the first; issue a +third more guarded than the second, and you will take high rank +in science, whose first precept is calmness and impartiality. + +"Farewell, sir! No man's esteem for another can exceed mine for +you. + "BLANQUI." + + +I should certainly take some exceptions to this noble and +eloquent letter; but I confess that I am more inclined to realize +the prediction with which it terminates than to augment +needlessly the number of my antagonists. So much controversy +fatigues and wearies me. The intelligence expended in the +warfare of words is like that employed in battle: it is +intelligence wasted. M. Blanqui acknowledges that property is +abused in many harmful ways; I call PROPERTY the sum these +abuses exclusively. To each of us property seems a polygon whose +angles need knocking off; but, the operation performed, M. +Blanqui maintains that the figure will still be a polygon (an +hypothesis admitted in mathematics, although not proven), while I +consider that this figure will be a circle. Honest people can at +least understand one another. + +For the rest, I allow that, in the present state of the question, +the mind may legitimately hesitate before deciding in favor of +the abolition of property. To gain the victory for one's cause, +it does not suffice simply to overthrow a principle generally +recognized, which has the indisputable merit of systematically +recapitulating our political theories; it is also necessary to +establish the opposite principle, and to formulate the system +which must proceed from it. Still further, it is necessary to +show the method by which the new system will satisfy all the +moral and political needs which induced the establishment of the +first. On the following conditions, then, of subsequent +evidence, depends the correctness of my preceding arguments:-- + +The discovery of a system of absolute equality in which all +existing institutions, save property, or the sum of the abuses of +property, not only may find a place, but may themselves serve as +instruments of equality: individual liberty, the division of +power, the public ministry, the jury system, administrative and +judicial organization, the unity and completeness of instruction, +marriage, the family, heredity in direct and collateral +succession, the right of sale and exchange, the right to make a +will, and even birthright,--a system which, better than property, +guarantees the formation of capital and keeps up the courage of +all; which, from a superior point of view, explains, corrects, +and completes the theories of association hitherto proposed, from +Plato and Pythagoras to Babeuf, Saint Simon, and Fourier; a +system, finally, which, serving as a means of transition, is +immediately applicable. + +A work so vast requires, I am aware, the united efforts of twenty +Montesquieus; nevertheless, if it is not given to a single man to +finish, a single one can commence, the enterprise. The road that +he shall traverse will suffice to show the end and assure the +result. + + + +WHAT IS PROPERTY? +OR, +AN INQUIRY INTO THE PRINCIPLE OF RIGHT AND +OF GOVERNMENT. +---- +FIRST MEMOIR. +---- +_Adversus hostem aeterna auctertas esto._ + +Against the enemy, revendication is eternal. +LAW OF THE TWELVE TABLES. + +---- +CHAPTER I. +METHOD PURSUED IN THIS WORK.--THE IDEA OF A +REVOLUTION. + +If I were asked to answer the following question: WHAT IS +SLAVERY? and I should answer in one word, IT IS MURDER, my +meaning would be understood at once. No extended argument would +be required to show that the power to take from a man his +thought, his will, his personality, is a power of life and death; +and that to enslave a man is to kill him. Why, then, to this +other question: WHAT IS PROPERTY! may I not likewise answer, +IT IS ROBBERY, without the certainty of being misunderstood; +the second proposition being no other than a transformation of +the first? + +I undertake to discuss the vital principle of our government and +our institutions, property: I am in my right. I may be mistaken +in the conclusion which shall result from my investigations: I +am in my right. I think best to place the last thought of my +book first: still am I in my right. + +Such an author teaches that property is a civil right, born of +occupation and sanctioned by law; another maintains that it is a +natural right, originating in labor,--and both of these +doctrines, totally opposed as they may seem, are encouraged and +applauded. I contend that neither labor, nor occupation, nor +law, can create property; that it is an effect without a cause: +am I censurable? + +But murmurs arise! + +PROPERTY IS ROBBERY! That is the war-cry of '93! That is the +signal of revolutions! + +Reader, calm yourself: I am no agent of discord, no firebrand of +sedition. I anticipate history by a few days; I disclose a truth +whose development we may try in vain to arrest; I write the +preamble of our future constitution. This proposition which +seems to you blasphemous--PROPERTY IS ROBBERY--would, if our +prejudices allowed us to consider it, be recognized as the +lightning-rod to shield us from the coming thunderbolt; but too +many interests stand in the way! . . . Alas! philosophy will not +change the course of events: destiny will fulfill itself +regardless of prophecy. Besides, must not justice be done and +our education be finished? + +PROPERTY IS ROBBERY! . . . What a revolution in human ideas! +PROPRIETOR and ROBBER have been at all times expressions as +contradictory as the beings whom they designate are hostile; all +languages have perpetuated this opposition. On what authority, +then, do you venture to attack universal consent, and give the +lie to the human race? Who are you, that you should question the +judgment of the nations and the ages? + +Of what consequence to you, reader, is my obscure individuality? +I live, like you, in a century in which reason submits only to +fact and to evidence. My name, like yours, is TRUTH- +SEEKER.[1] My mission is written in these words of the law: +SPEAK WITHOUT HATRED AND WITHOUT FEAR; TELL THAT WHICH THOU +KNOWEST! The work of our race is to build the temple of +science, and this science includes man and Nature. Now, truth +reveals itself to all; to-day to Newton and Pascal, tomorrow to +the herdsman in the valley and the journeyman in the shop. Each +one contributes his stone to the edifice; and, his task +accomplished, disappears. Eternity precedes us, eternity follows +us: between two infinites, of what account is one poor mortal +that the century should inquire about him? + +[1] In Greek, {GREEK e ncg } examiner; a philosopher whose +business is to seek the truth. + + + + +Disregard then, reader, my title and my character, and attend +only to my arguments. It is in accordance with universal consent +that I undertake to correct universal error; from the OPINION +of the human race I appeal to its FAITH. Have the courage to +follow me; and, if your will is untrammelled, if your conscience +is free, if your mind can unite two propositions and deduce a +third therefrom, my ideas will inevitably become yours. In +beginning by giving you my last word, it was my purpose to warn +you, not to defy you; for I am certain that, if you read me, you +will be compelled to assent. The things of which I am to speak +are so simple and clear that you will be astonished at not having +perceived them before, and you will say: "I have neglected to +think." Others offer you the spectacle of genius wresting +Nature's secrets from her, and unfolding before you her sublime +messages; you will find here only a series of experiments upon +JUSTICE and RIGHT a sort of verification of the weights and +measures of your conscience. The operations shall be conducted +under your very eyes; and you shall weigh the result. + +Nevertheless, I build no system. I ask an end to privilege, the +abolition of slavery, equality of rights, and the reign of law. +Justice, nothing else; that is the alpha and omega of my +argument: to others I leave the business of governing the world. + +One day I asked myself: Why is there so much sorrow and misery +in society? Must man always be wretched? And not satisfied with +the explanations given by the reformers,--these attributing the +general distress to governmental cowardice and incapacity, those +to conspirators and emeutes, still others to ignorance and +general corruption,--and weary of the interminable quarrels of +the tribune and the press, I sought to fathom the matter myself. +I have consulted the masters of science; I have read a hundred +volumes of philosophy, law, political economy, and history: would +to God that I had lived in a century in which so much reading had +been useless! I have made every effort to obtain exact +information, comparing doctrines, replying to objections, +continually constructing equations and reductions from arguments, +and weighing thousands of syllogisms in the scales of the most +rigorous logic. In this laborious work, I have collected many +interesting facts which I shall share with my friends and the +public as soon as I have leisure. But I must say that I +recognized at once that we had never understood the meaning of +these words, so common and yet so sacred: JUSTICE, EQUITY, +LIBERTY; that concerning each of these principles our ideas have +been utterly obscure; and, in fact, that this ignorance was the +sole cause, both of the poverty that devours us, and of all the +calamities that have ever afflicted the human race. + +My mind was frightened by this strange result: I doubted my +reason. What! said I, that which eye has not seen, nor ear +heard, nor insight penetrated, you have discovered! Wretch, +mistake not the visions of your diseased brain for the truths of +science! Do you not know (great philosophers have said so) that +in points of practical morality universal error is a +contradiction? + +I resolved then to test my arguments; and in entering upon this +new labor I sought an answer to the following questions: Is it +possible that humanity can have been so long and so universally +mistaken in the application of moral principles? How and why +could it be mistaken? How can its error, being universal, be +capable of correction? + +These questions, on the solution of which depended the certainty +of my conclusions, offered no lengthy resistance to analysis. It +will be seen, in chapter V. of this work, that in morals, as in +all other branches of knowledge, the gravest errors are the +dogmas of science; that, even in works of justice, to be mistaken +is a privilege which ennobles man; and that whatever +philosophical merit may attach to me is infinitely small. To +name a thing is easy: the difficulty is to discern it before its +appearance. In giving expression to the last stage of an idea,-- +an idea which permeates all minds, which to-morrow will be +proclaimed by another if I fail to announce it to-day,--I can +claim no merit save that of priority of utterance. Do we +eulogize the man who first perceives the dawn? + +Yes: all men believe and repeat that equality of conditions is +identical with equality of rights; that PROPERTY and ROBBERY +are synonymous terms; that every social advantage accorded, or +rather usurped, in the name of superior talent or service, is +iniquity and extortion. All men in their hearts, I say, bear +witness to these truths; they need only to be made to understand +it. + +Before entering directly upon the question before me, I must +say a word of the road that I shall traverse. When Pascal +approached a geometrical problem, he invented a method of +solution; to solve a problem in philosophy a method is equally +necessary. Well, by how much do the problems of which philosophy +treats surpass in the gravity of their results those discussed by +geometry! How much more imperatively, then, do they demand for +their solution a profound and rigorous analysis! + +It is a fact placed for ever beyond doubt, say the modern +psychologists, that every perception received by the mind is +determined by certain general laws which govern the mind; is +moulded, so to speak, in certain types pre-existing in our +understanding, and which constitutes its original condition. +Hence, say they, if the mind has no innate IDEAS, it has at +least innate FORMS. Thus, for example, every phenomenon is of +necessity conceived by us as happening in TIME and SPACE,-- +that compels us to infer a CAUSE of its occurrence; every thing +which exists implies the ideas of SUBSTANCE, MODE, RELATION, +NUMBER, &C.; in a word, we form no idea which is not related to +some one of the general principles of reason, independent of +which nothing exists. + +These axioms of the understanding, add the psychologists, these +fundamental types, by which all our judgments and ideas are +inevitably shaped, and which our sensations serve only to +illuminate, are known in the schools as CATEGORIES. Their +primordial existence in the mind is to-day demonstrated; they +need only to be systematized and catalogued. Aristotle +recognized ten; Kant increased the number to fifteen; M. Cousin +has reduced it to three, to two, to one; and the indisputable +glory of this professor will be due to the fact that, if he has +not discovered the true theory of categories, he has, at least, +seen more clearly than any one else the vast importance of this +question,--the greatest and perhaps the only one with which +metaphysics has to deal. + +I confess that I disbelieve in the innateness, not only of +IDEAS, but also of FORMS or LAWS of our understanding; and +I hold the metaphysics of Reid and Kant to be still farther +removed from the truth than that of Aristotle. However, as I do +not wish to enter here into a discussion of the mind, a task +which would demand much labor and be of no interest to the +public, I shall admit the hypothesis that our most general and +most necessary ideas--such as time, space, substance, and cause-- +exist originally in the mind; or, at least, are derived +immediately from its constitution. + +But it is a psychological fact none the less true, and one to +which the philosophers have paid too little attention, that +habit, like a second nature, has the power of fixing in the mind +new categorical forms derived from the appearances which impress +us, and by them usually stripped of objective reality, but whose +influence over our judgments is no less predetermining than that +of the original categories. Hence we reason by the ETERNAL and +ABSOLUTE laws of our mind, and at the same time by the +secondary rules, ordinarily faulty, which are suggested to us by +imperfect observation. This is the most fecund source of false +prejudices, and the permanent and often invincible cause of a +multitude of errors. The bias resulting from these prejudices is +so strong that often, even when we are fighting against a +principle which our mind thinks false, which is repugnant to our +reason, and which our conscience disapproves, we defend it +without knowing it, we reason in accordance with it, and we obey +it while attacking it. Enclosed within a circle, our mind +revolves about itself, until a new observation, creating within +us new ideas, brings to view an external principle which delivers +us from the phantom by which our imagination is possessed. + +Thus, we know to-day that, by the laws of a universal magnetism +whose cause is still unknown, two bodies (no obstacle +intervening) tend to unite by an accelerated impelling force +which we call GRAVITATION. It is gravitation which causes +unsupported bodies to fall to the ground, which gives them +weight, and which fastens us to the earth on which we live. +Ignorance of this cause was the sole obstacle which prevented the +ancients from believing in the antipodes. "Can you not see," +said St. Augustine after Lactantius, "that, if there were men +under our feet, their heads would point downward, and that they +would fall into the sky?" The bishop of Hippo, who thought the +earth flat because it appeared so to the eye, supposed in +consequence that, if we should connect by straight lines the +zenith with the nadir in different places, these lines would be +parallel with each other; and in the direction of these lines he +traced every movement from above to below. Thence he naturally +concluded that the stars were rolling torches set in the vault of +the sky; that, if left to themselves, they would fall to the +earth in a shower of fire; that the earth was one vast plain, +forming the lower portion of the world, &c. If he had been asked +by what the world itself was sustained, he would have answered +that he did not know, but that to God nothing is impossible. +Such were the ideas of St. Augustine in regard to space and +movement, ideas fixed within him by a prejudice derived from an +appearance, and which had become with him a general and +categorical rule of judgment. Of the reason why bodies fall his +mind knew nothing; he could only say that a body falls because it +falls. + +With us the idea of a fall is more complex: to the general ideas +of space and movement which it implies, we add that of attraction +or direction towards a centre, which gives us the higher idea of +cause. But if physics has fully corrected our judgment in +this respect, we still make use of the prejudice of St. +Augustine; and when we say that a thing has FALLEN, we do not +mean simply and in general that there has been an effect of +gravitation, but specially and in particular that it is towards +the earth, and FROM ABOVE TO BELOW, that this movement has +taken place. Our mind is enlightened in vain; the imagination +prevails, and our language remains forever incorrigible. To +DESCEND FROM HEAVEN is as incorrect an expression as to MOUNT +TO HEAVEN; and yet this expression will live as long as men use +language. + +All these phrases--FROM ABOVE TO BELOW; TO DESCEND FROM HEAVEN; +TO FALL FROM THE CLOUDS, &C.--are henceforth harmless, because +we know how to rectify them in practice; but let us deign to +consider for a moment how much they have retarded the progress of +science. If, indeed, it be a matter of little importance to +statistics, mechanics, hydrodynamics, and ballistics, that the +true cause of the fall of bodies should be known, and that our +ideas of the general movements in space should be exact, it is +quite otherwise when we undertake to explain the system of the +universe, the cause of tides, the shape of the earth, and its +position in the heavens: to understand these things we must leave +the circle of appearances. In all ages there have been ingenious +mechanicians, excellent architects, skilful artillerymen: any +error, into which it was possible for them to fall in regard to +the rotundity of the earth and gravitation, in no wise retarded +the development of their art; the solidity of their buildings and +accuracy of their aim was not affected by it. But sooner or +later they were forced to grapple with phenomena, which the +supposed parallelism of all perpendiculars erected from the +earth's surface rendered inexplicable: then also commenced a +struggle between the prejudices, which for centuries had sufficed +in daily practice, and the unprecedented opinions which the +testimony of the eyes seemed to contradict. + +Thus, on the one hand, the falsest judgments, whether based on +isolated facts or only on appearances, always embrace some truths +whose sphere, whether large or small, affords room for a certain +number of inferences, beyond which we fall into absurdity. The +ideas of St. Augustine, for example, contained the following +truths: that bodies fall towards the earth, that they fall in a +straight line, that either the sun or the earth moves, that +either the sky or the earth turns, &c. These general facts +always have been true; our science has added nothing to them. +But, on the other hand, it being necessary to account for every +thing, we are obliged to seek for principles more and more +comprehensive: that is why we have had to abandon successively, +first the opinion that the world was flat, then the theory which +regards it as the stationary centre of the universe, &c. + +If we pass now from physical nature to the moral world, we still +find ourselves subject to the same deceptions of appearance, to +the same influences of spontaneity and habit. But the +distinguishing feature of this second division of our knowledge +is, on the one hand, the good or the evil which we derive from +our opinions; and, on the other, the obstinacy with which we +defend the prejudice which is tormenting and killing us. + +Whatever theory we embrace in regard to the shape of the earth +and the cause of its weight, the physics of the globe does not +suffer; and, as for us, our social economy can derive therefrom +neither profit nor damage. But it is in us and through us that +the laws of our moral nature work; now, these laws cannot be +executed without our deliberate aid, and, consequently, unless we +know them. If, then, our science of moral laws is false, it +is evident that, while desiring our own good, we are +accomplishing our own evil; if it is only incomplete, it may +suffice for a time for our social progress, but in the long run +it will lead us into a wrong road, and will finally precipitate +us into an abyss of calamities. + +Then it is that we need to exercise our highest judgments; and, +be it said to our glory, they are never found wanting: but then +also commences a furious struggle between old prejudices and new +ideas. Days of conflagration and anguish! We are told of the +time when, with the same beliefs, with the same institutions, all +the world seemed happy: why complain of these beliefs; why banish +these institutions? We are slow to admit that that happy age +served the precise purpose of developing the principle of evil +which lay dormant in society; we accuse men and gods, the powers +of earth and the forces of Nature. Instead of seeking the cause +of the evil in his mind and heart, man blames his masters, his +rivals, his neighbors, and himself; nations arm themselves, and +slay and exterminate each other, until equilibrium is restored by +the vast depopulation, and peace again arises from the ashes of +the combatants. So loath is humanity to touch the customs of its +ancestors, and to change the laws framed by the founders of +communities, and confirmed by the faithful observance of the +ages. + +_Nihil motum ex antiquo probabile est_: Distrust all +innovations, wrote Titus Livius. Undoubtedly it would be better +were man not compelled to change: but what! because he is born +ignorant, because he exists only on condition of gradual self- +instruction, must he abjure the light, abdicate his reason, and +abandon himself to fortune? Perfect health is better than +convalescence: should the sick man, therefore, refuse to be +cured? Reform, reform! cried, ages since, John the Baptist +and Jesus Christ. Reform, reform! cried our fathers, fifty years +ago; and for a long time to come we shall shout, Reform, reform! + +Seeing the misery of my age, I said to myself: Among the +principles that support society, there is one which it does not +understand, which its ignorance has vitiated, and which causes +all the evil that exists. This principle is the most ancient of +all; for it is a characteristic of revolutions to tear down the +most modern principles, and to respect those of long-standing. +Now the evil by which we suffer is anterior to all revolutions. +This principle, impaired by our ignorance, is honored and +cherished; for if it were not cherished it would harm nobody, it +would be without influence. + +But this principle, right in its purpose, but misunderstood: this +principle, as old as humanity, what is it? Can it be religion? + +All men believe in God: this dogma belongs at once to their +conscience and their mind. To humanity God is a fact as +primitive, an idea as inevitable, a principle as necessary as are +the categorical ideas of cause, substance, time, and space to our +understanding. God is proven to us by the conscience prior to +any inference of the mind; just as the sun is proven to us by the +testimony of the senses prior to all the arguments of physics. +We discover phenomena and laws by observation and experience; +only this deeper sense reveals to us existence. Humanity +believes that God is; but, in believing in God, what does it +believe? In a word, what is God? + +The nature of this notion of Divinity,--this primitive, universal +notion, born in the race,--the human mind has not yet fathomed. +At each step that we take in our investigation of Nature and of +causes, the idea of God is extended and exalted; the farther +science advances, the more God seems to grow and broaden. +Anthropomorphism and idolatry constituted of necessity the faith +of the mind in its youth, the theology of infancy and poesy. A +harmless error, if they had not endeavored to make it a rule of +conduct, and if they had been wise enough to respect the liberty +of thought. But having made God in his own image, man wished to +appropriate him still farther; not satisfied with disfiguring the +Almighty, he treated him as his patrimony, his goods, his +possessions. God, pictured in monstrous forms, became throughout +the world the property of man and of the State. Such was the +origin of the corruption of morals by religion, and the source of +pious feuds and holy wars. Thank Heaven! we have learned to +allow every one his own beliefs; we seek for moral laws outside +the pale of religion. Instead of legislating as to the nature +and attributes of God, the dogmas of theology, and the destiny of +our souls, we wisely wait for science to tell us what to reject +and what to accept. God, soul, religion,--eternal objects of our +unwearied thought and our most fatal aberrations, terrible +problems whose solution, for ever attempted, for ever remains +unaccomplished,--concerning all these questions we may still be +mistaken, but at least our error is harmless. With liberty in +religion, and the separation of the spiritual from the temporal +power, the influence of religious ideas upon the progress of +society is purely negative; no law, no political or civil +institution being founded on religion. Neglect of duties imposed +by religion may increase the general corruption, but it is not +the primary cause; it is only an auxiliary or result. It is +universally admitted, and especially in the matter which now +engages our attention, that the cause of the inequality of +conditions among men--of pauperism, of universal misery, and of +governmental embarrassments--can no longer be traced to +religion: we must go farther back, and dig still deeper. + +But what is there in man older and deeper than the religious +sentiment? + +There is man himself; that is, volition and conscience, free-will +and law, eternally antagonistic. Man is at war with himself: +why? + +"Man," say the theologians, "transgressed in the beginning; our +race is guilty of an ancient offence. For this transgression +humanity has fallen; error and ignorance have become its +sustenance. Read history, you will find universal proof of this +necessity for evil in the permanent misery of nations. Man +suffers and always will suffer; his disease is hereditary and +constitutional. Use palliatives, employ emollients; there is no +remedy." + +Nor is this argument peculiar to the theologians; we find it +expressed in equivalent language in the philosophical writings of +the materialists, believers in infinite perfectibility. Destutt +de Tracy teaches formally that poverty, crime, and war are the +inevitable conditions of our social state; necessary evils, +against which it would be folly to revolt. So, call it +NECESSITY OF EVIL or ORIGINAL DEPRAVITY, it is at bottom the +same philosophy. + +"The first man transgressed." If the votaries of the Bible +interpreted it faithfully, they would say: MAN ORIGINALLY +TRANSGRESSED, that is, made a mistake; for TO TRANSGRESS, TO +FAIL, TO MAKE A MISTAKE, all mean the same thing. + +"The consequences of Adam's transgression are inherited by the +race; the first is ignorance." Truly, the race, like the +individual, is born ignorant; but, in regard to a multitude of +questions, even in the moral and political spheres, this +ignorance of the race has been dispelled: who says that it will +not depart altogether? Mankind makes continual progress +toward truth, and light ever triumphs over darkness. Our disease +is not, then, absolutely incurable, and the theory of the +theologians is worse than inadequate; it is ridiculous, since it +is reducible to this tautology: "Man errs, because he errs." +While the true statement is this: "Man errs, because he learns." + +Now, if man arrives at a knowledge of all that he needs to know, +it is reasonable to believe that, ceasing to err, he will cease +to suffer. + +But if we question the doctors as to this law, said to be +engraved upon the heart of man, we shall immediately see that +they dispute about a matter of which they know nothing; that, +concerning the most important questions, there are almost as many +opinions as authors; that we find no two agreeing as to the best +form of government, the principle of authority, and the nature of +right; that all sail hap-hazard upon a shoreless and bottomless +sea, abandoned to the guidance of their private opinions which +they modestly take to be right reason. And, in view of this +medley of contradictory opinions, we say: "The object of our +investigations is the law, the determination of the social +principle. Now, the politicians, that is, the social scientists, +do not understand each other; then the error lies in themselves; +and, as every error has a reality for its object, we must look in +their books to find the truth which they have unconsciously +deposited there." + +Now, of what do the lawyers and the publicists treat? Of +jUSTICE, EQUITY, LIBERTY, NATURAL LAW, CIVIL LAWS, &c. But +what is justice? What is its principle, its character, its +formula? To this question our doctors evidently have no reply; +for otherwise their science, starting with a principle clear and +well defined, would quit the region of probabilities, and all +disputes would end. + +What is justice? The theologians answer: "All justice comes +from God." That is true; but we know no more than before. + +The philosophers ought to be better informed: they have argued so +much about justice and injustice! Unhappily, an examination +proves that their knowledge amounts to nothing, and that with +them--as with the savages whose every prayer to the sun is simply +_O! O!_--it is a cry of admiration, love, and enthusiasm; but +who does not know that the sun attaches little meaning to the +interjection O! That is exactly our position toward the +philosophers in regard to justice. Justice, they say, is a +DAUGHTER OF HEAVEN; A LIGHT WHICH ILLUMINES EVERY MAN THAT COMES +INTO THE WORLD; THE MOST BEAUTIFUL PREROGATIVE OF OUR NATURE; +THAT WHICH DISTINGUISHES US FROM THE BEASTS AND LIKENS US TO +GOD--and a thousand other similar things. What, I ask, does +this pious litany amount to? To the prayer of the savages: O! + +All the most reasonable teachings of human wisdom concerning +justice are summed up in that famous adage: DO UNTO OTHERS THAT +WHICH YOU WOULD THAT OTHERS SHOULD DO UNTO YOU; DO NOT UNTO +OTHERS THAT WHICH YOU WOULD NOT THAT OTHERS SHOULD DO UNTO YOU. +But this rule of moral practice is unscientific: what have I a +right to wish that others should do or not do to me? It is of no +use to tell me that my duty is equal to my right, unless I am +told at the same time what my right is. + +Let us try to arrive at something more precise and positive. + +Justice is the central star which governs societies, the pole +around which the political world revolves, the principle and the +regulator of all transactions. Nothing takes place between men +save in the name of RIGHT; nothing without the invocation of +justice. Justice is not the work of the law: on the +contrary, the law is only a declaration and application of +JUSTICE in all circumstances where men are liable to come in +contact. If, then, the idea that we form of justice and right +were ill-defined, if it were imperfect or even false, it is clear +that all our legislative applications would be wrong, our +institutions vicious, our politics erroneous: consequently there +would be disorder and social chaos. + +This hypothesis of the perversion of justice in our minds, and, +as a necessary result, in our acts, becomes a demonstrated fact +when it is shown that the opinions of men have not borne a +constant relation to the notion of justice and its applications; +that at different periods they have undergone modifications: in a +word, that there has been progress in ideas. Now, that is what +history proves by the most overwhelming testimony. + +Eighteen Hundred years ago, the world, under the rule of the +Caesars, exhausted itself in slavery, superstition, and +voluptuousness. The people--intoxicated and, as it were, +stupefied by their long-continued orgies--had lost the very +notion of right and duty: war and dissipation by turns swept them +away; usury and the labor of machines (that is of slaves), by +depriving them of the means of subsistence, hindered them from +continuing the species. Barbarism sprang up again, in a hideous +form, from this mass of corruption, and spread like a devouring +leprosy over the depopulated provinces. The wise foresaw the +downfall of the empire, but could devise no remedy. What could +they think indeed? To save this old society it would have been +necessary to change the objects of public esteem and veneration, +and to abolish the rights affirmed by a justice purely secular; +they said: "Rome has conquered through her politics and her +gods; any change in theology and public opinion would be folly +and sacrilege. Rome, merciful toward conquered nations, +though binding them in chains, spared their lives; slaves are the +most fertile source of her wealth; freedom of the nations would +be the negation of her rights and the ruin of her finances. +Rome, in fact, enveloped in the pleasures and gorged with the +spoils of the universe, is kept alive by victory and government; +her luxury and her pleasures are the price of her conquests: she +can neither abdicate nor dispossess herself." Thus Rome had the +facts and the law on her side. Her pretensions were justified by +universal custom and the law of nations. Her institutions were +based upon idolatry in religion, slavery in the State, and +epicurism in private life; to touch those was to shake society to +its foundations, and, to use our modern expression, to open the +abyss of revolutions. So the idea occurred to no one; and yet +humanity was dying in blood and luxury. + +All at once a man appeared, calling himself The Word of God. +It is not known to this day who he was, whence he came, nor what +suggested to him his ideas. He went about proclaiming everywhere +that the end of the existing society was at hand, that the world +was about to experience a new birth; that the priests were +vipers, the lawyers ignoramuses, and the philosophers hypocrites +and liars; that master and slave were equals, that usury and +every thing akin to it was robbery, that proprietors and idlers +would one day burn, while the poor and pure in heart would find a +haven of peace. + +This man--The Word of God--was denounced and arrested as a +public enemy by the priests and the lawyers, who well understood +how to induce the people to demand his death. But this judicial +murder, though it put the finishing stroke to their crimes, did +not destroy the doctrinal seeds which The Word of God had +sown. After his death, his original disciples travelled about in +all directions, preaching what they called the GOOD NEWS, +creating in their turn millions of missionaries; and, when their +task seemed to be accomplished, dying by the sword of Roman +justice. This persistent agitation, the war of the executioners +and martyrs, lasted nearly three centuries, ending in the +conversion of the world. Idolatry was destroyed, slavery +abolished, dissolution made room for a more austere morality, and +the contempt for wealth was sometimes pushed almost to privation. + +Society was saved by the negation of its own principles, by a +revolution in its religion, and by violation of its most sacred +rights. In this revolution, the idea of justice spread to an +extent that had not before been dreamed of, never to return to +its original limits. Heretofore justice had existed only for the +masters;[1] it then commenced to exist for the slaves. + +[1] Religion, laws, marriage, were the privileges of freemen, +and, in the beginning, of nobles only. Dii majorum gentium-- +gods of the patrician families; jus gentium--right of nations; +that is, of families or nobles. The slave and the plebeian had +no families; their children were treated as the offspring of +animals. BEASTS they were born, BEASTS they must live. + + + + +Nevertheless, the new religion at that time had borne by no means +all its fruits. There was a perceptible improvement of the +public morals, and a partial release from oppression; but, other +than that, the SEEDS SOWN BY THE SON OF MAN, having fallen into +idolatrous hearts, had produced nothing save innumerable discords +and a quasi-poetical mythology. Instead of developing into their +practical consequences the principles of morality and government +taught by The Word of God, his followers busied themselves in +speculations as to his birth, his origin, his person, and his +actions; they discussed his parables, and from the conflict of +the most extravagant opinions upon unanswerable questions and +texts which no one understood, was born THEOLOGY,--which may be +defined as the SCIENCE OF THE INFINITELY ABSURD. + +The truth of CHRISTIANITY did not survive the age of the +apostles; the GOSPEL, commented upon and symbolized by the +Greeks and Latins, loaded with pagan fables, became literally a +mass of contradictions; and to this day the reign of the +INFALLIBLE CHURCH has been a long era of darkness. It is said +that the GATES OF HELL will not always prevail, that THE WORD +OF GOD will return, and that one day men will know truth and +justice; but that will be the death of Greek and Roman +Catholicism, just as in the light of science disappeared the +caprices of opinion. + +The monsters which the successors of the apostles were bent on +destroying, frightened for a moment, reappeared gradually, thanks +to the crazy fanaticism, and sometimes the deliberate connivance, +of priests and theologians. The history of the enfranchisement +of the French communes offers constantly the spectacle of the +ideas of justice and liberty spreading among the people, in spite +of the combined efforts of kings, nobles, and clergy. In the +year 1789 of the Christian era, the French nation, divided by +caste, poor and oppressed, struggled in the triple net of royal +absolutism, the tyranny of nobles and parliaments, and priestly +intolerance. There was the right of the king and the right of +the priest, the right of the patrician and the right of the +plebeian; there were the privileges of birth, province, communes, +corporations, and trades; and, at the bottom of all, violence, +immorality, and misery. For some time they talked of +reformation; those who apparently desired it most favoring it +only for their own profit, and the people who were to be the +gainers expecting little and saying nothing. For a long time +these poor people, either from distrust, incredulity, or +despair, hesitated to ask for their rights: it is said that the +habit of serving had taken the courage away from those old +communes, which in the middle ages were so bold. + +Finally a book appeared, summing up the whole matter in these two +propositions: WHAT IS THE THIRD ESTATE?--NOTHING. WHAT OUGHT +IT TO BE?--EVERY THING. Some one added by way of comment: +WHAT IS THE KING?--THE SERVANT OF THE PEOPLE. + +This was a sudden revelation: the veil was torn aside, a thick +bandage fell from all eyes. The people commenced to reason +thus:-- + +If the king is our servant, he ought to report to us; + +If he ought to report to us, he is subject to control; + +If he can be controlled, he is responsible; + +If he is responsible, he is punishable; + +If he is punishable, he ought to be punished according to his +merits; + +If he ought to be punished according to his merits, he can be +punished with death. + +Five years after the publication of the brochure of Sieyes, the +third estate was every thing; the king, the nobility, the clergy, +were no more. In 1793, the nation, without stopping at the +constitutional fiction of the inviolability of the sovereign, +conducted Louis XVI. to the scaffold; in 1830, it accompanied +Charles X. to Cherbourg. In each case, it may have erred, in +fact, in its judgment of the offence; but, in right, the logic +which led to its action was irreproachable. The people, in +punishing their sovereign, did precisely that which the +government of July was so severely censured for failing to do +when it refused to execute Louis Bonaparte after the affair of +Strasburg: they struck the true culprit. It was an +application of the common law, a solemn decree of justice +enforcing the penal laws.[1] + +[1] If the chief of the executive power is responsible, so must +the deputies be also. It is astonishing that this idea has never +occurred to any one; it might be made the subject of an +interesting essay. But I declare that I would not, for all the +world, maintain it; the people are yet much too logical for me to +furnish them with arguments. + + + + +The spirit which gave rise to the movement of '89 was a spirit of +negation; that, of itself, proves that the order of things which +was substituted for the old system was not methodical or well- +considered; that, born of anger and hatred, it could not have the +effect of a science based on observation and study; that its +foundations, in a word, were not derived from a profound +knowledge of the laws of Nature and society. Thus the people +found that the republic, among the so-called new institutions, +was acting on the very principles against which they had fought, +and was swayed by all the prejudices which they had intended to +destroy. We congratulate ourselves, with inconsiderate +enthusiasm, on the glorious French Revolution, the regeneration +of 1789, the great changes that have been effected, and the +reversion of institutions: a delusion, a delusion! + +When our ideas on any subject, material, intellectual, or social, +undergo a thorough change in consequence of new observations, I +call that movement of the mind REVOLUTION. If the ideas are +simply extended or modified, there is only PROGRESS. Thus the +system of Ptolemy was a step in astronomical progress, that of +Copernicus was a revolution. So, in 1789, there was struggle and +progress; revolution there was none. An examination of the +reforms which were attempted proves this. + +The nation, so long a victim of monarchical selfishness, +thought to deliver itself for ever by declaring that it alone +was sovereign. But what was monarchy? The sovereignty of one +man. What is democracy? The sovereignty of the nation, or, +rather, of the national majority. But it is, in both cases, the +sovereignty of man instead of the sovereignty of the law, the +sovereignty of the will instead of the sovereignty of the reason; +in one word, the passions instead of justice. Undoubtedly, when +a nation passes from the monarchical to the democratic state, +there is progress, because in multiplying the sovereigns we +increase the opportunities of the reason to substitute itself for +the will; but in reality there is no revolution in the +government, since the principle remains the same. Now, we have +the proof to-day that, with the most perfect democracy, we cannot +be free.[1] + +[1] See De Tocqueville, "Democracy in the United States;" and +Michel Chevalier, "Letters on North America." Plutarch tells us, +"Life of Pericles," that in Athens honest people were obliged to +conceal themselves while studying, fearing they would be regarded +as aspirants for office. + + + + +Nor is that all. The nation-king cannot exercise its sovereignty +itself; it is obliged to delegate it to agents: this is +constantly reiterated by those who seek to win its favor. Be +these agents five, ten, one hundred, or a thousand, of what +consequence is the number; and what matters the name? It is +always the government of man, the rule of will and caprice. I +ask what this pretended revolution has revolutionized? + +We know, too, how this sovereignty was exercised; first by the +Convention, then by the Directory, afterwards confiscated by the +Consul. As for the Emperor, the strong man so much adored and +mourned by the nation, he never wanted to be dependent on it; +but, as if intending to set its sovereignty at defiance, he dared +to demand its suffrage: that is, its abdication, the abdication +of this inalienable sovereignty; and he obtained it. + +But what is sovereignty? It is, they say, the POWER TO MAKE +LAW.[1] Another absurdity, a relic of despotism. The nation +had long seen kings issuing their commands in this form: FOR +SUCH IS OUR PLEASURE; it wished to taste in its turn the +pleasure of making laws. For fifty years it has brought them +forth by myriads; always, be it understood, through the agency of +representatives. The play is far from ended. + +[1] "Sovereignty," according to Toullier, "is human omnipotence." +A materialistic definition: if sovereignty is any thing, it is a +RIGHT not a FORCE or a faculty. And what is human +omnipotence? + + + + +The definition of sovereignty was derived from the definition of +the law. The law, they said, is THE EXPRESSION OF THE WILL OF +THE SOVEREIGN: then, under a monarchy, the law is the expression +of the will of the king; in a republic, the law is the expression +of the will of the people. Aside from the difference in the +number of wills, the two systems are exactly identical: both +share the same error, namely, that the law is the expression of a +will; it ought to be the expression of a fact. Moreover they +followed good leaders: they took the citizen of Geneva for their +prophet, and the contrat social for their Koran. + +Bias and prejudice are apparent in all the phrases of the new +legislators. The nation had suffered from a multitude of +exclusions and privileges; its representatives issued the +following declaration: ALL MEN ARE EQUAL BY NATURE AND BEFORE +THE LAW; an ambiguous and redundant declaration. MEN ARE EQUAL +BY NATURE: does that mean that they are equal in size, beauty, +talents, and virtue? No; they meant, then, political and civil +equality. Then it would have been sufficient to have said: ALL +MEN ARE EQUAL BEFORE THE LAW. + +But what is equality before the law? Neither the constitution of +1790, nor that of '93, nor the granted charter, nor the accepted +charter, have defined it accurately. All imply an inequality in +fortune and station incompatible with even a shadow of equality +in rights. In this respect it may be said that all our +constitutions have been faithful expressions of the popular will: +I am going, to prove it. + +Formerly the people were excluded from civil and military +offices; it was considered a wonder when the following high- +sounding article was inserted in the Declaration of Rights: "All +citizens are equally eligible to office; free nations know no +qualifications in their choice of officers save virtues and +talents." + +They certainly ought to have admired so beautiful an idea: they +admired a piece of nonsense. Why! the sovereign people, +legislators, and reformers, see in public offices, to speak +plainly, only opportunities for pecuniary advancement. And, +because it regards them as a source of profit, it decrees the +eligibility of citizens. For of what use would this precaution +be, if there were nothing to gain by it? No one would think of +ordaining that none but astronomers and geographers should be +pilots, nor of prohibiting stutterers from acting at the theatre +and the opera. The nation was still aping the kings: like them +it wished to award the lucrative positions to its friends and +flatterers. Unfortunately, and this last feature completes the +resemblance, the nation did not control the list of livings; that +was in the hands of its agents and representatives. They, on the +other hand, took care not to thwart the will of their gracious +sovereign. + +This edifying article of the Declaration of Rights, retained in +the charters of 1814 and 1830, implies several kinds of civil +inequality; that is, of inequality before the law: inequality +ofstation, since the public functions are sought only for the +consideration and emoluments which they bring; inequality of +wealth, since, if it had been desired to equalize fortunes, +public service would have been regarded as a duty, not as a +reward; inequality of privilege, the law not stating what it +means by TALENTS and VIRTUES. Under the empire, virtue and +talent consisted simply in military bravery and devotion to the +emperor; that was shown when Napoleon created his nobility, and +attempted to connect it with the ancients. To-day, the man who +pays taxes to the amount of two hundred francs is virtuous; the +talented man is the honest pickpocket: such truths as these are +accounted trivial. + +The people finally legalized property. God forgive them, for +they knew not what they did! For fifty years they have suffered +for their miserable folly. But how came the people, whose voice, +they tell us, is the voice of God, and whose conscience is +infallible,--how came the people to err? How happens it that, +when seeking liberty and equality, they fell back into privilege +and slavery? Always through copying the ancient regime. + +Formerly, the nobility and the clergy contributed towards the +expenses of the State only by voluntary aid and gratuitous gift; +their property could not be seized even for debt,--while the +plebeian, overwhelmed by taxes and statute-labor, was continually +tormented, now by the king's tax-gatherers, now by those of the +nobles and clergy. He whose possessions were subject to mortmain +could neither bequeath nor inherit property; he was treated like +the animals, whose services and offspring belong to their master +by right of accession. The people wanted the conditions of +OWNERSHIP to be alike for all; they thought that every one +should ENJOY AND FREELY DISPOSE OF HIS POSSESSIONS HIS INCOME +AND THE FRUIT OF HIS LABOR AND INDUSTRY. The people did +not invent property; but as they had not the same privileges in +regard to it, which the nobles and clergy possessed, they decreed +that the right should be exercised by all under the same +conditions. The more obnoxious forms of property--statute-labor, +mortmain, maitrise, and exclusion from public office--have +disappeared; the conditions of its enjoyment have been modified: +the principle still remains the same. There has been progress in +the regulation of the right; there has been no revolution. + +These, then, are the three fundamental principles of modern +society, established one after another by the movements of 1789 +and 1830: 1. SOVEREIGNTY OF THE HUMAN WILL; in short, +DESPOTISM. 2. INEQUALITY OF WEALTH AND RANK. 3. +PROPERTY --above JUSTICE, always invoked as the guardian angel +of sovereigns, nobles, and proprietors; JUSTICE, the general, +primitive, categorical law of all society. + +We must ascertain whether the ideas of DESPOTISM, CIVIL +INEQUALITY and PROPERTY, are in harmony with the primitive +notion of JUSTICE, and necessarily follow from it,--assuming +various forms according to the condition, position, and relation +of persons; or whether they are not rather the illegitimate +result of a confusion of different things, a fatal association of +ideas. And since justice deals especially with the questions of +government, the condition of persons, and the possession of +things, we must ascertain under what conditions, judging by +universal opinion and the progress of the human mind, government +is just, the condition of citizens is just, and the possession of +things is just; then, striking out every thing which fails to +meet these conditions, the result will at once tell us what +legitimate government is, what the legitimate condition of +citizens is, and what the legitimate possession of things is; and +finally, as the last result of the analysis, what JUSTICE is. + +Is the authority of man over man just? + +Everybody answers, "No; the authority of man is only the +authority of the law, which ought to be justice and truth." The +private will counts for nothing in government, which consists, +first, in discovering truth and justice in order to make the law; +and, second, in superintending the execution of this law. I do +not now inquire whether our constitutional form of government +satisfies these conditions; whether, for example, the will of the +ministry never influences the declaration and interpretation of +the law; or whether our deputies, in their debates, are more +intent on conquering by argument than by force of numbers: it is +enough for me that my definition of a good government is allowed +to be correct. This idea is exact. Yet we see that nothing +seems more just to the Oriental nations than the despotism of +their sovereigns; that, with the ancients and in the opinion of +the philosophers themselves, slavery was just; that in the middle +ages the nobles, the priests, and the bishops felt justified in +holding slaves; that Louis XIV. thought that he was right when he +said, "The State! I am the State;" and that Napoleon deemed it a +crime for the State to oppose his will. The idea of justice, +then, applied to sovereignty and government, has not always been +what it is to-day; it has gone on developing and shaping itself +by degrees, until it has arrived at its present state. But has +it reached its last phase? I think not: only, as the last +obstacle to be overcome arises from the institution of property +which we have kept intact, in order to finish the reform in +government and consummate the revolution, this very institution +we must attack. + +Is political and civil inequality just? + +Some say yes; others no. To the first I would reply that, when +the people abolished all privileges of birth and caste, they +did it, in all probability, because it was for their advantage; +why then do they favor the privileges of fortune more than those +of rank and race? Because, say they, political inequality is a +result of property; and without property society is impossible: +thus the question just raised becomes a question of property. To +the second I content myself with this remark: If you wish to +enjoy political equality, abolish property; otherwise, why do you +complain? + +Is property just? + +Everybody answers without hesitation, "Yes, property is just." I +say everybody, for up to the present time no one who thoroughly +understood the meaning of his words has answered no. For it is +no easy thing to reply understandingly to such a question; only +time and experience can furnish an answer. Now, this answer is +given; it is for us to understand it. I undertake to prove it. + +We are to proceed with the demonstration in the following +order:-- + +I. We dispute not at all, we refute nobody, we deny nothing; we +accept as sound all the arguments alleged in favor of property, +and confine ourselves to a search for its principle, in order +that we may then ascertain whether this principle is faithfully +expressed by property. In fact, property being defensible on no +ground save that of justice, the idea, or at least the intention, +of justice must of necessity underlie all the arguments that have +been made in defence of property; and, as on the other hand the +right of property is only exercised over those things which can +be appreciated by the senses, justice, secretly objectifying +itself, so to speak, must take the shape of an algebraic formula. + +By this method of investigation, we soon see that every argument +which has been invented in behalf of property, WHATEVER IT MAY +BE, always and of necessity leads to equality; that is, to +the negation of property. + +The first part covers two chapters: one treating of occupation, +the foundation of our right; the other, of labor and talent, +considered as causes of property and social inequality. + +The first of these chapters will prove that the right of +occupation OBSTRUCTS property; the second that the right of +labor DESTROYS it. + +II. Property, then, being of necessity conceived as existing only +in connection with equality, it remains to find out why, in spite +of this necessity of logic, equality does not exist. This new +investigation also covers two chapters: in the first, considering +the fact of property in itself, we inquire whether this fact is +real, whether it exists, whether it is possible; for it would +imply a contradiction, were these two opposite forms of society, +equality and inequality, both possible. Then we discover, +singularly enough, that property may indeed manifest itself +accidentally; but that, as an institution and principle, it is +mathematically impossible. So that the axiom of the school--ab +actu ad posse valet consecutio: from the actual to the possible +the inference is good--is given the lie as far as property is +concerned. + +Finally, in the last chapter, calling psychology to our aid, and +probing man's nature to the bottom, we shall disclose the +principle of JUSTICE--its formula and character; we shall state +with precision the organic law of society; we shall explain the +origin of property, the causes of its establishment, its long +life, and its approaching death; we shall definitively establish +its identity with robbery. And, after having shown that these +three prejudices--THE SOVEREIGNTY OF MAN, THE INEQUALITY OF +CONDITIONS, AND PROPERTY--are one and the same; that they may be +taken for each other, and are reciprocally convertible,--we +shall have no trouble in inferring therefrom, by the principle of +contradiction, the basis of government and right. There our +investigations will end, reserving the right to continue them in +future works. + +The importance of the subject which engages our attention is +recognized by all minds. + + +"Property," says M. Hennequin, "is the creative and conservative +principle of civil society. Property is one of those basic +institutions, new theories concerning which cannot be presented +too soon; for it must not be forgotten, and the publicist and +statesman must know, that on the answer to the question whether +property is the principle or the result of social order, whether +it is to be considered as a cause or an effect, depends all +morality, and, consequently, all the authority of human +institutions." + + +These words are a challenge to all men of hope and faith; but, +although the cause of equality is a noble one, no one has yet +picked up the gauntlet thrown down by the advocates of property; +no one has been courageous enough to enter upon the struggle. +The spurious learning of haughty jurisprudence, and the absurd +aphorisms of a political economy controlled by property have +puzzled the most generous minds; it is a sort of password among +the most influential friends of liberty and the interests of the +people that EQUALITY IS A CHIMERA! So many false theories and +meaningless analogies influence minds otherwise keen, but which +are unconsciously controlled by popular prejudice. Equality +advances every day--fit aequalitas. Soldiers of liberty, shall +we desert our flag in the hour of triumph? + +A defender of equality, I shall speak without bitterness and +without anger; with the independence becoming a philosopher, with +the courage and firmness of a free man. May I, in this momentous +struggle, carry into all hearts the light with which I am filled; +and show, by the success of my argument, that equality failed to +conquer by the sword only that it might conquer by the pen! + + + +CHAPTER II. +PROPERTY CONSIDERED AS A NATURAL RIGHT.--OCCUPATION +AND CIVIL LAW AS EFFICIENT BASES OF PROPERTY. +DEFINITIONS. + +The Roman law defined property as the right to use and abuse +one's own within the limits of the law--jus utendi et abutendi +re sua, guatenus juris ratio patitur. A justification of the +word ABUSE has been attempted, on the ground that it signifies, +not senseless and immoral abuse, but only absolute domain. Vain +distinction! invented as an excuse for property, and powerless +against the frenzy of possession, which it neither prevents nor +represses. The proprietor may, if he chooses, allow his crops to +rot under foot; sow his field with salt; milk his cows on the +sand; change his vineyard into a desert, and use his vegetable- +garden as a park: do these things constitute abuse, or not? In +the matter of property, use and abuse are necessarily +indistinguishable. + +According to the Declaration of Rights, published as a preface to +the Constitution of '93, property is "the right to enjoy and +dispose at will of one's goods, one's income, and the fruit of +one's labor and industry." + +Code Napoleon, article 544: "Property is the right to enjoy and +dispose of things in the most absolute manner, provided we do not +overstep the limits prescribed by the laws and regulations." + +These two definitions do not differ from that of the Roman law: +all give the proprietor an absolute right over a thing; and as +for the restriction imposed by the code,--PROVIDED WE DO NOT +OVERSTEP THE LIMITS PRESCRIBED BY THE LAWS AND REGULATIONS,--its +object is not to limit property, but to prevent the domain of one +proprietor from interfering with that of another. That is a +confirmation of the principle, not a limitation of it. + +There are different kinds of property: 1. Property pure and +simple, the dominant and seigniorial power over a thing; or, as +they term it, NAKED PROPERTY. 2. POSSESSION. "Possession," +says Duranton, "is a matter of fact, not of right." Toullier: +"Property is a right, a legal power; possession is a fact." The +tenant, the farmer, the commandite', the usufructuary, are +possessors; the owner who lets and lends for use, the heir who is +to come into possession on the death of a usufructuary, are +proprietors. If I may venture the comparison: a lover is a +possessor, a husband is a proprietor. + +This double definition of property--domain and possession --is of +the highest importance; and it must be clearly understood, in +order to comprehend what is to follow. + +From the distinction between possession and property arise two +sorts of rights: the jus in re, the right in a thing, the right +by which I may reclaim the property which I have acquired, in +whatever hands I find it; and the jus ad rem, the right TO a +thing, which gives me a claim to become a proprietor. Thus the +right of the partners to a marriage over each other's person is +the jus in re; that of two who are betrothed is only the jus +ad rem. In the first, possession and property are united; the +second includes only naked property. With me who, as a laborer, +have a right to the possession of the products of Nature and my +own industry,--and who, as a proletaire, enjoy none of +them,--it is by virtue of the jus ad rem that I demand +admittance to the jus in re. + +This distinction between the jus in re and the jus ad rem is +the basis of the famous distinction between possessoire and +petitoire,--actual categories of jurisprudence, the whole of +which is included within their vast boundaries. Petitoire +refers to every thing relating to property; possessoire to that +relating to possession. In writing this memoir against property, +I bring against universal society an action petitoire: I prove +that those who do not possess to-day are proprietors by the same +title as those who do possess; but, instead of inferring +therefrom that property should be shared by all, I demand, in the +name of general security, its entire abolition. If I fail to win +my case, there is nothing left for us (the proletarian class and +myself) but to cut our throats: we can ask nothing more from the +justice of nations; for, as the code of procedure (art 26) tells +us in its energetic style, THE PLAINTIFF WHO HAS BEEN NON-SUITED +IN AN ACTION PETITOIRE, IS DEBARRED THEREBY FROM BRINGING AN +ACTION POSSESSOIRE. If, on the contrary, I gain the case, we +must then commence an action possessoire, that we may be +reinstated in the enjoyment of the wealth of which we are +deprived by property. I hope that we shall not be forced to that +extremity; but these two actions cannot be prosecuted at once, +such a course being prohibited by the same code of procedure. + +Before going to the heart of the question, it will not be useless +to offer a few preliminary remarks. + +% 1.--Property as a Natural Right. + +The Declaration of Rights has placed property in its list of the +natural and inalienable rights of man, four in all: LIBERTY, +EQUALITY, PROPERTY, SECURITY. What rule did the legislators of +'93 follow in compiling this list? None. They laid down +principles, just as they discussed sovereignty and the laws; from +a general point of view, and according to their own opinion. +They did every thing in their own blind way. + +If we can believe Toullier: "The absolute rights can be reduced +to three: SECURITY, LIBERTY, PROPERTY." Equality is eliminated +by the Rennes professor; why? Is it because LIBERTY implies +it, or because property prohibits it? On this point the author +of "Droit Civil Explique" is silent: it has not even occurred to +him that the matter is under discussion. + +Nevertheless, if we compare these three or four rights with each +other, we find that property bears no resemblance whatever to the +others; that for the majority of citizens it exists only +potentially, and as a dormant faculty without exercise; that for +the others, who do enjoy it, it is susceptible of certain +transactions and modifications which do not harmonize with the +idea of a natural right; that, in practice, governments, +tribunals, and laws do not respect it; and finally that +everybody, spontaneously and with one voice, regards it as +chimerical. + +Liberty is inviolable. I can neither sell nor alienate my +liberty; every contract, every condition of a contract, which has +in view the alienation or suspension of liberty, is null: the +slave, when he plants his foot upon the soil of liberty, at that +moment becomes a free man. When society seizes a malefactor and +deprives him of his liberty, it is a case of legitimate defence: +whoever violates the social compact by the commission of a crime +declares himself a public enemy; in attacking the liberty of +others, he compels them to take away his own. Liberty is the +original condition of man; to renounce liberty is to renounce the +nature of man: after that, how could we perform the acts of man? + +Likewise, equality before the law suffers neither restriction +nor exception. All Frenchmen are equally eligible to office: +consequently, in the presence of this equality, condition and +family have, in many cases, no influence upon choice. The +poorest citizen can obtain judgment in the courts against one +occupying the most exalted station. Let the millionaire, Ahab, +build a chateau upon the vineyard of Naboth: the court will have +the power, according to the circumstances, to order the +destruction of the chateau, though it has cost millions; and to +force the trespasser to restore the vineyard to its original +state, and pay the damages. The law wishes all property, that +has been legitimately acquired, to be kept inviolate without +regard to value, and without respect for persons. + +The charter demands, it is true, for the exercise of certain +political rights, certain conditions of fortune and capacity; but +all publicists know that the legislator's intention was not to +establish a privilege, but to take security. Provided the +conditions fixed by law are complied with, every citizen may be +an elector, and every elector eligible. The right, once +acquired, is the same for all; the law compares neither persons +nor votes. I do not ask now whether this system is the best; it +is enough that, in the opinion of the charter and in the eyes of +every one, equality before the law is absolute, and, like +liberty, admits of no compromise. + +It is the same with the right of security. Society promises its +members no half-way protection, no sham defence; it binds itself +to them as they bind themselves to it. It does not say to them, +"I will shield you, provided it costs me nothing; I will protect +you, if I run no risks thereby." It says, "I will defend you +against everybody; I will save and avenge you, or perish myself." + +The whole strength of the State is at the service of each +citizen; the obligation which binds them together is absolute. + +How different with property! Worshipped by all, it is +acknowledged by none: laws, morals, customs, public and private +conscience, all plot its death and ruin. + +To meet the expenses of government, which has armies to support, +tasks to perform, and officers to pay, taxes are needed. Let all +contribute to these expenses: nothing more just. But why should +the rich pay more than the poor? That is just, they say, because +they possess more. I confess that such justice is beyond my +comprehension. + +Why are taxes paid? To protect all in the exercise of their +natural rights--liberty, equality, security, and property; to +maintain order in the State; to furnish the public with useful +and pleasant conveniences. + +Now, does it cost more to defend the rich man's life and liberty +than the poor man's? Who, in time of invasion, famine, or +plague, causes more trouble,--the large proprietor who escapes +the evil without the assistance of the State, or the laborer who +sits in his cottage unprotected from danger? + +Is public order endangered more by the worthy citizen, or by the +artisan and journeyman? Why, the police have more to fear from a +few hundred laborers, out of work, than from two hundred thousand +electors! + +Does the man of large income appreciate more keenly than the poor +man national festivities, clean streets, and beautiful monuments? + +Why, he prefers his country-seat to all the popular pleasures; +and when he wants to enjoy himself, he does not wait for the +greased pole! + +One of two things is true: either the proportional tax affords +greater security to the larger tax-payers, or else it is a wrong. + +Because, if property is a natural right, as the Declaration of +'93 declares, all that belongs to me by virtue of this right is +as sacred as my person; it is my blood, my life, myself: +whoever touches it offends the apple of my eye. My income of one +hundred thousand francs is as inviolable as the grisette's daily +wage of seventy-five centimes; her attic is no more sacred than +my suite of apartments. The tax is not levied in proportion to +strength, size, or skill: no more should it be levied in +proportion to property. + +If, then, the State takes more from me, let it give me more in +return, or cease to talk of equality of rights; for otherwise, +society is established, not to defend property, but to destroy +it. The State, through the proportional tax, becomes the chief +of robbers; the State sets the example of systematic pillage: the +State should be brought to the bar of justice at the head of +those hideous brigands, that execrable mob which it now kills +from motives of professional jealousy. + +But, they say, the courts and the police force are established to +restrain this mob; government is a company, not exactly for +insurance, for it does not insure, but for vengeance and +repression. The premium which this company exacts, the tax, is +divided in proportion to property; that is, in proportion to the +trouble which each piece of property occasions the avengers and +repressers paid by the government. + +This is any thing but the absolute and inalienable right of +property. Under this system the poor and the rich distrust, and +make war upon, each other. But what is the object of the war? +Property. So that property is necessarily accompanied by war +upon property. The liberty and security of the rich do not +suffer from the liberty and security of the poor; far from that, +they mutually strengthen and sustain each other. The rich man's +right of property, on the contrary, has to be continually +defended against the poor man's desire for property. What a +contradiction! In England they have a poor-rate: they wish me to +pay this tax. But what relation exists between my natural +and inalienable right of property and the hunger from which ten +million wretched people are suffering? When religion commands us +to assist our fellows, it speaks in the name of charity, not in +the name of law. The obligation of benevolence, imposed upon me +by Christian morality, cannot be imposed upon me as a political +tax for the benefit of any person or poor-house. I will give +alms when I see fit to do so, when the sufferings of others +excite in me that sympathy of which philosophers talk, and in +which I do not believe: I will not be forced to bestow them. No +one is obliged to do more than comply with this injunction: IN +THE EXERCISE OF YOUR OWN RIGHTS DO NOT ENCROACH UPON THE RIGHTS +OF ANOTHER; an injunction which is the exact definition of +liberty. Now, my possessions are my own; no one has a claim upon +them: I object to the placing of the third theological virtue in +the order of the day. + +Everybody, in France, demands the conversion of the five per +cent. bonds; they demand thereby the complete sacrifice of one +species of property. They have the right to do it, if public +necessity requires it; but where is the just indemnity promised +by the charter? Not only does none exist, but this indemnity is +not even possible; for, if the indemnity were equal to the +property sacrificed, the conversion would be useless. + +The State occupies the same position to-day toward the +bondholders that the city of Calais did, when besieged by Edward +III, toward its notables. The English conqueror consented to +spare its inhabitants, provided it would surrender to him its +most distinguished citizens to do with as he pleased. Eustache +and several others offered themselves; it was noble in them, and +our ministers should recommend their example to the +bondholders. But had the city the right to surrender them? +Assuredly not. The right to security is absolute; the country +can require no one to sacrifice himself. The soldier standing +guard within the enemy's range is no exception to this rule. +Wherever a citizen stands guard, the country stands guard with +him: to-day it is the turn of the one, to-morrow of the other. +When danger and devotion are common, flight is parricide. No one +has the right to flee from danger; no one can serve as a +scapegoat. The maxim of Caiaphas--IT IS RIGHT THAT A MAN SHOULD +DIE FOR HIS NATION--is that of the populace and of tyrants; the +two extremes of social degradation. + +It is said that all perpetual annuities are essentially +redeemable. This maxim of civil law, applied to the State, is +good for those who wish to return to the natural equality of +labor and wealth; but, from the point of view of the proprietor, +and in the mouth of conversionists, it is the language of +bankrupts. The State is not only a borrower, it is an insurer +and guardian of property; granting the best of security, it +assures the most inviolable possession. How, then, can it force +open the hands of its creditors, who have confidence in it, and +then talk to them of public order and security of property? The +State, in such an operation, is not a debtor who discharges his +debt; it is a stock-company which allures its stockholders into a +trap, and there, contrary to its authentic promise, exacts from +them twenty, thirty, or forty per cent. of the interest on their +capital. + +That is not all. The State is a university of citizens joined +together under a common law by an act of society. This act +secures all in the possession of their property; guarantees to +one his field, to another his vineyard, to a third his rents, and +to the bondholder, who might have bought real estate but who +preferred to come to the assistance of the treasury, his bonds. +The State cannot demand, without offering an equivalent, the +sacrifice of an acre of the field or a corner of the vineyard; +still less can it lower rents: why should it have the right to +diminish the interest on bonds? This right could not justly +exist, unless the bondholder could invest his funds elsewhere to +equal advantage; but being confined to the State, where can he +find a place to invest them, since the cause of conversion, that +is, the power to borrow to better advantage, lies in the State? +That is why a government, based on the principle of property, +cannot redeem its annuities without the consent of their holders. + +The money deposited with the republic is property which it has no +right to touch while other kinds of property are respected; to +force their redemption is to violate the social contract, and +outlaw the bondholders. + +The whole controversy as to the conversion of bonds finally +reduces itself to this:-- + +QUESTION. Is it just to reduce to misery forty-five thousand +families who derive an income from their bonds of one hundred +francs or less? + +ANSWER. Is it just to compel seven or eight millions of tax- +payers to pay a tax of five francs, when they should pay only +three? It is clear, in the first place, that the reply is in +reality no reply; but, to make the wrong more apparent, let us +change it thus: Is it just to endanger the lives of one hundred +thousand men, when we can save them by surrendering one hundred +heads to the enemy? Reader, decide! + +All this is clearly understood by the defenders of the present +system. Yet, nevertheless, sooner or later, the conversion will +be effected and property be violated, because no other course +is possible; because property, regarded as a right, and not being +a right, must of right perish; because the force of events, the +laws of conscience, and physical and mathematical necessity must, +in the end, destroy this illusion of our minds. + +To sum up: liberty is an absolute right, because it is to man +what impenetrability is to matter,--a sine qua non of +existence; equality is an absolute right, because without +equality there is no society; security is an absolute right, +because in the eyes of every man his own liberty and life are as +precious as another's. These three rights are absolute; that is, +susceptible of neither increase nor diminution; because in +society each associate receives as much as he gives,--liberty for +liberty, equality for equality, security for security, body for +body, soul for soul, in life and in death. + +But property, in its derivative sense, and by the definitions of +law, is a right outside of society; for it is clear that, if the +wealth of each was social wealth, the conditions would be equal +for all, and it would be a contradiction to say: PROPERTY IS A +MAN'S RIGHT TO DISPOSE AT WILL OF SOCIAL PROPERTY. Then if we +are associated for the sake of liberty, equality, and security, +we are not associated for the sake of property; then if property +is a NATURAL right, this natural right is not SOCIAL, but +ANTI-SOCIAL. Property and society are utterly irreconcilable +institutions. It is as impossible to associate two proprietors +as to join two magnets by their opposite poles. Either society +must perish, or it must destroy property. + +If property is a natural, absolute, imprescriptible, and +inalienable right, why, in all ages, has there been so much +speculation as to its origin?--for this is one of its +distinguishing characteristics. The origin of a natural right! +Good God! who ever inquired into the origin of the rights of +liberty, security, or equality? They exist by the same right +that we exist; they are born with us, they live and die with +us. With property it is very different, indeed. By law, +property can exist without a proprietor, like a quality without a +subject. It exists for the human being who as yet is not, and +for the octogenarian who is no more. And yet, in spite of these +wonderful prerogatives which savor of the eternal and the +infinite, they have never found the origin of property; the +doctors still disagree. On one point only are they in harmony: +namely, that the validity of the right of property depends upon +the authenticity of its origin. But this harmony is their +condemnation. Why have they acknowledged the right before +settling the question of origin? + +Certain classes do not relish investigation into the pretended +titles to property, and its fabulous and perhaps scandalous +history. They wish to hold to this proposition: that property is +a fact; that it always has been, and always will be. With that +proposition the savant Proudhon[1] commenced his "Treatise on +the Right of Usufruct," regarding the origin of property as a +useless question. Perhaps I would subscribe to this doctrine, +believing it inspired by a commendable love of peace, were all my +fellow-citizens in comfortable circumstances; but, no! I will +not subscribe to it. + +[1] The Proudhon here referred to is J. B. V. Proudhon; a +distinguished French jurist, and distant relative of the +Translator. + + + + +The titles on which they pretend to base the right of property +are two in number: OCCUPATION and LABOR. I shall examine +them successively, under all their aspects and in detail; and I +remind the reader that, to whatever authority we appeal, I shall +prove beyond a doubt that property, to be just and possible, must +necessarily have equality for its condition. + + +% 2.--Occupation, as the Title to Property. + +It is remarkable that, at those meetings of the State Council at +which the Code was discussed, no controversy arose as to the +origin and principle of property. All the articles of Vol. II., +Book 2, concerning property and the right of accession, were +passed without opposition or amendment. Bonaparte, who on other +questions had given his legists so much trouble, had nothing to +say about property. Be not surprised at it: in the eyes of that +man, the most selfish and wilful person that ever lived, property +was the first of rights, just as submission to authority was the +most holy of duties. + +The right of OCCUPATION, or of the FIRST OCCUPANT, is that +which results from the actual, physical, real possession of a +thing. I occupy a piece of land; the presumption is, that I am +the proprietor, until the contrary is proved. We know that +originally such a right cannot be legitimate unless it is +reciprocal; the jurists say as much. + +Cicero compares the earth to a vast theatre: _Quemadmodum +theatrum cum commune sit, recte tamen dici potest ejus esse eum +locum quem quisque occuparit_. + +This passage is all that ancient philosophy has to say about the +origin of property. + +The theatre, says Cicero, is common to all; nevertheless, the +place that each one occupies is called HIS OWN; that is, it is +a place POSSESSED, not a place APPROPRIATED. This comparison +annihilates property; moreover, it implies equality. Can I, in a +theatre, occupy at the same time one place in the pit, another in +the boxes, and a third in the gallery? Not unless I have three +bodies, like Geryon, or can exist in different places at the same +time, as is related of the magician Apollonius. + +According to Cicero, no one has a right to more than he needs: +such is the true interpretation of his famous axiom-- _suum +quidque cujusque sit_, to each one that which belongs to him--an +axiom that has been strangely applied. That which belongs to +each is not that which each MAY possess, but that which each +HAS A RIGHT to possess. Now, what have we a right to possess? +That which is required for our labor and consumption; Cicero's +comparison of the earth to a theatre proves it. According to +that, each one may take what place he will, may beautify and +adorn it, if he can; it is allowable: but he must never allow +himself to overstep the limit which separates him from another. +The doctrine of Cicero leads directly to equality; for, +occupation being pure toleration, if the toleration is mutual +(and it cannot be otherwise) the possessions are equal. + +Grotius rushes into history; but what kind of reasoning is that +which seeks the origin of a right, said to be natural, elsewhere +than in Nature? This is the method of the ancients: the fact +exists, then it is necessary, then it is just, then its +antecedents are just also. Nevertheless, let us look into it. + +"Originally, all things were common and undivided; they were the +property of all." Let us go no farther. Grotius tells us how +this original communism came to an end through ambition and +cupidity; how the age of gold was followed by the age of iron, +&c. So that property rested first on war and conquest, then on +treaties and agreements. But either these treaties and +agreements distributed wealth equally, as did the original +communism (the only method of distribution with which the +barbarians were acquainted, and the only form of justice of which +they could conceive; and then the question of origin assumes this +form: how did equality afterwards disappear?)--or else these +treaties and agreements were forced by the strong upon the +weak, and in that case they are null; the tacit consent of +posterity does not make them valid, and we live in a permanent +condition of iniquity and fraud. + +We never can conceive how the equality of conditions, having once +existed, could afterwards have passed away. What was the cause +of such degeneration? The instincts of the animals are +unchangeable, as well as the differences of species; to suppose +original equality in human society is to admit by implication +that the present inequality is a degeneration from the nature of +this society,--a thing which the defenders of property cannot +explain. But I infer therefrom that, if Providence placed the +first human beings in a condition of equality, it was an +indication of its desires, a model that it wished them to realize +in other forms; just as the religious sentiment, which it planted +in their hearts, has developed and manifested itself in various +ways. Man has but one nature, constant and unalterable: he +pursues it through instinct, he wanders from it through +reflection, he returns to it through judgment; who shall say that +we are not returning now? According to Grotius, man has +abandoned equality; according to me, he will yet return to it. +How came he to abandon it? Why will he return to it? These are +questions for future consideration. + +Reid writes as follows:-- + + +"The right of property is not innate, but acquired. It is not +grounded upon the constitution of man, but upon his actions. +Writers on jurisprudence have explained its origin in a manner +that may satisfy every man of common understanding. + +"The earth is given to men in common for the purposes of life, by +the bounty of Heaven. But to divide it, and appropriate one part +of its produce to one, another part to another, must be the work +of men who have power and understanding given them, by which +every man may accommodate himself, WITHOUT HURT TO ANY OTHER. + +"This common right of every man to what the earth produces, +before it be occupied and appropriated by others, was, by ancient +moralists, very properly compared to the right which every +citizen had to the public theatre, where every man that came +might occupy an empty seat, and thereby acquire a right to it +while the entertainment lasted; but no man had a right to +dispossess another. + +"The earth is a great theatre, furnished by the Almighty, with +perfect wisdom and goodness, for the entertainment and employment +of all mankind. Here every man has a right to accommodate +himself as a spectator, and to perform his part as an actor; but +without hurt to others." + + +Consequences of Reid's doctrine. + +1. That the portion which each one appropriates may wrong no +one, it must be equal to the quotient of the total amount of +property to be shared, divided by the number of those who are to +share it; + +2. The number of places being of necessity equal at all times to +that of the spectators, no spectator can occupy two places, nor +can any actor play several parts; + +3. Whenever a spectator comes in or goes out, the places of all +contract or enlarge correspondingly: for, says Reid, "THE RIGHT +OF PROPERTY IS NOT INNATE, BUT ACQUIRED;" consequently, it is +not absolute; consequently, the occupancy on which it is based, +being a conditional fact, cannot endow this right with a +stability which it does not possess itself. This seems to have +been the thought of the Edinburgh professor when he added:-- + + +"A right to life implies a right to the necessary means of life; +and that justice, which forbids the taking away the life of an +innocent man, forbids no less the taking from him the necessary +means of life. He has the same right to defend the one as the +other. To hinder another man's innocent labor, or to deprive him +of the fruit of it, is an injustice of the same kind, and has the +same effect as to put him in fetters or in prison, and is equally +a just object of resentment." + + +Thus the chief of the Scotch school, without considering at all +the inequality of skill or labor, posits a priori the +equality of the means of labor, abandoning thereafter to each +laborer the care of his own person, after the eternal axiom: +WHOSO DOES WELL, SHALL FARE WELL. + +The philosopher Reid is lacking, not in knowledge of the +principle, but in courage to pursue it to its ultimate. If the +right of life is equal, the right of labor is equal, and so is +the right of occupancy. Would it not be criminal, were some +islanders to repulse, in the name of property, the unfortunate +victims of a shipwreck struggling to reach the shore? The very +idea of such cruelty sickens the imagination. The proprietor, +like Robinson Crusoe on his island, wards off with pike and +musket the proletaire washed overboard by the wave of +civilization, and seeking to gain a foothold upon the rocks of +property. "Give me work!" cries he with all his might to the +proprietor: "don't drive me away, I will work for you at any +price." "I do not need your services," replies the proprietor, +showing the end of his pike or the barrel of his gun. "Lower my +rent at least." "I need my income to live upon." "How can I pay +you, when I can get no work?" "That is your business." Then the +unfortunate proletaire abandons himself to the waves; or, if he +attempts to land upon the shore of property, the proprietor takes +aim, and kills him. + +We have just listened to a spiritualist; we will now question a +materialist, then an eclectic: and having completed the circle of +philosophy, we will turn next to law. + +According to Destutt de Tracy, property is a necessity of our +nature. That this necessity involves unpleasant consequences, it +would be folly to deny. But these consequences are necessary +evils which do not invalidate the principle; so that it as +unreasonable to rebel against property on account of the abuses +which it generates, as to complain of life because it is sure +to end in death. This brutal and pitiless philosophy promises at +least frank and close reasoning. Let us see if it keeps its +promise. + + +"We talk very gravely about the conditions of property, . . . as +if it was our province to decide what constitutes +property. . . . It would seem, to hear certain philosophers and +legislators, that at a certain moment, spontaneously and without +cause, people began to use the words THINE and MINE; and that +they might have, or ought to have, dispensed with them. But +THINE and MINE were never invented." + + +A philosopher yourself, you are too realistic. THINE and +MINE do not necessarily refer to self, as they do when I say +your philosophy, and my equality; for your philosophy is you +philosophizing, and my equality is I professing equality. +THINE and MINE oftener indicate a relation,--YOUR country, +YOUR parish, YOUR tailor, YOUR milkmaid; MY chamber, MY +seat at the theatre, MY company and MY battalion in the +National Guard. In the former sense, we may sometimes say MY +labor, MY skill, MY virtue; never MY grandeur nor MY +majesty: in the latter sense only, MY field, MY house, MY +vineyard, MY capital,--precisely as the banker's clerk says +MY cash-box. In short, THINE and MINE are signs and +expressions of personal, but equal, rights; applied to things +outside of us, they indicate possession, function, use, not +property. + +It does not seem possible, but, nevertheless, I shall prove, by +quotations, that the whole theory of our author is based upon +this paltry equivocation. + + +"Prior to all covenants, men are, not exactly, as Hobbes says, in +a state of HOSTILITY, but of ESTRANGEMENT. In this state, +justice and injustice are unknown; the rights of one bear no +relation to the rights of another. All have as many rights as +needs, and all feel it their duty to satisfy those needs by any +means at their command." + + +Grant it; whether true or false, it matters not. Destutt de +Tracy cannot escape equality. On this theory, men, while in +a state of ESTRANGEMENT, are under no obligations to each +other; they all have the right to satisfy their needs without +regard to the needs of others, and consequently the right to +exercise their power over Nature, each according to his strength +and ability. That involves the greatest inequality of wealth. +Inequality of conditions, then, is the characteristic feature of +estrangement or barbarism: the exact opposite of Rousseau's idea. + +But let us look farther:-- + + +"Restrictions of these rights and this duty commence at the time +when covenants, either implied or expressed, are agreed upon. +Then appears for the first time justice and injustice; that is, +the balance between the rights of one and the rights of another, +which up to that time were necessarily equal." + +Listen: RIGHTS WERE EQUAL; that means that each individual had +the right to SATISFY HIS NEEDS WITHOUT REFERENCE TO THE NEEDS OF +OTHERS. In other words, that all had the right to injure each +other; that there was no right save force and cunning. They +injured each other, not only by war and pillage, but also by +usurpation and appropriation. Now, in order to abolish this +equal right to use force and stratagem,--this equal right to do +evil, the sole source of the inequality of benefits and +injuries,--they commenced to make COVENANTS EITHER IMPLIED OR +EXPRESSED, and established a balance. Then these agreements and +this balance were intended to secure to all equal comfort; then, +by the law of contradictions, if isolation is the principle of +inequality, society must produce equality. The social balance is +the equalization of the strong and the weak; for, while they are +not equals, they are strangers; they can form no associations,-- +they live as enemies. Then, if inequality of conditions is a +necessary evil, so is isolation, for society and inequality are +incompatible with each other. Then, if society is the true +condition of man's existence, so is equality also. This +conclusion cannot be avoided. + +This being so, how is it that, ever since the establishment of +this balance, inequality has been on the increase? How is it +that justice and isolation always accompany each other? Destutt +de Tracy shall reply:-- + + +"NEEDS and MEANS, RIGHTS and DUTIES, are products of the +will. If man willed nothing, these would not exist. But to have +needs and means, rights and duties, is to HAVE, to POSSESS, +something. They are so many kinds of property, using the word in +its most general sense: they are things which belong to us." + + +Shameful equivocation, not justified by the necessity for +generalization! The word PROPERTY has two meanings: 1. It +designates the quality which makes a thing what it is; the +attribute which is peculiar to it, and especially distinguishes +it. We use it in this sense when we say THE PROPERTIES OF THE +TRIANGLE or of NUMBERS; THE PROPERTY OF THE MAGNET, &c. 2. It +expresses the right of absolute control over a thing by a free +and intelligent being. It is used in this sense by writers on +jurisprudence. Thus, in the phrase, IRON ACQUIRES THE PROPERTY +OF A MAGNET, the word PROPERTY does not convey the same idea +that it does in this one: I HAVE ACQUIRED THIS MAGNET AS MY +PROPERTY_. To tell a poor man that he HAS property because he +HAS arms and legs,--that the hunger from which he suffers, and +his power to sleep in the open air are his property,--is to play +upon words, and to add insult to injury. + + +"The sole basis of the idea of property is the idea of +personality. As soon as property is born at all, it is born, of +necessity, in all its fulness. As soon as an individual knows +HIMSELF,--his moral personality, his capacities of enjoyment, +suffering, and action,--he necessarily sees also that this SELF +is exclusive proprietor of the body in which it dwells, its +organs, their powers, faculties, &c. . . . Inasmuch as +artificial and conventional property exists, there must be +natural property also; for nothing can exist in art without its +counterpart in Nature." + + +We ought to admire the honesty and judgment of philosophers! Man +has properties; that is, in the first acceptation of the term, +faculties. He has property; that is, in its second acceptation, +the right of domain. He has, then, the property of the property +of being proprietor. How ashamed I should be to notice such +foolishness, were I here considering only the authority of +Destutt de Tracy! But the entire human race, since the +origination of society and language, when metaphysics and +dialectics were first born, has been guilty of this puerile +confusion of thought. All which man could call his own was +identified in his mind with his person. He considered it as his +property, his wealth; a part of himself, a member of his body, a +faculty of his mind. The possession of things was likened to +property in the powers of the body and mind; and on this false +analogy was based the right of property,--THE IMITATION OF +NATURE BY ART, as Destutt de Tracy so elegantly puts it. + +But why did not this ideologist perceive that man is not +proprietor even of his own faculties? Man has powers, +attributes, capacities; they are given him by Nature that he may +live, learn, and love: he does not own them, but has only the use +of them; and he can make no use of them that does not harmonize +with Nature's laws. If he had absolute mastery over his +faculties, he could avoid hunger and cold; he could eat +unstintedly, and walk through fire; he could move mountains, walk +a hundred leagues in a minute, cure without medicines and by the +sole force of his will, and could make himself immortal. He +could say, "I wish to produce," and his tasks would be finished +with the words; he could say. "I wish to know," and he would +know; "I love," and he would enjoy. What then? Man is not +master of himself, but may be of his surroundings. Let him use +the wealth of Nature, since he can live only by its use; but let +him abandon his pretensions to the title of proprietor, and +remember that he is called so only metaphorically. + +To sum up: Destutt de Tracy classes together the external +PRODUCTIONS of nature and art, and the POWERS or FACULTIES +of man, making both of them species of property; and upon this +equivocation he hopes to establish, so firmly that it can never +be disturbed, the right of property. But of these different +kinds of property some are INNATE, as memory, imagination, +strength, and beauty; while others are ACQUIRED, as land, +water, and forests. In the state of Nature or isolation, the +strongest and most skilful (that is, those best provided with +innate property) stand the best chance of obtaining acquired +property. Now, it is to prevent this encroachment and the war +which results therefrom, that a balance (justice) has been +employed, and covenants (implied or expressed) agreed upon: it is +to correct, as far as possible, inequality of innate property by +equality of acquired property. As long as the division remains +unequal, so long the partners remain enemies; and it is the +purpose of the covenants to reform this state of things. Thus we +have, on the one hand, isolation, inequality, enmity, war, +robbery, murder; on the other, society, equality, fraternity, +peace, and love. Choose between them! + +M. Joseph Dutens--a physician, engineer, and geometrician, but a +very poor legist, and no philosopher at all--is the author of a +"Philosophy of Political Economy," in which he felt it his duty +to break lances in behalf of property. His reasoning seems to be +borrowed from Destutt de Tracy. He commences with this +definition of property, worthy of Sganarelle: "Property is +the right by which a thing is one's own." Literally translated: +Property is the right of property. + +After getting entangled a few times on the subjects of will, +liberty, and personality; after having distinguished between +IMMATERIAL-NATURAL property, and MATERIAL-NATURAL property, a +distinction similar to Destutt de Tracy's of innate and acquired +property,--M. Joseph Dutens concludes with these two general +propositions: 1. Property is a natural and inalienable right of +every man; 2. Inequality of property is a necessary result of +Nature,--which propositions are convertible into a simpler one: +All men have an equal right of unequal property. + +He rebukes M. de Sismondi for having taught that landed property +has no other basis than law and conventionality; and he says +himself, speaking of the respect which people feel for property, +that "their good sense reveals to them the nature of the +ORIGINAL CONTRACT made between society and proprietors." + +He confounds property with possession, communism with equality, +the just with the natural, and the natural with the possible. +Now he takes these different ideas to be equivalents; now he +seems to distinguish between them, so much so that it would be +infinitely easier to refute him than to understand him. +Attracted first by the title of the work, "Philosophy of +Political Economy," I have found, among the author's obscurities, +only the most ordinary ideas. For that reason I will not speak +of him. + +M. Cousin, in his "Moral Philosophy," page 15, teaches that all +morality, all laws, all rights are given to man with this +injunction: "FREE BEING, REMAIN FREE." Bravo! master; I wish +to remain free if I can. He continues:-- + +"Our principle is true; it is good, it is social. Do not fear to +push it to its ultimate. + +"1. If the human person is sacred, its whole nature is sacred; +and particularly its interior actions, its feelings, its +thoughts, its voluntary decisions. This accounts for the respect +due to philosophy, religion, the arts industry, commerce, and to +all the results of liberty. I say respect, not simply +toleration; for we do not tolerate a right, we respect it." + +I bow my head before this philosophy. + + +"2. My liberty, which is sacred, needs for its objective action +an instrument which we call the body: the body participates then +in the sacredness of liberty; it is then inviolable. This is the +basis of the principle of individual liberty. + + +"3. My liberty needs, for its objective action, material to work +upon; in other words, property or a thing. This thing or +property naturally participates then in the inviolability of my +person. For instance, I take possession of an object which has +become necessary and useful in the outward manifestation of my +liberty. I say, `This object is mine since it belongs to no one +else; consequently, I possess it legitimately.' So the +legitimacy of possession rests on two conditions. First, I +possess only as a free being. Suppress free activity, you +destroy my power to labor. Now it is only by labor that I can +use this property or thing, and it is only by using it that I +possess it. Free activity is then the principle of the right of +property. But that alone does not legitimate possession. All +men are free; all can use property by labor. Does that mean that +all men have a right to all property? Not at all. To possess +legitimately, I must not only labor and produce in my capacity of +a free being, but I must also be the first to occupy the +property. In short, if labor and production are the principle of +the right of property, the fact of first occupancy is its +indispensable condition. + + +"4. I possess legitimately: then I have the right to use my +property as I see fit. I have also the right to give it away. I +have also the right to bequeath it; for if I decide to make a +donation, my decision is as valid after my death as during my +life." + +In fact, to become a proprietor, in M. Cousin's opinion, one must +take possession by occupation and labor. I maintain that the +element of time must be considered also; for if the first +occupants have occupied every thing, what are the new comers +to do? What will become of them, having an instrument with which +to work, but no material to work upon? Must they devour each +other? A terrible extremity, unforeseen by philosophical +prudence; for the reason that great geniuses neglect little +things. + +Notice also that M. Cousin says that neither occupation nor +labor, taken separately, can legitimate the right of property; +and that it is born only from the union of the two. This is one +of M. Cousin's eclectic turns, which he, more than any one else, +should take pains to avoid. Instead of proceeding by the method +of analysis, comparison, elimination, and reduction (the only +means of discovering the truth amid the various forms of thought +and whimsical opinions), he jumbles all systems together, and +then, declaring each both right and wrong, exclaims: "There you +have the truth." + +But, adhering to my promise, I will not refute him. I will only +prove, by all the arguments with which he justifies the right of +property, the principle of equality which kills it. As I have +already said, my sole intent is this: to show at the bottom of +all these positions that inevitable major, EQUALITY; hoping +hereafter to show that the principle of property vitiates the +very elements of economical, moral, and governmental science, +thus leading it in the wrong direction. + +Well, is it not true, from M. Cousin's point of view, that, if +the liberty of man is sacred, it is equally sacred in all +individuals; that, if it needs property for its objective action, +that is, for its life, the appropriation of material is equally +necessary for all; that, if I wish to be respected in my right of +appropriation, I must respect others in theirs; and, +consequently, that though, in the sphere of the infinite, a +person's power of appropriation is limited only by himself, in +the sphere of the finite this same power is limited by the +mathematical relation between the number of persons and the +space which they occupy? Does it not follow that if one +individual cannot prevent another--his fellow-man--from +appropriating an amount of material equal to his own, no more can +he prevent individuals yet to come; because, while individuality +passes away, universality persists, and eternal laws cannot be +determined by a partial view of their manifestations? Must we +not conclude, therefore, that whenever a person is born, the +others must crowd closer together; and, by reciprocity of +obligation, that if the new comer is afterwards to become an +heir, the right of succession does not give him the right of +accumulation, but only the right of choice? + +I have followed M. Cousin so far as to imitate his style, and I +am ashamed of it. Do we need such high-sounding terms, such +sonorous phrases, to say such simple things? Man needs to labor +in order to live; consequently, he needs tools to work with and +materials to work upon. His need to produce constitutes his +right to produce. Now, this right is guaranteed him by his +fellows, with whom he makes an agreement to that effect. One +hundred thousand men settle in a large country like France with +no inhabitants: each man has a right to 1/100,000 of the land. +If the number of possessors increases, each one's portion +diminishes in consequence; so that, if the number of inhabitants +rises to thirty-four millions, each one will have a right only to +1/34,000,000. Now, so regulate the police system and the +government, labor, exchange, inheritance, &c., that the means of +labor shall be shared by all equally, and that each individual +shall be free; and then society will be perfect. + +Of all the defenders of property, M. Cousin has gone the +farthest. He has maintained against the economists that +labor does not establish the right of property unless +preceded by occupation, and against the jurists that the civil +law can determine and apply a natural right, but cannot create +it. In fact, it is not sufficient to say, "The right of property +is demonstrated by the existence of property; the function of the +civil law is purely declaratory." To say that, is to confess +that there is no reply to those who question the legitimacy of +the fact itself. Every right must be justifiable in itself, or +by some antecedent right; property is no exception. For this +reason, M. Cousin has sought to base it upon the SANCTITY of +the human personality, and the act by which the will assimilates +a thing. "Once touched by man," says one of M. Cousin's +disciples, "things receive from him a character which transforms +and humanizes them." I confess, for my part, that I have no +faith in this magic, and that I know of nothing less holy than +the will of man. But this theory, fragile as it seems to +psychology as well as jurisprudence, is nevertheless more +philosophical and profound than those theories which are based +upon labor or the authority of the law. Now, we have just seen +to what this theory of which we are speaking leads,--to the +equality implied in the terms of its statement. + +But perhaps philosophy views things from too lofty a standpoint, +and is not sufficiently practical; perhaps from the exalted +summit of speculation men seem so small to the metaphysician that +he cannot distinguish between them; perhaps, indeed, the equality +of conditions is one of those principles which are very true and +sublime as generalities, but which it would be ridiculous and +even dangerous to attempt to rigorously apply to the customs of +life and to social transactions. Undoubtedly, this is a case +which calls for imitation of the wise reserve of moralists and +jurists, who warn us against carrying things to extremes, and +who advise us to suspect every definition; because there is not +one, they say, which cannot be utterly destroyed by developing +its disastrous results--_Omnis definitio in jure civili +periculosa est: parum est enim ut non subverti possit_. Equality +of conditions,--a terrible dogma in the ears of the proprietor, a +consoling truth at the poor-man's sick-bed, a frightful reality +under the knife of the anatomist,--equality of conditions, +established in the political, civil, and industrial spheres, is +only an alluring impossibility, an inviting bait, a satanic +delusion. + +It is never my intention to surprise my reader. I detest, as I +do death, the man who employs subterfuge in his words and +conduct. From the first page of this book, I have expressed +myself so plainly and decidedly that all can see the tendency of +my thought and hopes; and they will do me the justice to say, +that it would be difficult to exhibit more frankness and more +boldness at the same time. I do not hesitate to declare that the +time is not far distant when this reserve, now so much admired in +philosophers--this happy medium so strongly recommended by +professors of moral and political science--will be regarded as +the disgraceful feature of a science without principle, and as +the seal of its reprobation. In legislation and morals, as well +as in geometry, axioms are absolute, definitions are certain; and +all the results of a principle are to be accepted, provided they +are logically deduced. Deplorable pride! We know nothing of our +nature, and we charge our blunders to it; and, in a fit of +unaffected ignorance, cry out, "The truth is in doubt, the best +definition defines nothing!" We shall know some time whether +this distressing uncertainty of jurisprudence arises from the +nature of its investigations, or from our prejudices; whether, to +explain social phenomena, it is not enough to change our +hypothesis, as did Copernicus when he reversed the system of +Ptolemy. + +But what will be said when I show, as I soon shall, that this +same jurisprudence continually tries to base property upon +equality? What reply can be made? + +% 3.--Civil Law as the Foundation and Sanction of Property. + +Pothier seems to think that property, like royalty, exists by +divine right. He traces back its origin to God himself--ab Jove +principium. He begins in this way:-- + + +"God is the absolute ruler of the universe and all that it +contains: _Domini est terra et plenitudo ejus, orbis et universi +qui habitant in eo_. For the human race he has created the earth +and all its creatures, and has given it a control over them +subordinate only to his own. `Thou madest him to have dominion +over the works of thy hands; thou hast put all things under his +feet,' says the Psalmist. God accompanied this gift with these +words, addressed to our first parents after the creation: `Be +fruitful, and multiply and replenish the earth,'" &c. + + +After this magnificent introduction, who would refuse to believe +the human race to be an immense family living in brotherly union, +and under the protection of a venerable father? But, heavens! +are brothers enemies? Are fathers unnatural, and children +prodigal? + +GOD GAVE THE EARTH TO THE HUMAN RACE: why then have I received +none? HE HAS PUT ALL THINGS UNDER MY FEET,--and I have not +where to lay my head! MULTIPLY, he tells us through his +interpreter, Pothier. Ah, learned Pothier! that is as easy to do +as to say; but you must give moss to the bird for its nest. + + +"The human race having multiplied, men divided among themselves +the earth and most of the things upon it; that which fell to +each, from that time exclusively belonged to him. That was the +origin of the right of property." + + +Say, rather, the right of possession. Men lived in a state of +communism; whether positive or negative it matters little. +Then there was no property, not even private possession. The +genesis and growth of possession gradually forcing people to +labor for their support, they agreed either formally or +tacitly,--it makes no difference which,--that the laborer should +be sole proprietor of the fruit of his labor; that is, they +simply declared the fact that thereafter none could live without +working. It necessarily followed that, to obtain equality of +products, there must be equality of labor; and that, to obtain +equality of labor, there must be equality of facilities for +labor. Whoever without labor got possession, by force or by +strategy, of another's means of subsistence, destroyed equality, +and placed himself above or outside of the law. Whoever +monopolized the means of production on the ground of greater +industry, also destroyed equality. Equality being then the +expression of right, whoever violated it was UNJUST. + +Thus, labor gives birth to private possession; the right in a +thing--jus in re. But in what thing? Evidently IN THE +PRODUCT, not IN THE SOIL. So the Arabs have always understood +it; and so, according to Caesar and Tacitus, the Germans formerly +held. "The Arabs," says M. de Sismondi, "who admit a man's +property in the flocks which he has raised, do not refuse the +crop to him who planted the seed; but they do not see why +another, his equal, should not have a right to plant in his turn. + +The inequality which results from the pretended right of the +first occupant seems to them to be based on no principle of +justice; and when all the land falls into the hands of a certain +number of inhabitants, there results a monopoly in their favor +against the rest of the nation, to which they do not wish to +submit." + +Well, they have shared the land. I admit that therefrom results +a more powerful organization of labor; and that this method of +distribution, fixed and durable, is advantageous to +production: but how could this division give to each a +transferable right of property in a thing to which all had an +inalienable right of possession? In the terms of jurisprudence, +this metamorphosis from possessor to proprietor is legally +impossible; it implies in the jurisdiction of the courts the +union of possessoire and petitoire; and the mutual +concessions of those who share the land are nothing less than +traffic in natural rights. The original cultivators of the land, +who were also the original makers of the law, were not as learned +as our legislators, I admit; and had they been, they could not +have done worse: they did not foresee the consequences of the +transformation of the right of private possession into the right +of absolute property. But why have not those, who in later times +have established the distinction between jus in re and jus ad +rem, applied it to the principle of property itself? + +Let me call the attention of the writers on jurisprudence to +their own maxims. + +The right of property, provided it can have a cause, can have but +one--_Dominium non potest nisi ex una causa contingere_. I can +possess by several titles; I can become proprietor by only one-- +_Non ut ex pluribus causis idem nobis deberi potest, ita ex +pluribus causis idem potest nostrum esse_. The field which I +have cleared, which I cultivate, on which I have built my house, +which supports myself, my family, and my livestock, I can +possess: 1st. As the original occupant; 2d. As a laborer; 3d. By +virtue of the social contract which assigns it to me as my share. + +But none of these titles confer upon me the right of property. +For, if I attempt to base it upon occupancy, society can reply, +"I am the original occupant." If I appeal to my labor, it will +say, "It is only on that condition that you possess." If I speak +of agreements, it will respond, "These agreements establish only +your right of use." Such, however, are the only titles which +proprietors advance. They never have been able to discover any +others. Indeed, every right--it is Pothier who says it--supposes +a producing cause in the person who enjoys it; but in man who +lives and dies, in this son of earth who passes away like a +shadow, there exists, with respect to external things, only +titles of possession, not one title of property. Why, then, has +society recognized a right injurious to itself, where there is no +producing cause? Why, in according possession, has it also +conceded property? Why has the law sanctioned this abuse of +power? + +The German Ancillon replies thus:-- + + +"Some philosophers pretend that man, in employing his forces upon +a natural object,--say a field or a tree,--acquires a right only +to the improvements which he makes, to the form which he gives to +the object, not to the object itself. Useless distinction! If +the form could be separated from the object, perhaps there would +be room for question; but as this is almost always impossible, +the application of man's strength to the different parts of the +visible world is the foundation of the right of property, the +primary origin of riches." + + +Vain pretext! If the form cannot be separated from the object, +nor property from possession, possession must be shared; in any +case, society reserves the right to fix the conditions of +property. Let us suppose that an appropriated farm yields a +gross income of ten thousand francs; and, as very seldom happens, +that this farm cannot be divided. Let us suppose farther that, +by economical calculation, the annual expenses of a family are +three thousand francs: the possessor of this farm should be +obliged to guard his reputation as a good father of a family, by +paying to society ten thousand francs,--less the total costs of +cultivation, and the three thousand francs required for the +maintenance of his family. This payment is not rent, it is an +indemnity. + +What sort of justice is it, then, which makes such laws as +this:-- + + +"Whereas, since labor so changes the form of a thing that the +form and substance cannot be separated without destroying the +thing itself, either society must be disinherited, or the laborer +must lose the fruit of his labor; and + +"Whereas, in every other case, property in raw material would +give a title to added improvements, minus their cost; and +whereas, in this instance, property in improvements ought to give +a title to the principal; + +"Therefore, the right of appropriation by labor shall never be +admitted against individuals, but only against society." + +In such a way do legislators always reason in regard to property. + +The law is intended to protect men's mutual rights,--that is, the +rights of each against each, and each against all; and, as if a +proportion could exist with less than four terms, the law-makers +always disregard the latter. As long as man is opposed to man, +property offsets property, and the two forces balance each other; +as soon as man is isolated, that is, opposed to the society which +he himself represents, jurisprudence is at fault: Themis has lost +one scale of her balance. + +Listen to the professor of Rennes, the learned Toullier:-- + + +"How could this claim, made valid by occupation, become stable +and permanent property, which might continue to stand, and which +might be reclaimed after the first occupant had relinquished +possession? + +"Agriculture was a natural consequence of the multiplication of +the human race, and agriculture, in its turn, favors population, +and necessitates the establishment of permanent property; for who +would take the trouble to plough and sow, if he were not certain +that he would reap?" + + +To satisfy the husbandman, it was sufficient to guarantee him +possession of his crop; admit even that he should have been +protected in his right of occupation of land, as long as he +remained its cultivator. That was all that he had a right to +expect; that was all that the advance of civilization +demanded. But property, property! the right of escheat over +lands which one neither occupies nor cultivates,--who had +authority to grant it? who pretended to have it? + + +"Agriculture alone was not sufficient to establish permanent +property; positive laws were needed, and magistrates to execute +them; in a word, the civil State was needed. + +"The multiplication of the human race had rendered agriculture +necessary; the need of securing to the cultivator the fruit of +his labor made permanent property necessary, and also laws for +its protection. So we are indebted to property for the creation +of the civil State." + + +Yes, of our civil State, as you have made it; a State which, at +first, was despotism, then monarchy, then aristocracy, today +democracy, and always tyranny. + + +"Without the ties of property it never would have been possible +to subordinate men to the wholesome yoke of the law; and without +permanent property the earth would have remained a vast forest. +Let us admit, then, with the most careful writers, that if +transient property, or the right of preference resulting from +occupation, existed prior to the establishment of civil society, +permanent property, as we know it to-day, is the work of civil +law. It is the civil law which holds that, when once acquired, +property can be lost only by the action of the proprietor, and +that it exists even after the proprietor has relinquished +possession of the thing, and it has fallen into the hands of a +third party. + + +"Thus property and possession, which originally were confounded, +became through the civil law two distinct and independent things; +two things which, in the language of the law, have nothing +whatever in common. In this we see what a wonderful change has +been effected in property, and to what an extent Nature has been +altered by the civil laws." + +Thus the law, in establishing property, has not been the +expression of a psychological fact, the development of a natural +law, the application of a moral principle. It has literally +CREATED a right outside of its own province. It has realized +an abstraction, a metaphor, a fiction; and that without deigning +to look at the consequences, without considering the +disadvantages, without inquiring whether it was right or wrong. + +It has sanctioned selfishness; it has indorsed monstrous +pretensions; it has received with favor impious vows, as if it +were able to fill up a bottomless pit, and to satiate hell! +Blind law; the law of the ignorant man; a law which is not a law; +the voice of discord, deceit, and blood! This it is which, +continually revived, reinstated, rejuvenated, restored, re- +enforced--as the palladium of society--has troubled the +consciences of the people, has obscured the minds of the masters, +and has induced all the catastrophes which have befallen nations. + +This it is which Christianity has condemned, but which its +ignorant ministers deify; who have as little desire to study +Nature and man, as ability to read their Scriptures. + +But, indeed, what guide did the law follow in creating the domain +of property? What principle directed it? What was its standard? + +Would you believe it? It was equality. + +Agriculture was the foundation of territorial possession, and the +original cause of property. It was of no use to secure to the +farmer the fruit of his labor, unless the means of production +were at the same time secured to him. To fortify the weak +against the invasion of the strong, to suppress spoliation and +fraud, the necessity was felt of establishing between possessors +permanent lines of division, insuperable obstacles. Every year +saw the people multiply, and the cupidity of the husbandman +increase: it was thought best to put a bridle on ambition by +setting boundaries which ambition would in vain attempt to +overstep. Thus the soil came to be appropriated through need of +the equality which is essential to public security and peaceable +possession. Undoubtedly the division was never geographically +equal; a multitude of rights, some founded in Nature, but wrongly +interpreted and still more wrongly applied, inheritance, gift, +and exchange; others, like the privileges of birth and +position, the illegitimate creations of ignorance and brute +force,--all operated to prevent absolute equality. But, +nevertheless, the principle remained the same: equality had +sanctioned possession; equality sanctioned property. + +The husbandman needed each year a field to sow; what more +convenient and simple arrangement for the barbarians,--instead of +indulging in annual quarrels and fights, instead of continually +moving their houses, furniture, and families from spot to spot,-- +than to assign to each individual a fixed and inalienable estate? + +It was not right that the soldier, on returning from an +expedition, should find himself dispossessed on account of the +services which he had just rendered to his country; his estate +ought to be restored to him. It became, therefore, customary to +retain property by intent alone--_nudo animo;_ it could be +sacrificed only with the consent and by the action of the +proprietor. + +It was necessary that the equality in the division should be kept +up from one generation to another, without a new distribution of +the land upon the death of each family; it appeared therefore +natural and just that children and parents, according to the +degree of relationship which they bore to the deceased, should be +the heirs of their ancestors. Thence came, in the first place, +the feudal and patriarchal custom of recognizing only one heir; +then, by a quite contrary application of the principle of +equality, the admission of all the children to a share in their +father's estate, and, very recently also among us, the definitive +abolition of the right of primogeniture. + +But what is there in common between these rude outlines of +instinctive organization and the true social science? How could +these men, who never had the faintest idea of statistics, +valuation, or political economy, furnish us with principles +of legislation? + +"The law," says a modern writer on jurisprudence, "is the +expression of a social want, the declaration of a fact: the +legislator does not make it, he declares it. `This definition is +not exact. The law is a method by which social wants must be +satisfied; the people do not vote it, the legislator does not +express it: the savant discovers and formulates it. But in +fact, the law, according to M. Ch. Comte, who has devoted half a +volume to its definition, was in the beginning only the +EXPRESSION OF A WANT, and the indication of the means of +supplying it; and up to this time it has been nothing else. The +legists--with mechanical fidelity, full of obstinacy, enemies of +philosophy, buried in literalities--have always mistaken for the +last word of science that which was only the inconsiderate +aspiration of men who, to be sure, were well-meaning, but wanting +in foresight. + +They did not foresee, these old founders of the domain of +property, that the perpetual and absolute right to retain one's +estate,--a right which seemed to them equitable, because it was +common,--involves the right to transfer, sell, give, gain, and +lose it; that it tends, consequently, to nothing less than the +destruction of that equality which they established it to +maintain. And though they should have foreseen it, they +disregarded it; the present want occupied their whole attention, +and, as ordinarily happens in such cases, the disadvantages were +at first scarcely perceptible, and they passed unnoticed. + +They did not foresee, these ingenuous legislators, that if +property is retainable by intent alone--_nudo animo_--it carries +with it the right to let, to lease, to loan at interest, to +profit by exchange, to settle annuities, and to levy a tax on a +field which intent reserves, while the body is busy elsewhere. + +They did not foresee, these fathers of our jurisprudence, that, +if the right of inheritance is any thing other than Nature's +method of preserving equality of wealth, families will soon +become victims of the most disastrous exclusions; and society, +pierced to the heart by one of its most sacred principles, will +come to its death through opulence and misery.[1] + +[1] Here, especially, the simplicity of our ancestors appears in +all its rudeness. After having made first cousins heirs, where +there were no legitimate children, they could not so divide the +property between two different branches as to prevent the +simultaneous existence of extreme wealth and extreme poverty in +the same family. For example:-- + +James, dying, leaves two sons, Peter and John, heirs of his +fortune: James's property is divided equally between them. But +Peter has only one daughter, while John, his brother, leaves six +sons. It is clear that, to be true to the principle of equality, +and at the same time to that of heredity, the two estates must be +divided in seven equal portions among the children of Peter and +John; for otherwise a stranger might marry Peter's daughter, and +by this alliance half of the property of James, the grandfather, +would be transferred to another family, which is contrary to the +principle of heredity. Furthermore, John's children would be +poor on account of their number, while their cousin, being an +only child, would be rich, which is contrary to the principle of +equality. If we extend this combined application of two +principles apparently opposed to each other, we shall become +convinced that the right of succession, which is assailed with so +little wisdom in our day, is no obstacle to the maintenance of +equality. + +Under whatever form of government we live, it can always be said +that _le mort saisit le vif;_ that is, that inheritance and +succession will last for ever, whoever may be the recognized +heir. But the St. Simonians wish the heir to be designated by +the magistrate; others wish him to be chosen by the deceased, or +assumed by the law to be so chosen: the essential point is that +Nature's wish be satisfied, so far as the law of equality allows. + +To-day the real controller of inheritance is chance or caprice; +now, in matters of legislation, chance and caprice cannot be +accepted as guides. It is for the purpose of avoiding the +manifold disturbances which follow in the wake of chance that +Nature, after having created us equal, suggests to us the +principle of heredity; which serves as a voice by which society +asks us to choose, from among all our brothers, him whom we judge +best fitted to complete our unfinished work. + + + + +They did not foresee. . . . But why need I go farther? + +The consequences are plain enough, and this is not the time +to criticise the whole Code. + +The history of property among the ancient nations is, then, +simply a matter of research and curiosity. It is a rule of +jurisprudence that the fact does not substantiate the right. +Now, property is no exception to this rule: then the universal +recognition of the right of property does not legitimate the +right of property. Man is mistaken as to the constitution of +society, the nature of right, and the application of justice; +just as he was mistaken regarding the cause of meteors and the +movement of the heavenly bodies. His old opinions cannot be +taken for articles of faith. Of what consequence is it to us +that the Indian race was divided into four classes; that, on the +banks of the Nile and the Ganges, blood and position formerly +determined the distribution of the land; that the Greeks and +Romans placed property under the protection of the gods; that +they accompanied with religious ceremonies the work of +partitioning the land and appraising their goods? The variety of +the forms of privilege does not sanction injustice. The faith of +Jupiter, the proprietor,[1] proves no more against the equality +of citizens, than do the mysteries of Venus, the wanton, against +conjugal chastity. + +[1] _Zeus klesios_. + + + + +The authority of the human race is of no effect as evidence in +favor of the right of property, because this right, resting of +necessity upon equality, contradicts its principle; the decision +of the religions which have sanctioned it is of no effect, +because in all ages the priest has submitted to the prince, and +the gods have always spoken as the politicians desired; the +social advantages, attributed to property, cannot +be cited in its behalf, because they all spring from the +principle of equality of possession. + +What means, then, this dithyramb upon property? + + +"The right of property is the most important of human +institutions." . . . + + +Yes; as monarchy is the most glorious. + + +"The original cause of man's prosperity upon earth." + + +Because justice was supposed to be its principle. + + +"Property became the legitimate end of his ambition, the hope of +his existence, the shelter of his family; in a word, the corner- +stone of the domestic dwelling, of communities, and of the +political State." + + +Possession alone produced all that. + + +"Eternal principle,--" + + +Property is eternal, like every negation,-- + + +"Of all social and civil institutions." + + +For that reason, every institution and every law based on +property will perish. + + +"It is a boon as precious as liberty." + + +For the rich proprietor. + + +"In fact, the cause of the cultivation of the habitable earth." + +If the cultivator ceased to be a tenant, would the land be worse +cared for? + + +"The guarantee and the morality of labor." + + +Under the regime of property, labor is not a condition, but a +privilege. + + +"The application of justice." + + +What is justice without equality of fortunes? A balance with +false weights. + + +"All morality,--" + + +A famished stomach knows no morality,-- + + +"All public order,--" + + +Certainly, the preservation of property,-- + +"Rest on the right of property."[1] + +[1 Giraud, "Investigations into the Right of Property among the +Romans." + + + + + +Corner-stone of all which is, stumbling-block of all which ought +to be,--such is property. + + +To sum up and conclude:-- + +Not only does occupation lead to equality, it PREVENTS +property. For, since every man, from the fact of his existence, +has the right of occupation, and, in order to live, must have +material for cultivation on which he may labor; and since, on the +other hand, the number of occupants varies continually with the +births and deaths,--it follows that the quantity of material +which each laborer may claim varies with the number of occupants; +consequently, that occupation is always subordinate to +population. Finally, that, inasmuch as possession, in right, can +never remain fixed, it is impossible, in fact, that it can ever +become property. + +Every occupant is, then, necessarily a possessor or +usufructuary,--a function which excludes proprietorship. Now, +this is the right of the usufructuary: he is responsible for the +thing entrusted to him; he must use it in conformity with general +utility, with a view to its preservation and development; he has +no power to transform it, to diminish it, or to change its +nature; he cannot so divide the usufruct that another shall +perform the labor while he receives the product. In a word, the +usufructuary is under the supervision of society, submitted to +the condition of labor and the law of equality. + +Thus is annihilated the Roman definition of property--THE RIGHT +OF USE AND ABUSE--an immorality born of violence, the +most monstrous pretension that the civil laws ever +sanctioned. Man receives his usufruct from the hands of society, +which alone is the permanent possessor. The individual passes +away, society is deathless. + +What a profound disgust fills my soul while discussing such +simple truths ! Do we doubt these things to-day? Will it be +necessary to again take arms for their triumph? And can force, +in default of reason, alone introduce them into our laws? + +ALL HAVE AN EQUAL RIGHT OF OCCUPANCY. + +THE AMOUNT OCCUPIED BEING MEASURED, NOT BY THE WILL, BUT BY THE +VARIABLE CONDITIONS OF SPACE AND NUMBER, PROPERTY CANNOT EXIST. + +This no code has ever expressed; this no constitution can admit! +These are axioms which the civil law and the law of nations +deny! . . . . . + +But I hear the exclamations of the partisans of another system: +"Labor, labor! that is the basis of property!" + +Reader, do not be deceived. This new basis of property is worse +than the first, and I shall soon have to ask your pardon for +having demonstrated things clearer, and refuted pretensions more +unjust, than any which we have yet considered. + + + +CHAPTER III. +LABOR AS THE EFFICIENT CAUSE OF THE DOMAIN OF PROPERTY. + +Nearly all the modern writers on jurisprudence, taking their cue +from the economists, have abandoned the theory of first occupancy +as a too dangerous one, and have adopted that which regards +property as born of labor. In this they are deluded; they reason +in a circle. To labor it is necessary to occupy, says M. Cousin. + +Consequently, I have added in my turn, all having an equal right +of occupancy, to labor it is necessary to submit to equality. +"The rich," exclaims Jean Jacques, "have the arrogance to say, `I +built this wall; I earned this land by my labor.' Who set you +the tasks? we may reply, and by what right do you demand payment +from us for labor which we did not impose upon you?" All +sophistry falls to the ground in the presence of this argument. + +But the partisans of labor do not see that their system is an +absolute contradiction of the Code, all the articles and +provisions of which suppose property to be based upon the fact of +first occupancy. If labor, through the appropriation which +results from it, alone gives birth to property, the Civil Code +lies, the charter is a falsehood, our whole social system is a +violation of right. To this conclusion shall we come, at the +end of the discussion which is to occupy our attention in this +chapter and the following one, both as to the right of labor and +the fact of property. We shall see, on the one hand, our +legislation in opposition to itself; and, on the other hand, our +new jurisprudence in opposition both to its own principle and to +our legislation. + +I have asserted that the system which bases property upon labor +implies, no less than that which bases it upon occupation, the +equality of fortunes; and the reader must be impatient to learn +how I propose to deduce this law of equality from the inequality +of skill and faculties: directly his curiosity shall be +satisfied. But it is proper that I should call his attention for +a moment to this remarkable feature of the process; to wit, the +substitution of labor for occupation as the principle of +property; and that I should pass rapidly in review some of the +prejudices to which proprietors are accustomed to appeal, which +legislation has sanctioned, and which the system of labor +completely overthrows. + +Reader, were you ever present at the examination of a criminal? +Have you watched his tricks, his turns, his evasions, his +distinctions, his equivocations? Beaten, all his assertions +overthrown, pursued like a fallow deer by the in exorable judge, +tracked from hypothesis to hypothesis,--he makes a statement, he +corrects it, retracts it, contradicts it, he exhausts all the +tricks of dialectics, more subtle, more ingenious a thousand +times than he who invented the seventy-two forms of the +syllogism. So acts the proprietor when called upon to defend his +right. At first he refuses to reply, he exclaims, he threatens, +he defies; then, forced to accept the discussion, he arms himself +with chicanery, he surrounds himself with formidable artillery,-- +crossing his fire, opposing one by one and all together +occupation, possession, limitation, covenants, immemorial +custom, and universal consent. Conquered on this ground, the +proprietor, like a wounded boar, turns on his pursuers. "I have +done more than occupy," he cries with terrible emotion; "I have +labored, produced, improved, transformed, CREATED. This house, +these fields, these trees are the work of my hands; I changed +these brambles into a vineyard, and this bush into a fig-tree; +and to-day I reap the harvest of my labors. I have enriched the +soil with my sweat; I have paid those men who, had they not had +the work which I gave them, would have died of hunger. No one +shared with me the trouble and expense; no one shall share with +me the benefits." + +You have labored, proprietor! why then do you speak of original +occupancy? What, were you not sure of your right, or did you +hope to deceive men, and make justice an illusion? Make haste, +then, to acquaint us with your mode of defence, for the judgment +will be final; and you know it to be a question of restitution. + +You have labored! but what is there in common between the labor +which duty compels you to perform, and the appropriation of +things in which there is a common interest? Do you not know that +domain over the soil, like that over air and light, cannot be +lost by prescription? + +You have labored! have you never made others labor? Why, then, +have they lost in laboring for you what you have gained in not +laboring for them? + +You have labored! very well; but let us see the results of your +labor. We will count, weigh, and measure them. It will be the +judgment of Balthasar; for I swear by balance, level, and square, +that if you have appropriated another's labor in any way +whatsoever, you shall restore it every stroke. + +Thus, the principle of occupation is abandoned; no longer is it +said, "The land belongs to him who first gets possession of it. +Property, forced into its first intrenchment, repudiates its old +adage; justice, ashamed, retracts her maxims, and sorrow lowers +her bandage over her blushing cheeks. And it was but yesterday +that this progress in social philosophy began: fifty centuries +required for the extirpation of a lie! During this lamentable +period, how many usurpations have been sanctioned, how many +invasions glorified, how many conquests celebrated! The absent +dispossessed, the poor banished, the hungry excluded by wealth, +which is so ready and bold in action! Jealousies and wars, +incendiarism and bloodshed, among the nations! But henceforth, +thanks to the age and its spirit, it is to be admitted that the +earth is not a prize to be won in a race; in the absence of any +other obstacle, there is a place for everybody under the sun. +Each one may harness his goat to the bearn, drive his cattle to +pasture, sow a corner of a field, and bake his bread by his own +fireside. + +But, no; each one cannot do these things. I hear it proclaimed +on all sides, "Glory to labor and industry! to each according to +his capacity; to each capacity according to its results!" And I +see three-fourths of the human race again despoiled, the labor of +a few being a scourge to the labor of the rest. + + +"The problem is solved," exclaims M. Hennequin. "Property, the +daughter of labor, can be enjoyed at present and in the future +only under the protection of the laws. It has its origin in +natural law; it derives its power from civil law; and from the +union of these two ideas, LABOR and PROTECTION, positive +legislation results." . . . + + +Ah! THE PROBLEM IS SOLVED! PROPERTY IS THE DAUGHTER OF LABOR! +What, then, is the right of accession, and the right of +succession, and the right of donation, &c., if not the right to +become a proprietor by simple occupancy? What are your laws +concerning the age of majority, emancipation, guardianship, and +interdiction, if not the various conditions by which he who is +already a laborer gains or loses the right of occupancy; that is, +property? + +Being unable, at this time, to enter upon a detailed discussion +of the Code, I shall content myself with examining the three +arguments oftenest resorted to in support of property. 1. +APPROPRIATION, or the formation of property by possession; 2. +THE CONSENT OF MANKIND; 3. PRESCRIPTION. I shall then +inquire into the effects of labor upon the relative condition of +the laborers and upon property. + +% 1.--The Land cannot be Appropriated. + + +"It would seem that lands capable of cultivation ought to be +regarded as natural wealth, since they are not of human creation, +but Nature's gratuitous gift to man; but inasmuch as this wealth +is not fugitive, like the air and water,--inasmuch as a field is +a fixed and limited space which certain men have been able to +appropriate, to the exclusion of all others who in their turn +have consented to this appropriation,--the land, which was a +natural and gratuitous gift, has become social wealth, for the +use of which we ought to pay."--SAY: POLITICAL ECONOMY. + + +Was I wrong in saying, at the beginning of this chapter, that the +economists are the very worst authorities in matters of +legislation and philosophy? It is the FATHER of this class of +men who clearly states the question, How can the supplies of +Nature, the wealth created by Providence, become private +property? and who replies by so gross an equivocation that we +scarcely know which the author lacks, sense or honesty. What, I +ask, has the fixed and solid nature of the earth to do with the +right of appropriation? I can understand that a thing LIMITED +and STATIONARY, like the land, offers greater chances for +appropriation than the water or the sunshine; that it is easier +to exercise the right of domain over the soil than over the +atmosphere: but we are not dealing with the difficulty of the +thing, and Say confounds the right with the possibility. We do +not ask why the earth has been appropriated to a greater extent +than the sea and the air; we want to know by what right man has +appropriated wealth WHICH HE DID NOT CREATE, AND WHICH NATURE +GAVE TO HIM GRATUITOUSLY. + +Say, then, did not solve the question which he asked. But if he +had solved it, if the explanation which he has given us were as +satisfactory as it is illogical, we should know no better than +before who has a right to exact payment for the use of the soil, +of this wealth which is not man's handiwork. Who is entitled to +the rent of the land? The producer of the land, without doubt. +Who made the land? God. Then, proprietor, retire! + +But the creator of the land does not sell it: he gives it; and, +in giving it, he is no respecter of persons. Why, then, are some +of his children regarded as legitimate, while others are treated +as bastards? If the equality of shares was an original right, +why is the inequality of conditions a posthumous right? + +Say gives us to understand that if the air and the water were not +of a FUGITIVE nature, they would have been appropriated. Let +me observe in passing that this is more than an hypothesis; it is +a reality. Men have appropriated the air and the water, I will +not say as often as they could, but as often as they have been +allowed to. + +The Portuguese, having discovered the route to India by the Cape +of Good Hope, pretended to have the sole right to that route; and +Grotius, consulted in regard to this matter by the Dutch who +refused to recognize this right, wrote expressly for this +occasion his treatise on the "Freedom of the Seas," to prove that +the sea is not liable to appropriation. + +The right to hunt and fish used always to be confined to lords +and proprietors; to-day it is leased by the government and +communes to whoever can pay the license-fee and the rent. To +regulate hunting and fishing is an excellent idea, but to make it +a subject of sale is to create a monopoly of air and water. + +What is a passport? A universal recommendation of the +traveller's person; a certificate of security for himself and his +property. The treasury, whose nature it is to spoil the best +things, has made the passport a means of espionage and a tax. Is +not this a sale of the right to travel? + +Finally, it is permissible neither to draw water from a spring +situated in another's grounds without the permission of the +proprietor, because by the right of accession the spring belongs +to the possessor of the soil, if there is no other claim; nor to +pass a day on his premises without paying a tax; nor to look at a +court, a garden, or an orchard, without the consent of the +proprietor; nor to stroll in a park or an enclosure against the +owner's will: every one is allowed to shut himself up and to +fence himself in. All these prohibitions are so many positive +interdictions, not only of the land, but of the air and water. +We who belong to the proletaire class: property excommunicates +us! _Terra, et aqua, et aere, et igne interdicti sumus_. + +Men could not appropriate the most fixed of all the elements +without appropriating the three others; since, by French and +Roman law, property in the surface carries with it property from +zenith to nadir--_Cujus est solum, ejus est usque ad caelum_. +Now, if the use of water, air, and fire excludes property, so +does the use of the soil. This chain of reasoning seems to +have been presented by M. Ch. Comte, in his "Treatise on +Property," chap. 5. + + +"If a man should be deprived of air for a few moments only, he +would cease to exist, and a partial deprivation would cause him +severe suffering; a partial or complete deprivation of food would +produce like effects upon him though less suddenly; it would be +the same, at least in certain climates! were he deprived of all +clothing and shelter. . . . To sustain life, then, man needs +continually to appropriate many different things. But these +things do not exist in like proportions. Some, such as the light +of the stars, the atmosphere of the earth, the water composing +the seas and oceans, exist in such large quantities that men +cannot perceive any sensible increase or diminution; each one can +appropriate as much as his needs require without detracting from +the enjoyment of others, without causing them the least harm. +Things of this sort are, so to speak, the common property of the +human race; the only duty imposed upon each individual in this +regard is that of infringing not at all upon the rights of +others." + + +Let us complete the argument of M. Ch. Comte. A man who should +be prohibited from walking in the highways, from resting in the +fields, from taking shelter in caves, from lighting fires, from +picking berries, from gathering herbs and boiling them in a bit +of baked clay,--such a man could not live. Consequently the +earth--like water, air, and light--is a primary object of +necessity which each has a right to use freely, without +infringing another's right. Why, then, is the earth +appropriated? M. Ch. Comte's reply is a curious one. Say +pretends that it is because it is not FUGITIVE; M. Ch. Comte +assures us that it is because it is not INFINITE. The land is +limited in amount. Then, according to M. Ch. Comte, it ought to +be appropriated. It would seem, on the contrary, that he ought +to say, Then it ought not to be appropriated. Because, no matter +how large a quantity of air or light any one appropriates, no one +is damaged thereby; there always remains enough for all. With +the soil, it is very different. Lay hold who will, or who +can, of the sun's rays, the passing breeze, or the sea's billows; +he has my consent, and my pardon for his bad intentions. But let +any living man dare to change his right of territorial possession +into the right of property, and I will declare war upon him, and +wage it to the death! + +M. Ch. Comte's argument disproves his position. "Among the +things necessary to the preservation of life," he says, "there +are some which exist in such large quantities that they are +inexhaustible; others which exist in lesser quantities, and can +satisfy the wants of only a certain number of persons. The +former are called COMMON, the latter PRIVATE." + +This reasoning is not strictly logical. Water, air, and light +are COMMON things, not because they are INEXHAUSTIBLE, but +because they are INDISPENSABLE; and so indispensable that for +that very reason Nature has created them in quantities almost +infinite, in order that their plentifulness might prevent their +appropriation. Likewise the land is indispensable to our +existence,--consequently a common thing, consequently +insusceptible of appropriation; but land is much scarcer than the +other elements, therefore its use must be regulated, not for the +profit of a few, but in the interest and for the security of all. + +In a word, equality of rights is proved by equality of needs. +Now, equality of rights, in the case of a commodity which is +limited in amount, can be realized only by equality of +possession. An agrarian law underlies M. Ch. Comte's arguments. + +From whatever point we view this question of property--provided +we go to the bottom of it--we reach equality. I will not insist +farther on the distinction between things which can, and things +which cannot, be appropriated. On this point, economists and +legists talk worse than nonsense. The Civil Code, after having +defined property, says nothing about susceptibility of +appropriation; and if it speaks of things which are in THE +MARKET, it always does so without enumerating or describing +them. However, light is not wanting. There are some few maxims +such as these: _Ad reges potestas omnium pertinet, ad singulos +proprietas; Omnia rex imperio possidet, singula dominio_. Social +sovereignty opposed to private property!--might not that be +called a prophecy of equality, a republican oracle? Examples +crowd upon us: once the possessions of the church, the estates of +the crown, the fiefs of the nobility were inalienable and +imprescriptible. If, instead of abolishing this privilege, the +Constituent had extended it to every individual; if it had +declared that the right of labor, like liberty, can never be +forfeited,--at that moment the revolution would have been +consummated, and we could now devote ourselves to improvement in +other directions. + +% 2.--Universal Consent no Justification of Property. + + +In the extract from Say, quoted above, it is not clear whether +the author means to base the right of property on the stationary +character of the soil, or on the consent which he thinks all men +have granted to this appropriation. His language is such that it +may mean either of these things, or both at once; which entitles +us to assume that the author intended to say, "The right of +property resulting originally from the exercise of the will, the +stability of the soil permitted it to be applied to the land, and +universal consent has since sanctioned this application." + +However that may be, can men legitimate property by mutual +consent? I say, no. Such a contract, though drafted by Grotius, +Montesquieu, and J. J. Rousseau, though signed by the whole human +race, would be null in the eyes of justice, and an act to +enforce it would be illegal. Man can no more give up labor than +liberty. Now, to recognize the right of territorial property is +to give up labor, since it is to relinquish the means of labor; +it is to traffic in a natural right, and divest ourselves of +manhood. + +But I wish that this consent, of which so much is made, had been +given, either tacitly or formally. What would have been the +result? Evidently, the surrenders would have been reciprocal; no +right would have been abandoned without the receipt of an +equivalent in exchange. We thus come back to equality again,-- +the sine qua non of appropriation; so that, after having +justified property by universal consent, that is, by equality, we +are obliged to justify the inequality of conditions by property. +Never shall we extricate ourselves from this dilemma. Indeed, +if, in the terms of the social compact, property has equality for +its condition, at the moment when equality ceases to exist, the +compact is broken and all property becomes usurpation. We gain +nothing, then, by this pretended consent of mankind. + + +% 3.--Prescription Gives No Title to Property. + + +The right of property was the origin of evil on the earth, the +first link in the long chain of crimes and misfortunes which the +human race has endured since its birth. The delusion of +prescription is the fatal charm thrown over the intellect, the +death sentence breathed into the conscience, to arrest man's +progress towards truth, and bolster up the worship of error. + +The Code defines prescription thus: "The process of gaining and +losing through the lapse of time." In applying this definition +to ideas and beliefs, we may use the word PRESCRIPTION to +denote the everlasting prejudice in favor of old +superstitions, whatever be their object; the opposition, +often furious and bloody, with which new light has always been +received, and which makes the sage a martyr. Not a principle, +not a discovery, not a generous thought but has met, at its +entrance into the world, with a formidable barrier of +preconceived opinions, seeming like a conspiracy of all old +prejudices. Prescriptions against reason, prescriptions against +facts, prescriptions against every truth hitherto unknown,--that +is the sum and substance of the _statu quo_ philosophy, the +watchword of conservatives throughout the centuries. + +When the evangelical reform was broached to the world, there was +prescription in favor of violence, debauchery, and selfishness; +when Galileo, Descartes, Pascal, and their disciples +reconstructed philosophy and the sciences, there was prescription +in favor of the Aristotelian philosophy; when our fathers of '89 +demanded liberty and equality, there was prescription in favor of +tyranny and privilege. "There always have been proprietors and +there always will be:" it is with this profound utterance, the +final effort of selfishness dying in its last ditch, that the +friends of social inequality hope to repel the attacks of their +adversaries; thinking undoubtedly that ideas, like property, can +be lost by prescription. + +Enlightened to-day by the triumphal march of science, taught by +the most glorious successes to question our own opinions, we +receive with favor and applause the observer of Nature, who, by a +thousand experiments based upon the most profound analysis, +pursues a new principle, a law hitherto undiscovered. We take +care to repel no idea, no fact, under the pretext that abler men +than ourselves lived in former days, who did not notice the same +phenomena, nor grasp the same analogies. Why do we not preserve +a like attitude towards political and philosophical questions? +Why this ridiculous mania for affirming that every thing has +been said, which means that we know all about mental and moral +science? Why is the proverb, THERE IS NOTHING NEW UNDER THE +SUN, applied exclusively to metaphysical investigations? + +Because we still study philosophy with the imagination, instead +of by observation and method; because fancy and will are +universally regarded as judges, in the place of arguments and +facts,--it has been impossible to this day to distinguish the +charlatan from the philosopher, the savant from the impostor. +Since the days of Solomon and Pythagoras, imagination has been +exhausted in guessing out social and psychological laws; all +systems have been proposed. Looked at in this light, it is +probably true that EVERY THING HAS BEEN SAID; but it is no less +true that EVERY THING REMAINS TO BE PROVED. In politics (to +take only this branch of philosophy), in politics every one is +governed in his choice of party by his passion and his interests; +the mind is submitted to the impositions of the will,--there is +no knowledge, there is not even a shadow of certainty. In this +way, general ignorance produces general tyranny; and while +liberty of thought is written in the charter, slavery of thought, +under the name of MAJORITY RULE, is decreed by the charter. + +In order to confine myself to the civil prescription of which the +Code speaks, I shall refrain from beginning a discussion upon +this worn-out objection brought forward by proprietors; it would +be too tiresome and declamatory. Everybody knows that there are +rights which cannot be prescribed; and, as for those things which +can be gained through the lapse of time, no one is ignorant of +the fact that prescription requires certain conditions, the +omission of one of which renders it null. If it is true, for +example, that the proprietor's possession has been CIVIL, +PUBLIC, PEACEABLE, and UNINTERRUPTED, it is none the less +true that it is not based on a just title; since the only titles +which it can show--occupation and labor--prove as much for the +proletaire who demands, as for the proprietor who defends. +Further, this possession is DISHONEST, since it is founded on a +violation of right, which prevents prescription, according to the +saying of St. Paul--_Nunquam in usucapionibus juris error +possessori prodest_. The violation of right lies either in the +fact that the holder possesses as proprietor, while he should +possess only as usufructuary; or in the fact that he has +purchased a thing which no one had a right to transfer or sell. + +Another reason why prescription cannot be adduced in favor of +property (a reason borrowed from jurisprudence) is that the right +to possess real estate is a part of a universal right which has +never been totally destroyed even at the most critical periods; +and the proletaire, in order to regain the power to exercise it +fully, has only to prove that he has always exercised it in part. + +He, for example, who has the universal right to possess, give, +exchange, loan, let, sell, transform, or destroy a thing, +preserves the integrity of this right by the sole act of loaning, +though he has never shown his authority in any other manner. +Likewise we shall see that EQUALITY OF POSSESSIONS, EQUALITY OF +RIGHTS, LIBERTY, WILL, PERSONALITY, are so many identical +expressions of one and the same idea,--the RIGHT OF +PRESERVATION and DEVELOPMENT; in a word, the right of life, +against which there can be no prescription until the human race +has vanished from the face of the earth. + +Finally, as to the time required for prescription, it would be +superfluous to show that the right of property in general cannot +be acquired by simple possession for ten, twenty, a hundred, a +thousand, or one hundred thousand years; and that, so long as +there exists a human head capable of understanding and +combating the right of property, this right will never be +prescribed. For principles of jurisprudence and axioms of reason +are different from accidental and contingent facts. One man's +possession can prescribe against another man's possession; but +just as the possessor cannot prescribe against himself, so reason +has always the faculty of change and reformation. Past error is +not binding on the future. Reason is always the same eternal +force. The institution of property, the work of ignorant reason, +may be abrogated by a more enlightened reason. Consequently, +property cannot be established by prescription. This is so +certain and so true, that on it rests the maxim that in the +matter of prescription a violation of right goes for nothing. + +But I should be recreant to my method, and the reader would have +the right to accuse me of charlatanism and bad faith, if I had +nothing further to advance concerning prescription. I showed, in +the first place, that appropriation of land is illegal; and that, +supposing it to be legal, it must be accompanied by equality of +property. I have shown, in the second place, that universal +consent proves nothing in favor of property; and that, if it +proves any thing, it proves equality of property. I have yet to +show that prescription, if admissible at all, presupposes +equality of property. + +This demonstration will be neither long nor difficult. I need +only to call attention to the reasons why prescription was +introduced. + + +"Prescription," says Dunod, "seems repugnant to natural equity, +which permits no one either to deprive another of his possessions +without his knowledge and consent, or to enrich himself at +another's expense. But as it might often happen, in the absence +of prescription, that one who had honestly earned would be ousted +after long possession; and even that he who had received a thing +from its rightful owner, or who had been legitimately relieved +from all obligations, would, on losing his title, be liable +to be dispossessed or subjected again,--the public welfare +demanded that a term should be fixed, after the expiration of +which no one should be allowed to disturb actual possessors, or +reassert rights too long neglected. . . . The civil law, in +regulating prescription, has aimed, then, only to perfect natural +law, and to supplement the law of nations; and as it is founded +on the public good, which should always be considered before +individual welfare,--_bono publico usucapio introducta est_,--it +should be regarded with favor, provided the conditions required +by the law are fulfilled." + +Toullier, in his "Civil Law," says: "In order that the question +of proprietorship may not remain too long unsettled, and thereby +injure the public welfare, disturbing the peace of families and +the stability of social transactions, the law has fixed a time +when all claims shall be cancelled, and possession shall regain +its ancient prerogative through its transformation into +property." + + +Cassiodorus said of property, that it was the only safe harbor in +which to seek shelter from the tempests of chicanery and the +gales of avarice--_Hic unus inter humanas pro cellas portus, quem +si homines fervida voluntate praeterierint; in undosis semper +jurgiis errabunt_. + +Thus, in the opinion of the authors, prescription is a means of +preserving public order; a restoration in certain cases of the +original mode of acquiring property; a fiction of the civil law +which derives all its force from the necessity of settling +differences which otherwise would never end. For, as Grotius +says, time has no power to produce effects; all things happen in +time, but nothing is done by time. Prescription, or the right of +acquisition through the lapse of time, is, therefore, a fiction +of the law, conventionally adopted. + +But all property necessarily originated in prescription, or, as +the Latins say, in _usucapion;_ that is, in continued possession. + +I ask, then, in the first place, how possession can become +property by the lapse of time? Continue possession as long as +you wish, continue it for years and for centuries, you never +can give duration--which of itself creates nothing, changes +nothing, modifies nothing--the power to change the usufructuary +into a proprietor. Let the civil law secure against chance- +comers the honest possessor who has held his position for many +years,--that only confirms a right already respected; and +prescription, applied in this way, simply means that possession +which has continued for twenty, thirty, or a hundred years shall +be retained by the occupant. But when the law declares that the +lapse of time changes possessor into proprietor, it supposes that +a right can be created without a producing cause; it +unwarrantably alters the character of the subject; it legislates +on a matter not open to legislation; it exceeds its own powers. +Public order and private security ask only that possession shall +be protected. Why has the law created property? Prescription +was simply security for the future; why has the law made it a +matter of privilege? + +Thus the origin of prescription is identical with that of +property itself; and since the latter can legitimate itself only +when accompanied by equality, prescription is but another of the +thousand forms which the necessity of maintaining this precious +equality has taken. And this is no vain induction, no far- +fetched inference. The proof is written in all the codes. + +And, indeed, if all nations, through their instinct of justice +and their conservative nature, have recognized the utility and +the necessity of prescription; and if their design has been to +guard thereby the interests of the possessor,--could they not do +something for the absent citizen, separated from his family and +his country by commerce, war, or captivity, and in no position to +exercise his right of possession? No. Also, at the same time +that prescription was introduced into the laws, it was +admitted that property is preserved by intent alone,--_nudo +animo_. Now, if property is preserved by intent alone, if it can +be lost only by the action of the proprietor, what can be the use +of prescription? How does the law dare to presume that the +proprietor, who preserves by intent alone, intended to abandon +that which he has allowed to be prescribed? What lapse of time +can warrant such a conjecture; and by what right does the law +punish the absence of the proprietor by depriving him of his +goods? What then! we found but a moment since that prescription +and property were identical; and now we find that they are +mutually destructive! + +Grotius, who perceived this difficulty, replied so singularly +that his words deserve to be quoted: _ Bene sperandum de +hominibus, ac propterea non putandum eos hoc esse animo ut, rei +caducae causa, hominem alterum velint in perpetuo peccato +versari, quo d evitari saepe non poterit sine tali derelictione_. + +"Where is the man," he says, "with so unchristian a soul that, +for a trifle, he would perpetuate the trespass of a possessor, +which would inevitably be the result if he did not consent to +abandon his right?" By the Eternal! I am that man. Though a +million proprietors should burn for it in hell, I lay the blame +on them for depriving me of my portion of this world's goods. To +this powerful consideration Grotius rejoins, that it is better to +abandon a disputed right than to go to law, disturb the peace of +nations, and stir up the flames of civil war. I accept, if you +wish it, this argument, provided you indemnify me. But if this +indemnity is refused me, what do I, a proletaire, care for the +tranquillity and security of the rich? I care as little for +PUBLIC ORDER as for the proprietor's safety. I ask to live a +laborer; otherwise I will die a warrior. + +Whichever way we turn, we shall come to the conclusion that +prescription is a contradiction of property; or rather that +prescription and property are two forms of the same principle, +but two forms which serve to correct each other; and ancient and +modern jurisprudence did not make the least of its blunders in +pretending to reconcile them. Indeed, if we see in the +institution of property only a desire to secure to each +individual his share of the soil and his right to labor; in the +distinction between naked property and possession only an asylum +for absentees, orphans, and all who do not know, or cannot +maintain, their rights; in prescription only a means, either of +defence against unjust pretensions and encroachments, or of +settlement of the differences caused by the removal of +possessors,--we shall recognize in these various forms of human +justice the spontaneous efforts of the mind to come to the aid of +the social instinct; we shall see in this protection of all +rights the sentiment of equality, a constant levelling tendency. +And, looking deeper, we shall find in the very exaggeration of +these principles the confirmation of our doctrine; because, if +equality of conditions and universal association are not soon +realized, it will be owing to the obstacle thrown for the time in +the way of the common sense of the people by the stupidity of +legislators and judges; and also to the fact that, while society +in its original state was illuminated with a flash of truth, the +early speculations of its leaders could bring forth nothing but +darkness. + +After the first covenants, after the first draughts of laws and +constitutions, which were the expression of man's primary needs, +the legislator's duty was to reform the errors of legislation; to +complete that which was defective; to harmonize, by superior +definitions, those things which seemed to conflict. Instead of +that, they halted at the literal meaning of the laws, content to +play the subordinate part of commentators and scholiasts. +Taking the inspirations of the human mind, at that time +necessarily weak and faulty, for axioms of eternal and +unquestionable truth,--influenced by public opinion, enslaved by +the popular religion,--they have invariably started with the +principle (following in this respect the example of the +theologians) that that is infallibly true which has been admitted +by all persons, in all places, and at all times--_quod ab +omnibus, quod ubique, quod semper;_ as if a general but +spontaneous opinion was any thing more than an indication of the +truth. Let us not be deceived: the opinion of all nations may +serve to authenticate the perception of a fact, the vague +sentiment of a law; it can teach us nothing about either fact or +law. The consent of mankind is an indication of Nature; not, as +Cicero says, a law of Nature. Under the indication is hidden the +truth, which faith can believe, but only thought can know. Such +has been the constant progress of the human mind in regard to +physical phenomena and the creations of genius: how can it be +otherwise with the facts of conscience and the rules of human +conduct? + +% 4.--Labor--That Labor Has No Inherent Power to Appropriate +Natural Wealth. + + +We shall show by the maxims of political economy and law, that +is, by the authorities recognized by property,-- + +1. That labor has no inherent power to appropriate natural +wealth. + +2. That, if we admit that labor has this power, we are led +directly to equality of property,--whatever the kind of labor, +however scarce the product, or unequal the ability of the +laborers. + +3. That, in the order of justice, labor DESTROYS property. + +Following the example of our opponents, and that we may +leave no obstacles in the path, let us examine the question +in the strongest possible light. + +M. Ch. Comte says, in his "Treatise on Property:"-- + + +"France, considered as a nation, has a territory which is her +own." + + +France, as an individuality, possesses a territory which she +cultivates; it is not her property. Nations are related to each +other as individuals are: they are commoners and workers; it is +an abuse of language to call them proprietors. The right of use +and abuse belongs no more to nations than to men; and the time +will come when a war waged for the purpose of checking a nation +in its abuse of the soil will be regarded as a holy war. + +Thus, M. Ch. Comte--who undertakes to explain how property comes +into existence, and who starts with the supposition that a nation +is a proprietor--falls into that error known as BEGGING THE +QUESTION; a mistake which vitiates his whole argument. + +If the reader thinks it is pushing logic too far to question a +nation's right of property in the territory which it possesses, I +will simply remind him of the fact that at all ages the results +of the fictitious right of national property have been +pretensions to suzerainty, tributes, monarchical privileges, +statute-labor, quotas of men and money, supplies of merchandise, +&c.; ending finally in refusals to pay taxes, insurrections, +wars, and depopulations. + + +"Scattered through this territory are extended tracts of land, +which have not been converted into individual property. These +lands, which consist mainly of forests, belong to the whole +population, and the government, which receives the revenues, uses +or ought to use them in the interest of all." + +OUGHT TO USE is well said: a lie is avoided thereby. + +"Let them be offered for sale. . . ." + + +Why offered for sale? Who has a right to sell them? Even were +the nation proprietor, can the generation of to-day dispossess +the generation of to-morrow? The nation, in its function of +usufructuary, possesses them; the government rules, superintends, +and protects them. If it also granted lands, it could grant only +their use; it has no right to sell them or transfer them in any +way whatever. Not being a proprietor, how can it transmit +property? + + +"Suppose some industrious man buys a portion, a large swamp for +example. This would be no usurpation, since the public would +receive the exact value through the hands of the government, and +would be as rich after the sale as before." + + +How ridiculous! What! because a prodigal, imprudent, incompetent +official sells the State's possessions, while I, a ward of the +State,--I who have neither an advisory nor a deliberative voice +in the State councils,--while I am allowed to make no opposition +to the sale, this sale is right and legal! The guardians of the +nation waste its substance, and it has no redress! I have +received, you tell me, through the hands of the government my +share of the proceeds of the sale: but, in the first place, I did +not wish to sell; and, had I wished to, I could not have sold. I +had not the right. And then I do not see that I am benefited by +the sale. My guardians have dressed up some soldiers, repaired +an old fortress, erected in their pride some costly but worthless +monument,--then they have exploded some fireworks and set up a +greased pole! What does all that amount to in comparison with my +loss? + +The purchaser draws boundaries, fences himself in, and says, +"This is mine; each one by himself, each one for himself." Here, +then, is a piece of land upon which, henceforth, no one has +a right to step, save the proprietor and his friends; which can +benefit nobody, save the proprietor and his servants. Let these +sales multiply, and soon the people--who have been neither able +nor willing to sell, and who have received none of the proceeds +of the sale--will have nowhere to rest, no place of shelter, no +ground to till. They will die of hunger at the proprietor's +door, on the edge of that property which was their birthright; +and the proprietor, watching them die, will exclaim, " So perish +idlers and vagrants!" + +To reconcile us to the proprietor's usurpation, M. Ch. Comte +assumes the lands to be of little value at the time of sale. + + +"The importance of these usurpations should not be exaggerated: +they should be measured by the number of men which the occupied +land would support, and by the means which it would furnish them. + +It is evident, for instance, that if a piece of land which is +worth to-day one thousand francs was worth only five centimes +when it was usurped, we really lose only the value of five +centimes. A square league of earth would be hardly sufficient to +support a savage in distress; to-day it supplies one thousand +persons with the means of existence. Nine hundred and ninety- +nine parts of this land is the legitimate property of the +possessors; only one-thousandth of the value has been usurped." + + +A peasant admitted one day, at confession, that he had destroyed +a document which declared him a debtor to the amount of three +hundred francs. Said the father confessor, "You must return +these three hundred francs." "No," replied the peasant, "I will +return a penny to pay for the paper." + +M. Ch. Comte's logic resembles this peasant's honesty. The soil +has not only an integrant and actual value, it has also a +potential value,--a value of the future,--which depends on our +ability to make it valuable, and to employ it in our work. +Destroy a bill of exchange, a promissory note, an annuity +deed,--as a paper you destroy almost no value at all; but with +this paper you destroy your title, and, in losing your title, you +deprive yourself of your goods. Destroy the land, or, what is +the same thing, sell it,--you not only transfer one, two, or +several crops, but you annihilate all the products that you could +derive from it; you and your children and your children's +children. + +When M. Ch. Comte, the apostle of property and the eulogist of +labor, supposes an alienation of the soil on the part of the +government, we must not think that he does so without reason and +for no purpose; it is a necessary part of his position. As he +rejected the theory of occupancy, and as he knew, moreover, that +labor could not constitute the right in the absence of a previous +permission to occupy, he was obliged to connect this permission +with the authority of the government, which means that property +is based upon the sovereignty of the people; in other words, upon +universal consent. This theory we have already considered. + +To say that property is the daughter of labor, and then to give +labor material on which to exercise itself, is, if I am not +mistaken, to reason in a circle. Contradictions will result from +it. + + +"A piece of land of a certain size produces food enough to supply +a man for one day. If the possessor, through his labor, +discovers some method of making it produce enough for two days, +he doubles its value. This new value is his work, his creation: +it is taken from nobody; it is his property." + + +I maintain that the possessor is paid for his trouble and +industry in his doubled crop, but that he acquires no right to +the land. "Let the laborer have the fruits of his labor." Very +good; but I do not understand that property in products carries +with it property in raw material. Does the skill of the +fisherman, who on the same coast can catch more fish than +his fellows, make him proprietor of the fishing-grounds? Can the +expertness of a hunter ever be regarded as a property-title to a +game-forest? The analogy is perfect,--the industrious cultivator +finds the reward of his industry in the abundancy and superiority +of his crop. If he has made improvements in the soil, he has the +possessor's right of preference. Never, under any circumstances, +can he be allowed to claim a property-title to the soil which he +cultivates, on the ground of his skill as a cultivator. + +To change possession into property, something is needed besides +labor, without which a man would cease to be proprietor as soon +as he ceased to be a laborer. Now, the law bases property upon +immemorial, unquestionable possession; that is, prescription. +Labor is only the sensible sign, the physical act, by which +occupation is manifested. If, then, the cultivator remains +proprietor after he has ceased to labor and produce; if his +possession, first conceded, then tolerated, finally becomes +inalienable,--it happens by permission of the civil law, and by +virtue of the principle of occupancy. So true is this, that +there is not a bill of sale, not a farm lease, not an annuity, +but implies it. I will quote only one example. + +How do we measure the value of land? By its product. If a piece +of land yields one thousand francs, we say that at five per cent. +it is worth twenty thousand francs; at four per cent. twenty-five +thousand francs, &c.; which means, in other words, that in twenty +or twenty-five years' time the purchaser would recover in full +the amount originally paid for the land. If, then, after a +certain length of time, the price of a piece of land has been +wholly recovered, why does the purchaser continue to be +proprietor? Because of the right of occupancy, in the +absence of which every sale would be a redemption. + +The theory of appropriation by labor is, then, a contradiction of +the Code; and when the partisans of this theory pretend to +explain the laws thereby, they contradict themselves. + + +"If men succeed in fertilizing land hitherto unproductive, or +even death-producing, like certain swamps, they create thereby +property in all its completeness." + + +What good does it do to magnify an expression, and play with +equivocations, as if we expected to change the reality thereby? +THEY CREATE PROPERTY IN ALL ITS COMPLETENESS. You mean that +they create a productive capacity which formerly did not exist; +but this capacity cannot be created without material to support +it. The substance of the soil remains the same; only its +qualities and modifications are changed. Man has created every +thing--every thing save the material itself. Now, I maintain +that this material he can only possess and use, on condition of +permanent labor,--granting, for the time being, his right of +property in things which he has produced. + +This, then, is the first point settled: property in product, if +we grant so much, does not carry with it property in the means of +production; that seems to me to need no further demonstration. +There is no difference between the soldier who possesses his +arms, the mason who possesses the materials committed to his +care, the fisherman who possesses the water, the hunter who +possesses the fields and forests, and the cultivator who +possesses the lands: all, if you say so, are proprietors of their +products--not one is proprietor of the means of production. The +right to product is exclusive--jus in re; the right to means is +common--jus ad rem. + + +% 5.--That Labor leads to Equality of Property. + + +Admit, however, that labor gives a right of property in material. + +Why is not this principle universal? Why is the benefit of this +pretended law confined to a few and denied to the mass of +laborers? A philosopher, arguing that all animals sprang up +formerly out of the earth warmed by the rays of the sun, almost +like mushrooms, on being asked why the earth no longer yielded +crops of that nature, replied: "Because it is old, and has lost +its fertility." Has labor, once so fecund, likewise become +sterile? Why does the tenant no longer acquire through his labor +the land which was formerly acquired by the labor of the +proprietor? + +"Because," they say, "it is already appropriated." That is no +answer. A farm yields fifty bushels per hectare; the skill and +labor of the tenant double this product: the increase is created +by the tenant. Suppose the owner, in a spirit of moderation +rarely met with, does not go to the extent of absorbing this +product by raising the rent, but allows the cultivator to enjoy +the results of his labor; even then justice is not satisfied. +The tenant, by improving the land, has imparted a new value to +the property; he, therefore, has a right to a part of the +property. If the farm was originally worth one hundred thousand +francs, and if by the labor of the tenant its value has risen to +one hundred and fifty thousand francs, the tenant, who produced +this extra value, is the legitimate proprietor of one-third of +the farm. M. Ch. Comte could not have pronounced this doctrine +false, for it was he who said:-- + + +"Men who increase the fertility of the earth are no less useful +to their fellow-men, than if they should create new land." + + +Why, then, is not this rule applicable to the man who +improves the land, as well as to him who clears it? The +labor of the former makes the land worth one; that of the latter +makes it worth two: both create equal values. Why not accord to +both equal property? I defy any one to refute this argument, +without again falling back on the right of first occupancy. + +"But," it will be said, "even if your wish should be granted, +property would not be distributed much more evenly than now. +Land does not go on increasing in value for ever; after two or +three seasons it attains its maximum fertility. That which is +added by the agricultural art results rather from the progress of +science and the diffusion of knowledge, than from the skill of +the cultivator. Consequently, the addition of a few laborers to +the mass of proprietors would be no argument against property." + +This discussion would, indeed, prove a well-nigh useless one, if +our labors culminated in simply extending land-privilege and +industrial monopoly; in emancipating only a few hundred laborers +out of the millions of proletaires. But this also is a +misconception of our real thought, and does but prove the general +lack of intelligence and logic. + +If the laborer, who adds to the value of a thing, has a right of +property in it, he who maintains this value acquires the same +right. For what is maintenance? It is incessant addition,-- +continuous creation. What is it to cultivate? It is to give the +soil its value every year; it is, by annually renewed creation, +to prevent the diminution or destruction of the value of a piece +of land. Admitting, then, that property is rational and +legitimate,--admitting that rent is equitable and just,--I say +that he who cultivates acquires property by as good a title as he +who clears, or he who improves; and that every time a tenant pays +his rent, he obtains a fraction of property in the land +entrusted to his care, the denominator of which is equal to the +proportion of rent paid. Unless you admit this, you fall into +absolutism and tyranny; you recognize class privileges; you +sanction slavery. + +Whoever labors becomes a proprietor--this is an inevitable +deduction from the acknowledged principles of political economy +and jurisprudence. And when I say proprietor, I do not mean +simply (as do our hypocritical economists) proprietor of his +allowance, his salary, his wages,--I mean proprietor of the value +which he creates, and by which the master alone profits. + +As all this relates to the theory of wages and of the +distribution of products,--and as this matter never has been even +partially cleared up,--I ask permission to insist on it: this +discussion will not be useless to the work in hand. Many persons +talk of admitting working-people to a share in the products and +profits; but in their minds this participation is pure +benevolence: they have never shown--perhaps never suspected--that +it was a natural, necessary right, inherent in labor, and +inseparable from the function of producer, even in the lowest +forms of his work. + +This is my proposition: THE LABORER RETAINS, EVEN AFTER HE HAS +RECEIVED HIS WAGES, A NATURAL RIGHT OF PROPERTY IN THE THING +WHICH HE HAS PRODUCED. + +I again quote M. Ch. Comte:-- + + +"Some laborers are employed in draining marshes, in cutting down +trees and brushwood,--in a word, in cleaning up the soil. They +increase the value, they make the amount of property larger; they +are paid for the value which they add in the form of food and +daily wages: it then becomes the property of the capitalist." + + +The price is not sufficient: the labor of the workers has created +a value; now this value is their property. But they have +neither sold nor exchanged it; and you, capitalist, you have not +earned it. That you should have a partial right to the whole, in +return for the materials that you have furnished and the +provisions that you have supplied, is perfectly just. You +contributed to the production, you ought to share in the +enjoyment. But your right does not annihilate that of the +laborers, who, in spite of you, have been your colleagues in the +work of production. Why do you talk of wages? The money with +which you pay the wages of the laborers remunerates them for only +a few years of the perpetual possession which they have abandoned +to you. Wages is the cost of the daily maintenance and +refreshment of the laborer. You are wrong in calling it the +price of a sale. The workingman has sold nothing; he knows +neither his right, nor the extent of the concession which he has +made to you, nor the meaning of the contract which you pretend to +have made with him. On his side, utter ignorance; on yours, +error and surprise, not to say deceit and fraud. + +Let us make this clearer by another and more striking example. + +No one is ignorant of the difficulties that are met with in the +conversion of untilled land into arable and productive land. +These difficulties are so great, that usually an isolated man +would perish before he could put the soil in a condition to yield +him even the most meagre living. To that end are needed the +united and combined efforts of society, and all the resources of +industry. M. Ch. Comte quotes on this subject numerous and well- +authenticated facts, little thinking that he is amassing +testimony against his own system. + +Let us suppose that a colony of twenty or thirty families +establishes itself in a wild district, covered with underbrush +and forests; and from which, by agreement, the natives +consent to withdraw. Each one of these families possesses a +moderate but sufficient amount of capital, of such a nature as a +colonist would be apt to choose,--animals, seeds, tools, and a +little money and food. The land having been divided, each one +settles himself as comfortably as possible, and begins to clear +away the portion allotted to him. But after a few weeks of +fatigue, such as they never before have known, of inconceivable +suffering, of ruinous and almost useless labor, our colonists +begin to complain of their trade; their condition seems hard to +them; they curse their sad existence. + +Suddenly, one of the shrewdest among them kills a pig, cures a +part of the meat; and, resolved to sacrifice the rest of his +provisions, goes to find his companions in misery. "Friends," he +begins in a very benevolent tone, "how much trouble it costs you +to do a little work and live uncomfortably! A fortnight of labor +has reduced you to your last extremity! . . . Let us make an +arrangement by which you shall all profit. I offer you +provisions and wine: you shall get so much every day; we will +work together, and, zounds! my friends, we will be happy and +contented!" + +Would it be possible for empty stomachs to resist such an +invitation? The hungriest of them follow the treacherous +tempter. They go to work; the charm of society, emulation, joy, +and mutual assistance double their strength; the work can be seen +to advance. Singing and laughing, they subdue Nature. In a +short time, the soil is thoroughly changed; the mellowed earth +waits only for the seed. That done, the proprietor pays his +laborers, who, on going away, return him their thanks, and grieve +that the happy days which they have spent with him are over. + +Others follow this example, always with the same success. +Then, these installed, the rest disperse,--each one returns +to his grubbing. But, while grubbing, it is necessary to live. +While they have been clearing away for their neighbor, they have +done no clearing for themselves. One year's seed-time and +harvest is already gone. They had calculated that in lending +their labor they could not but gain, since they would save their +own provisions; and, while living better, would get still more +money. False calculation! they have created for another the +means wherewith to produce, and have created nothing for +themselves. The difficulties of clearing remain the same; their +clothing wears out, their provisions give out; soon their purse +becomes empty for the profit of the individual for whom they have +worked, and who alone can furnish the provisions which they need, +since he alone is in a position to produce them. Then, when the +poor grubber has exhausted his resources, the man with the +provisions (like the wolf in the fable, who scents his victim +from afar) again comes forward. One he offers to employ again by +the day; from another he offers to buy at a favorable price a +piece of his bad land, which is not, and never can be, of any use +to him: that is, he uses the labor of one man to cultivate the +field of another for his own benefit. So that at the end of +twenty years, of thirty individuals originally equal in point of +wealth, five or six have become proprietors of the whole +district, while the rest have been philanthropically +dispossessed! + +In this century of bourgeoisie morality, in which I have had +the honor to be born, the moral sense is so debased that I should +not be at all surprised if I were asked, by many a worthy +proprietor, what I see in this that is unjust and illegitimate? +Debased creature! galvanized corpse! how can I expect to convince +you, if you cannot tell robbery when I show it to you? A +man, by soft and insinuating words, discovers the secret of +taxing others that he may establish himself; then, once enriched +by their united efforts, he refuses, on the very conditions which +he himself dictated, to advance the well-being of those who made +his fortune for him: and you ask how such conduct is fraudulent! +Under the pretext that he has paid his laborers, that he owes +them nothing more, that he has nothing to gain by putting himself +at the service of others, while his own occupations claim his +attention,--he refuses, I say, to aid others in getting a +foothold, as he was aided in getting his own; and when, in the +impotence of their isolation, these poor laborers are compelled +to sell their birthright, he--this ungrateful proprietor, this +knavish upstart--stands ready to put the finishing touch to their +deprivation and their ruin. And you think that just? Take care! + +I read in your startled countenance the reproach of a guilty +conscience, much more clearly than the innocent astonishment of +involuntary ignorance. + +"The capitalist," they say, "has paid the laborers their DAILY +WAGES." To be accurate, it must be said that the capitalist has +paid as many times one day's wage as he has employed laborers +each day,--which is not at all the same thing. For he has paid +nothing for that immense power which results from the union and +harmony of laborers, and the convergence and simultaneousness of +their efforts. Two hundred grenadiers stood the obelisk of Luxor +upon its base in a few hours; do you suppose that one man could +have accomplished the same task in two hundred days? +Nevertheless, on the books of the capitalist, the amount of wages +paid would have been the same. Well, a desert to prepare for +cultivation, a house to build, a factory to run,--all these are +obelisks to erect, mountains to move. The smallest fortune, +the most insignificant establishment, the setting in motion +of the lowest industry, demand the concurrence of so many +different kinds of labor and skill, that one man could not +possibly execute the whole of them. It is astonishing that the +economists never have called attention to this fact. Strike a +balance, then, between the capitalist's receipts and his +payments. + +The laborer needs a salary which will enable him to live while he +works; for unless he consumes, he cannot produce. Whoever +employs a man owes him maintenance and support, or wages enough +to procure the same. That is the first thing to be done in all +production. I admit, for the moment, that in this respect the +capitalist has discharged his duty. + +It is necessary that the laborer should find in his production, +in addition to his present support, a guarantee of his future +support; otherwise the source of production would dry up, and his +productive capacity would become exhausted: in other words, the +labor accomplished must give birth perpetually to new labor--such +is the universal law of reproduction. In this way, the +proprietor of a farm finds: 1. In his crops, means, not only of +supporting himself and his family, but of maintaining and +improving his capital, of feeding his live-stock--in a word, +means of new labor and continual reproduction; 2. In his +ownership of a productive agency, a permanent basis of +cultivation and labor. + +But he who lends his services,--what is his basis of cultivation? + +The proprietor's presumed need of him, and the unwarranted +supposition that he wishes to employ him. Just as the commoner +once held his land by the munificence and condescension of the +lord, so to-day the working-man holds his labor by the +condescension and necessities of the master and proprietor: that +is what is called possession by a precarious[1] title. But +this precarious condition is an injustice, for it implies an +inequality in the bargain. The laborer's wages exceed but little +his running expenses, and do not assure him wages for to-morrow; +while the capitalist finds in the instrument produced by the +laborer a pledge of independence and security for the future. + + +[1] Precarious, from precor, "I pray;" because the act of +concession expressly signified that the lord, in answer to the +prayers of his men or slaves, had granted them permission to +labor. + + + + +Now, this reproductive leaven--this eternal germ of life, this +preparation of the land and manufacture of implements for +production--constitutes the debt of the capitalist to the +producer, which he never pays; and it is this fraudulent denial +which causes the poverty of the laborer, the luxury of idleness, +and the inequality of conditions. This it is, above all other +things, which has been so fitly named the exploitation of man by +man. + +One of three things must be done. Either the laborer must be +given a portion of the product in addition to his wages; or the +employer must render the laborer an equivalent in productive +service; or else he must pledge himself to employ him for ever. +Division of the product, reciprocity of service, or guarantee of +perpetual labor,--from the adoption of one of these courses the +capitalist cannot escape. But it is evident that he cannot +satisfy the second and third of these conditions--he can neither +put himself at the service of the thousands of working-men, who, +directly or indirectly, have aided him in establishing himself, +nor employ them all for ever. He has no other course left him, +then, but a division of the property. But if the property is +divided, all conditions will be equal--there will be no more +large capitalists or large proprietors. + +Consequently, when M. Ch. Comte--following out his hypothesis-- +shows us his capitalist acquiring one after another the products +of his employees' labor, he sinks deeper and deeper into the +mire; and, as his argument does not change, our reply of course +remains the same. + + +"Other laborers are employed in building: some quarry the stone, +others transport it, others cut it, and still others put it in +place. Each of them adds a certain value to the material which +passes through his hands; and this value, the product of his +labor, is his property. He sells it, as fast as he creates it, +to the proprietor of the building, who pays him for it in food +and wages." + + +_Divide et impera_--divide, and you shall command; divide, and +you shall grow rich; divide, and you shall deceive men, you shall +daze their minds, you shall mock at justice! Separate laborers +from each other, perhaps each one's daily wage exceeds the value +of each individual's product; but that is not the question under +consideration. A force of one thousand men working twenty days +has been paid the same wages that one would be paid for working +fifty-five years; but this force of one thousand has done in +twenty days what a single man could not have accomplished, though +he had labored for a million centuries. Is the exchange an +equitable one? Once more, no; when you have paid all the +individual forces, the collective force still remains to be paid. + +Consequently, there remains always a right of collective property +which you have not acquired, and which you enjoy unjustly. + +Admit that twenty days' wages suffice to feed, lodge, and clothe +this multitude for twenty days: thrown out of employment at the +end of that time, what will become of them, if, as fast as they +create, they abandon their creations to the proprietors who will +soon discharge them? While the proprietor, firm in his position +(thanks to the aid of all the laborers), dwells in security, +and fears no lack of labor or bread, the laborer's only +dependence is upon the benevolence of this same proprietor, to +whom he has sold and surrendered his liberty. If, then, the +proprietor, shielding himself behind his comfort and his rights, +refuses to employ the laborer, how can the laborer live? He has +ploughed an excellent field, and cannot sow it; he has built an +elegant and commodious house, and cannot live in it; he has +produced all, and can enjoy nothing + +Labor leads us to equality. Every step that we take brings us +nearer to it; and if laborers had equal strength, diligence, and +industry, clearly their fortunes would be equal also. Indeed, +if, as is pretended,--and as we have admitted,--the laborer is +proprietor of the value which he creates, it follows:-- + +1. That the laborer acquires at the expense of the idle +proprietor; + +2. That all production being necessarily collective, the laborer +is entitled to a share of the products and profits commensurate +with his labor; + +3. That all accumulated capital being social property, no one can +be its exclusive proprietor. + +These inferences are unavoidable; these alone would suffice to +revolutionize our whole economical system, and change our +institutions and our laws. Why do the very persons, who laid +down this principle, now refuse to be guided by it? Why do the +Says, the Comtes, the Hennequins, and others--after having said +that property is born of labor--seek to fix it by occupation and +prescription? + +But let us leave these sophists to their contradictions and +blindness. The good sense of the people will do justice to their +equivocations. Let us make haste to enlighten it, and show +it the true path. Equality approaches; already between it and us +but a short distance intervenes: to-morrow even this distance +will have been traversed. + + +% 6.--That in Society all Wages are Equal. + + +When the St. Simonians, the Fourierists, and, in general, all who +in our day are connected with social economy and reform, inscribe +upon their banner,-- + + +"TO EACH ACCORDING TO HIS CAPACITY, TO EACH CAPACITY ACCORDING TO +ITS RESULTS" (St. Simon); + +"TO EACH ACCORDING TO HIS CAPITAL, HIS LABOR, AND HIS SKILL" +(Fourier),-- + +they mean--although they do not say so in so many words--that the +products of Nature procured by labor and industry are a reward, a +palm, a crown offered to all kinds of preeminence and +superiority. They regard the land as an immense arena in which +prizes are contended for,--no longer, it is true, with lances and +swords, by force and by treachery; but by acquired wealth, by +knowledge, talent, and by virtue itself. In a word, they mean-- +and everybody agrees with them--that the greatest capacity is +entitled to the greatest reward; and, to use the mercantile +phraseology,--which has, at least, the merit of being +straightforward,--that salaries must be governed by capacity and +its results. + +The disciples of these two self-styled reformers cannot deny that +such is their thought; for, in doing so, they would contradict +their official interpretations, and would destroy the unity of +their systems. Furthermore, such a denial on their part is not +to be feared. The two sects glory in laying down as a principle +inequality of conditions,--reasoning from Nature, who, they say, +intended the inequality of capacities. They boast only of one +thing; namely, that their political system is so perfect, that +the social inequalities always correspond with the natural +inequalities. They no more trouble themselves to inquire whether +inequality of conditions--I mean of salaries--is possible, than +they do to fix a measure of capacity.[1] + +[1] In St. Simon's system, the St.-Simonian priest determines the +capacity of each by virtue of his pontifical infallibility, in +imitation of the Roman Church: in Fourier's, the ranks and merits +are decided by vote, in imitation of the constitutional regime. + +Clearly, the great man is an object of ridicule to the reader; he +did not mean to tell his secret. + + + + +"To each according to his capacity, to each capacity according to +its results." + +"To each according to his capital, his labor, and his skill." + + +Since the death of St. Simon and Fourier, not one among their +numerous disciples has attempted to give to the public a +scientific demonstration of this grand maxim; and I would wager a +hundred to one that no Fourierist even suspects that this biform +aphorism is susceptible of two interpretations. + + +"To each according to his capacity, to each capacity according to +its results." + +"To each according to his capital, his labor, and his skill." + + +This proposition, taken, as they say, _in sensu obvio_--in the +sense usually attributed to it--is false, absurd, unjust, +contradictory, hostile to liberty, friendly to tyranny, anti- +social, and was unluckily framed under the express influence of +the property idea. + +And, first, CAPITAL must be crossed off the list of elements +which are entitled to a reward. The Fourierists--as far as I +have been able to learn from a few of their pamphlets--deny the +right of occupancy, and recognize no basis of property save +labor. Starting with a like premise, they would have seen--had +they reasoned upon the matter--that capital is a +source of production to its proprietor only by virtue of the +right of occupancy, and that this production is therefore +illegitimate. Indeed, if labor is the sole basis of property, I +cease to be proprietor of my field as soon as I receive rent for +it from another. This we have shown beyond all cavil. It is the +same with all capital; so that to put capital in an enterprise, +is, by the law's decision, to exchange it for an equivalent sum +in products. I will not enter again upon this now useless +discussion, since I propose, in the following chapter, to exhaust +the subject of PRODUCTION BY CAPITAL. + +Thus, capital can be exchanged, but cannot be a source of income. + +LABOR and SKILL remain; or, as St. Simon puts it, RESULTS +and CAPACITIES. I will examine them successively. + +Should wages be governed by labor? In other words, is it just +that he who does the most should get the most? I beg the reader +to pay the closest attention to this point. + +To solve the problem with one stroke, we have only to ask +ourselves the following question: "Is labor a CONDITION or a +STRUGGLE?" The reply seems plain. + +God said to man, "In the sweat of thy face shalt thou eat +bread,"--that is, thou shalt produce thy own bread: with more or +less ease, according to thy skill in directing and combining thy +efforts, thou shalt labor. God did not say, "Thou shalt quarrel +with thy neighbor for thy bread;" but, "Thou shalt labor by the +side of thy neighbor, and ye shall dwell together in harmony." +Let us develop the meaning of this law, the extreme simplicity of +which renders it liable to misconstruction. + +In labor, two things must be noticed and distinguished: +ASSOCIATION and AVAILABLE MATERIAL. + +In so far as laborers are associated, they are equal; and it +involves a contradiction to say that one should be paid more +than another. For, as the product of one laborer can be paid for +only in the product of another laborer, if the two products are +unequal, the remainder--or the difference between the greater and +the smaller--will not be acquired by society; and, therefore, not +being exchanged, will not affect the equality of wages. There +will result, it is true, in favor of the stronger laborer a +natural inequality, but not a social inequality; no one having +suffered by his strength and productive energy. In a word, +society exchanges only equal products--that is, rewards no labor +save that performed for her benefit; consequently, she pays all +laborers equally: with what they produce outside of her sphere +she has no more to do, than with the difference in their voices +and their hair. + +I seem to be positing the principle of inequality: the reverse of +this is the truth. The total amount of labor which can be +performed for society (that is, of labor susceptible of +exchange), being, within a given space, as much greater as the +laborers are more numerous, and as the task assigned to each is +less in magnitude,--it follows that natural inequality +neutralizes itself in proportion as association extends, and as +the quantity of consumable values produced thereby increases. So +that in society the only thing which could bring back the +inequality of labor would be the right of occupancy,--the right +of property. + +Now, suppose that this daily social task consists in the +ploughing, hoeing, or reaping of two square decameters, and that +the average time required to accomplish it is seven hours: one +laborer will finish it in six hours, another will require eight; +the majority, however, will work seven. But provided each one +furnishes the quantity of labor demanded of him, whatever be the +time he employs, they are entitled to equal wages. + +Shall the laborer who is capable of finishing his task in six +hours have the right, on the ground of superior strength and +activity, to usurp the task of the less skilful laborer, and thus +rob him of his labor and bread? Who dares maintain such a +proposition? He who finishes before the others may rest, if he +chooses; he may devote himself to useful exercise and labors for +the maintenance of his strength, and the culture of his mind, and +the pleasure of his life. This he can do without injury to any +one: but let him confine himself to services which affect him +solely. Vigor, genius, diligence, and all the personal +advantages which result therefrom, are the work of Nature and, to +a certain extent, of the individual; society awards them the +esteem which they merit: but the wages which it pays them is +measured, not by their power, but by their production. Now, the +product of each is limited by the right of all. + +If the soil were infinite in extent, and the amount of available +material were exhaustless, even then we could not accept this +maxim,--TO EACH ACCORDING TO HIS LABOR. And why? Because +society, I repeat, whatever be the number of its subjects, is +forced to pay them all the same wages, since she pays them only +in their own products. Only, on the hypothesis just made, +inasmuch as the strong cannot be prevented from using all their +advantages, the inconveniences of natural inequality would +reappear in the very bosom of social equality. But the land, +considering the productive power of its inhabitants and their +ability to multiply, is very limited; further, by the immense +variety of products and the extreme division of labor, the social +task is made easy of accomplishment. Now, through this +limitation of things producible, and through the ease of +producing them, the law of absolute equality takes effect. + +Yes, life is a struggle. But this struggle is not between man +and man--it is between man and Nature; and it is each one's duty +to take his share in it. If, in the struggle, the strong come to +the aid of the weak, their kindness deserves praise and love; but +their aid must be accepted as a free gift,--not imposed by force, +nor offered at a price. All have the same career before them, +neither too long nor too difficult; whoever finishes it finds his +reward at the end: it is not necessary to get there first. + +In printing-offices, where the laborers usually work by the job, +the compositor receives so much per thousand letters set; the +pressman so much per thousand sheets printed. There, as +elsewhere, inequalities of talent and skill are to be found. +When there is no prospect of dull times (for printing and +typesetting, like all other trades, sometimes come to a stand- +still), every one is free to work his hardest, and exert his +faculties to the utmost: he who does more gets more; he who does +less gets less. When business slackens, compositors and pressmen +divide up their labor; all monopolists are detested as no better +than robbers or traitors. + +There is a philosophy in the action of these printers, to which +neither economists nor legists have ever risen. If our +legislators had introduced into their codes the principle of +distributive justice which governs printing-offices; if they had +observed the popular instincts,--not for the sake of servile +imitation, but in order to reform and generalize them,--long ere +this liberty and equality would have been established on an +immovable basis, and we should not now be disputing about the +right of property and the necessity of social distinctions. + +It has been calculated that if labor were equally shared by the +whole number of able-bodied individuals, the average +working-day of each individual, in France, would not exceed +five hours. This being so, how can we presume to talk of the +inequality of laborers? It is the LABOR of Robert Macaire that +causes inequality. + +The principle, TO EACH ACCORDING TO HIS LABOR, interpreted to +mean, WHO WORKS MOST SHOULD RECEIVE MOST, is based, therefore, +on two palpable errors: one, an error in economy, that in the +labor of society tasks must necessarily be unequal; the other, an +error in physics, that there is no limit to the amount of +producible things. + +"But," it will be said, "suppose there are some people who wish +to perform only half of their task?" . . . Is that very +embarrassing? Probably they are satisfied with half of their +salary. Paid according to the labor that they had performed, of +what could they complain? and what injury would they do to +others? In this sense, it is fair to apply the maxim,--TO EACH +ACCORDING TO HIS RESULTS. It is the law of equality itself. + +Further, numerous difficulties, relative to the police system and +the organization of industry, might be raised here. I will reply +to them all with this one sentence,--that they must all be solved +by the principle of equality. Thus, some one might observe, +"Here is a task which cannot be postponed without detriment to +production. Ought society to suffer from the negligence of a +few? and will she not venture--out of respect for the right of +labor--to assure with her own hands the product which they refuse +her? In such a case, to whom will the salary belong?" + +To society; who will be allowed to perform the labor, either +herself, or through her representatives, but always in such a way +that the general equality shall never be violated, and that only +the idler shall be punished for his idleness. Further, if +society may not use excessive severity towards her lazy +members, she has a right, in self-defence, to guard against +abuses. + +But every industry needs--they will add--leaders, instructors, +superintendents, &c. Will these be engaged in the general task? +No; since their task is to lead, instruct, and superintend. But +they must be chosen from the laborers by the laborers themselves, +and must fulfil the conditions of eligibility. It is the same +with all public functions, whether of administration or +instruction. + +Then, article first of the universal constitution will be:-- + +"The limited quantity of available material proves the necessity +of dividing the labor among the whole number of laborers. The +capacity, given to all, of accomplishing a social task,--that is, +an equal task,--and the impossibility of paying one laborer save +in the products of another, justify the equality of wages." + + +% 7.--That Inequality of Powers is the Necessary Condition +of Equality of Fortunes. + + +It is objected,--and this objection constitutes the second part +of the St. Simonian, and the third part of the Fourierstic, +maxims,-- + +"That all kinds of labor cannot be executed with equal ease. +Some require great superiority of skill and intelligence; and on +this superiority is based the price. The artist, the savant, +the poet, the statesman, are esteemed only because of their +excellence; and this excellence destroys all similitude between +them and other men: in the presence of these heights of science +and genius the law of equality disappears. Now, if equality is +not absolute, there is no equality. From the poet we descend to +the novelist; from the sculptor to the stonecutter; from the +architect to the mason; from the chemist to the cook, &c. +Capacities are classified and subdivided into orders, genera, and +species. The extremes of talent are connected by intermediate +talents. Humanity is a vast hierarchy, in which the individual +estimates himself by comparison, and fixes his price by the value +placed upon his product by the public." + +This objection always has seemed a formidable one. It is the +stumbling-block of the economists, as well as of the defenders of +equality. It has led the former into egregious blunders, and has +caused the latter to utter incredible platitudes. Gracchus +Babeuf wished all superiority to be STRINGENTLY REPRESSED, and +even PERSECUTED AS A SOCIAL CALAMITY. To establish his +communistic edifice, he lowered all citizens to the stature of +the smallest. Ignorant eclectics have been known to object to +the inequality of knowledge, and I should not be surprised if +some one should yet rebel against the inequality of virtue. +Aristotle was banished, Socrates drank the hemlock, Epaminondas +was called to account, for having proved superior in intelligence +and virtue to some dissolute and foolish demagogues. Such +follies will be re-enacted, so long as the inequality of fortunes +justifies a populace, blinded and oppressed by the wealthy, in +fearing the elevation of new tyrants to power. + +Nothing seems more unnatural than that which we examine too +closely, and often nothing seems less like the truth than the +truth itself. On the other hand, according to J. J. Rousseau, +"it takes a great deal of philosophy to enable us to observe once +what we see every day;" and, according to d'Alembert, "the +ordinary truths of life make but little impression on men, unless +their attention is especially called to them." The father of the +school of economists (Say), from whom I borrow these two +quotations, might have profited by them; but he who laughs +at the blind should wear spectacles, and he who notices him is +near-sighted. + +Strange! that which has frightened so many minds is not, after +all, an objection to equality--it is the very condition on which +equality exists! . . . + +Natural inequality the condition of equality of fortunes! . . . +What a paradox! . . . I repeat my assertion, that no one may +think I have blundered--inequality of powers is the sine qua +non of equality of fortunes. + +There are two things to be considered in society--FUNCTIONS and +RELATIONS. + +I. FUNCTIONS. Every laborer is supposed to be capable of +performing the task assigned to him; or, to use a common +expression, "every workman must know his trade." The workman +equal to his work,--there is an equation between functionary and +function. + +In society, functions are not alike; there must be, then, +different capacities. Further,--certain functions demand greater +intelligence and powers; then there are people of superior mind +and talent. For the performance of work necessarily involves a +workman: from the need springs the idea, and the idea makes the +producer. We only know what our senses long for and our +intelligence demands; we have no keen desire for things of which +we cannot conceive, and the greater our powers of conception, the +greater our capabilities of production. + +Thus, functions arising from needs, needs from desires, and +desires from spontaneous perception and imagination, the same +intelligence which imagines can also produce; consequently, no +labor is superior to the laborer. In a word, if the function +calls out the functionary, it is because the functionary exists +before the function. + +Let us admire Nature's economy. With regard to these various +needs which she has given us, and which the isolated man cannot +satisfy unaided, Nature has granted to the race a power refused +to the individual. This gives rise to the principle of the +DIVISION OF LABOR,--a principle founded on the SPECIALITY OF +VOCATIONS. + +The satisfaction of some needs demands of man continual creation; +while others can, by the labor of a single individual, be +satisfied for millions of men through thousands of centuries. +For example, the need of clothing and food requires perpetual +reproduction; while a knowledge of the system of the universe may +be acquired for ever by two or three highly-gifted men. The +perpetual current of rivers supports our commerce, and runs our +machinery; but the sun, alone in the midst of space, gives light +to the whole world. Nature, who might create Platos and Virgils, +Newtons and Cuviers, as she creates husbandmen and shepherds, +does not see fit to do so; choosing rather to proportion the +rarity of genius to the duration of its products, and to balance +the number of capacities by the competency of each one of them. + +I do not inquire here whether the distance which separates one +man from another, in point of talent and intelligence, arises +from the deplorable condition of civilization, nor whether that +which is now called the INEQUALITY OF POWERS would be in an +ideal society any thing more than a DIVERSITY OF POWERS. I +take the worst view of the matter; and, that I may not be accused +of tergiversation and evasion of difficulties, I acknowledge all +the inequalities that any one can desire.[1] + +[1] I cannot conceive how any one dares to justify the inequality +of conditions, by pointing to the base inclinations and +propensities of certain men. Whence comes this shameful +degradation of heart and mind to which so many fall victims, if +not from the misery and abjection into which property plunges +them? + + + + +Certain philosophers, in love with the levelling idea, maintain +that all minds are equal, and that all differences are the result +of education. I am no believer, I confess, in this doctrine; +which, even if it were true, would lead to a result directly +opposite to that desired. For, if capacities are equal, whatever +be the degree of their power (as no one can be coerced), there +are functions deemed coarse, low, and degrading, which deserve +higher pay,--a result no less repugnant to equality than to the +principle, TO EACH CAPACITY ACCORDING TO ITS RESULTS. Give me, +on the contrary, a society in which every kind of talent bears a +proper numerical relation to the needs of the society, and which +demands from each producer only that which his special function +requires him to produce; and, without impairing in the least the +hierarchy of functions, I will deduce the equality of fortunes. + +This is my second point. + +II. RELATIONS. In considering the element of labor, I have +shown that in the same class of productive services, the capacity +to perform a social task being possessed by all, no inequality of +reward can be based upon an inequality of individual powers. +However, it is but fair to say that certain capacities seem quite +incapable of certain services; so that, if human industry were +entirely confined to one class of products, numerous incapacities +would arise, and, consequently, the greatest social inequality. +But every body sees, without any hint from me, that the variety +of industries avoids this difficulty; so clear is this that I +shall not stop to discuss it. We have only to prove, then, that +functions are equal to each other; just as laborers, who perform +the same function, are equal to each other. + +---- +Property makes man a eunuch, and then reproaches him for being +nothing but dry wood, a decaying tree. + +Are you astonished that I refuse to genius, to knowledge, to +courage,--in a word, to all the excellences admired by the +world,--the homage of dignities, the distinctions of power and +wealth? It is not I who refuse it: it is economy, it is justice, +it is liberty. Liberty! for the first time in this discussion I +appeal to her. Let her rise in her own defence, and achieve her +victory. + +Every transaction ending in an exchange of products or services +may be designated as a COMMERCIAL OPERATION. + +Whoever says commerce, says exchange of equal values; for, if the +values are not equal, and the injured party perceives it, he will +not consent to the exchange, and there will be no commerce. + +Commerce exists only among free men. Transactions may be +effected between other people by violence or fraud, but there is +no commerce. + +A free man is one who enjoys the use of his reason and his +faculties; who is neither blinded by passion, nor hindered or +driven by oppression, nor deceived by erroneous opinions. + +So, in every exchange, there is a moral obligation that neither +of the contracting parties shall gain at the expense of the +other; that is, that, to be legitimate and true, commerce must be +exempt from all inequality. This is the first condition of +commerce. Its second condition is, that it be voluntary; that +is, that the parties act freely and openly. + +I define, then, commerce or exchange as an act of society. + +The negro who sells his wife for a knife, his children for some +bits of glass, and finally himself for a bottle of brandy, is not +free. The dealer in human flesh, with whom he negotiates, is not +his associate; he is his enemy. + +The civilized laborer who bakes a loaf that he may eat a slice of +bread, who builds a palace that he may sleep in a stable, +who weaves rich fabrics that he may dress in rags, who produces +every thing that he may dispense with every thing,--is not free. +His employer, not becoming his associate in the exchange of +salaries or services which takes place between them, is his +enemy. + +The soldier who serves his country through fear instead of +through love is not free; his comrades and his officers, the +ministers or organs of military justice, are all his enemies. + +The peasant who hires land, the manufacturer who borrows capital, +the tax-payer who pays tolls, duties, patent and license fees, +personal and property taxes, &c., and the deputy who votes for +them,--all act neither intelligently nor freely. Their enemies +are the proprietors, the capitalists, the government. + +Give men liberty, enlighten their minds that they may know the +meaning of their contracts, and you will see the most perfect +equality in exchanges without regard to superiority of talent and +knowledge; and you will admit that in commercial affairs, that +is, in the sphere of society, the word superiority is void of +sense. + +Let Homer sing his verse. I listen to this sublime genius in +comparison with whom I, a simple herdsman, an humble farmer, am +as nothing. What, indeed,--if product is to be compared with +product,--are my cheeses and my beans in the presence of his +"Iliad"? But, if Homer wishes to take from me all that I +possess, and make me his slave in return for his inimitable poem, +I will give up the pleasure of his lays, and dismiss him. I can +do without his "Iliad," and wait, if necessary, for the "AEneid." + +Homer cannot live twenty-four hours without my products. Let him +accept, then, the little that I have to offer; and then his muse +may instruct, encourage, and console me. + +"What! do you say that such should be the condition of one +who sings of gods and men? Alms, with the humiliation and +suffering which they bring with them!--what barbarous +generosity!" . . . Do not get excited, I beg of you. Property +makes of a poet either a Croesus or a beggar; only equality knows +how to honor and to praise him. What is its duty? To regulate +the right of the singer and the duty of the listener. Now, +notice this point, which is a very important one in the solution +of this question: both are free, the one to sell, the other to +buy. Henceforth their respective pretensions go for nothing; and +the estimate, whether fair or unfair, that they place, the one +upon his verse, the other upon his liberality, can have no +influence upon the conditions of the contract. We must no +longer, in making our bargains, weigh talent; we must consider +products only. + +In order that the bard of Achilles may get his due reward, he +must first make himself wanted: that done, the exchange of his +verse for a fee of any kind, being a free act, must be at the +same time a just act; that is, the poet's fee must be equal to +his product. Now, what is the value of this product? + +Let us suppose, in the first place, that this "Iliad"--this +chef-d' oeuvre that is to be equitably rewarded--is really +above price, that we do not know how to appraise it. If the +public, who are free to purchase it, refuse to do so, it is clear +that, the poem being unexchangeable, its intrinsic value will not +be diminished; but that its exchangeable value, or its productive +utility, will be reduced to zero, will be nothing at all. Then +we must seek the amount of wages to be paid between infinity on +the one hand and nothing on the other, at an equal distance from +each, since all rights and liberties are entitled to equal +respect; in other words, it is not the intrinsic value, but the +relative value, of the thing sold that needs to be fixed. The +question grows simpler: what is this relative value? To +what reward does a poem like the "Iliad" entitle its author? + +The first business of political economy, after fixing its +definitions, was the solution of this problem; now, not only has +it not been solved, but it has been declared insoluble. +According to the economists, the relative or exchangeable value +of things cannot be absolutely determined; it necessarily varies. + + +"The value of a thing," says Say, "is a positive quantity, but +only for a given moment. It is its nature to perpetually vary, +to change from one point to another. Nothing can fix it +absolutely, because it is based on needs and means of production +which vary with every moment. These variations complicate +economical phenomena, and often render them very difficult of +observation and solution. I know no remedy for this; it is not +in our power to change the nature of things." + + +Elsewhere Say says, and repeats, that value being based on +utility, and utility depending entirely on our needs, whims, +customs, &c., value is as variable as opinion. Now, political +economy being the science of values, of their production, +distribution, exchange, and consumption,--if exchangeable value +cannot be absolutely determined, how is political economy +possible? How can it be a science? How can two economists look +each other in the face without laughing? How dare they insult +metaphysicians and psychologists? What! that fool of a Descartes +imagined that philosophy needed an immovable base--an _aliquid +inconcussum_--on which the edifice of science might be built, and +he was simple enough to search for it! And the Hermes of +economy, Trismegistus Say, devoting half a volume to the +amplification of that solemn text, _political economy is a +science_, has the courage to affirm immediately afterwards that +this science cannot determine its object,--which is equivalent to +saying that it is without a principle or foundation! He does not +know, then, the illustrious Say, the nature of a science; or +rather, he knows nothing of the subject which he discusses. + +Say's example has borne its fruits. Political economy, as it +exists at present, resembles ontology: discussing effects and +causes, it knows nothing, explains nothing, decides nothing. The +ideas honored with the name of economic laws are nothing more +than a few trifling generalities, to which the economists thought +to give an appearance of depth by clothing them in high-sounding +words. As for the attempts that have been made by the economists +to solve social problems, all that can be said of them is, that, +if a glimmer of sense occasionally appears in their lucubrations, +they immediately fall back into absurdity. For twenty-five years +political economy, like a heavy fog, has weighed upon France, +checking the efforts of the mind, and setting limits to liberty. + +Has every creation of industry a venal, absolute, unchangeable, +and consequently legitimate and true value?--Yes. + +Can every product of man be exchanged for some other product of +man?--Yes, again. + +How many nails is a pair of shoes worth? + +If we can solve this appalling problem, we shall have the key of +the social system for which humanity has been searching for six +thousand years. In the presence of this problem, the economist +recoils confused; the peasant who can neither read nor write +replies without hesitation: "As many as can be made in the same +time, and with the same expense." + +The absolute value of a thing, then, is its cost in time and +expense. How much is a diamond worth which costs only the labor +of picking it up?--Nothing; it is not a product of man. How much +will it be worth when cut and mounted?--The time and expense +which it has cost the laborer. Why, then, is it sold at so high +a price?--Because men are not free. Society must regulate +the exchange and distribution of the rarest things, as it does +that of the most common ones, in such a way that each may share +in the enjoyment of them. What, then, is that value which is +based upon opinion?--Delusion, injustice, and robbery. + +By this rule, it is easy to reconcile every body. If the mean +term, which we are searching for, between an infinite value and +no value at all is expressed in the case of every product, by the +amount of time and expense which the product cost, a poem which +has cost its author thirty years of labor and an outlay of ten +thousand francs in journeys, books, &c., must be paid for by the +ordinary wages received by a laborer during thirty years, PLUS +ten thousand francs indemnity for expense incurred. Suppose the +whole amount to be fifty thousand francs; if the society which +gets the benefit of the production include a million of men, my +share of the debt is five centimes. + +This gives rise to a few observations. + +1. The same product, at different times and in different places, +may cost more or less of time and outlay; in this view, it is +true that value is a variable quantity. But this variation is +not that of the economists, who place in their list of the causes +of the variation of values, not only the means of production, but +taste, caprice, fashion, and opinion. In short, the true value +of a thing is invariable in its algebraic expression, although it +may vary in its monetary expression. + +2. The price of every product in demand should be its cost in +time and outlay--neither more nor less: every product not in +demand is a loss to the producer--a commercial non-value. + +3. The ignorance of the principle of evaluation, and the +difficulty under many circumstances of applying it, is the +source of commercial fraud, and one of the most potent +causes of the inequality of fortunes. + +4. To reward certain industries and pay for certain products, a +society is needed which corresponds in size with the rarity of +talents, the costliness of the products, and the variety of the +arts and sciences. If, for example, a society of fifty farmers +can support a schoolmaster, it requires one hundred for a +shoemaker, one hundred and fifty for a blacksmith, two hundred +for a tailor, &c. If the number of farmers rises to one +thousand, ten thousand, one hundred thousand, &c., as fast as +their number increases, that of the functionaries which are +earliest required must increase in the same proportion; so that +the highest functions become possible only in the most powerful +societies.[1] That is the peculiar feature of capacities; the +character of genius, the seal of its glory, cannot arise and +develop itself, except in the bosom of a great nation. But this +physiological condition, necessary to the existence of genius, +adds nothing to its social rights: far from that,--the delay in +its appearance proves that, in economical and civil affairs, the +loftiest intelligence must submit to the equality of possessions; +an equality which is anterior to it, and of which it constitutes +the crown. + +[1] How many citizens are needed to support a professor of +philosophy?--Thirty-five millions. How many for an economist?-- +Two billions. And for a literary man, who is neither a savant, +nor an artist, nor a philosopher, nor an economist, and who +writes newspaper novels?--None. + + + + +This is severe on our pride, but it is an inexorable truth. And +here psychology comes to the aid of social economy, giving us to +understand that talent and material recompense have no common +measure; that, in this respect, the condition of all producers is +equal: consequently, that all comparison between them, and all +distinction in fortunes, is impossible. + +_ _In fact, every work coming from the hands of man--compared +with the raw material of which it is composed--is beyond price. +In this respect, the distance is as great between a pair of +wooden shoes and the trunk of a walnut-tree, as between a statue +by Scopas and a block of marble. The genius of the simplest +mechanic exerts as much influence over the materials which he +uses, as does the mind of a Newton over the inert spheres whose +distances, volumes, and revolutions he calculates. You ask for +talent and genius a corresponding degree of honor and reward. +Fix for me the value of a wood-cutter's talent, and I will fix +that of Homer. If any thing can reward intelligence, it is +intelligence itself. That is what happens, when various classes +of producers pay to each other a reciprocal tribute of admiration +and praise. But if they contemplate an exchange of products with +a view to satisfying mutual needs, this exchange must be effected +in accordance with a system of economy which is indifferent to +considerations of talent and genius, and whose laws are deduced, +not from vague and meaningless admiration, but from a just +balance between DEBIT and CREDIT; in short, from commercial +accounts. + +Now, that no one may imagine that the liberty of buying and +selling is the sole basis of the equality of wages, and that +society's sole protection against superiority of talent lies in a +certain force of inertia which has nothing in common with right, +I shall proceed to explain why all capacities are entitled to the +same reward, and why a corresponding difference in wages would be +an injustice. I shall prove that the obligation to stoop to the +social level is inherent in talent; and on this very superiority +of genius I will found the equality of fortunes. I have just +given the negative argument in favor of rewarding all capacities +alike; I will now give the direct and positive argument. + +Listen, first, to the economist: it is always pleasant to see how +he reasons, and how he understands justice. Without him, +moreover, without his amusing blunders and his wonderful +arguments, we should learn nothing. Equality, so odious to the +economist, owes every thing to political economy. + + +"When the parents of a physician [the text says a lawyer, which +is not so good an example] have expended on his education forty +thousand francs, this sum may be regarded as so much capital +invested in his head. It is therefore permissible to consider it +as yielding an annual income of four thousand francs. If the +physician earns thirty thousand, there remains an income of +twenty-six thousand francs due to the personal talents given him +by Nature. This natural capital, then, if we assume ten per +cent. as the rate of interest, amounts to two hundred and sixty +thousand francs; and the capital given him by his parents, in +defraying the expenses of his education, to forty thousand +francs. The union of these two kinds of capital constitutes his +fortune."--Say: Complete Course, &c. + + +Say divides the fortune of the physician into two parts: one is +composed of the capital which went to pay for his education, the +other represents his personal talents. This division is just; it +is in conformity with the nature of things; it is universally +admitted; it serves as the major premise of that grand argument +which establishes the inequality of capacities. I accept this +premise without qualification; let us look at the consequences. + +1. Say CREDITS the physician with forty thousand francs,--the +cost of his education. This amount should be entered upon the +DEBIT side of the account. For, although this expense was +incurred for him, it was not incurred by him. Then, instead of +appropriating these forty thousand francs, the physician should +add them to the price of his product, and repay them to those who +are entitled to them. Notice, further, that Say speaks of +INCOME instead of REIMBURSEMENT; reasoning on the false +principle of the productivity of capital. The expense of +educating a talent is a debt contracted by this talent. From the +very fact of its existence, it becomes a debtor to an amount +equal to the cost of its production. This is so true and simple +that, if the education of some one child in a family has cost +double or triple that of its brothers, the latter are entitled to +a proportional amount of the property previous to its division. +There is no difficulty about this in the case of guardianship, +when the estate is administered in the name of the minors. + +2. That which I have just said of the obligation incurred by +talent of repaying the cost of its education does not embarrass +the economist. The man of talent, he says, inheriting from his +family, inherits among other things a claim to the forty thousand +francs which his education costs; and he becomes, in consequence, +its proprietor. But this is to abandon the right of talent, and +to fall back upon the right of occupancy; which again calls up +all the questions asked in Chapter II. What is the right of +occupancy? what is inheritance? Is the right of succession a +right of accumulation or only a right of choice? how did the +physician's father get his fortune? was he a proprietor, or only +a usufructuary? If he was rich, let him account for his wealth; +if he was poor, how could he incur so large an expense? If he +received aid, what right had he to use that aid to the +disadvantage of his benefactors, &c.? + +3. "There remains an income of twenty-six thousand francs due to +the personal talents given him by Nature." (Say,--as above +quoted.) Reasoning from this premise, Say concludes that our +physician's talent is equivalent to a capital of two hundred and +sixty thousand francs. This skilful calculator mistakes a +consequence for a principle. The talent must not be measured by +the gain, but rather the gain by the talent; for it may +happen, that, notwithstanding his merit, the physician in +question will gain nothing at all, in which case will it be +necessary to conclude that his talent or fortune is equivalent to +zero? To such a result, however, would Say's reasoning lead; a +result which is clearly absurd. + +Now, it is impossible to place a money value on any talent +whatsoever, since talent and money have no common measure. On +what plausible ground can it be maintained that a physician +should be paid two, three, or a hundred times as much as a +peasant? An unavoidable difficulty, which has never been solved +save by avarice, necessity, and oppression. It is not thus that +the right of talent should be determined. But how is it to be +determined? + +4. I say, first, that the physician must be treated with as much +favor as any other producer, that he must not be placed below the +level of others. This I will not stop to prove. But I add that +neither must he be lifted above that level; because his talent is +collective property for which he did not pay, and for which he is +ever in debt. + +Just as the creation of every instrument of production is the +result of collective force, so also are a man's talent and +knowledge the product of universal intelligence and of general +knowledge slowly accumulated by a number of masters, and through +the aid of many inferior industries. When the physician has paid +for his teachers, his books, his diplomas, and all the other +items of his educational expenses, he has no more paid for his +talent than the capitalist pays for his house and land when he +gives his employees their wages. The man of talent has +contributed to the production in himself of a useful instrument. +He has, then, a share in its possession; he is not its +proprietor. There exist side by side in him a free laborer and +an accumulated social capital. As a laborer, he is charged +with the use of an instrument, with the superintendence of a +machine; namely, his capacity. As capital, he is not his own +master; he uses himself, not for his own benefit, but for that of +others. + +Even if talent did not find in its own excellence a reward for +the sacrifices which it costs, still would it be easier to find +reasons for lowering its reward than for raising it above the +common level. Every producer receives an education; every +laborer is a talent, a capacity,--that is, a piece of collective +property. But all talents are not equally costly. It takes but +few teachers, but few years, and but little study, to make a +farmer or a mechanic: the generative effort and--if I may venture +to use such language--the period of social gestation are +proportional to the loftiness of the capacity. But while the +physician, the poet, the artist, and the savant produce but +little, and that slowly, the productions of the farmer are much +less uncertain, and do not require so long a time. Whatever be +then the capacity of a man,--when this capacity is once +created,--it does not belong to him. Like the material fashioned +by an industrious hand, it had the power of BECOMING, and +society has given it BEING. Shall the vase say to the potter, +"I am that I am, and I owe you nothing"? + +The artist, the savant, and the poet find their just recompense +in the permission that society gives them to devote themselves +exclusively to science and to art: so that in reality they do not +labor for themselves, but for society, which creates them, and +requires of them no other duty. Society can, if need be, do +without prose and verse, music and painting, and the knowledge of +the movements of the moon and stars; but it cannot live a single +day without food and shelter. + +Undoubtedly, man does not live by bread alone; he must, also +(according to the Gospel), LIVE BY THE WORD OF GOD; that is, he +must love the good and do it, know and admire the beautiful, and +study the marvels of Nature. But in order to cultivate his mind, +he must first take care of his body,--the latter duty is as +necessary as the former is noble. If it is glorious to charm and +instruct men, it is honorable as well to feed them. When, then, +society--faithful to the principle of the division of labor-- +intrusts a work of art or of science to one of its members, +allowing him to abandon ordinary labor, it owes him an indemnity +for all which it prevents him from producing industrially; but it +owes him nothing more. If he should demand more, society should, +by refusing his services, annihilate his pretensions. Forced, +then, in order to live, to devote himself to labor repugnant to +his nature, the man of genius would feel his weakness, and would +live the most distasteful of lives. + +They tell of a celebrated singer who demanded of the Empress of +Russia (Catherine II) twenty thousand roubles for his services: +"That is more than I give my field-marshals," said Catherine. +"Your majesty," replied the other, "has only to make singers of +her field-marshals." + +If France (more powerful than Catherine II) should say to +Mademoiselle Rachel, "You must act for one hundred louis, or else +spin cotton;" to M. Duprez, "You must sing for two thousand four +hundred francs, or else work in the vineyard,"--do you think that +the actress Rachel, and the singer Duprez, would abandon the +stage? If they did, they would be the first to repent it. + +Mademoiselle Rachel receives, they say, sixty thousand francs +annually from the Comedie-Francaise. For a talent like hers, it +is a slight fee. Why not one hundred thousand francs, two +hundred thousand francs? Why! not a civil list? What meanness! +Are we really guilty of chaffering with an artist like +Mademoiselle Rachel? + +It is said, in reply, that the managers of the theatre cannot +give more without incurring a loss; that they admit the superior +talent of their young associate; but that, in fixing her salary, +they have been compelled to take the account of the company's +receipts and expenses into consideration also. + +That is just, but it only confirms what I have said; namely, that +an artist's talent may be infinite, but that its mercenary claims +are necessarily limited,--on the one hand, by its usefulness to +the society which rewards it; on the other, by the resources of +this society: in other words, that the demand of the seller is +balanced by the right of the buyer. + +Mademoiselle Rachel, they say, brings to the treasury of the +Theatre-Francais more than sixty thousand francs. I admit it; +but then I blame the theatre. From whom does the Theatre- +Francais take this money? From some curious people who are +perfectly free. Yes; but the workingmen, the lessees, the +tenants, those who borrow by pawning their possessions, from whom +these curious people recover all that they pay to the theatre,-- +are they free? And when the better part of their products are +consumed by others at the play, do you assure me that their +families are not in want? Until the French people, reflecting on +the salaries paid to all artists, savants, and public +functionaries, have plainly expressed their wish and judgment as +to the matter, the salaries of Mademoiselle Rachel and all her +fellow-artists will be a compulsory tax extorted by violence, to +reward pride, and support libertinism. + +It is because we are neither free nor sufficiently enlightened, +that we submit to be cheated in our bargains; that the +laborer pays the duties levied by the prestige of power and +the selfishness of talent upon the curiosity of the idle, and +that we are perpetually scandalized by these monstrous +inequalities which are encouraged and applauded by public +opinion. + +The whole nation, and the nation only, pays its authors, its +savants, its artists, its officials, whatever be the hands +through which their salaries pass. On what basis should it pay +them? On the basis of equality. I have proved it by estimating +the value of talent. I shall confirm it in the following +chapter, by proving the impossibility of all social inequality. + +What have we shown so far? Things so simple that really they +seem silly:-- + +That, as the traveller does not appropriate the route which he +traverses, so the farmer does not appropriate the field which he +sows; + +That if, nevertheless, by reason of his industry, a laborer may +appropriate the material which he employs, every employer of +material becomes, by the same title, a proprietor; + +That all capital, whether material or mental, being the result of +collective labor, is, in consequence, collective property; + +That the strong have no right to encroach upon the labor of the +weak, nor the shrewd to take advantage of the credulity of the +simple; + +Finally, that no one can be forced to buy that which he does not +want, still less to pay for that which he has not bought; and, +consequently, that the exchangeable value of a product, being +measured neither by the opinion of the buyer nor that of the +seller, but by the amount of time and outlay which it has cost, +the property of each always remains the same. + +Are not these very simple truths? Well, as simple as they seem +to you, reader, you shall yet see others which surpass them in +dullness and simplicity. For our course is the reverse of that +of the geometricians: with them, the farther they advance, the +more difficult their problems become; we, on the contrary, after +having commenced with the most abstruse propositions, shall end +with the axioms. + +But I must close this chapter with an exposition of one of those +startling truths which never have been dreamed of by legists or +economists. + + +% 8.--That, from the Stand-point of Justice, Labor destroys +Property. + + +This proposition is the logical result of the two preceding +sections, which we have just summed up. + +The isolated man can supply but a very small portion of his +wants; all his power lies in association, and in the intelligent +combination of universal effort. The division and co-operation +of labor multiply the quantity and the variety of products; the +individuality of functions improves their quality. + +There is not a man, then, but lives upon the products of several +thousand different industries; not a laborer but receives from +society at large the things which he consumes, and, with these, +the power to reproduce. Who, indeed, would venture the +assertion, "I produce, by my own effort, all that I consume; I +need the aid of no one else"? The farmer, whom the early +economists regarded as the only real producer--the farmer, +housed, furnished, clothed, fed, and assisted by the mason, the +carpenter, the tailor, the miller, the baker, the butcher, the +grocer, the blacksmith, &c.,--the farmer, I say, can he boast +that he produces by his own unaided effort? + +The various articles of consumption are given to each by +all; consequently, the production of each involves the +production of all. One product cannot exist without another; an +isolated industry is an impossible thing. What would be the +harvest of the farmer, if others did not manufacture for him +barns, wagons, ploughs, clothes, &c.? Where would be the +savant without the publisher; the printer without the +typecaster and the machinist; and these, in their turn, without a +multitude of other industries? . . . Let us not prolong this +catalogue--so easy to extend--lest we be accused of uttering +commonplaces. All industries are united by mutual relations in a +single group; all productions do reciprocal service as means and +end; all varieties of talent are but a series of changes from the +inferior to the superior. + +Now, this undisputed and indisputable fact of the general +participation in every species of product makes all individual +productions common; so that every product, coming from the hands +of the producer, is mortgaged in advance by society. The +producer himself is entitled to only that portion of his product, +which is expressed by a fraction whose denominator is equal to +the number of individuals of which society is composed. It is +true that in return this same producer has a share in all the +products of others, so that he has a claim upon all, just as all +have a claim upon him; but is it not clear that this reciprocity +of mortgages, far from authorizing property, destroys even +possession? The laborer is not even possessor of his product; +scarcely has he finished it, when society claims it. + +"But," it will be answered, "even if that is so--even if the +product does not belong to the producer--still society gives each +laborer an equivalent for his product; and this equivalent, this +salary, this reward, this allowance, becomes his property. Do +you deny that this property is legitimate? And if the +laborer, instead of consuming his entire wages, chooses to +economize,--who dare question his right to do so?" + +The laborer is not even proprietor of the price of his labor, and +cannot absolutely control its disposition. Let us not be blinded +by a spurious justice. That which is given the laborer in +exchange for his product is not given him as a reward for past +labor, but to provide for and secure future labor. We consume +before we produce. The laborer may say at the end of the day, "I +have paid yesterday's expenses; to-morrow I shall pay those of +today." At every moment of his life, the member of society is in +debt; he dies with the debt unpaid:--how is it possible for him +to accumulate? + +They talk of economy--it is the proprietor's hobby. Under a +system of equality, all economy which does not aim at subsequent +reproduction or enjoyment is impossible--why? Because the thing +saved, since it cannot be converted into capital, has no object, +and is without a FINAL CAUSE. This will be explained more +fully in the next chapter. + +To conclude:-- + +The laborer, in his relation to society, is a debtor who of +necessity dies insolvent. The proprietor is an unfaithful +guardian who denies the receipt of the deposit committed to his +care, and wishes to be paid for his guardianship down to the last +day. + +Lest the principles just set forth may appear to certain readers +too metaphysical, I shall reproduce them in a more concrete form, +intelligible to the dullest brains, and pregnant with the most +important consequences. + +Hitherto, I have considered property as a power of EXCLUSION; +hereafter, I shall examine it as a power of INVASION. + + +CHAPTER IV. +THAT PROPERTY IS IMPOSSIBLE. + +The last resort of proprietors,--the overwhelming argument whose +invincible potency reassures them,--is that, in their opinion, +equality of conditions is impossible. "Equality of conditions is +a chimera," they cry with a knowing air; "distribute wealth +equally to-day--to-morrow this equality will have vanished." + +To this hackneyed objection, which they repeat everywhere with +the most marvellous assurance, they never fail to add the +following comment, as a sort of GLORY BE TO THE FATHER: "If +all men were equal, nobody would work." +This anthem is sung with variations. + +"If all were masters, nobody would obey." + +"If nobody were rich, who would employ the poor?" + +And, "If nobody were poor, who would labor for the rich?" + +But let us have done with invective--we have better arguments at +our command. + +If I show that property itself is impossible--that it is property +which is a contradiction, a chimera, a utopia; and if I show it +no longer by metaphysics and jurisprudence, but by figures, +equations, and calculations,--imagine the fright of the astounded +proprietor! And you, reader; what do you think of the retort? + +Numbers govern the world--mundum regunt numeri. This proverb +applies as aptly to the moral and political, as to the sidereal +and molecular, world. The elements of justice are identical with +those of algebra; legislation and government are simply the arts +of classifying and balancing powers; all jurisprudence falls +within the rules of arithmetic. This chapter and the next will +serve to lay the foundations of this extraordinary doctrine. +Then will be unfolded to the reader's vision an immense and novel +career; then shall we commence to see in numerical relations the +synthetic unity of philosophy and the sciences; and, filled with +admiration and enthusiasm for this profound and majestic +simplicity of Nature, we shall shout with the apostle: "Yes, the +Eternal has made all things by number, weight, and measure!" We +shall understand not only that equality of conditions is +possible, but that all else is impossible; that this seeming +impossibility which we charge upon it arises from the fact that +we always think of it in connection either with the proprietary +or the communistic regime,--political systems equally +irreconcilable with human nature. We shall see finally that +equality is constantly being realized without our knowledge, even +at the very moment when we are pronouncing it incapable of +realization; that the time draws near when, without any effort or +even wish of ours, we shall have it universally established; that +with it, in it, and by it, the natural and true political order +must make itself manifest. + +It has been said, in speaking of the blindness and obstinacy of +the passions, that, if man had any thing to gain by denying the +truths of arithmetic, he would find some means of unsettling +their certainty: here is an opportunity to try this curious +experiment. I attack property, no longer with its own maxims, +but with arithmetic. Let the proprietors prepare to verify +my figures; for, if unfortunately for them the figures prove +accurate, the proprietors are lost. + +In proving the impossibility of property, I complete the proof of +its injustice. In fact,-- + +That which is JUST must be USEFUL; + +That which is useful must be TRUE; + +That which is true must be POSSIBLE; + +Therefore, every thing which is impossible is untrue, useless, +unjust. Then,--a priori,--we may judge of the justice of any +thing by its possibility; so that if the thing were absolutely +impossible, it would be absolutely unjust. + + +PROPERTY IS PHYSICALLY AND MATHEMATICALLY IMPOSSIBLE. + +DEMONSTRATION. + +AXIOM.--Property is the Right of Increase claimed by the +Proprietor over any thing which he has stamped as his own. + + +This proposition is purely an axiom, because,-- + +1. It is not a definition, since it does not express all that is +included in the right of property--the right of sale, of +exchange, of gift; the right to transform, to alter, to consume, +to destroy, to use and abuse, &c. All these rights are so many +different powers of property, which we may consider separately; +but which we disregard here, that we may devote all our attention +to this single one,--the right of increase. + +2. It is universally admitted. No one can deny it without +denying the facts, without being instantly belied by universal +custom. + +3. It is self-evident, since property is always accompanied +(either actually or potentially) by the fact which this axiom +expresses; and through this fact, mainly, property manifests, +establishes, and asserts itself. + +4. Finally, its negation involves a contradiction. The right of +increase is really an inherent right, so essential a part of +property, that, in its absence, property is null and void. + +OBSERVATIONS.--Increase receives different names according to +the thing by which it is yielded: if by land, FARM-RENT; if by +houses and furniture, RENT; if by life-investments, REVENUE; +if by money, INTEREST; if by exchange, ADVANTAGE, GAIN, PROFIT +(three things which must not be confounded with the wages or +legitimate price of labor). + +Increase--a sort of royal prerogative, of tangible and consumable +homage--is due to the proprietor on account of his nominal and +metaphysical occupancy. His seal is set upon the thing; that is +enough to prevent any one else from occupying it without HIS +permission. + +This permission to use his things the proprietor may, if he +chooses, freely grant. Commonly he sells it. This sale is +really a stellionate and an extortion; but by the legal fiction +of the right of property, this same sale, severely punished, we +know not why, in other cases, is a source of profit and value to +the proprietor. + +The amount demanded by the proprietor, in payment for this +permission, is expressed in monetary terms by the dividend which +the supposed product yields in nature. So that, by the right of +increase, the proprietor reaps and does not plough; gleans and +does not till; consumes and does not produce; enjoys and does not +labor. Very different from the idols of the Psalmist are the +gods of property: the former had hands and felt not; the latter, +on the contrary, _manus habent et palpabunt_. +_ _The right of increase is conferred in a very mysterious and +supernatural manner. The inauguration of a proprietor is +accompanied by the awful ceremonies of an ancient +initiation. First, comes the CONSECRATION of the article; +a consecration which makes known to all that they must offer up a +suitable sacrifice to the proprietor, whenever they wish, by his +permission obtained and signed, to use his article. + +Second, comes the ANATHEMA, which prohibits--except on the +conditions aforesaid--all persons from touching the article, even +in the proprietor's absence; and pronounces every violator of +property sacrilegious, infamous, amenable to the secular power, +and deserving of being handed over to it. + +Finally, the DEDICATION, which enables the proprietor or patron +saint--the god chosen to watch over the article--to inhabit it +mentally, like a divinity in his sanctuary. By means of this +dedication, the substance of the article--so to speak--becomes +converted into the person of the proprietor, who is regarded as +ever present in its form. + +This is exactly the doctrine of the writers on jurisprudence. +"Property," says Toullier, "is a MORAL QUALITY inherent in a +thing; AN ACTUAL BOND which fastens it to the proprietor, and +which cannot be broken save by his act." Locke humbly doubted +whether God could make matter INTELLIGENT. Toullier asserts +that the proprietor renders it MORAL. How much does he lack of +being a God? These are by no means exaggerations. + +PROPERTY IS THE RIGHT OF INCREASE; that is, the power to +produce without labor. Now, to produce without labor is to make +something from nothing; in short, to create. Surely it is no +more difficult to do this than to moralize matter. The jurists +are right, then, in applying to proprietors this passage from the +Scriptures,--_Ego dixi: Dii estis et filii Excelsi omnes_,--"I +have said, Ye are gods; and all of you are children of the Most +High." + +PROPERTY IS THE RIGHT OF INCREASE. To us this axiom shall +be like the name of the beast in the Apocalypse,--a name in +which is hidden the complete explanation of the whole mystery of +this beast. It was known that he who should solve the mystery of +this name would obtain a knowledge of the whole prophecy, and +would succeed in mastering the beast. Well! by the most careful +interpretation of our axiom we shall kill the sphinx of property. + +Starting from this eminently characteristic fact--the RIGHT OF +INCREASE--we shall pursue the old serpent through his coils; we +shall count the murderous entwinings of this frightful taenia, +whose head, with its thousand suckers, is always hidden from the +sword of its most violent enemies, though abandoning to them +immense fragments of its body. It requires something more than +courage to subdue this monster. It was written that it should +not die until a proletaire, armed with a magic wand, had fought +with it. + +COROLLARIES.--1. THE AMOUNT OF INCREASE IS PROPORTIONAL TO THE +THING INCREASED. Whatever be the rate of interest,--whether it +rise to three, five, or ten per cent., or fall to one-half, one- +fourth, one-tenth,--it does not matter; the law of increase +remains the same. The law is as follows:-- + +All capital--the cash value of which can be estimated--may be +considered as a term in an arithmetical series which progresses +in the ratio of one hundred, and the revenue yielded by this +capital as the corresponding term of another arithmetical series +which progresses in a ratio equal to the rate of interest. Thus, +a capital of five hundred francs being the fifth term of the +arithmetical progression whose ratio is one hundred, its revenue +at three per cent. will be indicated by the fifth term of the +arithmetical progression whose ratio is three:-- + +100 . 200 . 300 . 400 . 500. + 3 . 6 . 9 . 12 . 15. + + +An acquaintance with this sort of LOGARITHMS--tables of which, +calculated to a very high degree, are possessed by proprietors-- +will give us the key to the most puzzling problems, and cause us +to experience a series of surprises. + +By this LOGARITHMIC theory of the right of increase, a piece of +property, together with its income, may be defined as A NUMBER +WHOSE LOGARITHM IS EQUAL TO THE SUM OF ITS UNITS DIVIDED BY ONE +HUNDRED, AND MULTIPLIED BY THE RATE OF INTEREST. For instance; +a house valued at one hundred thousand francs, and leased at five +per cent., yields a revenue of five thousand francs, according to +the formula 100,000 x 5 / 100 = five thousand. Vice versa, a +piece of land which yields, at two and a half per cent., a +revenue of three thousand francs is worth one hundred and twenty +thousand francs, according to this other formula; 3,000 x 100 / 2 +1/2 = one hundred and twenty thousand. + +In the first case, the ratio of the progression which marks the +increase of interest is five; in the second, it is two and a +half. + +OBSERVATION.--The forms of increase known as farm-rent, income, +and interest are paid annually; rent is paid by the week, the +month, or the year; profits and gains are paid at the time of +exchange. Thus, the amount of increase is proportional both to +the thing increased, and the time during which it increases; in +other words, usury grows like a cancer--_foenus serpit sicut +cancer_. + +2. THE INCREASE PAID TO THE PROPRIETOR BY THE OCCUPANT IS A +DEAD LOSS TO THE LATTER. For if the proprietor owed, in +exchange for the increase which he receives, some thing more than +the permission which he grants, his right of property would not +be perfect--he would not possess _jure optimo, jure perfecto;_ +that is, he would not be in reality a proprietor. Then, all +which passes from the hands of the occupant into those of +the proprietor in the name of increase, and as the price of the +permission to occupy, is a permanent gain for the latter, and a +dead loss and annihilation for the former; to whom none of it +will return, save in the forms of gift, alms, wages paid for his +services, or the price of merchandise which he has delivered. In +a word, increase perishes so far as the borrower is concerned; or +to use the more energetic Latin phrase,--_res perit solventi_. + +3. THE RIGHT OF INCREASE OPPRESSES THE PROPRIETOR AS WELL AS THE +STRANGER. The master of a thing, as its proprietor, levies a +tax for the use of his property upon himself as its possessor, +equal to that which he would receive from a third party; so that +capital bears interest in the hands of the capitalist, as well as +in those of the borrower and the commandite. If, indeed, +rather than accept a rent of five hundred francs for my +apartment, I prefer to occupy and enjoy it, it is clear that I +shall become my own debtor for a rent equal to that which I deny +myself. This principle is universally practised in business, and +is regarded as an axiom by the economists. Manufacturers, also, +who have the advantage of being proprietors of their floating +capital, although they owe no interest to any one, in calculating +their profits subtract from them, not only their running expenses +and the wages of their employees, but also the interest on their +capital. For the same reason, money-lenders retain in their own +possession as little money as possible; for, since all capital +necessarily bears interest, if this interest is supplied by no +one, it comes out of the capital, which is to that extent +diminished. Thus, by the right of increase, capital eats itself +up. This is, doubtless, the idea that Papinius intended to +convey in the phrase, as elegant as it is forcible--_Foenus +mordet solidam_. I beg pardon for using Latin so frequently in +discussing this subject; it is an homage which I pay to the +most usurious nation that ever existed. + + +FIRST PROPOSITION. + +Property is impossible, because it demands Something for +Nothing. + + +The discussion of this proposition covers the same ground as that +of the origin of farm-rent, which is so much debated by the +economists. When I read the writings of the greater part of +these men, I cannot avoid a feeling of contempt mingled with +anger, in view of this mass of nonsense, in which the detestable +vies with the absurd. It would be a repetition of the story of +the elephant in the moon, were it not for the atrocity of the +consequences. To seek a rational and legitimate origin of that +which is, and ever must be, only robbery, extortion, and +plunder--that must be the height of the proprietor's folly; the +last degree of bedevilment into which minds, otherwise judicious, +can be thrown by the perversity of selfishness. + + +"A farmer," says Say, "is a wheat manufacturer who, among other +tools which serve him in modifying the material from which he +makes the wheat, employs one large tool, which we call a field. +If he is not the proprietor of the field, if he is only a tenant, +he pays the proprietor for the productive service of this tool. +The tenant is reimbursed by the purchaser, the latter by another, +until the product reaches the consumer; who redeems the first +payment, PLUS all the others, by means of which the product has +at last come into his hands." + + +Let us lay aside the subsequent payments by which the product +reaches the consumer, and, for the present, pay attention only to +the first one of all,--the rent paid to the proprietor by the +tenant. On what ground, we ask, is the proprietor entitled to +this rent? + +According to Ricardo, MacCulloch, and Mill, farm-rent, +properly speaking, is simply the EXCESS OF THE PRODUCT OF +THE MOST FERTILE LAND OVER THAT OF LANDS OF AN INFERIOR QUALITY; +so that farm-rent is not demanded for the former until the +increase of population renders necessary the cultivation of the +latter. + +It is difficult to see any sense in this. How can a right to the +land be based upon a difference in the quality of the land? How +can varieties of soil engender a principle of legislation and +politics? This reasoning is either so subtle, or so stupid, that +the more I think of it, the more bewildered I become. Suppose +two pieces of land of equal area; the one, A, capable of +supporting ten thousand inhabitants; the other, B, capable of +supporting nine thousand only: when, owing to an increase in +their number, the inhabitants of A shall be forced to cultivate +B, the landed proprietors of A will exact from their tenants in A +a rent proportional to the difference between ten and nine. So +say, I think, Ricardo, MacCulloch, and Mill. But if A supports +as many inhabitants as it can contain,--that is, if the +inhabitants of A, by our hypothesis, have only just enough land +to keep them alive,--how can they pay farm-rent? + +If they had gone no farther than to say that the difference in +land has OCCASIONED farm-rent, instead of CAUSED it, this +observation would have taught us a valuable lesson; namely, that +farm-rent grew out of a desire for equality. Indeed, if all men +have an equal right to the possession of good land, no one can be +forced to cultivate bad land without indemnification. Farm- +rent--according to Ricardo, MacCulloch, and Mill--would then have +been a compensation for loss and hardship. This system of +practical equality is a bad one, no doubt; but it sprang from +good intentions. What argument can Ricardo, MacCulloch, and +Mill develop therefrom in favor of property? Their theory +turns against themselves, and strangles them. + +Malthus thinks that farm-rent has its source in the power +possessed by land of producing more than is necessary to supply +the wants of the men who cultivate it. I would ask Malthus why +successful labor should entitle the idle to a portion of the +products? + +But the worthy Malthus is mistaken in regard to the fact. Yes; +land has the power of producing more than is needed by those who +cultivate it, if by CULTIVATORS is meant tenants only. The +tailor also makes more clothes than he wears, and the cabinet- +maker more furniture than he uses. But, since the various +professions imply and sustain one another, not only the farmer, +but the followers of all arts and trades--even to the doctor and +the school-teacher--are, and ought to be, regarded as +CULTIVATORS OF THE LAND. Malthus bases farm-rent upon the +principle of commerce. Now, the fundamental law of commerce +being equivalence of the products exchanged, any thing which +destroys this equivalence violates the law. There is an error in +the estimate which needs to be corrected. + +Buchanan--a commentator on Smith--regarded farm-rent as the +result of a monopoly, and maintained that labor alone is +productive. Consequently, he thought that, without this +monopoly, products would rise in price; and he found no basis for +farm-rent save in the civil law. This opinion is a corollary of +that which makes the civil law the basis of property. But why +has the civil law--which ought to be the written expression of +justice--authorized this monopoly? Whoever says monopoly, +necessarily excludes justice. Now, to say that farm-rent is a +monopoly sanctioned by the law, is to say that injustice is based +on justice,--a contradiction in terms. + +Say answers Buchanan, that the proprietor is not a monopolist, +because a monopolist "is one who does not increase the utility of +the merchandise which passes through his hands." + +How much does the proprietor increase the utility of his tenant's +products? Has he ploughed, sowed, reaped, mowed, winnowed, +weeded? These are the processes by which the tenant and his +employees increase the utility of the material which they consume +for the purpose of reproduction. + + +"The landed proprietor increases the utility of products by means +of his implement, the land. This implement receives in one +state, and returns in another the materials of which wheat is +composed. The action of the land is a chemical process, which so +modifies the material that it multiplies it by destroying it. +The soil is then a producer of utility; and when it [the soil?] +asks its pay in the form of profit, or farm rent, for its +proprietor, it at the same time gives something to the consumer +in exchange for the amount which the consumer pays it. It gives +him a produced utility; and it is the production of this utility +which warrants us in calling land productive, as well as labor." + + +Let us clear up this matter. + +The blacksmith who manufactures for the farmer implements of +husbandry, the wheelwright who makes him a cart, the mason who +builds his barn, the carpenter, the basket-maker, &c.,--all of +whom contribute to agricultural production by the tools which +they provide,--are producers of utility; consequently, they are +entitled to a part of the products. + + +"Undoubtedly," says Say; "but the land also is an implement whose +service must be paid for, then. . . ." + + +I admit that the land is an implement; but who made it? Did the +proprietor? Did he--by the efficacious virtue of the right of +property, by this MORAL QUALITY infused into the soil--endow it +with vigor and fertility? Exactly there lies the monopoly of the +proprietor; in the fact that, though he did not make the +implement, he asks pay for its use. When the Creator shall +present himself and claim farm-rent, we will consider the matter +with him; or even when the proprietor--his pretended +representative--shall exhibit his power-of-attorney. + + +"The proprietor's service," adds Say, "is easy, I admit." + + +It is a frank confession. + + +"But we cannot disregard it. Without property, one farmer would +contend with another for the possession of a field without a +proprietor, and the field would remain uncultivated. . . ." + + +Then the proprietor's business is to reconcile farmers by robbing +them. O logic! O justice! O the marvellous wisdom of +economists! The proprietor, if they are right, is like Perrin- +Dandin who, when summoned by two travellers to settle a dispute +about an oyster, opened it, gobbled it, and said to them:-- + + +"The Court awards you each a shell." + + +Could any thing worse be said of property? + +Will Say tell us why the same farmers, who, if there were no +proprietors, would contend with each other for possession of the +soil, do not contend to-day with the proprietors for this +possession? Obviously, because they think them legitimate +possessors, and because their respect for even an imaginary right +exceeds their avarice. I proved, in Chapter II., that possession +is sufficient, without property, to maintain social order. Would +it be more difficult, then, to reconcile possessors without +masters than tenants controlled by proprietors? Would laboring +men, who respect--much to their own detriment--the pretended +rights of the idler, violate the natural rights of the producer +and the manufacturer? What! if the husbandman forfeited his +right to the land as soon as he ceased to occupy it, would he +become more covetous? And would the impossibility of demanding +increase, of taxing another's labor, be a source of quarrels and +law-suits? The economists use singular logic. But we are not +yet through. Admit that the proprietor is the legitimate master +of the land. + +"The land is an instrument of production," they say. That is +true. But when, changing the noun into an adjective, they alter +the phrase, thus, "The land is a productive instrument," they +make a wicked blunder. + +According to Quesnay and the early economists, all production +comes from the land. Smith, Ricardo, and de Tracy, on the +contrary, say that labor is the sole agent of production. Say, +and most of his successors, teach that BOTH land AND labor +AND capital are productive. The latter constitute the eclectic +school of political economy. The truth is, that NEITHER land +NOR labor NOR capital is productive. Production results from +the co-operation of these three equally necessary elements, +which, taken separately, are equally sterile. + +Political economy, indeed, treats of the production, +distribution, and consumption of wealth or values. But of what +values? Of the values produced by human industry; that is, of +the changes made in matter by man, that he may appropriate it to +his own use, and not at all of Nature's spontaneous productions. +Man's labor consists in a simple laying on of hands. When he has +taken that trouble, he has produced a value. Until then, the +salt of the sea, the water of the springs, the grass of the +fields, and the trees of the forests are to him as if they were +not. The sea, without the fisherman and his line, supplies no +fish. The forest, without the wood-cutter and his axe, furnishes +neither fuel nor timber. The meadow, without the mower, +yields neither hay nor aftermath. Nature is a vast mass of +material to be cultivated and converted into products; but Nature +produces nothing for herself: in the economical sense, her +products, in their relation to man, are not yet products. + +Capital, tools, and machinery are likewise unproductive. The +hammer and the anvil, without the blacksmith and the iron, do not +forge. The mill, without the miller and the grain, does not +grind, &c. Bring tools and raw material together; place a plough +and some seed on fertile soil; enter a smithy, light the fire, +and shut up the shop,--you will produce nothing. The following +remark was made by an economist who possessed more good sense +than most of his fellows: "Say credits capital with an active +part unwarranted by its nature; left to itself, it is an idle +tool." (J. Droz: Political Economy.) + +Finally, labor and capital together, when unfortunately combined, +produce nothing. Plough a sandy desert, beat the water of the +rivers, pass type through a sieve,--you will get neither wheat, +nor fish, nor books. Your trouble will be as fruitless as was +the immense labor of the army of Xerxes; who, as Herodotus says, +with his three million soldiers, scourged the Hellespont for +twenty-four hours, as a punishment for having broken and +scattered the pontoon bridge which the great king had thrown +across it. + +Tools and capital, land and labor, considered individually and +abstractly, are not, literally speaking, productive. The +proprietor who asks to be rewarded for the use of a tool, or the +productive power of his land, takes for granted, then, that which +is radically false; namely, that capital produces by its own +effort,--and, in taking pay for this imaginary product, he +literally receives something for nothing. + +OBJECTION.--But if the blacksmith, the wheelwright, all +manufacturers in short, have a right to the products in return +for the implements which they furnish; and if land is an +implement of production,--why does not this implement entitle its +proprietor, be his claim real or imaginary, to a portion of the +products; as in the case of the manufacturers of ploughs and +wagons? + +REPLY.--Here we touch the heart of the question, the mystery of +property; which we must clear up, if we would understand any +thing of the strange effects of the right of increase. + +He who manufactures or repairs the farmer's tools receives the +price ONCE, either at the time of delivery, or in several +payments; and when this price is once paid to the manufacturer, +the tools which he has delivered belong to him no more. Never +does he claim double payment for the same tool, or the same job +of repairs. If he annually shares in the products of the farmer, +it is owing to the fact that he annually makes something for the +farmer. + +The proprietor, on the contrary, does not yield his implement; +eternally he is paid for it, eternally he keeps it. + +In fact, the rent received by the proprietor is not intended to +defray the expense of maintaining and repairing the implement; +this expense is charged to the borrower, and does not concern the +proprietor except as he is interested in the preservation of the +article. If he takes it upon himself to attend to the repairs, +he takes care that the money which he expends for this purpose is +repaid. + +This rent does not represent the product of the implement, since +of itself the implement produces nothing; we have just proved +this, and we shall prove it more clearly still by its +consequences. + +Finally, this rent does not represent the participation of the +proprietor in the production; since this participation could +consist, like that of the blacksmith and the wheelwright, only in +the surrender of the whole or a part of his implement, in which +case he would cease to be its proprietor, which would involve a +contradiction of the idea of property. + +Then, between the proprietor and his tenant there is no exchange +either of values or services; then, as our axiom says, farm-rent +is real increase,--an extortion based solely upon fraud and +violence on the one hand, and weakness and ignorance upon the +other. PRODUCTS say the economists, ARE BOUGHT ONLY BY +PRODUCTS. This maxim is property's condemnation. The +proprietor, producing neither by his own labor nor by his +implement, and receiving products in exchange for nothing, is +either a parasite or a thief. Then, if property can exist only +as a right, property is impossible. + +COROLLARIES.--1. The republican constitution of 1793, which +defined property as "the right to enjoy the fruit of one's +labor," was grossly mistaken. It should have said, "Property is +the right to enjoy and dispose at will of another's goods,--the +fruit of another's industry and labor." + +2. Every possessor of lands, houses, furniture, machinery, tools, +money, &c., who lends a thing for a price exceeding the cost of +repairs (the repairs being charged to the lender, and +representing products which he exchanges for other products), is +guilty of swindling and extortion. In short, all rent received +(nominally as damages, but really as payment for a loan) is an +act of property,--a robbery. + +HISTORICAL COMMENT.--The tax which a victorious nation levies +upon a conquered nation is genuine farm-rent. The seigniorial +rights abolished by the Revolution of 1789,--tithes, mortmain, +statute-labor, &c.,--were different forms of the rights of +property; and they who under the titles of nobles, +seigneurs, prebendaries, &c. enjoyed these rights, were +neither more nor less than proprietors. To defend property to- +day is to condemn the Revolution. + + +SECOND PROPOSITION. + +Property is impossible because wherever it exists Production +costs more than it is worth. + + +The preceding proposition was legislative in its nature; this one +is economical. It serves to prove that property, which +originates in violence, results in waste. + + +"Production," says Say, "is exchange on a large scale. To render +the exchange productive the value of the whole amount of service +must be balanced by the value of the product. If this condition +is not complied with, the exchange is unequal; the producer gives +more than he receives." + + +Now, value being necessarily based upon utility, it follows that +every useless product is necessarily valueless,--that it cannot +be exchanged; and, consequently, that it cannot be given in +payment for productive services. + +Then, though production may equal consumption, it never can +exceed it; for there is no real production save where there is a +production of utility, and there is no utility save where there +is a possibility of consumption. Thus, so much of every product +as is rendered by excessive abundance inconsumable, becomes +useless, valueless, unexchangeable,--consequently, unfit to be +given in payment for any thing whatever, and is no longer a +product. + +Consumption, on the other hand, to be legitimate,--to be true +consumption,--must be reproductive of utility; for, if it is +unproductive, the products which it destroys are cancelled +values--things produced at a pure loss; a state of things +which causes products to depreciate in value. Man has the +power to destroy, but he consumes only that which he reproduces. +Under a right system of economy, there is then an equation +between production and consumption. + +These points established, let us suppose a community of one +thousand families, enclosed in a territory of a given +circumference, and deprived of foreign intercourse. Let this +community represent the human race, which, scattered over the +face of the earth, is really isolated. In fact, the difference +between a community and the human race being only a numerical +one, the economical results will be absolutely the same in each +case. + +Suppose, then, that these thousand families, devoting themselves +exclusively to wheat-culture, are obliged to pay to one hundred +individuals, chosen from the mass, an annual revenue of ten per +cent. on their product. It is clear that, in such a case, the +right of increase is equivalent to a tax levied in advance upon +social production. Of what use is this tax? + +It cannot be levied to supply the community with provisions, for +between that and farm-rent there is nothing in common; nor to pay +for services and products,--for the proprietors, laboring like +the others, have labored only for themselves. Finally, this tax +is of no use to its recipients who, having harvested wheat enough +for their own consumption, and not being able in a society +without commerce and manufactures to procure any thing else in +exchange for it, thereby lose the advantage of their income. + +In such a society, one-tenth of the product being inconsumable, +one-tenth of the labor goes unpaid--production costs more than it +is worth. + +Now, change three hundred of our wheat-producers into artisans of +all kinds: one hundred gardeners and wine-growers, sixty +shoemakers and tailors, fifty carpenters and blacksmiths, eighty +of various professions, and, that nothing may be lacking, seven +school-masters, one mayor, one judge, and one priest; each +industry furnishes the whole community with its special product. +Now, the total production being one thousand, each laborer's +consumption is one; namely, wheat, meat, and grain, 0.7; wine and +vegetables, 0.1; shoes and clothing, 0.06; iron-work and +furniture, 0.05; sundries, 0.08; instruction, 0.007; +administration, 0.002; mass, 0.001, Total 1. + +But the community owes a revenue of ten per cent.; and it matters +little whether the farmers alone pay it, or all the laborers are +responsible for it,--the result is the same. The farmer raises +the price of his products in proportion to his share of the debt; +the other laborers follow his example. Then, after some +fluctuations, equilibrium is established, and all pay nearly the +same amount of the revenue. It would be a grave error to assume +that in a nation none but farmers pay farm-rent--the whole nation +pays it. + +I say, then, that by this tax of ten per cent. each laborer's +consumption is reduced as follows: wheat, 0.63; wine and +vegetables, 0.09; clothing and shoes, 0.054; furniture and iron- +work, 0.045; other products, 0.072; schooling, 0.0063; +administration, 0.0018; mass, 0.0009. Total 0.9. + +The laborer has produced 1; he consumes only 0.9. He loses, +then, one-tenth of the price of his labor; his production still +costs more than it is worth. On the other hand, the tenth +received by the proprietors is no less a waste; for, being +laborers themselves, they, like the others, possess in the nine- +tenths of their product the wherewithal to live: they want for +nothing. Why should they wish their proportion of bread, wine, +meat, clothes, shelter, &c., to be doubled, if they can +neither consume nor exchange them? Then farm-rent, with them as +with the rest of the laborers, is a waste, and perishes in their +hands. Extend the hypothesis, increase the number and variety of +the products, you still have the same result. + +Hitherto, we have considered the proprietor as taking part in the +production, not only (as Say says) by the use of his instrument, +but in an effective manner and by the labor of his hands. Now, +it is easy to see that, under such circumstances, property will +never exist. What happens? + +The proprietor--an essentially libidinous animal, without virtue +or shame--is not satisfied with an orderly and disciplined life. +He loves property, because it enables him to do at leisure what +he pleases and when he pleases. Having obtained the means of +life, he gives himself up to trivialities and indolence; he +enjoys, he fritters away his time, he goes in quest of +curiosities and novel sensations. Property--to enjoy itself--has +to abandon ordinary life, and busy itself in luxurious +occupations and unclean enjoyments. + +Instead of giving up a farm-rent, which is perishing in their +hands, and thus lightening the labor of the community, our +hundred proprietors prefer to rest. In consequence of this +withdrawal,--the absolute production being diminished by one +hundred, while the consumption remains the same,--production and +consumption seem to balance. But, in the first place, since the +proprietors no longer labor, their consumption is, according to +economical principles, unproductive; consequently, the previous +condition of the community--when the labor of one hundred was +rewarded by no products--is superseded by one in which the +products of one hundred are consumed without labor. The deficit +is always the same, whichever the column of the account in which +it is expressed. Either the maxims of political economy are +false, or else property, which contradicts them, is impossible. + +The economists--regarding all unproductive consumption as an +evil, as a robbery of the human race--never fail to exhort +proprietors to moderation, labor, and economy; they preach to +them the necessity of making themselves useful, of remunerating +production for that which they receive from it; they launch the +most terrible curses against luxury and laziness. Very beautiful +morality, surely; it is a pity that it lacks common sense. The +proprietor who labors, or, as the economists say, WHO MAKES +HIMSELF USEFUL, is paid for this labor and utility; is he, +therefore, any the less idle as concerns the property which he +does not use, and from which he receives an income? His +condition, whatever he may do, is an unproductive and FELONIOUS +one; he cannot cease to waste and destroy without ceasing to be a +proprietor. + +But this is only the least of the evils which property engenders. + +Society has to maintain some idle people, whether or no. It will +always have the blind, the maimed, the insane, and the idiotic. +It can easily support a few sluggards. At this point, the +impossibilities thicken and become complicated. + + +THIRD PROPOSITION. + +Property is impossible, because, with a given capital, +Production is proportional to labor, not to property. + + +To pay a farm-rent of one hundred at the rate of ten per cent. of +the product, the product must be one thousand; that the product +may be one thousand, a force of one thousand laborers is needed. +It follows, that in granting a furlough, as we have just done, to +our one hundred laborer-proprietors, all of whom had an equal +right to lead the life of men of income,--we have placed +ourselves in a position where we are unable to pay their +revenues. In fact, the productive power, which at first was one +thousand, being now but nine hundred, the production is also +reduced to nine hundred, one-tenth of which is ninety. Either, +then, ten proprietors out of the one hundred cannot be paid,-- +provided the remaining ninety are to get the whole amount of +their farm-rent,--or else all must consent to a decrease of ten +per cent. For it is not for the laborer, who has been wanting in +no particular, who has produced as in the past, to suffer by the +withdrawal of the proprietor. The latter must take the +consequences of his own idleness. But, then, the proprietor +becomes poorer for the very reason that he wishes to enjoy; by +exercising his right, he loses it; so that property seems to +decrease and vanish in proportion as we try to lay hold of it,-- +the more we pursue it, the more it eludes our grasp. What sort +of a right is that which is governed by numerical relations, and +which an arithmetical calculation can destroy? + +The laborer-proprietor received, first, as laborer, 0.9 in wages; +second, as proprietor, 1 in farm-rent. He said to himself, "My +farm-rent is sufficient; I have enough and to spare without my +labor." And thus it is that the income upon which he calculated +gets diminished by one-tenth,--he at the same time not even +suspecting the cause of this diminution. By taking part in the +production, he was himself the creator of this tenth which has +vanished; and while he thought to labor only for himself, he +unwittingly suffered a loss in exchanging his products, by which +he was made to pay to himself one-tenth of his own farm-rent. +Like every one else, he produced 1, and received but 0.9 + +If, instead of nine hundred laborers, there had been but five +hundred, the whole amount of farm-rent would have been +reduced to fifty; if there had been but one hundred, it +would have fallen to ten. We may posit, then, the following +axiom as a law of proprietary economy: INCREASE MUST DIMINISH +AS THE NUMBER OF IDLERS AUGMENTS. + +_ _This first result will lead us to another more surprising +still. Its effect is to deliver us at one blow from all the +evils of property, without abolishing it, without wronging +proprietors, and by a highly conservative process. + +We have just proved that, if the farm-rent in a community of one +thousand laborers is one hundred, that of nine hundred would be +ninety, that of eight hundred, eighty, that of one hundred, ten, +&c. So that, in a community where there was but one laborer, the +farm-rent would be but 0.1; no matter how great the extent and +value of the land appropriated. Therefore, WITH A GIVEN LANDED +CAPITAL, PRODUCTION IS PROPORTIONAL TO LABOR, NOT TO PROPERTY. + +Guided by this principle, let us try to ascertain the maximum +increase of all property whatever. + +What is, essentially, a farm-lease? It is a contract by which +the proprietor yields to a tenant possession of his land, in +consideration of a portion of that which it yields him, the +proprietor. If, in consequence of an increase in his household, +the tenant becomes ten times as strong as the proprietor, he will +produce ten times as much. Would the proprietor in such a case +be justified in raising the farm-rent tenfold? His right is not, +The more you produce, the more I demand. It is, The more I +sacrifice, the more I demand. The increase in the tenant's +household, the number of hands at his disposal, the resources of +his industry,--all these serve to increase production, but bear +no relation to the proprietor. His claims are to be measured by +his own productive capacity, not that of others. Property is +the right of increase, not a poll-tax. How could a man, +hardly capable of cultivating even a few acres by himself, demand +of a community, on the ground of its use of ten thousand acres of +his property, ten thousand times as much as he is incapable of +producing from one acre? Why should the price of a loan be +governed by the skill and strength of the borrower, rather than +by the utility sacrificed by the proprietor? We must recognize, +then, this second economical law: INCREASE IS MEASURED BY A +FRACTION OF THE PROPRIETORS PRODUCTION. + +Now, this production, what is it? In other words, What can the +lord and master of a piece of land justly claim to have +sacrificed in lending it to a tenant? + +The productive capacity of a proprietor, like that of any +laborer, being one, the product which he sacrifices in +surrendering his land is also one. If, then, the rate of +increase is ten per cent., the maximum increase is 0.1. + +But we have seen that, whenever a proprietor withdraws from +production, the amount of products is lessened by 1. Then the +increase which accrues to him, being equal to 0.1 while he +remains among the laborers, will be equal after his withdrawal, +by the law of the decrease of farm-rent, to 0.09. Thus we are +led to this final formula: THE MAXIMUM INCOME OF A PROPRIETOR +IS EQUAL TO THE SQUARE ROOT OF THE PRODUCT OF ONE LABORER (some +number being agreed upon to express this product). THE +DIMINUTION WHICH THIS INCOME SUFFERS, IF THE PROPRIETOR IS IDLE, +IS EQUAL TO A FRACTION WHOSE NUMERATOR IS 1, AND WHOSE +DENOMINATOR IS THE NUMBER WHICH EXPRESSES THE PRODUCT. + +Thus the maximum income of an idle proprietor, or of one who +labors in his own behalf outside of the community, figured at ten +per cent. on an average production of one thousand francs +per laborer, would be ninety francs. If, then, there are in +France one million proprietors with an income of one thousand +francs each, which they consume unproductively, instead of the +one thousand millions which are paid them annually, they are +entitled in strict justice, and by the most accurate calculation, +to ninety millions only. + +It is something of a reduction, to take nine hundred and ten +millions from the burdens which weigh so heavily upon the +laboring class! Nevertheless, the account is not finished, and +the laborer is still ignorant of the full extent of his rights. + +What is the right of increase when confined within just limits? +A recognition of the right of occupancy. But since all have an +equal right of occupancy, every man is by the same title a +proprietor. Every man has a right to an income equal to a +fraction of his product. If, then, the laborer is obliged by the +right of property to pay a rent to the proprietor, the proprietor +is obliged by the same right to pay the same amount of rent to +the laborer; and, since their rights balance each other, the +difference between them is zero. + +_Scholium_.--If farm-rent is only a fraction of the supposed +product of the proprietor, whatever the amount and value of the +property, the same is true in the case of a large number of small +and distinct proprietors. For, although one man may use the +property of each separately, he cannot use the property of all at +the same time. + +To sum up. The right of increase, which can exist only within +very narrow limits, defined by the laws of production, is +annihilated by the right of occupancy. Now, without the right of +increase, there is no property. Then property is impossible. + + + + +FOURTH PROPOSITION. + +Property is impossible, because it is Homicide. + + +If the right of increase could be subjected to the laws of reason +and justice, it would be reduced to an indemnity or reward whose +MAXIMUM never could exceed, for a single laborer, a certain +fraction of that which he is capable of producing. This we have +just shown. But why should the right of increase--let us not +fear to call it by its right name, the right of robbery--be +governed by reason, with which it has nothing in common? The +proprietor is not content with the increase allotted him by good +sense and the nature of things: he demands ten times, a hundred +times, a thousand times, a million times as much. By his own +labor, his property would yield him a product equal only to one; +and he demands of society, no longer a right proportional to his +productive capacity, but a per capita tax. He taxes his +fellows in proportion to their strength, their number, and their +industry. A son is born to a farmer. "Good!" says the +proprietor; "one more chance for increase!" By what process has +farm-rent been thus changed into a poll-tax? Why have our +jurists and our theologians failed, with all their shrewdness, to +check the extension of the right of increase? + +The proprietor, having estimated from his own productive capacity +the number of laborers which his property will accommodate, +divides it into as many portions, and says: "Each one shall +yield me revenue." To increase his income, he has only to divide +his property. Instead of reckoning the interest due him on his +labor, he reckons it on his capital; and, by this substitution, +the same property, which in the hands of its owner is capable of +yielding only one, is worth to him ten, a hundred, a +thousand, a million. Consequently, he has only to hold himself +in readiness to register the names of the laborers who apply to +him--his task consists in drafting leases and receipts. + +Not satisfied with the lightness of his duties, the proprietor +does not intend to bear even the deficit resulting from his +idleness; he throws it upon the shoulders of the producer, of +whom he always demands the same reward. When the farm-rent of a +piece of land is once raised to its highest point, the proprietor +never lowers it; high prices, the scarcity of labor, the +disadvantages of the season, even pestilence itself, have no +effect upon him--why should he suffer from hard times when he +does not labor? + +Here commences a new series of phenomena. + +Say--who reasons with marvellous clearness whenever he assails +taxation, but who is blind to the fact that the proprietor, as +well as the tax-gatherer, steals from the tenant, and in the same +manner--says in his second letter to Malthus:-- + + +"If the collector of taxes and those who employ him consume one- +sixth of the products, they thereby compel the producers to feed, +clothe, and support themselves on five-sixths of what they +produce. They admit this, but say at the same time that it is +possible for each one to live on five-sixths of what he produces. + +I admit that, if they insist upon it; but I ask if they believe +that the producer would live as well, in case they demanded of +him, instead of one-sixth, two-sixths, or one-third, of their +products? No; but he would still live. Then I ask whether he +would still live, in case they should rob him of two- +thirds, . . . then three-quarters? But I hear no reply." + + +If the master of the French economists had been less blinded by +his proprietary prejudices, he would have seen that farm-rent has +precisely the same effect. + +Take a family of peasants composed of six persons,--father, +mother, and four children,--living in the country, and +cultivating a small piece of ground. Let us suppose that by +hard labor they manage, as the saying is, to make both ends meet; +that, having lodged, warmed, clothed, and fed themselves, they +are clear of debt, but have laid up nothing. Taking the years +together, they contrive to live. If the year is prosperous, the +father drinks a little more wine, the daughters buy themselves a +dress, the sons a hat; they eat a little cheese, and, +occasionally, some meat. I say that these people are on the road +to wreck and ruin. + +For, by the third corollary of our axiom, they owe to themselves +the interest on their own capital. Estimating this capital at +only eight thousand francs at two and a half per cent., there is +an annual interest of two hundred francs to be paid. If, then, +these two hundred francs, instead of being subtracted from the +gross product to be saved and capitalized, are consumed, there is +an annual deficit of two hundred francs in the family assets; so +that at the end of forty years these good people, without +suspecting it, will have eaten up their property and become +bankrupt! + +This result seems ridiculous--it is a sad reality. + +The conscription comes. What is the conscription? An act of +property exercised over families by the government without +warning--a robbery of men and money. The peasants do not like to +part with their sons,--in that I do not think them wrong. It is +hard for a young man of twenty to gain any thing by life in the +barracks; unless he is depraved, he detests it. You can +generally judge of a soldier's morality by his hatred of his +uniform. Unfortunate wretches or worthless scamps,--such is the +make-up of the French army. This ought not to be the case,--but +so it is. Question a hundred thousand men, and not one will +contradict my assertion. + +Our peasant, in redeeming his two conscripted sons, expends four +thousand francs, which he borrows for that purpose; the interest +on this, at five per cent., is two hundred francs;--a sum equal +to that referred to above. If, up to this time, the production +of the family, constantly balanced by its consumption, has been +one thousand two hundred francs, or two hundred francs per +persons--in order to pay this interest, either the six laborers +must produce as much as seven, or must consume as little as five. + +Curtail consumption they cannot--how can they curtail necessity? +To produce more is impossible; they can work neither harder nor +longer. Shall they take a middle course, and consume five and a +half while producing six and a half? They would soon find that +with the stomach there is no compromise--that beyond a certain +degree of abstinence it is impossible to go--that strict +necessity can be curtailed but little without injury to the +health; and, as for increasing the product,--there comes a storm, +a drought, an epizootic, and all the hopes of the farmer are +dashed. In short, the rent will not be paid, the interest will +accumulate, the farm will be seized, and the possessor ejected. + +Thus a family, which lived in prosperity while it abstained from +exercising the right of property, falls into misery as soon as +the exercise of this right becomes a necessity. Property +requires of the husbandman the double power of enlarging his +land, and fertilizing it by a simple command. While a man is +simply possessor of the land, he finds in it means of +subsistence; as soon as he pretends to proprietorship, it +suffices him no longer. Being able to produce only that which he +consumes, the fruit of his labor is his recompense for his +trouble--nothing is left for the instrument. + +Required to pay what he cannot produce,--such is the +condition of the tenant after the proprietor has retired +from social production in order to speculate upon the labor of +others by new methods. + +Let us now return to our first hypothesis. + +The nine hundred laborers, sure that their future production will +equal that of the past, are quite surprised, after paying their +farm-rent, to find themselves poorer by one-tenth than they were +the previous year. In fact, this tenth--which was formerly +produced and paid by the proprietor-laborer who then took part in +the production, and paid part of the--public expenses--now has +not been produced, and has been paid. It must then have been +taken from the producer's consumption. To choke this +inexplicable deficit, the laborer borrows, confident of his +intention and ability to return,--a confidence which is shaken +the following year by a new loan, PLUS the interest on the +first. From whom does he borrow? From the proprietor. The +proprietor lends his surplus to the laborer; and this surplus, +which he ought to return, becomes--being lent at interest--a new +source of profit to him. Then debts increase indefinitely; the +proprietor makes advances to the producer who never returns them; +and the latter, constantly robbed and constantly borrowing from +the robbers, ends in bankruptcy, defrauded of all that he had. + +Suppose that the proprietor--who needs his tenant to furnish him +with an income--then releases him from his debts. He will thus +do a very benevolent deed, which will procure for him a +recommendation in the curate's prayers; while the poor tenant, +overwhelmed by this unstinted charity, and taught by his +catechism to pray for his benefactors, will promise to redouble +his energy, and suffer new hardships that he may discharge his +debt to so kind a master. + +This time he takes precautionary measures; he raises the +price of grains. The manufacturer does the same with his +products. The reaction comes, and, after some fluctuation, the +farm-rent--which the tenant thought to put upon the +manufacturer's shoulders--becomes nearly balanced. So that, +while he is congratulating himself upon his success, he finds +himself again impoverished, but to an extent somewhat smaller +than before. For the rise having been general, the proprietor +suffers with the rest; so that the laborers, instead of being +poorer by one-tenth, lose only nine-hundredths. But always it is +a debt which necessitates a loan, the payment of interest, +economy, and fasting. Fasting for the nine-hundredths which +ought not to be paid, and are paid; fasting for the redemption of +debts; fasting to pay the interest on them. Let the crop fail, +and the fasting becomes starvation. They say, "IT IS NECESSARY +TO WORK MORE." That means, obviously, that IT IS NECESSARY TO +PRODUCE MORE. By what conditions is production effected? By +the combined action of labor, capital, and land. As for the +labor, the tenant undertakes to furnish it; but capital is formed +only by economy. Now, if the tenant could accumulate any thing, +he would pay his debts. But granting that he has plenty of +capital, of what use would it be to him if the extent of the land +which he cultivates always remained the same? He needs to +enlarge his farm. + +Will it be said, finally, that he must work harder and to better +advantage? But, in our estimation of farm-rent, we have assumed +the highest possible average of production. Were it not the +highest, the proprietor would increase the farm-rent. Is not +this the way in which the large landed proprietors have gradually +raised their rents, as fast as they have ascertained by the +increase in population and the development of industry how much +society can produce from their property? The proprietor is +a foreigner to society; but, like the vulture, his eyes fixed +upon his prey, he holds himself ready to pounce upon and devour +it. + +The facts to which we have called attention, in a community of +one thousand persons, are reproduced on a large scale in every +nation and wherever human beings live, but with infinite +variations and in innumerable forms, which it is no part of my +intention to describe. + +In fine, property--after having robbed the laborer by usury-- +murders him slowly by starvation. Now, without robbery and +murder, property cannot exist; with robbery and murder, it soon +dies for want of support. Therefore it is impossible. + + +FIFTH PROPOSITION. + + +Property is impossible, because, if it exists, Society devours +itself. + + +When the ass is too heavily loaded, he lies down; man always +moves on. Upon this indomitable courage, the proprietor--well +knowing that it exists--bases his hopes of speculation. The free +laborer produces ten; for me, thinks the proprietor, he will +produce twelve. + +Indeed,--before consenting to the confiscation of his fields, +before bidding farewell to the paternal roof,--the peasant, whose +story we have just told, makes a desperate effort; he leases new +land; he will sow one-third more; and, taking half of this new +product for himself, he will harvest an additional sixth, and +thereby pay his rent. What an evil! To add one-sixth to his +production, the farmer must add, not one-sixth, but two-sixths to +his labor. At such a price, he pays a farm-rent which in God's +eyes he does not owe. + +The tenant's example is followed by the manufacturer. The former +tills more land, and dispossesses his neighbors; the latter +lowers the price of his merchandise, and endeavors to monopolize +its manufacture and sale, and to crush out his competitors. To +satisfy property, the laborer must first produce beyond his +needs. Then, he must produce beyond his strength; for, by the +withdrawal of laborers who become proprietors, the one always +follows from the other. But to produce beyond his strength and +needs, he must invade the production of another, and consequently +diminish the number of producers. Thus the proprietor--after +having lessened production by stepping outside--lessens it still +further by encouraging the monopoly of labor. Let us calculate +it. + +The laborer's deficit, after paying his rent, being, as we have +seen, one-tenth, he tries to increase his production by this +amount. He sees no way of accomplishing this save by increasing +his labor: this also he does. The discontent of the proprietors +who have not received the full amount of their rent; the +advantageous offers and promises made them by other farmers, whom +they suppose more diligent, more industrious, and more reliable; +the secret plots and intrigues,--all these give rise to a +movement for the re-division of labor, and the elimination of a +certain number of producers. Out of nine hundred, ninety will be +ejected, that the production of the others may be increased one- +tenth. But will the total product be increased? Not in the +least: there will be eight hundred and ten laborers producing as +nine hundred, while, to accomplish their purpose, they would have +to produce as one thousand. Now, it having been proved that +farm-rent is proportional to the landed capital instead of to +labor, and that it never diminishes, the debts must continue +as in the past, while the labor has increased. Here, then, +we have a society which is continually decimating itself, and +which would destroy itself, did not the periodical occurrence of +failures, bankruptcies, and political and economical catastrophes +re-establish equilibrium, and distract attention from the real +causes of the universal distress. + +The monopoly of land and capital is followed by economical +processes which also result in throwing laborers out of +employment. Interest being a constant burden upon the shoulders +of the farmer and the manufacturer, they exclaim, each speaking +for himself, "I should have the means wherewith to pay my rent +and interest, had I not to pay so many hands." Then those +admirable inventions, intended to assure the easy and speedy +performance of labor, become so many infernal machines which kill +laborers by thousands. + + +"A few years ago, the Countess of Strafford ejected fifteen +thousand persons from her estate, who, as tenants, added to its +value. This act of private administration was repeated in 1820, +by another large Scotch proprietor, towards six hundred tenants +and their families."--Tissot: on Suicide and Revolt. + +_ _The author whom I quote, and who has written eloquent words +concerning the revolutionary spirit which prevails in modern +society, does not say whether he would have disapproved of a +revolt on the part of these exiles. For myself, I avow boldly +that in my eyes it would have been the first of rights, and the +holiest of duties; and all that I desire to-day is that my +profession of faith be understood. + +Society devours itself,--1. By the violent and periodical +sacrifice of laborers: this we have just seen, and shall see +again; 2. By the stoppage of the producer's consumption caused by +property. These two modes of suicide are at first simultaneous; +but soon the first is given additional force by the second, +famine uniting with usury to render labor at once more necessary +and more scarce. + +By the principles of commerce and political economy, that an +industrial enterprise may be successful, its product must +furnish,--1. The interest on the capital employed; 2. Means for +the preservation of this capital; 3. The wages of all the +employees and contractors. Further, as large a profit as +possible must be realized. + +The financial shrewdness and rapacity of property is worthy of +admiration. Each different name which increase takes affords the +proprietor an opportunity to receive it,--1. In the form of +interest; 2. In the form of profit. For, it says, a part of the +income derived from manufactures consists of interest on the +capital employed. If one hundred thousand francs have been +invested in a manufacturing enterprise, and in a year's time five +thousand francs have been received therefrom in addition to the +expenses, there has been no profit, but only interest on the +capital. Now, the proprietor is not a man to labor for nothing. +Like the lion in the fable, he gets paid in each of his +capacities; so that, after he has been served, nothing is left +for his associates. + + _Ego primam tollo, nominor quia leo. + Secundam quia sum fortis tribuctis mihi. + Tum quia plus valeo, me sequetur tertia. + Malo adficietur, si quis quartam tetigerit._ + + +I know nothing prettier than this fable. + + "I am the contractor. I take the first share. + I am the laborer, I take the second. + I am the capitalist, I take the third. + I am the proprietor, I take the whole." + + +In four lines, Phaedrus has summed up all the forms of property. + +I say that this interest, all the more then this profit, is +impossible. + +What are laborers in relation to each other? So many members of +a large industrial society, to each of whom is assigned a certain +portion of the general production, by the principle of the +division of labor and functions. Suppose, first, that this +society is composed of but three individuals,-- a cattle-raiser, +a tanner, and a shoemaker. The social industry, then, is that of +shoemaking. If I should ask what ought to be each producer's +share of the social product, the first schoolboy whom I should +meet would answer, by a rule of commerce and association, that it +should be one-third. But it is not our duty here to balance the +rights of laborers conventionally associated: we have to prove +that, whether associated or not, our three workers are obliged to +act as if they were; that, whether they will or no, they are +associated by the force of things, by mathematical necessity. + +Three processes are required in the manufacture of shoes,--the +rearing of cattle, the preparation of their hides, and the +cutting and sewing. If the hide, on leaving the farmer's stable, +is worth one, it is worth two on leaving the tanner's pit, and +three on leaving the shoemaker's shop. Each laborer has produced +a portion of the utility; so that, by adding all these portions +together, we get the value of the article. To obtain any +quantity whatever of this article, each producer must pay, then, +first for his own labor, and second for the labor of the other +producers. Thus, to obtain as many shoes as can be made from ten +hides, the farmer will give thirty raw hides, and the tanner +twenty tanned hides. For, the shoes that are made from ten hides +are worth thirty raw hides, in consequence of the extra labor +bestowed upon them; just as twenty tanned hides are worth thirty +raw hides, on account of the tanner's labor. But if the +shoemaker demands thirty-three in the farmer's product, or +twenty-two in the tanner's, for ten in his own, there will be no +exchange; for, if there were, the farmer and the tanner, after +having paid the shoemaker ten for his labor, would have to pay +eleven for that which they had themselves sold for ten,--which, +of course, would be impossible.[1] + +[1] There is an error in the author's calculation here; but the +translator, feeling sure that the reader will understand +Proudhon's meaning, prefers not to alter his figures.-- +Translator. + + + + +Well, this is precisely what happens whenever an emolument of any +kind is received; be it called revenue, farm-rent, interest, or +profit. In the little community of which we are speaking, if the +shoemaker--in order to procure tools, buy a stock of leather, and +support himself until he receives something from his investment-- +borrows money at interest, it is clear that to pay this interest +he will have to make a profit off the tanner and the farmer. But +as this profit is impossible unless fraud is used, the interest +will fall back upon the shoulders of the unfortunate shoemaker, +and ruin him. + +I have imagined a case of unnatural simplicity. There is no +human society but sustains more than three vocations. The most +uncivilized society supports numerous industries; to-day, the +number of industrial functions (I mean by industrial functions +all useful functions) exceeds, perhaps, a thousand. However +numerous the occupations, the economic law remains the same,-- +THAT THE PRODUCER MAY LIVE, HIS WAGES MUST REPURCHASE HIS +PRODUCT. + +_ _The economists cannot be ignorant of this rudimentary +principle of their pretended science: why, then, do they so +obstinately defend property, and inequality of wages, and +the legitimacy of usury, and the honesty of profit,--all of +which contradict the economic law, and make exchange impossible? +A contractor pays one hundred thousand francs for raw material, +fifty thousand francs in wages, and then expects to receive a +product of two hundred thousand francs,--that is, expects to make +a profit on the material and on the labor of his employees; but +if the laborers and the purveyor of the material cannot, with +their combined wages, repurchase that which they have produced +for the contractor, how can they live? I will develop my +question. Here details become necessary. + +If the workingman receives for his labor an average of three +francs per day, his employer (in order to gain any thing beyond +his own salary, if only interest on his capital) must sell the +day's labor of his employee, in the form of merchandise, for more +than three francs. The workingman cannot, then, repurchase that +which he has produced for his master. It is thus with all trades +whatsoever. The tailor, the hatter, the cabinet-maker, the +blacksmith, the tanner, the mason, the jeweller, the printer, the +clerk, &c., even to the farmer and wine-grower, cannot repurchase +their products; since, producing for a master who in one form or +another makes a profit, they are obliged to pay more for their +own labor than they get for it. + +In France, twenty millions of laborers, engaged in all the +branches of science, art, and industry, produce every thing which +is useful to man. Their annual wages amount, it is estimated. +to twenty thousand millions; but, in consequence of the right of +property, and the multifarious forms of increase, premiums, +tithes, interests, fines, profits, farm-rents, house-rents, +revenues, emoluments of every nature and description, their +products are estimated by the proprietors and employers at +twenty-five thousand millions. What does that signify? That the +laborers, who are obliged to repurchase these products in order +to live, must either pay five for that which they produced for +four, or fast one day in five. + +If there is an economist in France able to show that this +calculation is false, I summon him to appear; and I promise to +retract all that I have wrongfully and wickedly uttered in my +attacks upon property. + +Let us now look at the results of this profit. + +If the wages of the workingmen were the same in all pursuits, the +deficit caused by the proprietor's tax would be felt equally +everywhere; but also the cause of the evil would be so apparent, +that it would soon be discovered and suppressed. But, as there +is the same inequality of wages (from that of the scavenger up to +that of the minister of state) as of property, robbery +continually rebounds from the stronger to the weaker; so that, +since the laborer finds his hardships increase as he descends in +the social scale, the lowest class of people are literally +stripped naked and eaten alive by the others. + +The laboring people can buy neither the cloth which they weave, +nor the furniture which they manufacture, nor the metal which +they forge, nor the jewels which they cut, nor the prints which +they engrave. They can procure neither the wheat which they +plant, nor the wine which they grow, nor the flesh of the animals +which they raise. They are allowed neither to dwell in the +houses which they build, nor to attend the plays which their +labor supports, nor to enjoy the rest which their body requires. +And why? Because the right of increase does not permit these +things to be sold at the cost-price, which is all that laborers +can afford to pay. On the signs of those magnificent warehouses +which he in his poverty admires, the laborer reads in large +letters: "This is thy work, and thou shalt not have it." _Sic +vos non vobis_! + +Every manufacturer who employs one thousand laborers, and gains +from them daily one sou each, is slowly pushing them into a state +of misery. Every man who makes a profit has entered into a +conspiracy with famine. But the whole nation has not even this +labor, by means of which property starves it. And why? Because +the workers are forced by the insufficiency of their wages to +monopolize labor; and because, before being destroyed by dearth, +they destroy each other by competition. Let us pursue this truth +no further. + +If the laborer's wages will not purchase his product, it follows +that the product is not made for the producer. For whom, then, +is it intended? For the richer consumer; that is, for only a +fraction of society. But when the whole society labors, it +produces for the whole society. If, then, only a part of society +consumes, sooner or later a part of society will be idle. Now, +idleness is death, as well for the laborer as for the proprietor. + +This conclusion is inevitable. + +The most distressing spectacle imaginable is the sight of +producers resisting and struggling against this mathematical +necessity, this power of figures to which their prejudices blind +them. + +If one hundred thousand printers can furnish reading-matter +enough for thirty-four millions of men, and if the price of books +is so high that only one-third of that number can afford to buy +them, it is clear that these one hundred thousand printers will +produce three times as much as the booksellers can sell. That +the products of the laborers may never exceed the demands of the +consumers, the laborers must either rest two days out of three, +or, separating into three groups, relieve each other three times +a week, month, or quarter; that is, during two-thirds of +their life they must not live. But industry, under the influence +of property, does not proceed with such regularity. It endeavors +to produce a great deal in a short time, because the greater the +amount of products, and the shorter the time of production, the +less each product costs. As soon as a demand begins to be felt, +the factories fill up, and everybody goes to work. Then business +is lively, and both governors and governed rejoice. But the more +they work to-day, the more idle will they be hereafter; the more +they laugh, the more they shall weep. Under the rule of +property, the flowers of industry are woven into none but funeral +wreaths. The laborer digs his own grave. + +If the factory stops running, the manufacturer has to pay +interest on his capital the same as before. He naturally tries, +then, to continue production by lessening expenses. Then comes +the lowering of wages; the introduction of machinery; the +employment of women and children to do the work of men; bad +workmen, and wretched work. They still produce, because the +decreased cost creates a larger market; but they do not produce +long, because, the cheapness being due to the quantity and +rapidity of production, the productive power tends more than ever +to outstrip consumption. It is when laborers, whose wages are +scarcely sufficient to support them from one day to another, are +thrown out of work, that the consequences of the principle of +property become most frightful. They have not been able to +economize, they have made no savings, they have accumulated no +capital whatever to support them even one day more. Today the +factory is closed. To-morrow the people starve in the streets. +Day after tomorrow they will either die in the hospital, or eat +in the jail. + +And still new misfortunes come to complicate this terrible +situation. In consequence of the cessation of business, and +the extreme cheapness of merchandise, the manufacturer finds it +impossible to pay the interest on his borrowed capital; whereupon +his frightened creditors hasten to withdraw their funds. +Production is suspended, and labor comes to a standstill. Then +people are astonished to see capital desert commerce, and throw +itself upon the Stock Exchange; and I once heard M. Blanqui +bitterly lamenting the blind ignorance of capitalists. The cause +of this movement of capital is very simple; but for that very +reason an economist could not understand it, or rather must not +explain it. The cause lies solely in COMPETITION. + +I mean by competition, not only the rivalry between two parties +engaged in the same business, but the general and simultaneous +effort of all kinds of business to get ahead of each other. This +effort is to-day so strong, that the price of merchandise +scarcely covers the cost of production and distribution; so that, +the wages of all laborers being lessened, nothing remains, not +even interest for the capitalists. + +The primary cause of commercial and industrial stagnations is, +then, interest on capital,--that interest which the ancients with +one accord branded with the name of usury, whenever it was paid +for the use of money, but which they did not dare to condemn in +the forms of house-rent, farm-rent, or profit: as if the nature +of the thing lent could ever warrant a charge for the lending; +that is, robbery. + +In proportion to the increase received by the capitalist will be +the frequency and intensity of commercial crises,--the first +being given, we always can determine the two others; and vice +versa. Do you wish to know the regulator of a society? +Ascertain the amount of active capital; that is, the capital +bearing interest, and the legal rate of this interest. The +course of events will be a series of overturns, whose number and +violence will be proportional to the activity of capital. + +In 1839, the number of failures in Paris alone was one thousand +and sixty-four. This proportion was kept up in the early months +of 1840; and, as I write these lines, the crisis is not yet +ended. It is said, further, that the number of houses which have +wound up their business is greater than the number of declared +failures. By this flood, we may judge of the waterspout's power +of suction. + +The decimation of society is now imperceptible and permanent, now +periodical and violent; it depends upon the course which property +takes. In a country where the property is pretty evenly +distributed, and where little business is done,--the rights and +claims of each being balanced by those of others,--the power of +invasion is destroyed. There--it may be truly said--property +does not exist, since the right of increase is scarcely exercised +at all. The condition of the laborers--as regards security of +life--is almost the same as if absolute equality prevailed among +them. They are deprived of all the advantages of full and free +association, but their existence is not endangered in the least. +With the exception of a few isolated victims of the right of +property--of this misfortune whose primary cause no one +perceives--the society appears to rest calmly in the bosom of +this sort of equality. But have a care; it is balanced on the +edge of a sword: at the slightest shock, it will fall and meet +with death! + +Ordinarily, the whirlpool of property localizes itself. On the +one hand, farm-rent stops at a certain point; on the other, in +consequence of competition and over-production, the price of +manufactured goods does not rise,--so that the condition of the +peasant varies but little, and depends mainly on the +seasons. The devouring action of property bears, then, +principally upon business. We commonly say COMMERCIAL CRISES, +not AGRICULTURAL CRISES; because, while the farmer is eaten up +slowly by the right of increase, the manufacturer is swallowed at +a single mouthful. This leads to the cessation of business, the +destruction of fortunes, and the inactivity of the working +people; who die one after another on the highways, and in the +hospitals, prisons, and galleys. + +To sum up this proposition:-- + +Property sells products to the laborer for more than it pays him +for them; therefore it is impossible. + + +APPENDIX TO THE FIFTH PROPOSITION. + + +I. Certain reformers, and even the most of the publicists--who, +though belonging to no particular school, busy themselves in +devising means for the amelioration of the lot of the poorer and +more numerous class--lay much stress now-a-days on a better +organization of labor. The disciples of Fourier, especially, +never stop shouting, "ON TO THE PHALANX!" declaiming in the +same breath against the foolishness and absurdity of other sects. + +They consist of half-a-dozen incomparable geniuses who have +discovered that FIVE AND FOUR MAKE NINE; TAKE TWO AWAY, AND NINE +REMAIN,--and who weep over the blindness of France, who refuses +to believe in this astonishing arithmetic.[1] + +[1] Fourier, having to multiply a whole number by a fraction, +never failed, they say, to obtain a product much greater than the +multiplicand. He affirmed that under his system of harmony the +mercury would solidify when the temperature was above zero. He +might as well have said that the Harmonians would make burning +ice. I once asked an intelligent phalansterian what he thought +of such physics. "I do not know," he answered; "but I believe." +And yet the same man disbelieved in the doctrine of the Real +Presence. + + + + +In fact, the Fourierists proclaim themselves, on the one hand, +defenders of property, of the right of increase, which they have +thus formulated: TO EACH ACCORDING TO HIS CAPITAL, HIS LABOR, +AND HIS SKILL. On the other hand, they wish the workingman to +come into the enjoyment of all the wealth of society; that is,-- +abridging the expression,--into the undivided enjoyment of his +own product. Is not this like saying to the workingman, "Labor, +you shall have three francs per day; you shall live on fifty-five +sous; you shall give the rest to the proprietor, and thus you +will consume three francs"? + +If the above speech is not an exact epitome of Charles Fourier's +system, I will subscribe to the whole phalansterian folly with a +pen dipped in my own blood. + +Of what use is it to reform industry and agriculture,--of what +use, indeed, to labor at all,--if property is maintained, and +labor can never meet its expenses? Without the abolition of +property, the organization of labor is neither more nor less than +a delusion. If production should be quadrupled,--a thing which +does not seem to me at all impossible,--it would be labor lost: +if the additional product was not consumed, it would be of no +value, and the proprietor would decline to receive it as +interest; if it was consumed, all the disadvantages of property +would reappear. It must be confessed that the theory of +passional attraction is gravely at fault in this particular, and +that Fourier, when he tried to harmonize the PASSION for +property,--a bad passion, whatever he may say to the contrary,-- +blocked his own chariot-wheels. + +The absurdity of the phalansterian economy is so gross, that many +people suspect Fourier, in spite of all the homage paid by him to +proprietors, of having been a secret enemy of property. This +opinion might be supported by plausible arguments; still it +is not mine. Charlatanism was too important a part for such a +man to play, and sincerity too insignificant a one. I would +rather think Fourier ignorant (which is generally admitted) than +disingenuous. As for his disciples, before they can formulate +any opinion of their own, they must declare once for all, +unequivocally and with no mental reservation, whether they mean +to maintain property or not, and what they mean by their famous +motto,--"To each according to his capital, his labor, and his +skill." + +II. But, some half-converted proprietor will observe, "Would it +not be possible, by suppressing the bank, incomes, farm-rent, +house-rent, usury of all kinds, and finally property itself, to +proportion products to capacities? That was St. Simon's idea; it +was also Fourier's; it is the desire of the human conscience; and +no decent person would dare maintain that a minister of state +should live no better than a peasant." + +O Midas! your ears are long! What! will you never understand +that disparity of wages and the right of increase are one and the +same? Certainly, St. Simon, Fourier, and their respective flocks +committed a serious blunder in attempting to unite, the one, +inequality and communism; the other, inequality and property: but +you, a man of figures, a man of economy,--you, who know by heart +your LOGARITHMIC tables,--how can you make so stupid a mistake? + +Does not political economy itself teach you that the product of a +man, whatever be his individual capacity, is never worth more +than his labor, and that a man's labor is worth no more than his +consumption? You remind me of that great constitution-framer, +poor Pinheiro-Ferreira, the Sieyes of the nineteenth century, +who, dividing the citizens of a nation into twelve classes,--or, +if you prefer, into twelve grades,--assigned to some a salary of +one hundred thousand francs each; to others, eighty +thousand; then twenty-five thousand, fifteen thousand, ten +thousand, &c., down to one thousand five hundred, and one +thousand francs, the minimum allowance of a citizen. Pinheiro +loved distinctions, and could no more conceive of a State without +great dignitaries than of an army without drum-majors; and as he +also loved, or thought he loved, liberty, equality, and +fraternity, he combined the good and the evil of our old society +in an eclectic philosophy which he embodied in a constitution. +Excellent Pinheiro! Liberty even to passive submission, +fraternity even to identity of language, equality even in the +jury-box and at the guillotine,--such was his ideal republic. +Unappreciated genius, of whom the present century was unworthy, +but whom the future will avenge! + +Listen, proprietor. Inequality of talent exists in fact; in +right it is not admissible, it goes for nothing, it is not +thought of. One Newton in a century is equal to thirty millions +of men; the psychologist admires the rarity of so fine a genius, +the legislator sees only the rarity of the function. Now, rarity +of function bestows no privilege upon the functionary; and that +for several reasons, all equally forcible. + +1. Rarity of genius was not, in the Creator's design, a motive to +compel society to go down on its knees before the man of superior +talents, but a providential means for the performance of all +functions to the greatest advantage of all. + +2. Talent is a creation of society rather than a gift of Nature; +it is an accumulated capital, of which the receiver is only the +guardian. Without society,--without the education and powerful +assistance which it furnishes,--the finest nature would be +inferior to the most ordinary capacities in the very respect in +which it ought to shine. The more extensive a man's knowledge, +the more luxuriant his imagination, the more versatile his +talent,--the more costly has his education been, the more +remarkable and numerous were his teachers and his models, and the +greater is his debt. The farmer produces from the time that he +leaves his cradle until he enters his grave: the fruits of art +and science are late and scarce; frequently the tree dies before +the fruit ripens. Society, in cultivating talent, makes a +sacrifice to hope. + +3. Capacities have no common standard of comparison: the +conditions of development being equal, inequality of talent is +simply speciality of talent. + +4. Inequality of wages, like the right of increase, is +economically impossible. Take the most favorable case,--that +where each laborer has furnished his maximum production; that +there may be an equitable distribution of products, the share of +each must be equal to the quotient of the total production +divided by the number of laborers. This done, what remains +wherewith to pay the higher wages? Nothing whatever. + +Will it be said that all laborers should be taxed? But, then, +their consumption will not be equal to their production, their +wages will not pay for their productive service, they will not be +able to repurchase their product, and we shall once more be +afflicted with all the calamities of property. I do not speak of +the injustice done to the defrauded laborer, of rivalry, of +excited ambition, and burning hatred,--these may all be important +considerations, but they do not hit the point. + +On the one hand, each laborer's task being short and easy, and +the means for its successful accomplishment being equal in all +cases, how could there be large and small producers? On the +other hand, all functions being equal, either on account of the +actual equivalence of talents and capacities, or on account +of social co-operation, how could a functionary claim a salary +proportional to the worth of his genius? + +But, what do I say? In equality wages are always proportional to +talents. What is the economical meaning of wages? The +reproductive consumption of the laborer. The very act by which +the laborer produces constitutes, then, this consumption, exactly +equal to his production, of which we are speaking. When the +astronomer produces observations, the poet verses, or the +savant experiments, they consume instruments, books, travels, +&c., &c.; now, if society supplies this consumption, what more +can the astronomer, the savant, or the poet demand? We must +conclude, then, that in equality, and only in equality, St. +Simon's adage--TO EACH ACCORDING TO HIS CAPACITY TO EACH +CAPACITY ACCORDING TO ITS RESULTS--finds its full and complete +application. + +III. The great evil--the horrible and ever-present evil--arising +from property, is that, while property exists, population, +however reduced, is, and always must be, over-abundant. +Complaints have been made in all ages of the excess of +population; in all ages property has been embarrassed by the +presence of pauperism, not perceiving that it caused it. +Further,--nothing is more curious than the diversity of the plans +proposed for its extermination. Their atrocity is equalled only +by their absurdity. + +The ancients made a practice of abandoning their children. The +wholesale and retail slaughter of slaves, civil and foreign wars, +also lent their aid. In Rome (where property held full sway), +these three means were employed so effectively, and for so long a +time, that finally the empire found itself without inhabitants. +When the barbarians arrived, nobody was to be found; the fields +were no longer cultivated; grass grew in the streets of the +Italian cities. + +In China, from time immemorial, upon famine alone has devolved +the task of sweeping away the poor. The people living almost +exclusively upon rice, if an accident causes the crop to fail, in +a few days hunger kills the inhabitants by myriads; and the +Chinese historian records in the annals of the empire, that in +such a year of such an emperor twenty, thirty, fifty, one hundred +thousand inhabitants died of starvation. Then they bury the +dead, and recommence the production of children until another +famine leads to the same result. Such appears to have been, in +all ages, the Confucian economy. + +I borrow the following facts from a modern economist:-- + + +"Since the fourteenth and fifteenth centuries, England has been +preyed upon by pauperism. At that time beggars were punished by +law." Nevertheless, she had not one-fourth as large a population +as she has to-day. + +"Edward prohibits alms-giving, on pain of imprisonment. . . . +The laws of 1547 and 1656 prescribe a like punishment, in case of +a second offence. Elizabeth orders that each parish shall +support its own paupers. But what is a pauper? Charles II. +decides that an UNDISPUTED residence of forty days constitutes +a settlement in a parish; but, if disputed, the new-comer is +forced to pack off. James II. modifies this decision, which is +again modified by William. In the midst of trials, reports, and +modifications, pauperism increases, and the workingman languishes +and dies. + +"The poor-tax in 1774 exceeded forty millions of francs; in 1783- +4-5, it averaged fifty-three millions; 1813, more than a hundred +and eighty-seven millions five hundred thousand francs; 1816, two +hundred and fifty millions; in 1817, it is estimated at three +hundred and seventeen millions. + +"In 1821, the number of paupers enrolled upon the parish lists +was estimated at four millions, nearly one-third of the +population. + +"FRANCE. In 1544, Francis I. establishes a compulsory tax in +behalf of the poor. In 1566 and 1586, the same principle is +applied to the whole kingdom. + +"Under Louis XIV., forty thousand paupers infested the capital +[as many in proportion as to-day]. Mendicity was punished +severely. In 1740, the Parliament of Paris re-establishes within +its own jurisdiction the compulsory assessment. + +"The Constituent Assembly, frightened at the extent of the evil +and the difficulty of curing it, ordains the _statu quo_. + +"The Convention proclaims assistance of the poor to be a +NATIONAL DEBT. Its law remains unexecuted. + +"Napoleon also wishes to remedy the evil: his idea is +imprisonment. `In that way,' said he, `I shall protect the rich +from the importunity of beggars, and shall relieve them of the +disgusting sight of abject poverty.'" O wonderful man! + + +From these facts, which I might multiply still farther, two +things are to be inferred,--the one, that pauperism is +independent of population; the other, that all attempts hitherto +made at its extermination have proved abortive. + +Catholicism founds hospitals and convents, and commands charity; +that is, she encourages mendicity. That is the extent of her +insight as voiced by her priests. + +The secular power of Christian nations now orders taxes on the +rich, now banishment and imprisonment for the poor; that is, on +the one hand, violation of the right of property, and, on the +other, civil death and murder. + +The modern economists--thinking that pauperism is caused by the +excess of population, exclusively--have devoted themselves to +devising checks. Some wish to prohibit the poor from marrying; +thus,--having denounced religious celibacy,--they propose +compulsory celibacy, which will inevitably become licentious +celibacy. + +Others do not approve this method, which they deem too violent; +and which, they say, deprives the poor man of THE ONLY PLEASURE +WHICH HE KNOWS IN THIS WORLD. They would simply recommend him +to be PRUDENT. This opinion is held by Malthus, Sismondi, Say, +Droz, Duchatel, &c. But if the poor are to be PRUDENT, the +rich must set the example. Why should the marriageable age of +the latter be fixed at eighteen years, while that of the former +is postponed until thirty? + + +Again, they would do well to explain clearly what they mean by +this matrimonial prudence which they so urgently recommend to the +laborer; for here equivocation is especially dangerous, and I +suspect that the economists are not thoroughly understood. "Some +half-enlightened ecclesiastics are alarmed when they hear +prudence in marriage advised; they fear that the divine +injunction--INCREASE AND MULTIPLY--is to be set aside. To be +logical, they must anathematize bachelors." (J. Droz: Political +Economy.) + +M. Droz is too honest a man, and too little of a theologian, to +see why these casuists are so alarmed; and this chaste ignorance +is the very best evidence of the purity of his heart. Religion +never has encouraged early marriages; and the kind of PRUDENCE +which it condemns is that described in this Latin sentence from +Sanchez,--_An licet ob metum liberorum semen extra vas ejicere_? + +Destutt de Tracy seems to dislike prudence in either form. He +says: "I confess that I no more share the desire of the +moralists to diminish and restrain our pleasures, than that of +the politicians to increase our procreative powers, and +accelerate reproduction." He believes, then, that we should love +and marry when and as we please. Widespread misery results from +love and marriage, but this our philosopher does not heed. True +to the dogma of the necessity of evil, to evil he looks for the +solution of all problems. He adds: "The multiplication of men +continuing in all classes of society, the surplus members of the +upper classes are supported by the lower classes, and those of +the latter are destroyed by poverty." This philosophy has few +avowed partisans; but it has over every other the indisputable +advantage of demonstration in practice. Not long since France +heard it advocated in the Chamber of Deputies, in the course of +the discussion on the electoral reform,--POVERTY WILL +ALWAYS EXIST. That is the political aphorism with which the +minister of state ground to powder the arguments of M. Arago. +POVERTY WILL ALWAYS EXIST! Yes, so long as property does. + +The Fourierists--INVENTORS of so many marvellous contrivances-- +could not, in this field, belie their character. They invented +four methods of checking increase of population at will. + +1. THE VIGOR OF WOMEN. On this point they are contradicted by +experience; for, although vigorous women may be less likely to +conceive, nevertheless they give birth to the healthiest +children; so that the advantage of maternity is on their side. + +2. INTEGRAL EXERCISE, or the equal development of all the +physical powers. If this development is equal, how is the power +of reproduction lessened? + +3. THE GASTRONOMIC REGIME; or, in plain English, the philosophy +of the belly. The Fourierists say, that abundance of rich food +renders women sterile; just as too much sap--while enhancing the +beauty of flowers--destroys their reproductive capacity. But the +analogy is a false one. Flowers become sterile when the +stamens--or male organs--are changed into petals, as may be seen +by inspecting a rose; and when through excessive dampness the +pollen loses its fertilizing power. Then,--in order that the +gastronomic regime may produce the results claimed for it,--not +only must the females be fattened, but the males must be rendered +impotent. + +4. PHANEROGAMIC MORALITY, or public concubinage. I know not +why the phalansterians use Greek words to convey ideas which can +be expressed so clearly in French. This method--like the +preceding one--is copied from civilized customs. Fourier, +himself, cites the example of prostitutes as a proof. Now +we have no certain knowledge yet of the facts which he quotes. +So states Parent Duchatelet in his work on "Prostitution." + +From all the information which I have been able to gather, I find +that all the remedies for pauperism and fecundity-- sanctioned by +universal practice, philosophy, political economy, and the latest +reformers--may be summed up in the following list: masturbation, +onanism,[1] sodomy, tribadie, polyandry,[2] prostitution, +castration, continence, abortion, and infanticide.[3] + +[1] _Hoc inter se differunt onanismus et manuspratio, nempe quod +haec a solitario exercetur, ille autem a duobus reciprocatur, +masculo scilicet et faemina. Porro foedam hanc onanismi venerem +ludentes uxoria mariti habent nunc omnigm suavissimam_ + +[2] Polyandry,--plurality of husbands. + +[3] Infanticide has just been publicly advocated in England, in a +pamphlet written by a disciple of Malthus. He proposes an +ANNUAL MASSACRE OF THE INNOCENTS in all families containing +more children than the law allows; and he asks that a magnificent +cemetery, adorned with statues, groves, fountains, and flowers, +be set apart as a special burying-place for the superfluous +children. Mothers would resort to this delightful spot to dream +of the happiness of these little angels, and would return, quite +comforted, to give birth to others, to be buried in their turn. + + + + +All these methods being proved inadequate, there remains +proscription. + +Unfortunately, proscription, while decreasing the number of the +poor, increases their proportion. If the interest charged by the +proprietor upon the product is equal only to one-twentieth of the +product (by law it is equal to one-twentieth of the capital), it +follows that twenty laborers produce for nineteen only; because +there is one among them, called proprietor, who eats the share of +two. Suppose that the twentieth laborer--the poor one--is +killed: the production of the following year will be diminished +one-twentieth; consequently the nineteenth will have to yield his +portion, and perish. For, since it is not one-twentieth of the +product of nineteen which must be paid to the proprietor, but +one-twentieth of the product of twenty (see third proposition), +each surviving laborer must sacrifice one-twentieth PLUS one +four-hundredth of his product; in other words, one man out of +nineteen must be killed. Therefore, while property exists, the +more poor people we kill, the more there are born in proportion. + +Malthus, who proved so clearly that population increases in +geometrical progression, while production increases only in +arithmetical progression, did not notice this PAUPERIZING power +of property. Had he observed this, he would have understood +that, before trying to check reproduction, the right of increase +should be abolished; because, wherever that right is tolerated, +there are always too many inhabitants, whatever the extent or +fertility of the soil. + +It will be asked, perhaps, how I would maintain a balance between +population and production; for sooner or later this problem must +be solved. The reader will pardon me, if I do not give my method +here. For, in my opinion, it is useless to say a thing unless we +prove it. Now, to explain my method fully would require no less +than a formal treatise. It is a thing so simple and so vast, so +common and so extraordinary, so true and so misunderstood, so +sacred and so profane, that to name it without developing and +proving it would serve only to excite contempt and incredulity. +One thing at a time. Let us establish equality, and this remedy +will soon appear; for truths follow each other, just as crimes +and errors do. + + +SIXTH PROPOSITION. + +Property is impossible, because it is the Mother of Tyranny. + + +What is government? Government is public economy, the supreme +administrative power over public works and national possessions. + +Now, the nation is like a vast society in which all the, citizens +are stockholders. Each one has a deliberative voice in the +assembly; and, if the shares are equal, has one vote at his +disposal. But, under the regime of property, there is great +inequality between the shares of the stockholders; therefore, one +may have several hundred votes, while another has only one. If, +for example, I enjoy an income of one million; that is, if I am +the proprietor of a fortune of thirty or forty millions well +invested, and if this fortune constitutes 1/30000 of the national +capital,--it is clear that the public administration of my +property would form 1/30000 of the duties of the government; and, +if the nation had a population of thirty-four millions, that I +should have as many votes as one thousand one hundred and thirty- +three simple stockholders. + +Thus, when M. Arago demands the right of suffrage for all members +of the National Guard, he is perfectly right; since every citizen +is enrolled for at least one national share, which entitles him +to one vote. But the illustrious orator ought at the same time +to demand that each elector shall have as many votes as he has +shares; as is the case in commercial associations. For to do +otherwise is to pretend that the nation has a right to dispose of +the property of individuals without consulting them; which is +contrary to the right of property. In a country where property +exists, equality of electoral rights is a violation of property. + +Now, if each citizen's sovereignty must and ought to be +proportional to his property, it follows that the small stock +holders are at the mercy of the larger ones; who will, as soon as +they choose, make slaves of the former, marry them at pleasure, +take from them their wives, castrate their sons, prostitute their +daughters, throw the aged to the sharks,--and finally will be +forced to serve themselves in the same way, unless they prefer to +tax themselves for the support of their servants. In such a +condition is Great Britain to-day. John Bull--caring little for +liberty, equality, or dignity--prefers to serve and beg. But +you, bonhomme Jacques? + +Property is incompatible with political and civil equality; then +property is impossible. + +HISTORICAL COMMENTS.--1. When the vote of the third estate was +doubled by the States-General of 1789, property was grossly +violated. The nobility and the clergy possessed three-fourths of +the soil of France; they should have controlled three-fourths of +the votes in the national representation. To double the vote of +the third estate was just, it is said, since the people paid +nearly all the taxes. This argument would be sound, if there +were nothing to be voted upon but taxes. But it was a question +at that time of reforming the government and the constitution; +consequently, the doubling of the vote of the third estate was a +usurpation, and an attack on property. + +2. If the present representatives of the radical opposition +should come into power, they would work a reform by which every +National Guard should be an elector, and every elector eligible +for office,--an attack on property. + +They would lower the rate of interest on public funds,--an attack +on property. + +They would, in the interest of the public, pass laws to +regulate the exportation of cattle and wheat,--an attack on +property. + +They would alter the assessment of taxes,--an attack on property. + +They would educate the people gratuitously,--a conspiracy against +property. + +They would organize labor; that is, they would guarantee labor to +the workingman, and give him a share in the profits,--the +abolition of property. + +Now, these same radicals are zealous defenders of property,--a +radical proof that they know not what they do, nor what they +wish. + +3. Since property is the grand cause of privilege and despotism, +the form of the republican oath should be changed. Instead of, +"I swear hatred to royalty," henceforth the new member of a +secret society should say, "I swear hatred to property." + + +SEVENTH PROPOSITION. + +Property is impossible, because, in consuming its Receipts, it +loses them; in hoarding them, it nullifies them; and in +using them as Capital, it turns them against Production_. + +I. If, with the economists, we consider the laborer as a living +machine, we must regard the wages paid to him as the amount +necessary to support this machine, and keep it in repair. The +head of a manufacturing establishment--who employs laborers at +three, five, ten, and fifteen francs per day, and who charges +twenty francs for his superintendence--does not regard his +disbursements as losses, because he knows they will return to him +in the form of products. Consequently, LABOR and REPRODUCTIVE +CONSUMPTION are identical. + +What is the proprietor? He is a machine which does not +work; or, which working for its own pleasure, and only when +it sees fit, produces nothing. + +What is it to consume as a proprietor? It is to consume without +working, to consume without reproducing. For, once more, that +which the proprietor consumes as a laborer comes back to him; he +does not give his labor in exchange for his property, since, if +he did, he would thereby cease to be a proprietor. In consuming +as a laborer, the proprietor gains, or at least does not lose, +since he recovers that which he consumes; in consuming as a +proprietor, he impoverishes himself. To enjoy property, then, it +is necessary to destroy it; to be a real proprietor, one must +cease to be a proprietor. + +The laborer who consumes his wages is a machine which destroys +and reproduces; the proprietor who consumes his income is a +bottomless gulf,--sand which we water, a stone which we sow. So +true is this, that the proprietor--neither wishing nor knowing +how to produce, and perceiving that as fast as he uses his +property he destroys it for ever--has taken the precaution to +make some one produce in his place. That is what political +economy, speaking in the name of eternal justice, calls +PRODUCING BY HIS CAPITAL,--PRODUCING BY HIS TOOLS. And that is +what ought to be called PRODUCING BY A SLAVE--PRODUCING AS A +THIEF AND AS A TYRANT. He, the proprietor, produce! . . . The +robber might say, as well: "I produce." + +The consumption of the proprietor has been styled luxury, in +opposition to USEFUL consumption. From what has just been +said, we see that great luxury can prevail in a nation which is +not rich,--that poverty even increases with luxury, and vice +versa. The economists (so much credit must be given them, at +least) have caused such a horror of luxury, that to-day a very +large number of proprietors--not to say almost all--ashamed +of their idleness--labor, economize, and capitalize. They have +jumped from the frying-pan into the fire. + +I cannot repeat it too often: the proprietor who thinks to +deserve his income by working, and who receives wages for his +labor, is a functionary who gets paid twice; that is the only +difference between an idle proprietor and a laboring proprietor. +By his labor, the proprietor produces his wages only--not his +income. And since his condition enables him to engage in the +most lucrative pursuits, it may be said that the proprietor's +labor harms society more than it helps it. Whatever the +proprietor does, the consumption of his income is an actual loss, +which his salaried functions neither repair nor justify; and +which would annihilate property, were it not continually +replenished by outside production. + +II. Then, the proprietor who consumes annihilates the product: he +does much worse if he lays it up. The things which he lays by +pass into another world; nothing more is seen of them, not even +the _caput mortuum_,--the smoke. If we had some means of +transportation by which to travel to the moon, and if the +proprietors should be seized with a sudden fancy to carry their +savings thither, at the end of a certain time our terraqueous +planet would be transported by them to its satellite! + +The proprietor who lays up products will neither allow others to +enjoy them, nor enjoy them himself; for him there is neither +possession nor property. Like the miser, he broods over his +treasures: he does not use them. He may feast his eyes upon +them; he may lie down with them; he may sleep with them in his +arms: all very fine, but coins do not breed coins. No real +property without enjoyment; no enjoyment without consumption; no +consumption without loss of property,--such is the inflexible +necessity to which God's judgment compels the proprietor to +bend. A curse upon property ! + +III. The proprietor who, instead of consuming his income, uses it +as capital, turns it against production, and thereby makes it +impossible for him to exercise his right. For the more he +increases the amount of interest to be paid upon it, the more he +is compelled to diminish wages. Now, the more he diminishes +wages,--that is, the less he devotes to the maintenance and +repair of the machines,--the more he diminishes the quantity of +labor; and with the quantity of labor the quantity of product, +and with the quantity of product the very source of his income. +This is clearly shown by the following example:-- + +Take an estate consisting of arable land, meadows, and vineyards, +containing the dwellings of the owner and the tenant; and worth, +together with the farming implements, one hundred thousand +francs, the rate of increase being three per cent. If, instead +of consuming his revenue, the proprietor uses it, not in +enlarging but in beautifying his estate, can he annually demand +of his tenant an additional ninety francs on account of the three +thousand francs which he has thus added to his capital? +Certainly not; for on such conditions the tenant, though +producing no more than before, would soon be obliged to labor for +nothing,--what do I say? to actually suffer loss in order to hold +his lease. + +In fact, revenue can increase only as productive soil increases: +it is useless to build walls of marble, and work with plows of +gold. But, since it is impossible to go on acquiring for ever, +to add estate to estate, to CONTINUE ONE'S POSSESSIONS, as the +Latins said; and since, moreover, the proprietor always has means +wherewith to capitalize,--it follows that the exercise of his +right finally becomes impossible. + +Well, in spite of this impossibility, property capitalizes, and +in capitalizing increases its revenue; and, without stopping to +look at the particular cases which occur in commerce, +manufacturing operations, and banking, I will cite a graver +fact,-- one which directly affects all citizens. I mean the +indefinite increase of the budget. + +The taxes increase every year. It would be difficult to tell in +which department of the government the expenses increase; for who +can boast of any knowledge as to the budget? On this point, the +ablest financiers continually disagree. What is to be thought, I +ask, of the science of government, when its professors cannot +understand one another's figures? Whatever be the immediate +causes of this growth of the budget, it is certain that taxation +increases at a rate which causes everybody to despair. Everybody +sees it, everybody acknowledges it; but nobody seems to +understand the primary cause.[1] Now, I say that it cannot be +otherwise,--that it is necessary and inevitable. + +[1] "The financial situation of the English government was shown +up in the House of Lords during the session of January 23. It is +not an encouraging one. For several years the expenses have +exceeded the receipts, and the Minister has been able to re- +establish the balance only by loans renewed annually. The +combined deficits of the years 1838 and 1839 amount to forty- +seven million five hundred thousand francs. In 1840, the excess +of expenses over receipts is expected to be twenty-two million +five hundred thousand francs. Attention was called to these +figures by Lord Ripon. Lord Melbourne replied: `The noble earl +unhappily was right in declaring that the public expenses +continually increase, and with him I must say that there is no +room for hope that they can be diminished or met in any way.'"-- +National: January 26, 1840. + + + + +A nation is the tenant of a rich proprietor called the +GOVERNMENT, to whom it pays, for the use of the soil, a farm- +rent called a tax. Whenever the government makes war, loses or +gains a battle, changes the outfit of its army, erects a monu- +ment, digs a canal, opens a road, or builds a railway, it +borrows money, on which the tax-payers pay interest; that is, the +government, without adding to its productive capacity, increases +its active capital,--in a word, capitalizes after the manner of +the proprietor of whom I have just spoken. + +Now, when a governmental loan is once contracted, and the +interest is once stipulated, the budget cannot be reduced. For, +to accomplish that, either the capitalists must relinquish their +interest, which would involve an abandonment of property; or the +government must go into bankruptcy, which would be a fraudulent +denial of the political principle; or it must pay the debt, which +would require another loan; or it must reduce expenses, which is +impossible, since the loan was contracted for the sole reason +that the ordinary receipts were insufficient; or the money +expended by the government must be reproductive, which requires +an increase of productive capacity,--a condition excluded by our +hypothesis; or, finally, the tax-payers must submit to a new tax +in order to pay the debt,--an impossible thing. For, if this new +tax were levied upon all citizens alike, half, or even more, of +the citizens would be unable to pay it; if the rich had to bear +the whole, it would be a forced contribution,--an invasion of +property. Long financial experience has shown that the method of +loans, though exceedingly dangerous, is much surer, more +convenient, and less costly than any other method; consequently +the government borrows,--that is, goes on capitalizing,--and +increases the budget. + +Then, a budget, instead of ever diminishing, must necessarily and +continually increase. It is astonishing that the economists, +with all their learning, have failed to perceive a fact so simple +and so evident. If they have perceived it, why have they +neglected to condemn it? + + +HISTORICAL COMMENT.--Much interest is felt at present in a +financial operation which is expected to result in a reduction of +the budget. It is proposed to change the present rate of +increase, five per cent. Laying aside the politico-legal +question to deal only with the financial question,--is it not +true that, when five per cent. is changed to four per cent., it +will then be necessary, for the same reasons, to change four to +three; then three to two, then two to one, and finally to sweep +away increase altogether? But that would be the advent of +equality of conditions and the abolition of property. Now it +seems to me, that an intelligent nation should voluntarily meet +an inevitable revolution half way, instead of suffering itself to +be dragged after the car of inflexible necessity. + + +EIGHTH PROPOSITION. + +Property is impossible, because its power of Accumulation is +infinite, and is exercised only over finite quantities. + +If men, living in equality, should grant to one of their number +the exclusive right of property; and this sole proprietor should +lend one hundred francs to the human race at compound interest, +payable to his descendants twenty-four generations hence,--at the +end of six hundred years this sum of one hundred francs, at five +per cent., would amount to 107,854,010,777,600 francs; two +thousand six hundred and ninety-six and one-third times the +capital of France (supposing her capital to be 40,000,000,000), +or more than twenty times the value of the terrestrial globe! + +Suppose that a man, in the reign of St. Louis, had borrowed one +hundred francs, and had refused,--he and his heirs after him,--to +return it. Even though it were known that the said heirs were +not the rightful possessors, and that prescription had been +interrupted always at the right moment,--nevertheless, by our +laws, the last heir would be obliged to return the one hundred +francs with interest, and interest on the interest; which in all +would amount, as we have seen, to nearly one hundred and eight +thousand billions. + +Every day, fortunes are growing in our midst much more rapidly +than this. The preceding example supposed the interest equal to +one-twentieth of the capital,--it often equals one-tenth, one- +fifth, one-half of the capital; and sometimes the capital itself. + +The Fourierists--irreconcilable enemies of equality, whose +partisans they regard as SHARKS--intend, by quadrupling +production, to satisfy all the demands of capital, labor, and +skill. But, should production be multiplied by four, ten, or +even one hundred, property would soon absorb, by its power of +accumulation and the effects of its capitalization, both products +and capital, and the land, and even the laborers. Is the +phalanstery to be prohibited from capitalizing and lending at +interest? Let it explain, then, what it means by property. + +I will carry these calculations no farther. They are capable of +infinite variation, upon which it would be puerile for me to +insist. I only ask by what standard judges, called upon to +decide a suit for possession, fix the interest? And, developing +the question, I ask,-- + +Did the legislator, in introducing into the Republic the +principle of property, weigh all the consequences? Did he know +the law of the possible? If he knew it, why is it not in the +Code? Why is so much latitude allowed to the proprietor in +accumulating property and charging interest,--to the judge in +recognizing and fixing the domain of property,--to the State in +its power to levy new taxes continually? At what point is the +nation justified in repudiating the budget, the tenant his +farm-rent, and the manufacturer the interest on his capital? How +far may the idler take advantage of the laborer? Where does the +right of spoliation begin, and where does it end? When may the +producer say to the proprietor, "I owe you nothing more"? When +is property satisfied? When must it cease to steal? + +If the legislator did know the law of the possible, and +disregarded it, what must be thought of his justice? If he did +not know it, what must be thought of his wisdom? Either wicked +or foolish, how can we recognize his authority? + +If our charters and our codes are based upon an absurd +hypothesis, what is taught in the law-schools? What does a +judgment of the Court of Appeal amount to? About what do our +Chambers deliberate? What is POLITICS? What is our definition +of a STATESMAN? What is the meaning of JURISPRUDENCE? +Should we not rather say JURISIGNORANCE? + +If all our institutions are based upon an error in calculation, +does it not follow that these institutions are so many shams? +And if the entire social structure is built upon this absolute +impossibility of property, is it not true that the government +under which we live is a chimera, and our present society a +utopia? + + +NINTH PROPOSITION. + +Property is impossible, because it is powerless against +Property. + + +I. By the third corollary of our axiom, interest tells against +the proprietor as well as the stranger. This economical +principle is universally admitted. Nothing simpler at first +blush; yet, nothing more absurd, more contradictory in terms, or +more absolutely impossible. + +The manufacturer, it is said, pays himself the rent on his house +and capital. HE PAYS HIMSELF; that is, he gets paid by +the public who buy his products. For, suppose the +manufacturer, who seems to make this profit on his property, +wishes also to make it on his merchandise, can he then pay +himself one franc for that which cost him ninety centimes, and +make money by the operation? No: such a transaction would +transfer the merchant's money from his right hand to his left, +but without any profit whatever. + +Now, that which is true of a single individual trading with +himself is true also of the whole business world. Form a chain +of ten, fifteen, twenty producers; as many as you wish. If the +producer A makes a profit out of the producer B. B's loss must, +according to economical principles, be made up by C, C's by D; +and so on through to Z. + +But by whom will Z be paid for the loss caused him by the profit +charged by A in the beginning? BY THE CONSUMER, replies Say. +Contemptible equivocation! Is this consumer any other, then, +than A, B. C, D, &c., or Z? By whom will Z be paid? If he is +paid by A, no one makes a profit; consequently, there is no +property. If, on the contrary, Z bears the burden himself, he +ceases to be a member of society; since it refuses him the right +of property and profit, which it grants to the other associates. + +Since, then, a nation, like universal humanity, is a vast +industrial association which cannot act outside of itself, it is +clear that no man can enrich himself without impoverishing +another. For, in order that the right of property, the right of +increase, may be respected in the case of A, it must be denied to +Z; thus we see how equality of rights, separated from equality of +conditions, may be a truth. The iniquity of political economy in +this respect is flagrant. "When I, a manufacturer, purchase the +labor of a workingman, I do not include his wages in the net +product of my business; on the contrary, I deduct them. But +the workingman includes them in his net product. . . . "(Say: +Political Economy.) + +That means that all which the workingman gains is NET PRODUCT; +but that only that part of the manufacturer's gains is NET +PRODUCT, which remains after deducting his wages. But why is +the right of profit confined to the manufacturer? Why is this +right, which is at bottom the right of property itself, denied to +the workingman? In the terms of economical science, the +workingman is capital. Now, all capital, beyond the cost of its +maintenance and repair, must bear interest. This the proprietor +takes care to get, both for his capital and for himself. Why is +the workingman prohibited from charging a like interest for his +capital, which is himself? + +Property, then, is inequality of rights; for, if it were not +inequality of rights, it would be equality of goods,--in other +words, it would not exist. Now, the charter guarantees to all +equality of rights. Then, by the charter, property is +impossible. + +II. Is A, the proprietor of an estate, entitled by the fact of +his proprietorship to take possession of the field belonging to +B. his neighbor? "No," reply the proprietors; "but what has that +to do with the right of property?" That I shall show you by a +series of similar propositions. + +Has C, a hatter, the right to force D, his neighbor and also a +hatter, to close his shop, and cease his business? Not the least +in the world. + +But C wishes to make a profit of one franc on every hat, while D +is content with fifty centimes. It is evident that D's +moderation is injurious to C's extravagant claims. Has the +latter a right to prevent D from selling? Certainly not. + +Since D is at liberty to sell his hats fifty centimes cheaper +than C if he chooses, C in his turn is free to reduce his +price one franc. Now, D is poor, while C is rich; so that at the +end of two or three years D is ruined by this intolerable +competition, and C has complete control of the market. Can the +proprietor D get any redress from the proprietor C? Can he bring +a suit against him to recover his business and property? No; for +D could have done the same thing, had he been the richer of the +two. + +On the same ground, the large proprietor A may say to the small +proprietor B: "Sell me your field, otherwise you shall not sell +your wheat,"--and that without doing him the least wrong, or +giving him ground for complaint. So that A can devour B if he +likes, for the very reason that A is stronger than B. +Consequently, it is not the right of property which enables A and +C to rob B and D, but the right of might. By the right of +property, neither the two neighbors A and B, nor the two +merchants C and D, could harm each other. They could neither +dispossess nor destroy one another, nor gain at one another's +expense. The power of invasion lies in superior strength. + +But it is superior strength also which enables the manufacturer +to reduce the wages of his employees, and the rich merchant and +well-stocked proprietor to sell their products for what they +please. The manufacturer says to the laborer, "You are as free +to go elsewhere with your services as I am to receive them. I +offer you so much." The merchant says to the customer, "Take it +or leave it; you are master of your money, as I am of my goods. +I want so much." Who will yield? The weaker. + +Therefore, without force, property is powerless against property, +since without force it has no power to increase; therefore, +without force, property is null and void. + +HISTORICAL COMMENT.--The struggle between colonial and native +sugars furnishes us a striking example of this impossibility of +property. Leave these two industries to themselves, and the +native manufacturer will be ruined by the colonist. To maintain +the beet-root, the cane must be taxed: to protect the property of +the one, it is necessary to injure the property of the other. +The most remarkable feature of this business is precisely that to +which the least attention is paid; namely, that, in one way or +another, property has to be violated. Impose on each industry a +proportional tax, so as to preserve a balance in the market, and +you create a MAXIMUM PRICE,--you attack property in two ways. +On the one hand, your tax interferes with the liberty of trade; +on the other, it does not recognize equality of proprietors. +Indemnify the beet-root, you violate the property of the tax- +payer. Cultivate the two varieties of sugar at the nation's +expense, just as different varieties of tobacco are cultivated,-- +you abolish one species of property. This last course would be +the simpler and better one; but, to induce the nations to adopt +it, requires such a co-operation of able minds and generous +hearts as is at present out of the question. + +Competition, sometimes called liberty of trade,--in a word, +property in exchange,--will be for a long time the basis of our +commercial legislation; which, from the economical point of view, +embraces all civil laws and all government. Now, what is +competition? A duel in a closed field, where arms are the test +of right. + +"Who is the liar,--the accused or the accuser?" said our +barbarous ancestors. "Let them fight it out," replied the still +more barbarous judge; "the stronger is right." + +Which of us two shall sell spices to our neighbor? "Let each +offer them for sale," cries the economist; "the sharper, or +the more cunning, is the more honest man, and the better +merchant." + +Such is the exact spirit of the Code Napoleon. + + +TENTH PROPOSITION. + +Property is impossible, because it is the Negation of equality. + + +The development of this proposition will be the resume of the +preceding ones. + +1. It is a principle of economical justice, that PRODUCTS ARE +BOUGHT ONLY BY PRODUCTS. Property, being capable of defence +only on the ground that it produces utility, is, since it +produces nothing, for ever condemned. + +2. It is an economical law, that LABOR MUST BE BALANCED BY +PRODUCT. It is a fact that, with property, production costs +more than it is worth. + +3. Another economical law: THE CAPITAL BEING GIVEN, PRODUCTION +IS MEASURED, NOT BY THE AMOUNT OF CAPITAL, BUT BY PRODUCTIVE +CAPACITY. Property, requiring income to be always proportional +to capital without regard to labor, does not recognize this +relation of equality between effect and cause. + +4 and 5. Like the insect which spins its silk, the laborer never +produces for himself alone. Property, demanding a double product +and unable to obtain it, robs the laborer, and kills him. + +6. Nature has given to every man but one mind, one heart, one +will. Property, granting to one individual a plurality of votes, +supposes him to have a plurality of minds. + +7. All consumption which is not reproductive of utility is +destruction. Property, whether it consumes or hoards or +capitalizes, is productive of INUTILITY,--the cause of +sterility and death. + +8. The satisfaction of a natural right always gives rise to an +equation; in other words, the right to a thing is necessarily +balanced by the possession of the thing. Thus, between the right +to liberty and the condition of a free man there is a balance, an +equation; between the right to be a father and paternity, an +equation; between the right to security and the social guarantee, +an equation. But between the right of increase and the receipt +of this increase there is never an equation; for every new +increase carries with it the right to another, the latter to a +third, and so on for ever. Property, never being able to +accomplish its object, is a right against Nature and against +reason. + +9. Finally, property is not self-existent. An extraneous cause-- +either FORCE or FRAUD--is necessary to its life and action. +In other words, property is not equal to property: it is a +negation--a delusion--NOTHING. + + + +CHAPTER V. + + +PSYCHOLOGICAL EXPOSITION OF THE IDEA OF JUSTICE AND +INJUSTICE, AND A DETERMINATION OF THE PRINCIPLE OF +GOVERNMENT AND OF RIGHT. + + +Property is impossible; equality does not exist. We hate the +former, and yet wish to possess it; the latter rules all our +thoughts, yet we know not how to reach it. Who will explain this +profound antagonism between our conscience and our will? Who +will point out the causes of this pernicious error, which has +become the most sacred principle of justice and society? + +I am bold enough to undertake the task, and I hope to succeed. + +But before explaining why man has violated justice, it is +necessary to determine what justice is. + + +PART FIRST. + +% 1.--Of the Moral Sense in Man and the Animals. + + +The philosophers have endeavored often to locate the line which +separates man's intelligence from that of the brutes; and, +according to their general custom, they gave utterance to much +foolishness before resolving upon the only course possible for +them to take,--observation. It was reserved for an +unpretending savant--who perhaps did not pride himself on his +philosophy--to put an end to the interminable controversy by a +simple distinction; but one of those luminous distinctions which +are worth more than systems. Frederic Cuvier separated +INSTINCT from INTELLIGENCE. + +But, as yet, no one has proposed this question:-- + +IS THE DIFFERENCE BETWEEN MAN'S MORAL SENSE AND THAT OF THE +BRUTE A DIFFERENCE IN KIND OR ONLY IN DEGREE? + +If, hitherto, any one had dared to maintain the latter +alternative, his arguments would have seemed scandalous, +blasphemous, and offensive to morality and religion. The +ecclesiastical and secular tribunals would have condemned him +with one voice. And, mark the style in which they would have +branded the immoral paradox! "Conscience,"--they would have +cried,--"conscience, man's chief glory, was given to him +exclusively; the notion of justice and injustice, of merit and +demerit, is his noble privilege; to man, alone,--the lord of +creation,--belongs the sublime power to resist his worldly +propensities, to choose between good and evil, and to bring +himself more and more into the resemblance of God through liberty +and justice. . . . No; the holy image of virtue was never graven +save on the heart of man." Words full of feeling, but void of +sense. + +Man is a rational and social animal--{GREEK ` c g}--said +Aristotle. This definition is worth more than all +which have been given since. I do not except even M. de Bonald's +celebrated definition,--MAN IS AN INTELLECT SERVED BY ORGANS--a +definition which has the double fault of explaining the known by +the unknown; that is, the living being by the intellect; and of +neglecting man's essential quality,--animality. + +Man, then, is an animal living in society. Society means +the sum total of relationships; in short, system. Now, all +systems exist only on certain conditions. What, then, are the +conditions, the LAWS, of human society? + +What are the RIGHTS of men with respect to each other; what is +JUSTICE? + +It amounts to nothing to say,--with the philosophers of various +schools,--"It is a divine instinct, an immortal and heavenly +voice, a guide given us by Nature, a light revealed unto every +man on coming into the world, a law engraved upon our hearts; it +is the voice of conscience, the dictum of reason, the +inspiration of sentiment, the penchant of feeling; it is the +love of self in others; it is enlightened self-interest; or else +it is an innate idea, the imperative command of applied reason, +which has its source in the concepts of pure reason; it is a +passional attraction," &c., &c. This may be as true as it seems +beautiful; but it is utterly meaningless. Though we should +prolong this litany through ten pages (it has been filtered +through a thousand volumes), we should be no nearer to the +solution of the question. + +"Justice is public utility," says Aristotle. That is true, but +it is a tautology. "The principle that the public welfare ought +to be the object of the legislator"--says M. Ch. Comte in his +"Treatise on Legislation"--"cannot be overthrown. But +legislation is advanced no farther by its announcement and +demonstration, than is medicine when it is said that it is the +business of physicians to cure the sick." + +Let us take another course. RUGHT is the sum total of the +principles which govern society. Justice, in man, is the respect +and observation of those principles. To practise justice is to +obey the social instinct; to do an act of justice is to do a +social act. If, then, we watch the conduct of men towards each +other under different circumstances, it will be easy for us +to distinguish between the presence and absence of society; from +the result we may inductively infer the law. + +Let us commence with the simplest and least doubtful cases. + +The mother, who protects her son at the peril of her life, and +sacrifices every thing to his support, is in society with him-- +she is a good mother. She, on the contrary, who abandons her +child, is unfaithful to the social instinct,--maternal love being +one of its many features; she is an unnatural mother. + +If I plunge into the water to rescue a drowning man, I am his +brother, his associate; if, instead of aiding him, I sink him, I +am his enemy, his murderer. + +Whoever bestows alms treats the poor man as his associate; not +thoroughly, it is true, but only in respect to the amount which +he shares with him. Whoever takes by force or stratagem that +which is not the product of his labor, destroys his social +character--he is a brigand. + +The Samaritan who relieves the traveller lying by the wayside, +dresses his wounds, comforts him, and supplies him with money, +thereby declares himself his associate--his neighbor; the priest, +who passes by on the other side, remains unassociated, and is his +enemy. + +In all these cases, man is moved by an internal attraction +towards his fellow, by a secret sympathy which causes him to +love, congratulate, and condole; so that, to resist this +attraction, his will must struggle against his nature. + +But in these respects there is no decided difference between man +and the animals. With them, as long as the weakness of their +young endears them to their mothers,--in a word, associates them +with their mothers,--the latter protect the former, at the peril +of their lives, with a courage which reminds us of our +heroes dying for their country. Certain species unite for +hunting purposes, seek each other, call each other (a poet would +say invite each other), to share their prey; in danger they aid, +protect, and warn each other. The elephant knows how to help his +companion out of the ditch into which the latter has fallen. +Cows form a circle, with their horns outward and their calves in +the centre, in order to repel the attacks of wolves. Horses and +pigs, on hearing a cry of distress from one of their number, rush +to the spot whence it comes. What descriptions I might give of +their marriages, the tenderness of the males towards the females, +and the fidelity of their loves! Let us add, however,--to be +entirely just--that these touching demonstrations of society, +fraternity, and love of neighbor, do not prevent the animals from +quarrelling, fighting, and outrageously abusing one another while +gaining their livelihood and showing their gallantry; the +resemblance between them and ourselves is perfect. + +The social instinct, in man and beast, exists to a greater or +less degree--its nature is the same. Man has the greater need of +association, and employs it more; the animal seems better able to +endure isolation. In man, social needs are more imperative and +complex; in the beast, they seem less intense, less diversified, +less regretted. Society, in a word, aims, in the case of man, at +the preservation of the race and the individual; with the +animals, its object is more exclusively the preservation of the +race. + +As yet, we have met with no claim which man can make for himself +alone. The social instinct and the moral sense he shares with +the brutes; and when he thinks to become god-like by a few acts +of charity, justice, and devotion, he does not perceive that in +so acting he simply obeys an instinct wholly animal in its +nature. As we are good, loving, tender, just, so we are +passionate, greedy, lewd, and vindictive; that is, we are like +the beasts. Our highest virtues appear, in the last analysis, as +blind, impulsive instincts. What subjects for canonization and +apotheosis! + +There is, however, a difference between us two-handed bipeds and +other living creatures--what is it? + +A student of philosophy would hasten to reply: "This difference +lies in the fact that we are conscious of our social faculty, +while the animals are unconscious of theirs--in the fact that +while we reflect and reason upon the operation of our social +instinct, the animals do nothing of the kind." + +I will go farther. It is by our reflective and reasoning powers, +with which we seem to be exclusively endowed, that we know that +it is injurious, first to others and then to ourselves, to resist +the social instinct which governs us, and which we call +JUSTICE. It is our reason which teaches us that the selfish +man, the robber, the murderer--in a word, the traitor to +society--sins against Nature, and is guilty with respect to +others and himself, when he does wrong wilfully. Finally, it is +our social sentiment on the one hand, and our reason on the +other, which cause us to think that beings such as we should take +the responsibility of their acts. Such is the principle of +remorse, revenge, and penal justice. + +But this proves only an intellectual diversity between the +animals and man, not at all an affectional one; for, although we +reason upon our relations with our fellows, we likewise reason +upon our most trivial actions,--such as drinking, eating, +choosing a wife, or selecting a dwelling-place. We reason upon +things earthly and things heavenly; there is nothing to which our +reasoning powers are not applicable. Now, just as the knowledge +of external phenomena, which we acquire, has no influence upon +their causes and laws, so reflection, by illuminating our +instinct, enlightens us as to our sentient nature, but does not +alter its character; it tells us what our morality is, but +neither changes nor modifies it. Our dissatisfaction with +ourselves after doing wrong, the indignation which we feel at the +sight of injustice, the idea of deserved punishment and due +remuneration, are effects of reflection, and not immediate +effects of instinct and emotion. Our appreciation (I do not say +exclusive appreciation, for the animals also realize that they +have done wrong, and are indignant when one of their number is +attacked, but), our infinitely superior appreciation of our +social duties, our knowledge of good and evil, does not +establish, as regards morality, any vital difference between man +and the beasts. + + +% 2.--Of the first and second degrees of Sociability. + + +I insist upon the fact, which I have just pointed out, as one of +the most important facts of anthropology. + +The sympathetic attraction, which causes us to associate, is, by +reason of its blind, unruly nature, always governed by temporary +impulse, without regard to higher rights, and without distinction +of merit or priority. The bastard dog follows indifferently all +who call it; the suckling child regards every man as its father +and every woman as its nurse; every living creature, when +deprived of the society of animals of its species, seeks +companionship in its solitude. This fundamental characteristic +of the social instinct renders intolerable and even hateful the +friendship of frivolous persons, liable to be infatuated with +every new face, accommodating to all whether good or bad, and +ready to sacrifice, for a passing liaison, the oldest and most +honorable affections. The fault of such beings is not in the +heart--it is in the judgment. Sociability, in this degree, is a +sort of magnetism awakened in us by the contemplation of a +being similar to ourselves, but which never goes beyond the +person who feels it; it may be reciprocated, but not +communicated. Love, benevolence, pity, sympathy, call it what +you will, there is nothing in it which deserves esteem,--nothing +which lifts man above the beast. + +The second degree of sociability is justice, which may be defined +as the RECOGNITION OF THE EQUALITY BETWEEN ANOTHER'S PERSONALITY +AND OUR OWN. The sentiment of justice we share with the +animals; we alone can form an exact idea of it; but our idea, as +has been said already, does not change its nature. We shall soon +see how man rises to a third degree of sociability which the +animals are incapable of reaching. But I must first prove by +metaphysics that SOCIETY, JUSTICE, and EQUALITY, are three +equivalent terms,--three expressions meaning the same thing,-- +whose mutual conversion is always allowable. + +If, amid the confusion of a shipwreck, having escaped in a boat +with some provisions, I see a man struggling with the waves, am I +bound to go to his assistance? Yes, I am bound under penalty of +being adjudged guilty of murder and treason against society. + +But am I also bound to share with him my provisions? + +To settle this question, we must change the phraseology. If +society is binding on the boat, is it also binding on the +provisions? Undoubtedly. The duty of an associate is absolute. +Man's occupancy succeeds his social nature, and is subordinate to +it; possession can become exclusive only when permission to +occupy is granted to all alike. That which in this instance +obscures our duty is our power of foresight, which, causing us to +fear an eventual danger, impels us to usurpation, and makes us +robbers and murderers. Animals do not calculate the duty of +instinct any more than the disadvantages resulting to those who +exercise it; it would be strange if the intellect of man-- +the most sociable of animals--should lead him to disobey the law. + +He betrays society who attempts to use it only for his own +advantage; better that God should deprive us of prudence, if it +is to serve as the tool of our selfishness. + +"What!" you will say, "must I share my bread, the bread which I +have earned and which belongs to me, with the stranger whom I do +not know; whom I may never see again, and who, perhaps, will +reward me with ingratitude? If we had earned this bread +together, if this man had done something to obtain it, he might +demand his share, since his co-operation would entitle him to it; +but as it is, what claim has he on me? We have not produced +together--we shall not eat together." + +The fallacy in this argument lies in the false supposition, that +each producer is not necessarily associated with every other +producer. + +When two or more individuals have regularly organized a +society,--when the contracts have been agreed upon, drafted, and +signed,--there is no difficulty about the future. Everybody +knows that when two men associate--for instance--in order to +fish, if one of them catches no fish, he is none the less +entitled to those caught by his associate. If two merchants form +a partnership, while the partnership lasts, the profits and +losses are divided between them; since each produces, not for +himself, but for the society: when the time of distribution +arrives, it is not the producer who is considered, but the +associate. That is why the slave, to whom the planter gives +straw and rice; and the civilized laborer, to whom the capitalist +pays a salary which is always too small,--not being associated +with their employers, although producing with them,--are +disregarded when the product is divided. Thus, the horse +who draws our coaches, and the ox who draws our carts produce +with us, but are not associated with us; we take their product, +but do not share it with them. The animals and laborers whom we +employ hold the same relation to us. Whatever we do for them, we +do, not from a sense of justice, but out of pure benevolence.[1] + +[1] To perform an act of benevolence towards one's neighbor is +called, in Hebrew, to do justice; in Greek, to take +compassion or pity ({GREEK n n f e },from which is derived +the French _aumone_); in Latin, to perform an act of love or +charity; in French, give alms. We can trace the degradation +of this principle through these various expressions: the first +signifies duty; the second only sympathy; the third, affection, a +matter of choice, not an obligation; the fourth, caprice. + + + + +But is it possible that we are not all associated? Let us call +to mind what was said in the last two chapters, That even though +we do not want to be associated, the force of things, the +necessity of consumption, the laws of production, and the +mathematical principle of exchange combine to associate us. +There is but a single exception to this rule,--that of the +proprietor, who, producing by his right of increase, is not +associated with any one, and consequently is not obliged to share +his product with any one; just as no one else is bound to share +with him. With the exception of the proprietor, we labor for +each other; we can do nothing by ourselves unaided by others, and +we continually exchange products and services with each other. +If these are not social acts, what are they? + +Now, neither a commercial, nor an industrial, nor an agricultural +association can be conceived of in the absence of equality; +equality is its sine qua non. So that, in all matters which +concern this association, to violate society is to violate +justice and equality. Apply this principle to humanity at large. + +After what has been said, I assume that the reader +has sufficient insight to enable him to dispense with any +aid of mine. + +By this principle, the man who takes possession of a field, and +says, "This field is mine," will not be unjust so long as every +one else has an equal right of possession; nor will he be unjust, +if, wishing to change his location, he exchanges this field for +an equivalent. But if, putting another in his place, he says to +him, "Work for me while I rest," he then becomes unjust, +unassociated, UNEQUAL. He is a proprietor. + +Reciprocally, the sluggard, or the rake, who, without performing +any social task, enjoys like others--and often more than others-- +the products of society, should be proceeded against as a thief +and a parasite. We owe it to ourselves to give him nothing; but, +since he must live, to put him under supervision, and compel him +to labor. + +Sociability is the attraction felt by sentient beings for each +other. Justice is this same attraction, accompanied by thought +and knowledge. But under what general concept, in what category +of the understanding, is justice placed? In the category of +equal quantities. Hence, the ancient definition of justice-- +_Justum aequale est, injustum inaequale_. What is it, then, to +practise justice? It is to give equal wealth to each, on +condition of equal labor. It is to act socially. Our +selfishness may complain; there is no escape from evidence and +necessity. + +What is the right of occupancy? It is a natural method of +dividing the earth, by reducing each laborer's share as fast as +new laborers present themselves. This right disappears if the +public interest requires it; which, being the social interest, is +also that of the occupant. + +What is the right of labor? It is the right to obtain one's +share of wealth by fulfilling the required conditions. It +is the right of society, the right of equality. + +Justice, which is the product of the combination of an idea and +an instinct, manifests itself in man as soon as he is capable of +feeling, and of forming ideas. Consequently, it has been +regarded as an innate and original sentiment; but this opinion is +logically and chronologically false. But justice, by its +composition hybrid--if I may use the term,--justice, born of +emotion and intellect combined, seems to me one of the strongest +proofs of the unity and simplicity of the ego; the organism +being no more capable of producing such a mixture by itself, than +are the combined senses of hearing and sight of forming a binary +sense, half auditory and half visual. + +This double nature of justice gives us the definitive basis of +all the demonstrations in Chapters II., III., and IV. On the one +hand, the idea of JUSTICE being identical with that of society, +and society necessarily implying equality, equality must underlie +all the sophisms invented in defence of property; for, since +property can be defended only as a just and social institution, +and property being inequality, in order to prove that property is +in harmony with society, it must be shown that injustice is +justice, and that inequality is equality,--a contradiction in +terms. On the other hand, since the idea of equality--the second +element of justice--has its source in the mathematical +proportions of things; and since property, or the unequal +distribution of wealth among laborers, destroys the necessary +balance between labor, production, and consumption,--property +must be impossible. + +All men, then, are associated; all are entitled to the same +justice; all are equal. Does it follow that the preferences of +love and friendship are unjust? + +This requires explanation. I have already supposed the case of a +man in peril, I being in a position to help him. Now, I suppose +myself appealed to at the same time by two men exposed to danger. + +Am I not allowed--am I not commanded even--to rush first to the +aid of him who is endeared to me by ties of blood, friendship, +acquaintance, or esteem, at the risk of leaving the other to +perish? Yes. And why? Because within universal society there +exist for each of us as many special societies as there are +individuals; and we are bound, by the principle of sociability +itself, to fulfil the obligations which these impose upon us, +according to the intimacy of our relations with them. Therefore +we must give our father, mother, children, friends, relatives, +&c., the preference over all others. But in what consists this +preference? + +A judge has a case to decide, in which one of the parties is his +friend, and the other his enemy. Should he, in this instance, +prefer his INTIMATE ASSOCIATE to his DISTANT ASSOCIATE; and +decide the case in favor of his friend, in spite of evidence to +the contrary? No: for, if he should favor his friend's +injustice, he would become his accomplice in his violation of the +social compact; he would form with him a sort of conspiracy +against the social body. Preference should be shown only in +personal matters, such as love, esteem, confidence, or intimacy, +when all cannot be considered at once. Thus, in case of fire, a +father would save his own child before thinking of his +neighbor's; but the recognition of a right not being an optional +matter with a judge, he is not at liberty to favor one person to +the detriment of another. + +The theory of these special societies--which are formed +concentrically, so to speak, by each of us inside of the main +body--gives the key to all the problems which arise from the +opposition and conflict of the different varieties of social +duty,--problems upon which the ancient tragedies are based. + +The justice practised among animals is, in a certain degree, +negative. With the exception of protecting their young, hunting +and plundering in troops, uniting for common defence and +sometimes for individual assistance, it consists more in +prevention than in action. A sick animal who cannot arise from +the ground, or an imprudent one who has fallen over a precipice, +receives neither medicine nor nourishment. If he cannot cure +himself, nor relieve himself of his trouble, his life is in +danger: he will neither be cared for in bed, nor fed in a prison. + +Their neglect of their fellows arises as much from the weakness +of their intellect as from their lack of resources. Still, the +degrees of intimacy common among men are not unknown to the +animals. They have friendships of habit and of choice; +friendships neighborly, and friendships parental. In comparison +with us, they have feeble memories, sluggish feelings, and are +almost destitute of intelligence; but the identity of these +faculties is preserved to some extent, and our superiority in +this respect arises entirely from our understanding. + +It is our strength of memory and penetration of judgment which +enable us to multiply and combine the acts which our social +instinct impels us to perform, and which teaches us how to render +them more effective, and how to distribute them justly. The +beasts who live in society practise justice, but are ignorant of +its nature, and do not reason upon it; they obey their instinct +without thought or philosophy. They know not how to unite the +social sentiment with the idea of equality, which they do not +possess; this idea being an abstract one. We, on the contrary, +starting with the principle that society implies equality, can, +by our reasoning faculty, understand and agree with each +other in settling our rights; we have even used our judgment to a +great extent. But in all this our conscience plays a small part, +as is proved by the fact that the idea of RIGHT--of which we +catch a glimpse in certain animals who approach nearer than any +others to our standard of intelligence--seems to grow, from the +low level at which it stands in savages, to the lofty height +which it reaches in a Plato or a Franklin. If we trace the +development of the moral sense in individuals, and the progress +of laws in nations, we shall be convinced that the ideas of +justice and legislative perfection are always proportional to +intelligence. The notion of justice--which has been regarded by +some philosophers as simple--is then, in reality, complex. It +springs from the social instinct on the one hand, and the idea of +equality on the other; just as the notion of guilt arises from +the feeling that justice has been violated, and from the idea of +free-will. + +In conclusion, instinct is not modified by acquaintance with its +nature; and the facts of society, which we have thus far +observed, occur among beasts as well as men. We know the meaning +of justice; in other words, of sociability viewed from the +standpoint of equality. We have met with nothing which separates +us from the animals. + +% 3.--Of the third degree of Sociability. + + +The reader, perhaps, has not forgotten what was said in the third +chapter concerning the division of labor and the speciality of +talents. The sum total of the talents and capacities of the race +is always the same, and their nature is always similar. We are +all born poets, mathematicians, philosophers, artists, artisans, +or farmers, but we are not born equally endowed; and between one +man and another in society, or between one faculty and +another in the same individual, there is an infinite difference. +This difference of degree in the same faculties, this +predominance of talent in certain directions, is, we have said, +the very foundation of our society. Intelligence and natural +genius have been distributed by Nature so economically, and yet +so liberally, that in society there is no danger of either a +surplus or a scarcity of special talents; and that each laborer, +by devoting himself to his function, may always attain to the +degree of proficiency necessary to enable him to benefit by the +labors and discoveries of his fellows. Owing to this simple and +wise precaution of Nature, the laborer is not isolated by his +task. He communicates with his fellows through the mind, before +he is united with them in heart; so that with him love is born of +intelligence. + +It is not so with societies of animals. In every species, the +aptitudes of all the individuals--though very limited--are equal +in number and (when they are not the result of instinct) in +intensity. Each one does as well as all the others what all the +others do; provides his food, avoids the enemy, burrows in the +earth, builds a nest, &c. No animal, when free and healthy, +expects or requires the aid of his neighbor; who, in his turn, is +equally independent. + +Associated animals live side by side without any intellectual +intercourse or intimate communication,--all doing the same +things, having nothing to learn or to remember; they see, feel, +and come in contact with each other, but never penetrate each +other. Man continually exchanges with man ideas and feelings, +products and services. Every discovery and act in society is +necessary to him. But of this immense quantity of products and +ideas, that which each one has to produce and acquire for himself +is but an atom in the sun. Man would not be man were it not +for society, and society is supported by the balance and harmony +of the powers which compose it. + +Society, among the animals, is SIMPLE; with man it is +COMPLEX. Man is associated with man by the same instinct which +associates animal with animal; but man is associated differently +from the animal, and it is this difference in association which +constitutes the difference in morality. + +I have proved,--at too great length, perhaps,--both by the spirit +of the laws which regard property as the basis of society, and by +political economy, that inequality of conditions is justified +neither by priority of occupation nor superiority of talent, +service, industry, and capacity. But, although equality of +conditions is a necessary consequence of natural right, of +liberty, of the laws of production, of the capacity of physical +nature, and of the principle of society itself,--it does not +prevent the social sentiment from stepping over the boundaries of +DEBT and CREDIT. The fields of benevolence and love extend +far beyond; and when economy has adjusted its balance, the mind +begins to benefit by its own justice, and the heart expands in +the boundlessness of its affection. + +The social sentiment then takes on a new character, which varies +with different persons. In the strong, it becomes the pleasure +of generosity; among equals, frank and cordial friendship; in the +weak, the pleasure of admiration and gratitude. + +The man who is superior in strength, skill, or courage, knows +that he owes all that he is to society, without which he could +not exist. He knows that, in treating him precisely as it does +the lowest of its members, society discharges its whole duty +towards him. But he does not underrate his faculties; he is no +less conscious of his power and greatness; and it is this +voluntary reverence which he pays to humanity, this avowal that +he is but an instrument of Nature,--who is alone worthy of glory +and worship,--it is, I say, this simultaneous confession of the +heart and the mind, this genuine adoration of the Great Being, +that distinguishes and elevates man, and lifts him to a degree of +social morality to which the beast is powerless to attain. +Hercules destroying the monsters and punishing brigands for the +safety of Greece, Orpheus teaching the rough and wild +Pelasgians,--neither of them putting a price upon their +services,--there we see the noblest creations of poetry, the +loftiest expression of justice and virtue. + +The joys of self-sacrifice are ineffable. + +If I were to compare human society to the old Greek tragedies, I +should say that the phalanx of noble minds and lofty souls dances +the strophe, and the humble multitude the antistrophe. +Burdened with painful and disagreeable tasks, but rendered +omnipotent by their number and the harmonic arrangement of their +functions, the latter execute what the others plan. Guided by +them, they owe them nothing; they honor them, however, and lavish +upon them praise and approbation. + +Gratitude fills people with adoration and enthusiasm. + +But equality delights my heart. Benevolence degenerates into +tyranny, and admiration into servility. Friendship is the +daughter of equality. O my friends! may I live in your midst +without emulation, and without glory; let equality bring us +together, and fate assign us our places. May I die without +knowing to whom among you I owe the most esteem! + +Friendship is precious to the hearts of the children of men. + +Generosity, gratitude (I mean here only that gratitude which is +born of admiration of a superior power), and friendship are three +distinct shades of a single sentiment which I will call +equite, or SOCIAL PROPORTIONALITY.[1] Equite does not +change justice: but, always taking equite for the base, it +superadds esteem, and thereby forms in man a third degree of +sociability. Equite makes it at once our duty and our pleasure +to aid the weak who have need of us, and to make them our equals; +to pay to the strong a just tribute of gratitude and honor, +without enslaving ourselves to them; to cherish our neighbors, +friends, and equals, for that which we receive from them, even by +right of exchange. Equite is sociability raised to its ideal +by reason and justice; its commonest manifestation is URBANITY +or POLITENESS, which, among certain nations, sums up in a +single word nearly all the social duties. + +[1] I mean here by equite what the Latins called +humanitas,--that is, the kind of sociability which is peculiar +to man. Humanity, gentle and courteous to all, knows how to +distinguish ranks, virtues, and capacities without injury to any. + +It is the just distribution of social sympathy and universal +love. + + + + +Now, this feeling is unknown among the beasts, who love and cling +to each other, and show their preferences, but who cannot +conceive of esteem, and who are incapable of generosity, +admiration, or politeness. + +This feeling does not spring from intelligence, which calculates, +computes, and balances, but does not love; which sees, but does +not feel. As justice is the product of social instinct and +reflection combined, so equite is a product of justice and +taste combined--that is, of our powers of judging and of +idealizing. + +This product--the third and last degree of human sociability--is +determined by our complex mode of association; in which +inequality, or rather the divergence of faculties, and the +speciality of functions--tending of themselves to isolate +laborers--demand a more active sociability. + +That is why the force which oppresses while protecting is +execrable; why the silly ignorance which views with the same +eye the marvels of art, and the products of the rudest industry, +excites unutterable contempt; why proud mediocrity, which glories +in saying, "I have paid you--I owe you nothing," is especially +odious. + +SOCIABILITY, JUSTICE, EQUITE--such, in its triplicity, is the +exact definition of the instinctive faculty which leads us into +communication with our fellows, and whose physical manifestation +is expressed by the formula: EQUALITY IN NATURAL WEALTH, AND +THE PRODUCTS OF LABOR. + +These three degrees of sociability support and imply each other. + +Equite cannot exist without justice; society without justice is +a solecism. If, in order to reward talent, I take from one to +give to another, in unjustly stripping the first, I do not esteem +his talent as I ought; if, in society, I award more to myself +than to my associate, we are not really associated. Justice is +sociability as manifested in the division of material things, +susceptible of weight and measure; equite is justice +accompanied by admiration and esteem,--things which cannot be +measured. + +From this several inferences may be drawn. + +1. Though we are free to grant our esteem to one more than to +another, and in all possible degrees, yet we should give no one +more than his proportion of the common wealth; because the duty +of justice, being imposed upon us before that of equite, must +always take precedence of it. The woman honored by the ancients, +who, when forced by a tyrant to choose between the death of her +brother and that of her husband, sacrificed the latter on the +ground that she could find another husband but not another +brother,--that woman, I say, in obeying her sense of equite, +failed in point of justice, and did a bad deed, because conjugal +association is a closer relation than fraternal association, +and because the life of our neighbor is not our property. + +By the same principle, inequality of wages cannot be admitted by +law on the ground of inequality of talents; because the just +distribution of wealth is the function of economy,--not of +enthusiasm. + +Finally, as regards donations, wills, and inheritance, society, +careful both of the personal affections and its own rights, must +never permit love and partiality to destroy justice. And, though +it is pleasant to think that the son, who has been long +associated with his father in business, is more capable than any +one else of carrying it on; and that the citizen, who is +surprised in the midst of his task by death, is best fitted, in +consequence of his natural taste for his occupation, to designate +his successor; and though the heir should be allowed the right of +choice in case of more than one inheritance,--nevertheless, +society can tolerate no concentration of capital and industry for +the benefit of a single man, no monopoly of labor, no +encroachment.[1] + +[1] Justice and equite never have been understood. + +"Suppose that some spoils, taken from the enemy, and equal to +twelve, are to be divided between Achilles and Ajax. If the two +persons were equal, their respective shares would be +arithmetically equal: Achilles would have six, Ajax six. And if +we should carry out this arithmetical equality, Thersites would +be entitled to as much as Achilles, which would be unjust in the +extreme. To avoid this injustice, the worth of the persons +should be estimated, and the spoils divided accordingly. Suppose +that the worth of Achilles is double that of Ajax: the former's +share is eight, the latter four. There is no arithmetical +equality, but a proportional equality. It is this comparison of +merits, rationum, that Aristotle calls distributive justice. +It is a geometrical proportion."--Toullier: French Law +according to the Code. + +Are Achilles and Ajax associated, or are they not? Settle that, +and you settle the whole question. If Achilles and Ajax, instead +of being associated, are themselves in the service of Agamemnon +who pays them, there is no objection to Aristotle's method. The +slave-owner, who controls his slaves, may give a double allowance +of brandy to him who does double work. That is the law of +despotism; the right of slavery. + +But if Achilles and Ajax are associated, they are equals. What +matters it that Achilles has a strength of four, while that of +Ajax is only two? The latter may always answer that he is free; +that if Achilles has a strength of four, five could kill him; +finally, that in doing personal service he incurs as great a risk +as Achilles. The same argument applies to Thersites. If he is +unable to fight, let him be cook, purveyor, or butler. If he is +good for nothing, put him in the hospital. In no case wrong him, +or impose upon him laws. + +Man must live in one of two states: either in society, or out of +it. In society, conditions are necessarily equal, except in the +degree of esteem and consideration which each one may receive. +Out of society, man is so much raw material, a capitalized tool, +and often an incommodious and useless piece of furniture. + + + + + +2. Equite, justice, and society, can exist only between +individuals of the same species. They form no part of the +relations of different races to each other,--for instance, of the +wolf to the goat, of the goat to man, of man to God, much less of +God to man. The attribution of justice, equity, and love to the +Supreme Being is pure anthropomorphism; and the adjectives just, +merciful, pitiful, and the like, should be stricken from our +litanies. God can be regarded as just, equitable, and good, only +to another God. Now, God has no associate; consequently, he +cannot experience social affections,--such as goodness, equite, +and justice. Is the shepherd said to be just to his sheep and +his dogs? No: and if he saw fit to shear as much wool from a +lamb six months old, as from a ram of two years; or, if he +required as much work from a young dog as from an old one,--they +would say, not that he was unjust, but that he was foolish. +Between man and beast there is no society, though there may be +affection. Man loves the animals as THINGS,--as SENTIENT +THINGS, if you will,--but not as PERSONS. Philosophy, after +having eliminated from the idea of God the passions ascribed to +him by superstition, will then be obliged to eliminate also the +virtues which our liberal piety awards to him.[1] + +[1] Between woman and man there may exist love, passion, ties of +custom, and the like; but there is no real society. Man and +woman are not companions. The difference of the sexes places a +barrier between them, like that placed between animals by a +difference of race. Consequently, far from advocating what is +now called the emancipation of woman, I should incline, rather, +if there were no other alternative, to exclude her from society. + +The rights of woman and her relations with man are yet to be +determined Matrimonial legislation, like civil legislation, is a +matter for the future to settle. + + + + +If God should come down to earth, and dwell among us, we could +not love him unless he became like us; nor give him any thing +unless he produced something; nor listen to him unless he proved +us mistaken; nor worship him unless he manifested his power. All +the laws of our nature, affectional, economical, and +intellectual, would prevent us from treating him as we treat our +fellow-men,--that is, according to reason, justice, and equite. + +I infer from this that, if God should wish ever to put himself +into immediate communication with man, he would have to become a +man. + +Now, if kings are images of God, and executors of his will, they +cannot receive love, wealth, obedience, and glory from us, unless +they consent to labor and associate with us--produce as much as +they consume, reason with their subjects, and do wonderful +things. Still more; if, as some pretend, kings are public +functionaries, the love which is due them is measured by their +personal amiability; our obligation to obey them, by the wisdom +of their commands; and their civil list, by the total social +production divided by the number of citizens. + +Thus, jurisprudence, political economy, and psychology agree in +admitting the law of equality. Right and duty-- +the due reward of talent and labor--the outbursts of love +and enthusiasm,--all are regulated in advance by an invariable +standard; all depend upon number and balance. Equality of +conditions is the law of society, and universal solidarity is the +ratification of this law. + +Equality of conditions has never been realized, thanks to our +passions and our ignorance; but our opposition to this law has +made it all the more a necessity. To that fact history bears +perpetual testimony, and the course of events reveals it to us. +Society advances from equation to equation. To the eyes of the +economist, the revolutions of empires seem now like the reduction +of algebraical quantities, which are inter-deducible; now like +the discovery of unknown quantities, induced by the inevitable +influence of time. Figures are the providence of history. +Undoubtedly there are other elements in human progress; but in +the multitude of hidden causes which agitate nations, there is +none more powerful or constant, none less obscure, than the +periodical explosions of the proletariat against property. +Property, acting by exclusion and encroachment, while population +was increasing, has been the life-principle and definitive cause +of all revolutions. Religious wars, and wars of conquest, when +they have stopped short of the extermination of races, have been +only accidental disturbances, soon repaired by the mathematical +progression of the life of nations. The downfall and death of +societies are due to the power of accumulation possessed by +property. + +In the middle ages, take Florence,--a republic of merchants and +brokers, always rent by its well-known factions, the Guelphs and +Ghibellines, who were, after all, only the people and the +proprietors fighting against each other,--Florence, ruled by +bankers, and borne down at last by the weight of her +debts;[1] in ancient times, take Rome, preyed upon from its birth +by usury, flourishing, nevertheless, as long as the known world +furnished its terrible proletaires with LABOR stained with +blood by civil war at every interval of rest, and dying of +exhaustion when the people lost, together with their former +energy, their last spark of moral sense; Carthage, a commercial +and financial city, continually divided by internal competition; +Tyre, Sidon, Jerusalem, Nineveh, Babylon, ruined, in turn, by +commercial rivalry and, as we now express it, by panics in the +market,--do not these famous examples show clearly enough the +fate which awaits modern nations, unless the people, unless +France, with a sudden burst of her powerful voice, proclaims in +thunder-tones the abolition of the regime of property? + +[1] "The strong-box of Cosmo de Medici was the grave of +Florentine liberty," said M. Michelet to the College of France. + + + + +Here my task should end. I have proved the right of the poor; I +have shown the usurpation of the rich. I demand justice; it is +not my business to execute the sentence. If it should be +argued--in order to prolong for a few years an illegitimate +privilege--that it is not enough to demonstrate equality, that it +is necessary also to organize it, and above all to establish it +peacefully, I might reply: The welfare of the oppressed is of +more importance than official composure. Equality of conditions +is a natural law upon which public economy and jurisprudence are +based. The right to labor, and the principle of equal +distribution of wealth, cannot give way to the anxieties of +power. It is not for the proletaire to reconcile the +contradictions of the codes, still less to suffer for the errors +of the government. On the contrary, it is the duty of the civil +and administrative power to reconstruct itself on the basis of +political equality. An evil, when known, should be condemned and +destroyed. The legislator cannot plead ignorance as an excuse +for upholding a glaring iniquity. Restitution should not be +delayed. Justice, justice! recognition of right! reinstatement +of the proletaire!--when these results are accomplished, then, +judges and consuls, you may attend to your police, and provide a +government for the Republic! + +For the rest, I do not think that a single one of my readers +accuses me of knowing how to destroy, but of not knowing how to +construct. In demonstrating the principle of equality, I have +laid the foundation of the social structure I have done more. I +have given an example of the true method of solving political and +legislative problems. Of the science itself, I confess that I +know nothing more than its principle; and I know of no one at +present who can boast of having penetrated deeper. Many people +cry, "Come to me, and I will teach you the truth!" These people +mistake for the truth their cherished opinion and ardent +conviction, which is usually any thing but the truth. The +science of society--like all human sciences--will be for ever +incomplete. The depth and variety of the questions which it +embraces are infinite. We hardly know the A B C of this science, +as is proved by the fact that we have not yet emerged from the +period of systems, and have not ceased to put the authority of +the majority in the place of facts. A certain philological +society decided linguistic questions by a plurality of votes. +Our parliamentary debates--were their results less pernicious-- +would be even more ridiculous. The task of the true publicist, +in the age in which we live, is to close the mouths of quacks and +charlatans, and to teach the public to demand demonstrations, +instead of being contented with symbols and programmes. +Before talking of the science itself, it is necessary to +ascertain its object, and discover its method and principle. The +ground must be cleared of the prejudices which encumber it. Such +is the mission of the nineteenth century. + +For my part, I have sworn fidelity to my work of demolition, and +I will not cease to pursue the truth through the ruins and +rubbish. I hate to see a thing half done; and it will be +believed without any assurance of mine, that, having dared to +raise my hand against the Holy Ark, I shall not rest contented +with the removal of the cover. The mysteries of the sanctuary of +iniquity must be unveiled, the tables of the old alliance broken, +and all the objects of the ancient faith thrown in a heap to the +swine. A charter has been given to us,--a resume of political +science, the monument of twenty legislatures. A code has been +written,--the pride of a conqueror, and the summary of ancient +wisdom. Well! of this charter and this code not one article +shall be left standing upon another! The time has come for the +wise to choose their course, and prepare for reconstruction. + +But, since a destroyed error necessarily implies a counter-truth, +I will not finish this treatise without solving the first problem +of political science,--that which receives the attention of all +minds. + +WHEN PROPERTY IS ABOLISHED, WHAT WILL BE THE FORM OF SOCIETY! +WILL IT BE COMMUNISM? + +PART SECOND. + + +% 1.--Of the Causes of our Mistakes. The Origin of Property. + + +The true form of human society cannot be determined until the +following question has been solved:-- + +Property not being our natural condition, how did it gain a +foothold? Why has the social instinct, so trustworthy among +the animals, erred in the case of man? Why is man, who was born +for society, not yet associated? + +I have said that human society is COMPLEX in its nature. +Though this expression is inaccurate, the fact to which it refers +is none the less true; namely, the classification of talents and +capacities. But who does not see that these talents and +capacities, owing to their infinite variety, give rise to an +infinite variety of wills, and that the character, the +inclinations, and--if I may venture to use the expression--the +form of the ego, are necessarily changed; so that in the order +of liberty, as in the order of intelligence, there are as many +types as individuals, as many characters as heads, whose tastes, +fancies, and propensities, being modified by dissimilar ideas, +must necessarily conflict? Man, by his nature and his instinct, +is predestined to society; but his personality, ever varying, is +adverse to it. + +In societies of animals, all the members do exactly the same +things. The same genius directs them; the same will animates +them. A society of beasts is a collection of atoms, round, +hooked, cubical, or triangular, but always perfectly identical. +These personalities do not vary, and we might say that a single +ego governs them all. The labors which animals perform, +whether alone or in society, are exact reproductions of their +character. Just as the swarm of bees is composed of individual +bees, alike in nature and equal in value, so the honeycomb is +formed of individual cells, constantly and invariably repeated. + +But man's intelligence, fitted for his social destiny and his +personal needs, is of a very different composition, and therefore +gives rise to a wonderful variety of human wills. In the bee, +the will is constant and uniform, because the instinct which +guides it is invariable, and constitutes the animal's whole life +and nature. In man, talent varies, and the mind wavers; +consequently, his will is multiform and vague. He seeks society, +but dislikes constraint and monotony; he is an imitator, but fond +of his own ideas, and passionately in love with his works. + +If, like the bees, every man were born possessed of talent, +perfect knowledge of certain kinds, and, in a word, an innate +acquaintance with the functions he has to perform, but destitute +of reflective and reasoning faculties, society would organize +itself. We should see one man plowing a field, another building +houses; this one forging metals, that one cutting clothes; and +still others storing the products, and superintending their +distribution. Each one, without inquiring as to the object of +his labor, and without troubling himself about the extent of his +task, would obey orders, bring his product, receive his salary, +and would then rest for a time; keeping meanwhile no accounts, +envious of nobody, and satisfied with the distributor, who never +would be unjust to any one. Kings would govern, but would not +reign; for to reign is to be a _proprietor a l'engrais_, as +Bonaparte said: and having no commands to give, since all would +be at their posts, they would serve rather as rallying centres +than as authorities or counsellors. It would be a state of +ordered communism, but not a society entered into deliberately +and freely. + +But man acquires skill only by observation and experiment. He +reflects, then, since to observe and experiment is to reflect; he +reasons, since he cannot help reasoning. In reflecting, he +becomes deluded; in reasoning, he makes mistakes, and, thinking +himself right, persists in them. He is wedded to his opinions; +he esteems himself, and despises others. Consequently, he +isolates himself; for he could not submit to the majority +without renouncing his will and his reason,--that is, without +disowning himself, which is impossible. And this isolation, this +intellectual egotism, this individuality of opinion, lasts until +the truth is demonstrated to him by observation and experience. +A final illustration will make these facts still clearer. + +If to the blind but convergent and harmonious instincts of a +swarm of bees should be suddenly added reflection and judgment, +the little society could not long exist. In the first place, the +bees would not fail to try some new industrial process; for +instance, that of making their cells round or square. All sorts +of systems and inventions would be tried, until long experience, +aided by geometry, should show them that the hexagonal shape is +the best. Then insurrections would occur. The drones would be +told to provide for themselves, and the queens to labor; jealousy +would spread among the laborers; discords would burst forth; soon +each one would want to produce on his own account; and finally +the hive would be abandoned, and the bees would perish. Evil +would be introduced into the honey-producing republic by the +power of reflection,--the very faculty which ought to constitute +its glory. + +Thus, moral evil, or, in this case, disorder in society, is +naturally explained by our power of reflection. The mother of +poverty, crime, insurrection, and war was inequality of +conditions; which was the daughter of property, which was born of +selfishness, which was engendered by private opinion, which +descended in a direct line from the autocracy of reason. Man, in +his infancy, is neither criminal nor barbarous, but ignorant and +inexperienced. Endowed with imperious instincts which are under +the control of his reasoning faculty, at first he reflects but +little, and reasons inaccurately; then, benefiting by his +mistakes, he rectifies his ideas, and perfects his reason. In +the first place, it is the savage sacrificing all his possessions +for a trinket, and then repenting and weeping; it is Esau selling +his birthright for a mess of pottage, and afterwards wishing to +cancel the bargain; it is the civilized workman laboring in +insecurity, and continually demanding that his wages be +increased, neither he nor his employer understanding that, in the +absence of equality, any salary, however large, is always +insufficient. Then it is Naboth dying to defend his inheritance; +Cato tearing out his entrails that he might not be enslaved; +Socrates drinking the fatal cup in defence of liberty of thought; +it is the third estate of '89 reclaiming its liberty: soon it +will be the people demanding equality of wages and an equal +division of the means of production. + +Man is born a social being,--that is, he seeks equality and +justice in all his relations, but he loves independence and +praise. The difficulty of satisfying these various desires at +the same time is the primary cause of the despotism of the will, +and the appropriation which results from it. On the other hand, +man always needs a market for his products; unable to compare +values of different kinds, he is satisfied to judge +approximately, according to his passion and caprice; and he +engages in dishonest commerce, which always results in wealth and +poverty. Thus, the greatest evils which man suffers arise from +the misuse of his social nature, of this same justice of which he +is so proud, and which he applies with such deplorable ignorance. + +The practice of justice is a science which, when once discovered +and diffused, will sooner or later put an end to social disorder, +by teaching us our rights and duties. + +This progressive and painful education of our instinct, this slow +and imperceptible transformation of our spontaneous +perceptions into deliberate knowledge, does not take place +among the animals, whose instincts remain fixed, and never become +enlightened. + + +"According to Frederic Cuvier, who has so clearly distinguished +between instinct and intelligence in animals, `instinct is a +natural and inherent faculty, like feeling, irritability, or +intelligence. The wolf and the fox who recognize the traps in +which they have been caught, and who avoid them; the dog and the +horse, who understand the meaning of several of our words, and +who obey us,--thereby show _intelligence_. The dog who hides the +remains of his dinner, the bee who constructs his cell, the bird +who builds his nest, act only from _instinct_. Even man has +instincts: it is a special instinct which leads the new-born +child to suck. But, in man, almost every thing is accomplished +by intelligence; and intelligence supplements instinct. The +opposite is true of animals: their instinct is given them as a +supplement to their intelligence.'"--Flourens: Analytical +Summary of the Observations of F. Cuvier. + +"We can form a clear idea of instinct only by admitting that +animals have in their _sensorium_, images or innate and constant +sensations, which influence their actions in the same manner that +ordinary and accidental sensations commonly do. It is a sort of +dream, or vision, which always follows them and in all which +relates to instinct they may be regarded as somnambulists."--F. +Cuvier: Introduction to the Animal Kingdom. + + +Intelligence and instinct being common, then, though in different +degrees, to animals and man, what is the distinguishing +characteristic of the latter? According to F. Cuvier, it is +REFLECTION OR THE POWER OF INTELLECTUALLY CONSIDERING OUR OWN +MODIFICATIONS BY A SURVEY OF OURSELVES. This lacks clearness, +and requires an explanation. + +If we grant intelligence to animals, we must also grant them, in +some degree, reflection; for, the first cannot exist without the +second, as F. Cuvier himself has proved by numerous examples. +But notice that the learned observer defines the kind of +reflection which distinguishes us from the animals as the POWER +OF CONSIDERING OUR OWN MODIFICATIONS. This I shall endeavour to +interpret, by developing to the best of my ability the +laconism of the philosophical naturalist. + +The intelligence acquired by animals never modifies the +operations which they perform by instinct: it is given them only +as a provision against unexpected accidents which might disturb +these operations. In man, on the contrary, instinctive action is +constantly changing into deliberate action. Thus, man is social +by instinct, and is every day becoming social by reflection and +choice. At first, he formed his words by instinct;[1] he was a +poet by inspiration: to-day, he makes grammar a science, and +poetry an art. His conception of God and a future life is +spontaneous and instinctive, and his expressions of this +conception have been, by turns, monstrous, eccentric, beautiful, +comforting, and terrible. All these different creeds, at which +the frivolous irreligion of the eighteenth century mocked, are +modes of expression of the religious sentiment. Some day, man +will explain to himself the character of the God whom he believes +in, and the nature of that other world to which his soul aspires. + +[1] "The problem of the origin of language is solved by the +distinction made by Frederic Cuvier between instinct and +intelligence. Language is not a premeditated, arbitrary, or +conventional device; nor is it communicated or revealed to us by +God. Language is an instinctive and unpremeditated creation of +man, as the hive is of the bee. In this sense, it may be said +that language is not the work of man, since it is not the work of +his mind. Further, the mechanism of language seems more +wonderful and ingenious when it is not regarded as the result of +reflection. This fact is one of the most curious and +indisputable which philology has observed. See, among other +works, a Latin essay by F. G. Bergmann (Strasbourg, 1839), in +which the learned author explains how the phonetic germ is born +of sensation; how language passes through three successive stages +of development; why man, endowed at birth with the instinctive +faculty of creating a language, loses this faculty as fast as his +mind develops; and that the study of languages is real natural +history,--in fact, a science. France possesses to-day several +philologists of the first rank, endowed with rare talents and +deep philosophic insight,--modest savants developing a science +almost without the knowledge of the public; devoting themselves +to studies which are scornfully looked down upon, and seeming to +shun applause as much as others seek it." + + + + +All that he does from instinct man despises; or, if he admires +it, it is as Nature's work, not as his own. This explains the +obscurity which surrounds the names of early inventors; it +explains also our indifference to religious matters, and the +ridicule heaped upon religious customs. Man esteems only the +products of reflection and of reason. The most wonderful works +of instinct are, in his eyes, only lucky GOD-SENDS; he reserves +the name DISCOVERY--I had almost said creation--for the works +of intelligence. Instinct is the source of passion and +enthusiasm; it is intelligence which causes crime and virtue. + +In developing his intelligence, man makes use of not only his own +observations, but also those of others. He keeps an account of +his experience, and preserves the record; so that the race, as +well as the individual, becomes more and more intelligent. The +animals do not transmit their knowledge; that which each +individual accumulates dies with him. + +It is not enough, then, to say that we are distinguished from the +animals by reflection, unless we mean thereby the CONSTANT +TENDENCY OF OUR INSTINCT TO BECOME INTELLIGENCE. While man is +governed by instinct, he is unconscious of his acts. He never +would deceive himself, and never would be troubled by errors, +evils, and disorder, if, like the animals, instinct were his only +guide. But the Creator has endowed us with reflection, to the +end that our instinct might become intelligence; and since this +reflection and resulting knowledge pass through various stages, +it happens that in the beginning our instinct is opposed, rather +than guided, by reflection; consequently, that our power of +thought leads us to act in opposition to our nature and our end; +that, deceiving ourselves, we do and suffer evil, until +instinct which points us towards good, and reflection which makes +us stumble into evil, are replaced by the science of good and +evil, which invariably causes us to seek the one and avoid the +other. + +Thus, evil--or error and its consequences--is the firstborn son +of the union of two opposing faculties, instinct and reflection; +good, or truth, must inevitably be the second child. Or, to +again employ the figure, evil is the product of incest between +adverse powers; good will sooner or later be the legitimate child +of their holy and mysterious union. + +Property, born of the reasoning faculty, intrenches itself behind +comparisons. But, just as reflection and reason are subsequent +to spontaneity, observation to sensation, and experience to +instinct, so property is subsequent to communism. Communism--or +association in a simple form--is the necessary object and +original aspiration of the social nature, the spontaneous +movement by which it manifests and establishes itself. It is the +first phase of human civilization. In this state of society,-- +which the jurists have called NEGATIVE COMMUNISM--man draws +near to man, and shares with him the fruits of the field and the +milk and flesh of animals. Little by little this communism-- +negative as long as man does not produce--tends to become +positive and organic through the development of labor and +industry. But it is then that the sovereignty of thought, and +the terrible faculty of reasoning logically or illogically, teach +man that, if equality is the sine qua non of society, communism +is the first species of slavery. +To express this idea by an Hegelian formula, I will say: + +Communism--the first expression of the social nature--is the +first term of social development,--the THESIS; property, the +reverse of communism, is the second term,--the ANTITHESIS. +When we have discovered the third term, the SYNTHESIS, we +shall have the required solution. Now, this synthesis +necessarily results from the correction of the thesis by the +antithesis. Therefore it is necessary, by a final examination of +their characteristics, to eliminate those features which are +hostile to sociability. The union of the two remainders will +give us the true form of human association. + + +% 2.--Characteristics of Communism and of Property. + + +I. I ought not to conceal the fact that property and communism +have been considered always the only possible forms of society. +This deplorable error has been the life of property. The +disadvantages of communism are so obvious that its critics never +have needed to employ much eloquence to thoroughly disgust men +with it. The irreparability of the injustice which it causes, +the violence which it does to attractions and repulsions, the +yoke of iron which it fastens upon the will, the moral torture to +which it subjects the conscience, the debilitating effect which +it has upon society; and, to sum it all up, the pious and stupid +uniformity which it enforces upon the free, active, reasoning, +unsubmissive personality of man, have shocked common sense, and +condemned communism by an irrevocable decree. + +The authorities and examples cited in its favor disprove it. The +communistic republic of Plato involved slavery; that of Lycurgus +employed Helots, whose duty it was to produce for their masters, +thus enabling the latter to devote themselves exclusively to +athletic sports and to war. Even J. J. Rousseau--confounding +communism and equality--has said somewhere that, without slavery, +he did not think equality of conditions possible. The +communities of the early Church did not last the first century +out, and soon degenerated into monasteries. In those of the +Jesuits of Paraguay, the condition of the blacks is said by +all travellers to be as miserable as that of slaves; and it is a +fact that the good Fathers were obliged to surround themselves +with ditches and walls to prevent their new converts from +escaping. The followers of Baboeuf--guided by a lofty horror of +property rather than by any definite belief--were ruined by +exaggeration of their principles; the St. Simonians, lumping +communism and inequality, passed away like a masquerade. The +greatest danger to which society is exposed to-day is that of +another shipwreck on this rock. + +Singularly enough, systematic communism--the deliberate negation +of property--is conceived under the direct influence of the +proprietary prejudice; and property is the basis of all +communistic theories. + +The members of a community, it is true, have no private property; +but the community is proprietor, and proprietor not only of the +goods, but of the persons and wills. In consequence of this +principle of absolute property, labor, which should be only a +condition imposed upon man by Nature, becomes in all communities +a human commandment, and therefore odious. Passive obedience, +irreconcilable with a reflecting will, is strictly enforced. +Fidelity to regulations, which are always defective, however wise +they may be thought, allows of no complaint. Life, talent, and +all the human faculties are the property of the State, which has +the right to use them as it pleases for the common good. Private +associations are sternly prohibited, in spite of the likes and +dislikes of different natures, because to tolerate them would be +to introduce small communities within the large one, and +consequently private property; the strong work for the weak, +although this ought to be left to benevolence, and not enforced, +advised, or enjoined; the industrious work for the lazy, +although this is unjust; the clever work for the foolish, +although this is absurd; and, finally, man--casting aside his +personality, his spontaneity, his genius, and his affections-- +humbly annihilates himself at the feet of the majestic and +inflexible Commune! + +Communism is inequality, but not as property is. Property is the +exploitation of the weak by the strong. Communism is the +exploitation of the strong by the weak. In property, inequality +of conditions is the result of force, under whatever name it be +disguised: physical and mental force; force of events, chance, +FORTUNE; force of accumulated property, &c. In communism, +inequality springs from placing mediocrity on a level with +excellence. This damaging equation is repellent to the +conscience, and causes merit to complain; for, although it may be +the duty of the strong to aid the weak, they prefer to do it out +of generosity,--they never will endure a comparison. Give them +equal opportunities of labor, and equal wages, but never allow +their jealousy to be awakened by mutual suspicion of +unfaithfulness in the performance of the common task. + +Communism is oppression and slavery. Man is very willing to obey +the law of duty, serve his country, and oblige his friends; but +he wishes to labor when he pleases, where he pleases, and as much +as he pleases. He wishes to dispose of his own time, to be +governed only by necessity, to choose his friendships, his +recreation, and his discipline; to act from judgment, not by +command; to sacrifice himself through selfishness, not through +servile obligation. Communism is essentially opposed to the free +exercise of our faculties, to our noblest desires, to our deepest +feelings. Any plan which could be devised for reconciling it +with the demands of the individual reason and will would end only +in changing the thing while preserving the name. Now, if we +are honest truth-seekers, we shall avoid disputes about words. + +Thus, communism violates the sovereignty of the conscience, and +equality: the first, by restricting spontaneity of mind and +heart, and freedom of thought and action; the second, by placing +labor and laziness, skill and stupidity, and even vice and virtue +on an equality in point of comfort. For the rest, if property is +impossible on account of the desire to accumulate, communism +would soon become so through the desire to shirk. + +II. Property, in its turn, violates equality by the rights of +exclusion and increase, and freedom by despotism. The former +effect of property having been sufficiently developed in the last +three chapters, I will content myself here with establishing by a +final comparison, its perfect identity with robbery. + +The Latin words for robber are _fur_ and _latro;_ the former +taken from the Greek {GREEK m }, from {GREEK m }, Latin +_fero_, I carry away; the latter from {GREEK `i }, I play the +part of a brigand, which is derived from {GREEK i }, Latin +_lateo_, I conceal myself. The Greeks have also {GREEK ncg }, +from {GREEK ncg }, I filch, whose radical consonants are the +same as those of {GREEK ` cg }, I cover, I conceal. Thus, in +these languages, the idea of a robber is that of a man who +conceals, carries away, or diverts, in any manner whatever, a +thing which does not belong to him. + +The Hebrews expressed the same idea by the word _gannab_,-- +robber,--from the verb _ganab_, which means to put away, to turn +aside: _lo thi-gnob (Decalogue: Eighth Commandment_), thou shalt +not steal,--that is, thou shalt not hold back, thou shalt not put +away any thing for thyself. That is the act of a man who, on +entering into a society into which he agrees to bring all +that he has, secretly reserves a portion, as did the celebrated +disciple Ananias. + +The etymology of the French verb _voler_ is still more +significant. _Voler_, or _faire la vole_ (from the Latin _vola_, +palm of the hand), means to take all the tricks in a game of +ombre; so that _le voleur_, the robber, is the capitalist who +takes all, who gets the lion's share. Probably this verb _voler_ +had its origin in the professional slang of thieves, whence it +has passed into common use, and, consequently into the +phraseology of the law. + +Robbery is committed in a variety of ways, which have been very +cleverly distinguished and classified by legislators according to +their heinousness or merit, to the end that some robbers may be +honored, while others are punished. + +We rob,--1. By murder on the highway; 2. Alone, or in a band; 3. +By breaking into buildings, or scaling walls; 4. By abstraction; +5. By fraudulent bankruptcy; 6. By forgery of the handwriting of +public officials or private individuals; 7. By manufacture of +counterfeit money. + +This species includes all robbers who practise their profession +with no other aid than force and open fraud. Bandits, brigands, +pirates, rovers by land and sea,--these names were gloried in by +the ancient heroes, who thought their profession as noble as it +was lucrative. Nimrod, Theseus, Jason and his Argonauts; +Jephthah, David, Cacus, Romulus, Clovis and all his Merovingian +descendants; Robert Guiscard, Tancred de Hauteville, Bohemond, +and most of the Norman heroes,-- were brigands and robbers. The +heroic character of the robber is expressed in this line from +Horace, in reference to Achilles,-- + + _"Jura neget sibi nata, nihil non arroget armis_,"[1] +and by this sentence from the dying words of Jacob (Gen. +xlviii.), which the Jews apply to David, and the Christians to +their Christ: _Manus ejus contra omnes_. In our day, the +robber--the warrior of the ancients--is pursued with the utmost +vigor. His profession, in the language of the code, entails +ignominious and corporal penalties, from imprisonment to the +scaffold. A sad change in opinions here below! + +[1] "My right is my lance and my buckler." General de Brossard +said, like Achilles: "I get wine, gold, and women with my lance +and my buckler." + + + + +We rob,--8. By cheating; 9. By swindling; 10. By abuse of trust; +11. By games and lotteries. + +This second species was encouraged by the laws of Lycurgus, in +order to sharpen the wits of the young. It is the kind practised +by Ulysses, Solon, and Sinon; by the ancient and modern Jews, +from Jacob down to Deutz; and by the Bohemians, the Arabs, and +all savage tribes. Under Louis XIII. and Louis XIV., it was not +considered dishonorable to cheat at play. To do so was a part of +the game; and many worthy people did not scruple to correct the +caprice of Fortune by dexterous jugglery. To-day even, and in +all countries, it is thought a mark of merit among peasants, +merchants, and shopkeepers to KNOW HOW TO MAKE A BARGAIN,--that +is, to deceive one's man. This is so universally accepted, that +the cheated party takes no offence. It is known with what +reluctance our government resolved upon the abolition of +lotteries. It felt that it was dealing a stab thereby at +property. The pickpocket, the blackleg, and the charlatan make +especial use of their dexterity of hand, their subtlety of mind, +the magic power of their eloquence, and their great fertility of +invention. Sometimes they offer bait to cupidity. Therefore the +penal code--which much prefers intelligence to muscular vigor-- +has made, of the four varieties mentioned above, a second +category, liable only to correctional, not to Ignominious, +punishments. + +Let them now accuse the law of being materialistic and atheistic. + +We rob,--12. By usury. + +This species of robbery, so odious and so severely punished since +the publication of the Gospel, is the connecting link between +forbidden and authorized robbery. Owing to its ambiguous nature, +it has given rise to a multitude of contradictions in the laws +and in morals,--contradictions which have been very cleverly +turned to account by lawyers, financiers, and merchants. Thus +the usurer, who lends on mortgage at ten, twelve, and fifteen per +cent., is heavily fined when detected; while the banker, who +receives the same interest (not, it is true, upon a loan, but in +the way of exchange or discount,--that is, of sale), is protected +by royal privilege. But the distinction between the banker and +the usurer is a purely nominal one. Like the usurer, who lends +on property, real or personal, the banker lends on business +paper; like the usurer, he takes his interest in advance; like +the usurer, he can recover from the borrower if the property is +destroyed (that is, if the note is not redeemed),--a circumstance +which makes him a money-lender, not a money-seller. But the +banker lends for a short time only, while the usurer's loan may +be for one, two, three, or more years. Now, a difference in the +duration of the loan, or the form of the act, does not alter the +nature of the transaction. As for the capitalists who invest +their money, either with the State or in commercial operations, +at three, four, and five per cent.,--that is, who lend on usury +at a little lower rate than the bankers and usurers,--they are +the flower of society, the cream of honesty! Moderation in +robbery is the height of virtue![1] + +[1] It would be interesting and profitable to review the authors +who have written on usury, or, to use the gentler expression +which some prefer, lendingat interest. The theologians always +have opposed usury; but, since they have admitted always the +legitimacy of rent, and since rent is evidently identical with +interest, they have lost themselves in a labyrinth of subtle +distinctions, and have finally reached a pass where they do not +know what to think of usury. The Church--the teacher of +morality, so jealous and so proud of the purity of her doctrine-- +has always been ignorant of the real nature of property and +usury. She even has proclaimed through her pontiffs the most +deplorable errors. _Non potest mutuum_, said Benedict XIV., +_locationi ullo pacto comparari_. "Rent," says Bossuet, "is as +far from usury as heaven is from the earth." How, on{sic} such a +doctrine, condemn lending at interest? how justify the Gospel, +which expressly forbids usury? The difficulty of theologians is +a very serious one. Unable to refute the economical +demonstrations, which rightly assimilate interest to rent, they +no longer dare to condemn interest, and they can say only that +there must be such a thing as usury, since the Gospel forbids it. + +But what, then, is usury? Nothing is more amusing than to see +these INSTRUCTORS OF NATIONS hesitate between the authority of +the Gospel, which, they say, NEVER CAN HAVE SPOKEN IN VAIN, and +the authority of economical demonstrations. Nothing, to my mind, +is more creditable to the Gospel than this old infidelity of its +pretended teachers. Salmasius, having assimilated interest to +rent, was REFUTED by Grotius, Pufendorf, Burlamaqui, Wolf, and +Heineccius; and, what is more curious still, Salmasius ADMITTED +HIS ERROR. Instead of inferring from this doctrine of Salmasius +that all increase is illegitimate, and proceeding straight on to +the demonstration of Gospel equality, they arrived at just the +opposite conclusion; namely, that since everybody acknowledges +that rent is permissible, if we allow that interest does not +differ from rent, there is nothing left which can be called +usury. and, consequently, that the commandment of Jesus Christ +is an ILLUSION, and amounts to NOTHING, which is an impious +conclusion. + +If this memoir had appeared in the time of Bossuet, that great +theologian would have PROVED by scripture, the fathers, +traditions, councils, and popes, that property exists by Divine +right, while usury is an invention of the devil; and the +heretical work would have been burned, and the author +imprisoned. + + + + +We rob,--13. By farm-rent, house-rent, and leases of all kinds. + +The author of the "Provincial Letters" entertained the honest +Christians of the seventeenth century at the expense of Escobar, +the Jesuit, and the contract Mohatra." The contract +Mohatra," said Escobar, "is a contract by which goods are +bought, at a high price and on credit, to be again sold at the +same moment to the same person, cash down, and at a +lower price." Escobar found a way to justify this kind of +usury. Pascal and all the Jansenists laughed at him. But what +would the satirical Pascal, the learned Nicole, and the +invincible Arnaud have said, if Father Antoine Escobar de +Valladolid had answered them thus: "A lease is a contract by +which real estate is bought, at a high price and on credit, to be +again sold, at the expiration of a certain time, to the same +person, at a lower price; only, to simplify the transaction, the +buyer is content to pay the difference between the first sale and +the second. Either deny the identity of the lease and the +contract Mohatra, and then I will annihilate you in a moment; +or, if you admit the similarity, admit also the soundness of my +doctrine: otherwise you proscribe both interest and rent at one +blow"? + +In reply to this overwhelming argument of the Jesuit, the sire of +Montalte would have sounded the tocsin, and would have shouted +that society was in peril,--that the Jesuits were sapping its +very foundations. + +We rob,--14. By commerce, when the profit of the merchant exceeds +his legitimate salary. + +Everybody knows the definition of commerce--THE ART OF BUYING +FOR THREE FRANCS THAT WHICH IS WORTH SIX, AND OF SELLING FOR SIX +THAT WHICH IS WORTH THREE. Between commerce thus defined and +_vol a l'americaine_, the only difference is in the relative +proportion of the values exchanged,--in short, in the amount of +the profit. + +We rob,--15. By making profit on our product, by accepting +sinecures, and by exacting exorbitant wages. + +The farmer, who sells a certain amount of corn to the consumer, +and who during the measurement thrusts his hand into the bushel +and takes out a handful of grains, robs; the professor, whose +lectures are paid for by the State, and who through the +intervention of a bookseller sells them to the public a second +time, robs; the sinecurist, who receives an enormous product in +exchange for his vanity, robs; the functionary, the laborer, +whatever he may be, who produces only one and gets paid four, one +hundred, or one thousand, robs; the publisher of this book, and +I, its author,--we rob, by charging for it twice as much as it is +worth. + +In recapitulation:-- + +Justice, after passing through the state of negative communism, +called by the ancient poets the AGE OF GOLD, commences as the +right of the strongest. In a society which is trying to organize +itself, inequality of faculties calls up the idea of merit; +equite suggests the plan of proportioning not only esteem, but +also material comforts, to personal merit; and since the highest +and almost the only merit then recognized is physical strength, +the strongest, {GREEK ` eg }, and consequently the best, {GREEK +` eg }, is entitled to the largest share; and if it is refused +him, he very naturally takes it by force. From this to the +assumption of the right of property in all things, it is but one +step. + +Such was justice in the heroic age, preserved, at least by +tradition, among the Greeks and Romans down to the last days of +their republics. Plato, in the "Gorgias," introduces a character +named Callicles, who spiritedly defends the right of the +strongest, which Socrates, the advocate of equality, {GREEK g + e }, seriously refutes. It is related of the great Pompey, +that he blushed easily, and, nevertheless, these words once +escaped his lips: "Why should I respect the laws, when I have +arms in my hand?" This shows him to have been a man in whom the +moral sense and ambition were struggling for the mastery, and who +sought to justify his violence by the motto of the hero and the +brigand. + +From the right of the strongest springs the exploitation of man +by man, or bondage; usury, or the tribute levied upon the +conquered by the conqueror; and the whole numerous family of +taxes, duties, monarchical prerogatives, house-rents, farm-rents, +&c.; in one word,--property. + +Force was followed by artifice, the second manifestation of +justice, which was detested by the ancient heroes, who, not +excelling in that direction, were heavy losers by it. Force was +still employed, but mental force instead of physical. Skill in +deceiving an enemy by treacherous propositions seemed deserving +of reward; nevertheless, the strong always prided themselves upon +their honesty. In those days, oaths were observed and promises +kept according to the letter rather than the spirit: _Uti lingua +nuncupassit, ita jus esto_,--"As the tongue has spoken, so must +the right be," says the law of the Twelve Tables. Artifice, or +rather perfidy, was the main element in the politics of ancient +Rome. Among other examples, Vico cites the following, also +quoted by Montesquieu: The Romans had guaranteed to the +Carthaginians the preservation of their goods and their CITY,-- +intentionally using the word civitas, that is, the society, the +State; the Carthaginians, on the contrary, understood them to +mean the material city, urbs, and accordingly began to rebuild +their walls. They were immediately attacked on account of their +violation of the treaty, by the Romans, who, acting upon the old +heroic idea of right, did not imagine that, in taking advantage +of an equivocation to surprise their enemies, they were waging +unjust war. + +From artifice sprang the profits of manufactures, commerce, and +banking, mercantile frauds, and pretensions which are honored +with the beautiful names of TALENT and GENIUS, but which +ought to be regarded as the last degree of knavery and deception; +and, finally, all sorts of social inequalities. + +In those forms of robbery which are prohibited by law, force and +artifice are employed alone and undisguised; in the authorized +forms, they conceal themselves within a useful product, which +they use as a tool to plunder their victim. + +The direct use of violence and stratagem was early and +universally condemned; but no nation has yet got rid of that kind +of robbery which acts through talent, labor, and possession, and +which is the source of all the dilemmas of casuistry and the +innumerable contradictions of jurisprudence. + +The right of force and the right of artifice--glorified by the +rhapsodists in the poems of the "Iliad" and the "Odyssey"-- +inspired the legislation of the Greeks and Romans, from which +they passed into our morals and codes. Christianity has not +changed at all. The Gospel should not be blamed, because the +priests, as stupid as the legists, have been unable either to +expound or to understand it. The ignorance of councils and popes +upon all questions of morality is equal to that of the market- +place and the money-changers; and it is this utter ignorance of +right, justice, and society, which is killing the Church, and +discrediting its teachings for ever. The infidelity of the Roman +church and other Christian churches is flagrant; all have +disregarded the precept of Jesus; all have erred in moral and +doctrinal points; all are guilty of teaching false and absurd +dogmas, which lead straight to wickedness and murder. Let it ask +pardon of God and men,--this church which called itself +infallible, and which has grown so corrupt in morals; let its +reformed sisters humble themselves, . . . and the people, +undeceived, but still religious and merciful, will begin to +think.[1] + +[1] "I preach the Gospel, I live by the Gospel," said the +Apostle; meaning thereby that he lived by his labor. The +Catholic clergy prefer to live by property. The struggles in the +communes of the middle ages between the priests and bishops and +the large proprietors and seigneurs are famous. The papal +excommunications fulminated in defence of ecclesiastical revenues +are no less so. Even to-day, the official organs of the Gallican +clergy still maintain that the pay received by the clergy is not +a salary, but an indemnity for goods of which they were once +proprietors, and which were taken from them in '89 by the Third +Estate. The clergy prefer to live by the right of increase +rather than by labor. + +One of the main causes of Ireland's poverty to-day is the immense +revenues of the English clergy. So heretics and orthodox-- +Protestants and Papists--cannot reproach each other. All have +strayed from the path of justice; all have disobeyed the eighth +commandment of the Decalogue: "Thou shalt not steal." + + + + +The development of right has followed the same order, in its +various expressions, that property has in its forms. Every where +we see justice driving robbery before it and confining it within +narrower and narrower limits. Hitherto the victories of justice +over injustice, and of equality over inequality, have been won by +instinct and the simple force of things; but the final triumph of +our social nature will be due to our reason, or else we shall +fall back into feudal chaos. Either this glorious height is +reserved for our intelligence, or this miserable depth for our +baseness. + +The second effect of property is despotism. Now, since despotism +is inseparably connected with the idea of legitimate authority, +in explaining the natural causes of the first, the principle of +the second will appear. + +What is to be the form of government in the future? hear some of +my younger readers reply: "Why, how can you ask such a question? + +You are a republican." "A republican! Yes; but that word +specifies nothing. _Res publica;_ that is, the public thing. +Now, whoever is interested in public affairs--no matter under +what form of government--may call himself a republican. Even +kings are republicans."-- + + +"Well! you are a democrat?"--"No."--"What! you would have a +monarchy."--"No."--"A constitutionalist?"--"God forbid!"--"You +are then an aristocrat?"--"Not at all."--"You want a mixed +government?"--"Still less."--"What are you, then?"--"I am an +anarchist." + +"Oh! I understand you; you speak satirically. This is a hit at +the government."--"By no means. I have just given you my serious +and well-considered profession of faith. Although a firm friend +of order, I am (in the full force of the term) an anarchist. +Listen to me." + + +In all species of sociable animals, "the weakness of the young is +the principle of their obedience to the old, who are strong; and +from habit, which is a kind of conscience with them, the power +remains with the oldest, although he finally becomes the weakest. + +Whenever the society is under the control of a chief, this chief +is almost always the oldest of the troop. I say almost always, +because the established order may be disturbed by violent +outbreaks. Then the authority passes to another; and, having +been re-established by force, it is again maintained by habit. +Wild horses go in herds: they have a chief who marches at their +head, whom they confidently follow, and who gives the signal for +flight or battle. + +"The sheep which we have raised follows us, but it follows in +company with the flock in the midst of which it was born. It +regards man AS THE CHIEF OF ITS FLOCK. . . . Man is regarded +by domestic animals as a member of theIr society. All that he +has to do is to get himself accepted by them as an associate: he +soon becomes their chief, in consequence of his superior +intelligence. He does not, then, change the NATURAL CONDITION +of these animals, as Buffon has said. On the contrary, he uses +this natural condition to his own advantage; in other words, he +finds SOCIABLE animals, and renders them DOMESTIC by becoming +their associate and chief. Thus, the DOMESTICITY of animals is +only a special condition, a simple modification, a definitive +consequence of their SOCIABILITY. All domestic animals are by +nature sociable animals." . . .--Flourens: Summary of the +Observations of F. Cuvier. + + +Sociable animals follow their chief by INSTINCT; but take +notice of the fact (which F. Cuvier omitted to state), that +the function of the chief is altogether one of +INTELLIGENCE. The chief does not teach the others to +associate, to unite under his lead, to reproduce their kind, to +take to flight, or to defend themselves. Concerning each of +these particulars, his subordinates are as well informed as he. +But it is the chief who, by his accumulated experience, provides +against accidents; he it is whose private intelligence +supplements, in difficult situations, the general instinct; he it +is who deliberates, decides, and leads; he it is, in short, whose +enlightened prudence regulates the public routine for the +greatest good of all. + +Man (naturally a sociable being) naturally follows a chief. +Originally, the chief is the father, the patriarch, the elder; in +other words, the good and wise man, whose functions, +consequently, are exclusively of a reflective and intellectual +nature. The human race--like all other races of sociable +animals--has its instincts, its innate faculties, its general +ideas, and its categories of sentiment and reason. Its chiefs, +legislators, or kings have devised nothing, supposed nothing, +imagined nothing. They have only guided society by their +accumulated experience, always however in conformity with +opinions and beliefs. + +Those philosophers who (carrying into morals and into history +their gloomy and factious whims) affirm that the human race had +originally neither chiefs nor kings, know nothing of the nature +of man. Royalty, and absolute royalty, is--as truly and more +truly than democracy--a primitive form of government. Perceiving +that, in the remotest ages, crowns and kingships were worn by +heroes, brigands, and knight-errants, they confound the two +things,--royalty and despotism. But royalty dates from the +creation of man; it existed in the age of negative communism. +Ancient heroism (and the despotism which it engendered) +commenced only with the first manifestation of the idea of +justice; that is, with the reign of force. As soon as the +strongest, in the comparison of merits, was decided to be the +best, the oldest had to abandon his position, and royalty became +despotic. + +The spontaneous, instinctive, and--so to speak--physiological +origin of royalty gives it, in the beginning, a superhuman +character. The nations connected it with the gods, from whom +they said the first kings descended. This notion was the origin +of the divine genealogies of royal families, the incarnations of +gods, and the messianic fables. From it sprang the doctrine of +divine right, which is still championed by a few singular +characters. + +Royalty was at first elective, because--at a time when man +produced but little and possessed nothing--property was too weak +to establish the principle of heredity, and secure to the son the +throne of his father; but as soon as fields were cleared, and +cities built, each function was, like every thing else, +appropriated, and hereditary kingships and priesthoods were the +result. The principle of heredity was carried into even the most +ordinary professions,--a circumstance which led to class +distinctions, pride of station, and abjection of the common +people, and which confirms my assertion, concerning the principle +of patrimonial succession, that it is a method suggested by +Nature of filling vacancies in business, and completing +unfinished tasks. + +From time to time, ambition caused usurpers, or SUPPLANTERS of +kings, to start up; and, in consequence, some were called kings +by right, or legitimate kings, and others TYRANTS. But we must +not let these names deceive us. There have been execrable kings, +and very tolerable tyrants. Royalty may always be good, when it +is the only possible form of government; legitimate it is +never. Neither heredity, nor election, nor universal suffrage, +nor the excellence of the sovereign, nor the consecration of +religion and of time, can make royalty legitimate. Whatever form +it takes,--monarchic, oligarchic, or democratic,--royalty, or the +government of man by man, is illegitimate and absurd. + +Man, in order to procure as speedily as possible the most +thorough satisfaction of his wants, seeks RULE. In the +beginning, this rule is to him living, visible, and tangible. It +is his father, his master, his king. The more ignorant man is, +the more obedient he is, and the more absolute is his confidence +in his guide. But, it being a law of man's nature to conform to +rule,--that is, to discover it by his powers of reflection and +reason,--man reasons upon the commands of his chiefs. Now, such +reasoning as that is a protest against authority,--a beginning of +disobedience. At the moment that man inquires into the motives +which govern the will of his sovereign,--at that moment man +revolts. If he obeys no longer because the king commands, but +because the king demonstrates the wisdom of his commands, it may +be said that henceforth he will recognize no authority, and that +he has become his own king. Unhappy he who shall dare to command +him, and shall offer, as his authority, only the vote of the +majority; for, sooner or later, the minority will become the +majority, and this imprudent despot will be overthrown, and all +his laws annihilated. + +In proportion as society becomes enlightened, royal authority +diminishes. That is a fact to which all history bears witness. +At the birth of nations, men reflect and reason in vain. Without +methods, without principles, not knowing how to use their reason, +they cannot judge of the justice of their conclusions. Then the +authority of kings is immense, no knowledge having been +acquired with which to contradict it. But, little by little, +experience produces habits, which develop into customs; then the +customs are formulated in maxims, laid down as principles,--in +short, transformed into laws, to which the king, the living law, +has to bow. There comes a time when customs and laws are so +numerous that the will of the prince is, so to speak, entwined by +the public will; and that, on taking the crown, he is obliged to +swear that he will govern in conformity with established customs +and usages; and that he is but the executive power of a society +whose laws are made independently of him. + +Up to this point, all is done instinctively, and, as it were, +unconsciously; but see where this movement must end. + +By means of self-instruction and the acquisition of ideas, man +finally acquires the idea of SCIENCE,--that is, of a system of +knowledge in harmony with the reality of things, and inferred +from observation. He searches for the science, or the system, of +inanimate bodies,--the system of organic bodies, the system of +the human mind, and the system of the universe: why should he not +also search for the system of society? But, having reached this +height, he comprehends that political truth, or the science of +politics, exists quite independently of the will of sovereigns, +the opinion of majorities, and popular beliefs,--that kings, +ministers, magistrates, and nations, as wills, have no connection +with the science, and are worthy of no consideration. He +comprehends, at the same time, that, if man is born a sociable +being, the authority of his father over him ceases on the day +when, his mind being formed and his education finished, he +becomes the associate of his father; that his true chief and his +king is the demonstrated truth; that politics is a science, not a +stratagem; and that the function of the legislator is reduced, in +the last analysis, to the methodical search for truth. + +Thus, in a given society, the authority of man over man is +inversely proportional to the stage of intellectual development +which that society has reached; and the probable duration of that +authority can be calculated from the more or less general desire +for a true government,--that is, for a scientific government. +And just as the right of force and the right of artifice retreat +before the steady advance of justice, and must finally be +extinguished in equality, so the sovereignty of the will yields +to the sovereignty of the reason, and must at last be lost in +scientific socialism. Property and royalty have been crumbling +to pieces ever since the world began. As man seeks justice in +equality, so society seeks order in anarchy. + +ANARCHY,--the absence of a master, of a sovereign,[1]--such is +the form of government to which we are every day approximating, +and which our accustomed habit of taking man for our rule, and +his will for law, leads us to regard as the height of disorder +and the expression of chaos. The story is told, that a citizen +of Paris in the seventeenth century having heard it said that in +Venice there was no king, the good man could not recover from his +astonishment, and nearly died from laughter at the mere mention +of so ridiculous a thing. So strong is our prejudice. As long +as we live, we want a chief or chiefs; and at this very moment I +hold in my hand a brochure, whose author--a zealous communist-- +dreams, like a second Marat, of the dictatorship. The most +advanced among us are those who wish the greatest possible number +of sovereigns,--their most ardent wish is for the royalty of the +National Guard. Soon, undoubtedly, some one, jealous +of the citizen militia, will say, "Everybody is king." But, +when he has spoken, I will say, in my turn, "Nobody is king; we +are, whether we will or no, associated." Every question of +domestic politics must be decided by departmental statistics; +every question of foreign politics is an affair of international +statistics. The science of government rightly belongs to one of +the sections of the Academy of Sciences, whose permanent +secretary is necessarily prime minister; and, since every citizen +may address a memoir to the Academy, every citizen is a +legislator. But, as the opinion of no one is of any value until +its truth has been proven, no one can substitute his will for +reason,--nobody is king. + +[1] The meaning ordinarily attached to the word "anarchy" is +absence of principle, absence of rule; consequently, it has been +regarded as synonymous with "disorder." + + + + +All questions of legislation and politics are matters of science, +not of opinion. The legislative power belongs only to the +reason, methodically recognized and demonstrated. To attribute +to any power whatever the right of veto or of sanction, is the +last degree of tyranny. Justice and legality are two things as +independent of our approval as is mathematical truth. To compel, +they need only to be known; to be known, they need only to be +considered and studied. What, then, is the nation, if it is not +the sovereign,--if it is not the source of the legislative power? + +The nation is the guardian of the law--the nation is the +EXECUTIVE POWER. Every citizen may assert: "This is true; +that is just; "but his opinion controls no one but himself. That +the truth which he proclaims may become a law, it must be +recognized. Now, what is it to recognize a law? It is to verify +a mathematical or a metaphysical calculation; it is to repeat an +experiment, to observe a phenomenon, to establish a fact. Only +the nation has the right to say, "Be it known and decreed." + +I confess that this is an overturning of received ideas, and that +I seem to be attempting to revolutionize our political +system; but I beg the reader to consider that, having begun +with a paradox, I must, if I reason correctly, meet with +paradoxes at every step, and must end with paradoxes. For the +rest, I do not see how the liberty of citizens would be +endangered by entrusting to their hands, instead of the pen of +the legislator, the sword of the law. The executive power, +belonging properly to the will, cannot be confided to too many +proxies. That is the true sovereignty of the nation.[1] + +[1] If such ideas are ever forced into the minds of the people, +it will be by representative government and the tyranny of +talkers. Once science, thought, and speech were characterized by +the same expression. To designate a thoughtful and a learned +man, they said, "a man quick to speak and powerful in discourse. +"For a long time, speech has been abstractly distinguished from +science and reason. Gradually, this abstraction is becoming +realized, as the logicians say, in society; so that we have to- +day savants of many kinds who talk but little, and TALKERS +who are not even savants in the science of speech. Thus a +philosopher is no longer a savant: he is a talker. Legislators +and poets were once profound and sublime characters: now they are +talkers. A talker is a sonorous bell, whom the least shock +suffices to set in perpetual motion. With the talker, the flow +of speech is always directly proportional to the poverty of +thought. Talkers govern the world; they stun us, they bore us, +they worry us, they suck our blood, and laugh at us. As for the +savants, they keep silence: if they wish to say a word, they +are cut short. Let them write. + + + + +The proprietor, the robber, the hero, the sovereign--for all +these titles are synonymous--imposes his will as law, and suffers +neither contradiction nor control; that is, he pretends to be the +legislative and the executive power at once. Accordingly, the +substitution of the scientific and true law for the royal will is +accomplished only by a terrible struggle; and this constant +substitution is, after property, the most potent element in +history, the most prolific source of political disturbances. +Examples are too numerous and too striking to require +enumeration. + +Now, property necessarily engenders despotism,--the government of +caprice, the reign of libidinous pleasure. That is so +clearly the essence of property that, to be convinced of it, +one need but remember what it is, and observe what happens around +him. Property is the right to USE and ABUSE. If, then, +government is economy,--if its object is production and +consumption, and the distribution of labor and products,--how is +government possible while property exists? And if goods are +property, why should not the proprietors be kings, and despotic +kings--kings in proportion to their _facultes bonitaires_? And +if each proprietor is sovereign lord within the sphere of his +property, absolute king throughout his own domain, how could a +government of proprietors be any thing but chaos and confusion? + + +% 3.--Determination of the third form of Society. Conclusion. + + +Then, no government, no public economy, no administration, is +possible, which is based upon property. + +Communism seeks EQUALITY and LAW. Property, born of the +sovereignty of the reason, and the sense of personal merit, +wishes above all things INDEPENDENCE and PROPORTIONALITY. + +But communism, mistaking uniformity for law, and levelism for +equality, becomes tyrannical and unjust. Property, by its +despotism and encroachments, soon proves itself oppressive and +anti-social. + +The objects of communism and property are good--their results are +bad. And why? Because both are exclusive, and each disregards +two elements of society. Communism rejects independence and +proportionality; property does not satisfy equality and law. + +Now, if we imagine a society based upon these four principles,-- +equality, law, independence, and proportionality,--we find:-- + +1. That EQUALITY, consisting only in EQUALITY OF CONDITIONS, +that is, OF MEANS, and not in EQUALITY OF COMFORT,-- +which it is the business of the laborers to achieve for +themselves, when provided with equal means,--in no way violates +justice and equite. + +2. That LAW, resulting from the knowledge of facts, and +consequently based upon necessity itself, never clashes with +independence. + +3. That individual INDEPENDENCE, or the autonomy of the private +reason, originating in the difference in talents and capacities, +can exist without danger within the limits of the law. + +4. That PROPORTIONALITY, being admitted only in the sphere of +intelligence and sentiment, and not as regards material objects, +may be observed without violating justice or social equality. + +This third form of society, the synthesis of communism and +property, we will call LIBERTY.[1] + +[1] _libertas, librare, libratio, libra_,--liberty, to liberate, +libration, balance (pound),--words which have a common +derivation. Liberty is the balance of rights and duties. To +make a man free is to balance him with others,--that is, to put +him or their level. + + + + +In determining the nature of liberty, we do not unite communism +and property indiscriminately; such a process would be absurd +eclecticism. We search by analysis for those elements in each +which are true, and in harmony with the laws of Nature and +society, disregarding the rest altogether; and the result gives +us an adequate expression of the natural form of human society,-- +in one word, liberty. + +Liberty is equality, because liberty exists only in society; and +in the absence of equality there is no society. + +Liberty is anarchy, because it does not admit the government of +the will, but only the authority of the law; that is, of +necessity. + +Liberty is infinite variety, because it respects all wills within +the limits of the law. + +Liberty is proportionality, because it allows the utmost latitude +to the ambition for merit, and the emulation of glory. + +We can now say, in the words of M. Cousin: "Our principle is +true; it is good, it is social; let us not fear to push it to its +ultimate." + +Man's social nature becoming JUSTICE through reflection, +EQUITE through the classification of capacities, and having +LIBERTY for its formula, is the true basis of morality,--the +principle and regulator of all our actions. This is the +universal motor, which philosophy is searching for, which +religion strengthens, which egotism supplants, and whose place +pure reason never can fill. DUTY and RIGHT are born of +NEED, which, when considered in connection with others, is a +RIGHT, and when considered in connection with ourselves, a +DUTY. + +We need to eat and sleep. It is our right to procure those +things which are necessary to rest and nourishment. It is our +duty to use them when Nature requires it. + +We need to labor in order to live. To do so is both our right +and our duty. + +We need to love our wives and children. It is our duty to +protect and support them. It is our right to be loved in +preference to all others. Conjugal fidelity is justice. +Adultery is high treason against society. + +We need to exchange our products for other products. It is our +right that this exchange should be one of equivalents; and since +we consume before we produce, it would be our duty, if we could +control the matter, to see to it that our last product shall +follow our last consumption. Suicide is fraudulent bankruptcy. + +We need to live our lives according to the dictates of our +reason. It is our right to maintain our freedom. It is our duty +to respect that of others. + +We need to be appreciated by our fellows. It is our duty to +deserve their praise. It is our right to be judged by our works. + +Liberty is not opposed to the rights of succession and bequest. +It contents itself with preventing violations of equality. +"Choose," it tells us, "between two legacies, but do not take +them both." All our legislation concerning transmissions, +entailments, adoptions, and, if I may venture to use such a word, +COADJUTORERIES, requires remodelling. + +Liberty favors emulation, instead of destroying it. In social +equality, emulation consists in accomplishing under like +conditions; it is its own reward. No one suffers by the victory. + +Liberty applauds self-sacrifice, and honors it with its votes, +but it can dispense with it. Justice alone suffices to maintain +the social equilibrium. Self-sacrifice is an act of +supererogation. Happy, however, the man who can say, "I +sacrifice myself."[1] + +[1] In a monthly publication, the first number of which has just +appeared under the name of "L'Egalitaire," self-sacrifice is laid +down as a principle of equality. This is a confusion of ideas. +Self-sacrifice, taken alone, is the last degree of inequality. +To seek equality in self-sacrifice is to confess that equality is +against nature. Equality must be based upon justice, upon strict +right, upon the principles invoked by the proprietor himself; +otherwise it will never exist. Self-sacrifice is superior to +justice; but it cannot be imposed as law, because it is of such a +nature as to admit of no reward. It is, indeed, desirable that +everybody shall recognize the necessity of self-sacrifice, and +the idea of "L'Egalitaire" is an excellent example. +Unfortunately, it can have no effect. What would you reply, +indeed, to a man who should say to you, "I do not want to +sacrifice myself"? Is he to be compelled to do so? When self- +sacrifice is forced, it becomes oppression, slavery, the +exploitation of man by man. Thus have the proletaires sacrificed +themselves to property. + + + + +Liberty is essentially an organizing force. To insure equality +between men and peace among nations, agriculture and industry, +and the centres of education, business, and storage, must be +distributed according to the climate and the geographical +position of the country, the nature of the products, the +character and natural talents of the inhabitants, &c., in +proportions so just, so wise, so harmonious, that in no place +shall there ever be either an excess or a lack of population, +consumption, and products. There commences the science of public +and private right, the true political economy. It is for the +writers on jurisprudence, henceforth unembarrassed by the false +principle of property, to describe the new laws, and bring peace +upon earth. Knowledge and genius they do not lack; the +foundation is now laid for them.[1] + +[1] The disciples of Fourier have long seemed to me the most +advanced of all modern socialists, and almost the only ones +worthy of the name. If they had understood the nature of their +task, spoken to the people, awakened their sympathies, and kept +silence when they did not understand; if they had made less +extravagant pretensions, and had shown more respect for public +intelligence,--perhaps the reform would now, thanks to them, be +in progress. But why are these earnest reformers continually +bowing to power and wealth,--that is, to all that is anti- +reformatory? How, in a thinking age, can they fail to see that +the world must be converted by DEMONSTRATION, not by myths and +allegories? Why do they, the deadly enemies of civilization, +borrow from it, nevertheless, its most pernicious fruits,-- +property, inequality of fortune and rank, gluttony, concubinage, +prostitution, what do I know? theurgy, magic, and sorcery? Why +these endless denunciations of morality, metaphysics, and +psychology, when the abuse of these sciences, which they do not +understand, constitutes their whole system? Why this mania for +deifying a man whose principal merit consisted in talking +nonsense about things whose names, even, he did not know, in the +strongest language ever put upon paper? Whoever admits the +infallibility of a man becomes thereby incapable of instructing +others. Whoever denies his own reason will soon proscribe free +thought. The phalansterians would not fail to do it if they had +the power. Let them condescend to reason, let them proceed +systematically, let them give us demonstrations instead of +revelations, and we will listen willingly. Then let them +organize manufactures, agriculture, and commerce; let them make +labor attractive, and the most humble functions honorable, and +our praise shall be theirs. Above all, let them throw off that +Illuminism which gives them the appearance of impostors or dupes, +rather than believers and apostles. + + + + + +I have accomplished my task; property is conquered, never again +to arise. Wherever this work is read and discussed, there will +be deposited the germ of death to property; there, sooner or +later, privilege and servitude will disappear, and the despotism +of will will give place to the reign of reason. What sophisms, +indeed, what prejudices (however obstinate) can stand before the +simplicity of the following propositions:-- + +I. Individual POSSESSION[1] is the condition of social life; +five thousand years of property demonstrate it. PROPERTY is +the suicide of society. Possession is a right; property is +against right. Suppress property while maintaining possession, +and, by this simple modification of the principle, you will +revolutionize law, government, economy, and institutions; you +will drive evil from the face of the earth. + +[1] Individual possession is no obstacle to extensive +cultivation and unity of exploitation. If I have not spoken of +the drawbacks arising from small estates, it is because I thought +it useless to repeat what so many others have said, and what by +this time all the world must know. But I am surprised that the +economists, who have so clearly shown the disadvantages of spade- +husbandry, have failed to see that it is caused entirely by +property; above all, that they have not perceived that their plan +for mobilizing the soil is a first step towards the abolition of +property. + + + + +II. All having an equal right of occupancy, possession varies +with the number of possessors; property cannot establish itself. + +III. The effect of labor being the same for all, property is lost +in the common prosperity. + +IV. All human labor being the result of collective force, all +property becomes, in consequence, collective and unitary. To +speak more exactly, labor destroys property. + +V. Every capacity for labor being, like every instrument of +labor, an accumulated capital, and a collective property, +inequality of wages and fortunes (on the ground of inequality of +capacities) is, therefore, injustice and robbery. + +VI. The necessary conditions of commerce are the liberty of the +contracting parties and the equivalence of the products +exchanged. Now, value being expressed by the amount of time and +outlay which each product costs, and liberty being inviolable, +the wages of laborers (like their rights and duties) should be +equal. + +VII. Products are bought only by products. Now, the condition of +all exchange being equivalence of products, profit is impossible +and unjust. Observe this elementary principle of economy, and +pauperism, luxury, oppression, vice, crime, and hunger will +disappear from our midst. + +VIII. Men are associated by the physical and mathematical law of +production, before they are voluntarily associated by choice. +Therefore, equality of conditions is demanded by justice; that +is, by strict social law: esteem, friendship, gratitude, +admiration, all fall within the domain of EQUITABLE or +PROPORTIONAL law only. + +IX. Free association, liberty--whose sole function is to maintain +equality in the means of production and equivalence in +exchanges--is the only possible, the only just, the only true +form of society. + +X. Politics is the science of liberty. The government of man by +man (under whatever name it be disguised) is oppression. Society +finds its highest perfection in the union of order with anarchy. + +The old civilization has run its race; a new sun is rising, and +will soon renew the face of the earth. Let the present +generation perish, let the old prevaricators die in the desert! +the holy earth shall not cover their bones. Young man, +exasperated by the corruption of the age, and absorbed in your +zeal for justice!--if your country is dear to you, and if you +have the interests of humanity at heart, have the courage to +espouse the cause of liberty! Cast off your old selfishness, and +plunge into the rising flood of popular equality! There your +regenerate soul will acquire new life and vigor; your enervated +genius will recover unconquerable energy; and your heart, perhaps +already withered, will be rejuvenated! Every thing will wear a +different look to your illuminated vision; new sentiments will +engender new ideas within you; religion, morality, poetry, art, +language will appear before you in nobler and fairer forms; and +thenceforth, sure of your faith, and thoughtfully enthusiastic, +you will hail the dawn of universal regeneration! + +And you, sad victims of an odious law!--you, whom a jesting world +despoils and outrages!--you, whose labor has always been +fruitless, and whose rest has been without hope,--take courage! +your tears are numbered! The fathers have sown in affliction, +the children shall reap in rejoicings! + +O God of liberty! God of equality! Thou who didst place in my +heart the sentiment of justice, before my reason could comprehend +it, hear my ardent prayer! Thou hast dictated all that I have +written; Thou hast shaped my thought; Thou hast directed my +studies; Thou hast weaned my mind from curiosity and my heart +from attachment, that I might publish Thy truth to the master and +the slave. I have spoken with what force and talent Thou hast +given me: it is Thine to finish the work. Thou knowest whether I +seek my welfare or Thy glory, O God of liberty! Ah! perish my +memory, and let humanity be free! Let me see from my obscurity +the people at last instructed; let noble teachers enlighten them; +let generous spirits guide them! Abridge, if possible, the +time of our trial; stifle pride and avarice in equality; +annihilate this love of glory which enslaves us; teach these poor +children that in the bosom of liberty there are neither heroes +nor great men! Inspire the powerful man, the rich man, him whose +name my lips shall never pronounce in Thy presence, with a horror +of his crimes; let him be the first to apply for admission to the +redeemed society; let the promptness of his repentance be the +ground of his forgiveness! Then, great and small, wise and +foolish, rich and poor, will unite in an ineffable fraternity; +and, singing in unison a new hymn, will rebuild Thy altar, O God +of liberty and equality! + + +END OF FIRST MEMOIR. + + + + +WHAT IS PROPERTY? + +SECOND MEMOIR + +A LETTER TO M. BLANQUI. + + + +WHAT IS PROPERTY? + +A LETTER TO M. BLANQUI. + +SECOND MEMOIR. + + PARIS, April 1, 1841. +MONSIEUR,-- +Before resuming my "Inquiries into Government and Property," it +is fitting, for the satisfaction of some worthy people, and also +in the interest of order, that I should make to you a plain, +straightforward explanation. In a much-governed State, no one +would be allowed to attack the external form of the society, and +the groundwork of its institutions, until he had established his +right to do so,--first, by his morality; second, by his capacity; +and, third, by the purity of his intentions. Any one who, +wishing to publish a treatise upon the constitution of the +country, could not satisfy this threefold condition, would be +obliged to procure the endorsement of a responsible patron +possessing the requisite qualifications. + +But we Frenchmen have the liberty of the press. This grand +right--the sword of thought, which elevates the virtuous citizen +to the rank of legislator, and makes the malicious citizen an +agent of discord--frees us from all preliminary responsibility to +the law; but it does not release us from our internal obligation +to render a public account of our sentiments and thoughts. I +have used, in all its fulness, and concerning an important +question, the right which the charter grants us. I come to-day, +sir, to submit my conscience to your judgment, and my feeble +insight to your discriminating reason. You have criticised in a +kindly spirit--I had almost said with partiality for the writer-- +a work which teaches a doctrine that you thought it your duty to +condemn. "The Academy of Moral and Political Sciences," said you +in your report, "can accept the conclusions of the author only as +far as it likes." I venture to hope, sir, that, after you have +read this letter, if your prudence still restrains you, your +fairness will induce you to do me justice. + +MEN, EQUAL IN THE DIGNITY OF THEIR PERSONS AND EQUAL BEFORE THE +LAW, SHOULD BE EQUAL IN THEIR CONDITIONS,--such is the thesis +which I maintained and developed in a memoir bearing the title, +"What is Property? or, An Inquiry into the Principle of Right and +of Government." + +The idea of social equality, even in individual fortunes, has in +all ages besieged, like a vague presentiment, the human +imagination. Poets have sung of it in their hymns; philosophers +have dreamed of it in their Utopias; priests teach it, but only +for the spiritual world. The people, governed by it, never have +had faith in it; and the civil power is never more disturbed than +by the fables of the age of gold and the reign of Astrea. A year +ago, however, this idea received a scientific demonstration, +which has not yet been satisfactorily answered, and, permit me to +add, never will be. This demonstration, owing to its slightly +impassioned style, its method of reasoning,--which was so at +variance with that employed by the generally recognized +authorities,--and the importance and novelty of its conclusions, +was of a nature to cause some alarm; and might have been +dangerous, had it not been--as you, sir, so well said--a sealed +letter, so far as the general public was concerned, +addressed only to men of intelligence. I was glad to see that +through its metaphysical dress you recognized the wise foresight +of the author; and I thank you for it. May God grant that my +intentions, which are wholly peaceful, may never be charged upon +me as treasonable! + +Like a stone thrown into a mass of serpents, the First Memoir on +Property excited intense animosity, and aroused the passions of +many. But, while some wished the author and his work to be +publicly denounced, others found in them simply the solution of +the fundamental problems of society; a few even basing evil +speculations upon the new light which they had obtained. It was +not to be expected that a system of inductions abstractly +gathered together, and still more abstractly expressed, would be +understood with equal accuracy in its ensemble and in each of +its parts. + +To find the law of equality, no longer in charity and self- +sacrifice (which are not binding in their nature), but in +justice; to base equality of functions upon equality of persons; +to determine the absolute principle of exchange; to neutralize +the inequality of individual faculties by collective force; to +establish an equation between property and robbery; to change the +law of succession without destroying the principle; to maintain +the human personality in a system of absolute association, and to +save liberty from the chains of communism; to synthetize the +monarchical and democratic forms of government; to reverse the +division of powers; to give the executive power to the nation, +and to make legislation a positive, fixed, and absolute +science,--what a series of paradoxes! what a string of delusions! +if I may not say, what a chain of truths! But it is not my +purpose here to pass upon the theory of the right of possession. +I discuss no dogmas. My only object is to justify my views, and +to show that, in writing as I did, I not only exercised a +right, but performed a duty. + +Yes, I have attacked property, and shall attack it again; but, +sir, before demanding that I shall make the amende honorable +for having obeyed my conscience and spoken the exact truth, +condescend, I beg of you, to cast a glance at the events which +are happening around us; look at our deputies, our magistrates, +our philosophers, our ministers, our professors, and our +publicists; examine their methods of dealing with the matter of +property; count up with me the restrictions placed upon it every +day in the name of the public welfare; measure the breaches +already made; estimate those which society thinks of making +hereafter; add the ideas concerning property held by all theories +in common; interrogate history, and then tell me what will be +left, half a century hence, of this old right of property; and, +thus perceiving that I have so many accomplices, you will +immediately declare me innocent. + +What is the law of expropriation on the ground of public utility, +which everybody favors, and which is even thought too lenient?[1] + +[1] In the Chamber of Deputies, during the session of the fifth +of January, 1841, M. Dufaure moved to renew the expropriation +bill, on the ground of public utility. + + + + +A flagrant violation of the right of property. Society +indemnifies, it is said, the dispossessed proprietor; but does it +return to him the traditional associations, the poetic charm, and +the family pride which accompany property? Naboth, and the +miller of Sans-Souci, would have protested against French law, as +they protested against the caprice of their kings. "It is the +field of our fathers," they would have cried, "and we will not +sell it!" Among the ancients, the refusal of the individual +limited the powers of the State. The Roman law bowed to the will +of the citizen, and an emperor--Commodus, if I remember +rightly--abandoned the project of enlarging the forum out of +respect for the rights of the occupants who refused to abdicate. +Property is a real right, _jus_ _in re_,--a right inherent in the +thing, and whose principle lies in the external manifestation of +man's will. Man leaves his imprint, stamps his character, upon +the objects of his handiwork. This plastic force of man, as the +modern jurists say, is the seal which, set upon matter, makes it +holy. Whoever lays hands upon it, against the proprietor's will, +does violence to the latter's personality. And yet, when an +administrative committee saw fit to declare that public utility +required it, property had to give way to the general will. Soon, +in the name of public utility, methods of cultivation and +conditions of enjoyment will be prescribed; inspectors of +agriculture and manufactures will be appointed; property will be +taken away from unskilful hands, and entrusted to laborers who +are more deserving of it; and a general superintendence of +production will be established. It is not two years since I saw +a proprietor destroy a forest more than five hundred acres in +extent. If public utility had interfered, that forest--the only +one for miles around--would still be standing. + +But, it is said, expropriation on the ground of public utility is +only an exception which confirms the principle, and bears +testimony in favor of the right. Very well; but from this +exception we will pass to another, from that to a third, and so +on from exceptions to exceptions, until we have reduced the rule +to a pure abstraction. + +How many supporters do you think, sir, can be claimed for the +project of the conversion of the public funds? I venture to say +that everybody favors it, except the fund-holders. Now, +this so-called conversion is an extensive expropriation, and in +this case with no indemnity whatever. The public funds are so +much real estate, the income from which the proprietor counts +upon with perfect safety, and which owes its value to the tacit +promise of the government to pay interest upon it at the +established rate, until the fund-holder applies for redemption. +For, if the income is liable to diminution, it is less profitable +than house-rent or farm-rent, whose rates may rise or fall +according to the fluctuations in the market; and in that case, +what inducement has the capitalist to invest his money in the +State? When, then, you force the fund-holder to submit to a +diminution of interest, you make him bankrupt to the extent of +the diminution; and since, in consequence of the conversion, an +equally profitable investment becomes impossible, you depreciate +his property. + +That such a measure may be justly executed, it must be +generalized; that is, the law which provides for it must decree +also that interest on sums lent on deposit or on mortgage +throughout the realm, as well as house and farm-rents, shall be +reduced to three per cent. This simultaneous reduction of all +kinds of income would be not a whit more difficult to accomplish +than the proposed conversion; and, further, it would offer the +advantage of forestalling at one blow all objections to it, at +the same time that it would insure a just assessment of the land- +tax. See! If at the moment of conversion a piece of real estate +yields an income of one thousand francs, after the new law takes +effect it will yield only six hundred francs. Now, allowing the +tax to be an aliquot part--one-fourth for example--of the income +derived from each piece of property, it is clear on the one hand +that the proprietor would not, in order to lighten his share of +the tax, underestimate the value of his property; since, house +and farm-rents being fixed by the value of the capital, and +the latter being measured by the tax, to depreciate his real +estate would be to reduce his revenue. On the other hand, it is +equally evident that the same proprietors could not overestimate +the value of their property, in order to increase their incomes +beyond the limits of the law, since the tenants and farmers, with +their old leases in their hands, would enter a protest. + +Such, sir, must be the result sooner or later of the conversion +which has been so long demanded; otherwise, the financial +operation of which we are speaking would be a crying injustice, +unless intended as a stepping-stone. This last motive seems the +most plausible one; for in spite of the clamors of interested +parties, and the flagrant violation of certain rights, the public +conscience is bound to fulfil its desire, and is no more affected +when charged with attacking property, than when listening to the +complaints of the bondholders. In this case, instinctive justice +belies legal justice. + +Who has not heard of the inextricable confusion into which the +Chamber of Deputies was thrown last year, while discussing the +question of colonial and native sugars? Did they leave these two +industries to themselves? The native manufacturer was ruined by +the colonist. To maintain the beet-root, the cane had to be +taxed. To protect the property of the one, it became necessary +to violate the property of the other. The most remarkable +feature of this business was precisely that to which the least +attention was paid; namely, that, in one way or another, property +had to be violated. Did they impose on each industry a +proportional tax, so as to preserve a balance in the market? +They created a maximum PRICE for each variety of sugar; and, as +this maximum PRICE was not the same, they attacked property in +two ways,--on the one hand, interfering with the liberty of +trade; on the other, disregarding the equality of proprietors. +Did they suppress the beet-root by granting an indemnity to the +manufacturer? They sacrificed the property of the tax-payer. +Finally, did they prefer to cultivate the two varieties of sugar +at the nation's expense, just as different varieties of tobacco +are cultivated? They abolished, so far as the sugar industry was +concerned, the right of property. This last course, being the +most social, would have been certainly the best; but, if property +is the necessary basis of civilization, how is this deep-seated +antagonism to be explained?[1] + +[1] "What is Property?" Chap. IV., Ninth Proposition. + + + + +Not satisfied with the power of dispossessing a citizen on the +ground of public utility, they want also to dispossess him on the +ground of PRIVATE UTILITY. For a long time, a revision of the +law concerning mortgages was clamored for; a process was +demanded, in behalf of all kinds of credit and in the interest of +even the debtors themselves, which would render the expropriation +of real estate as prompt, as easy, and as effective as that which +follows a commercial protest. The Chamber of Deputies, in the +early part of this year, 1841, discussed this project, and the +law was passed almost unanimously. There is nothing more just, +nothing more reasonable, nothing more philosophical apparently, +than the motives which gave rise to this reform. + +I. Formerly, the small proprietor whose obligation had arrived at +maturity, and who found himself unable to meet it, had to employ +all that he had left, after being released from his debt, in +defraying the legal costs. Henceforth, the promptness of +expropriation will save him from total ruin. 2. The difficulties +in the way of payment arrested credit, and prevented the +employment of capital in agricultural enterprises. This cause of +distrust no longer existing, capitalists will find new markets, +agriculture will rapidly develop, and farmers will be the first +to enjoy the benefit of the new law. 3. Finally, it was +iniquitous and absurd, that, on account of a protested note, a +poor manufacturer should see in twenty-four hours his business +arrested, his labor suspended, his merchandise seized, his +machinery sold at auction, and finally himself led off to prison, +while two years were sometimes necessary to expropriate the most +miserable piece of real estate. + +These arguments, and others besides, you clearly stated, sir, in +your first lectures of this academic year. + +But, when stating these excellent arguments, did you ask +yourself, sir, whither would tend such a transformation of our +system of mortgages? . . . To monetize, if I may say so, landed +property; to accumulate it within portfolios; to separate the +laborer from the soil, man from Nature; to make him a wanderer +over the face of the earth; to eradicate from his heart every +trace of family feeling, national pride, and love of country; to +isolate him more and more; to render him indifferent to all +around him; to concentrate his love upon one object,--money; and, +finally, by the dishonest practices of usury, to monopolize the +land to the profit of a financial aristocracy,--a worthy +auxiliary of that industrial feudality whose pernicious influence +we begin to feel so bitterly. Thus, little by little, the +subordination of the laborer to the idler, the restoration of +abolished castes, and the distinction between patrician and +plebeian, would be effected; thus, thanks to the new privileges +granted to the property of the capitalists, that of the small and +intermediate proprietors would gradually disappear, and with it +the whole class of free and honest laborers. This certainly is +not my plan for the abolition of property. Far from +mobilizing the soil, I would, if possible, immobilize even the +functions of pure intelligence, so that society might be the +fulfilment of the intentions of Nature, who gave us our first +possession, the land. For, if the instrument or capital of +production is the mark of the laborer, it is also his pedestal, +his support, his country, and, as the Psalmist says, THE PLACE +OF HIS ACTIVITY AND HIS REST.[1] + +[1] _Tu cognovisti sessionem meam et resurrectionem meam_. +Psalm 139. + + + + +Let us examine more closely still the inevitable and approaching +result of the last law concerning judicial sales and mortgages. +Under the system of competition which is killing us, and whose +necessary expression is a plundering and tyrannical government, +the farmer will need always capital in order to repair his +losses, and will be forced to contract loans. Always depending +upon the future for the payment of his debts, he will be deceived +in his hope, and surprised by maturity. For what is there more +prompt, more unexpected, more abbreviatory of space and time, +than the maturity of an obligation? I address this question to +all whom this pitiless Nemesis pursues, and even troubles in +their dreams. Now, under the new law, the expropriation of a +debtor will be effected a hundred times more rapidly; then, also, +spoliation will be a hundred times surer, and the free laborer +will pass a hundred times sooner from his present condition to +that of a serf attached to the soil. Formerly, the length of +time required to effect the seizure curbed the usurer's avidity, +gave the borrower an opportunity to recover himself, and gave +rise to a transaction between him and his creditor which might +result finally in a complete release. Now, the debtor's sentence +is irrevocable: he has but a few days of grace. + +And what advantages are promised by this law as an offset +to this sword of Damocles, suspended by a single hair over +the head of the unfortunate husbandman? The expenses of seizure +will be much less, it is said; but will the interest on the +borrowed capital be less exorbitant? For, after all, it is +interest which impoverishes the peasant and leads to his +expropriation. That the law may be in harmony with its +principle, that it may be truly inspired by that spirit of +justice for which it is commended, it must--while facilitating +expropriation--lower the legal price of money. Otherwise, the +reform concerning mortgages is but a trap set for small +proprietors,--a legislative trick. + +Lower interest on money! But, as we have just seen, that is to +limit property. Here, sir, you shall make your own defence. +More than once, in your learned lectures, I have heard you +deplore the precipitancy of the Chambers, who, without previous +study and without profound knowledge of the subject, voted almost +unanimously to maintain the statutes and privileges of the Bank. +Now these privileges, these statutes, this vote of the Chambers, +mean simply this,--that the market price of specie, at five or +six per cent., is not too high, and that the conditions of +exchange, discount, and circulation, which generally double this +interest, are none too severe. So the government thinks. M. +Blanqui--a professor of political economy, paid by the State-- +maintains the contrary, and pretends to demonstrate, by decisive +arguments, the necessity of a reform. Who, then, best +understands the interests of property,--the State, or M. Blanqui? + +If specie could be borrowed at half the present rate, the +revenues from all sorts of property would soon be reduced one- +half also. For example: when it costs less to build a house than +to hire one, when it is cheaper to clear a field than to procure +one already cleared, competition inevitably leads to a +reduction of house and farm-rents, since the surest way to +depreciate active capital is to increase its amount. But it is a +law of political economy that an increase of production augments +the mass of available capital, consequently tends to raise wages, +and finally to annihilate interest. Then, proprietors are +interested in maintaining the statutes and privileges of the +Bank; then, a reform in this matter would compromise the right of +increase; then, the peers and deputies are better informed than +Professor Blanqui. + +But these same deputies,--so jealous of their privileges whenever +the equalizing effects of a reform are within their intellectual +horizon,--what did they do a few days before they passed the law +concerning judicial sales? They formed a conspiracy against +property! Their law to regulate the labor of children in +factories will, without doubt, prevent the manufacturer from +compelling a child to labor more than so many hours a day; but it +will not force him to increase the pay of the child, nor that of +its father. To-day, in the interest of health, we diminish the +subsistence of the poor; to-morrow it will be necessary to +protect them by fixing their MINIMUM wages. But to fix their +minimum wages is to compel the proprietor, is to force the master +to accept his workman as an associate, which interferes with +freedom and makes mutual insurance obligatory. Once entered upon +this path, we never shall stop. Little by little the government +will become manufacturer, commission-merchant, and retail dealer. + +It will be the sole proprietor. Why, at all epochs, have the +ministers of State been so reluctant to meddle with the question +of wages? Why have they always refused to interfere between the +master and the workman? Because they knew the touchy and jealous +nature of property, and, regarding it as the principle of all +civilization, felt that to meddle with it would be to +unsettle the very foundations of society. Sad condition of the +proprietary regime,--one of inability to exercise charity +without violating justice![1] + +[1] The emperor Nicholas has just compelled all the +manufacturers in his empire to maintain, at their own expense, +within their establishments, small hospitals for the reception of +sick workmen,--the number of beds in each being proportional to +the number of laborers in the factory. "You profit by man's +labor," the Czar could have said to his proprietors; "you shall +be responsible for man's life." M. Blanqui has said that such a +measure could not succeed in France. It would be an attack upon +property,--a thing hardly conceivable even in Russia, Scythia, or +among the Cossacks; but among us, the oldest sons of +civilization! . . . I fear very much that this quality of age +may prove in the end a mark of decrepitude. + + + + +And, sir, this fatal consequence which necessity forces upon the +State is no mere imagination. Even now the legislative power is +asked, no longer simply to regulate the government of factories, +but to create factories itself. Listen to the millions of voices +shouting on all hands for THE ORGANISATION OF LABOR, THE +CREATION OF NATIONAL WORKSHOPS! The whole laboring class is +agitated: it has its journals, organs, and representatives. To +guarantee labor to the workingman, to balance production with +sale, to harmonize industrial proprietors, it advocates to-day-- +as a sovereign remedy--one sole head, one national wardenship, +one huge manufacturing company. For, sir, all this is included +in the idea of national workshops. On this subject I wish to +quote, as proof, the views of an illustrious economist, a +brilliant mind, a progressive intellect, an enthusiastic soul, a +true patriot, and yet an official defender of the right of +property.[1] + +[1] Course of M. Blanqui. Lecture of Nov. 27,1840. + + + + +The honorable professor of the Conservatory proposes then,-- + +1. TO CHECK THE CONTINUAL EMIGRATION OF LABORERS FROM THE +COUNTRY INTO THE CITIES. + +But, to keep the peasant in his village, his residence there must +be made endurable: to be just to all, the proletaire of the +country must be treated as well as the proletaire of the city. +Reform is needed, then, on farms as well as in factories; and, +when the government enters the workshop, the government must +seize the plough! What becomes, during this progressive +invasion, of independent cultivation, exclusive domain, property? + +2. TO FIX FOR EACH PROFESSION A MODERATE SALARY, VARYING WITH +TIME AND PLACE AND BASED UPON CERTAIN DATA. + +The object of this measure would be to secure to laborers their +subsistence, and to proprietors their profits, while obliging the +latter to sacrifice from motives of prudence, if for no other +reason, a portion of their income. Now, I say, that this +portion, in the long run, would swell until at last there would +be an equality of enjoyment between the proletaire and the +proprietor. For, as we have had occasion to remark several times +already, the interest of the capitalist--in other words the +increase of the idler--tends, on account of the power of labor, +the multiplication of products and exchanges, to continually +diminish, and, by constant reduction, to disappear. So that, in +the society proposed by M. Blanqui, equality would not be +realized at first, but would exist potentially; since property, +though outwardly seeming to be industrial feudality, being no +longer a principle of exclusion and encroachment, but only a +privilege of division, would not be slow, thanks to the +intellectual and political emancipation of the proletariat, in +passing into absolute equality,--as absolute at least as any +thing can be on this earth. + +I omit, for the sake of brevity, the numerous considerations +which the professor adduces in support of what he calls, too +modestly in my opinion, his Utopia. They would serve only +to prove beyond all question that, of all the charlatans of +radicalism who fatigue the public ear, no one approaches, for +depth and clearness of thought, the audacious M. Blanqui. + +3. NATIONAL WORKSHOPS SHOULD BE IN OPERATION ONLY DURING PERIODS +OF STAGNATION IN ORDINARY INDUSTRIES; AT SUCH TIMES THEY SHOULD +BE OPENED AS VAST OUTLETS TO THE FLOOD OF THE LABORING +POPULATION. + +But, sir, the stoppage of private industry is the result of over- +production, and insufficient markets. If, then, production +continues in the national workshops, how will the crisis be +terminated? Undoubtedly, by the general depreciation of +merchandise, and, in the last analysis, by the conversion of +private workshops into national workshops. On the other hand, +the government will need capital with which to pay its workmen; +now, how will this capital be obtained? By taxation. And upon +what will the tax be levied? Upon property. Then you will have +proprietary industry sustaining against itself, and at its own +expense, another industry with which it cannot compete. What, +think you, will become, in this fatal circle, of the possibility +of profit,--in a word, of property? + +Thank Heaven! equality of conditions is taught in the public +schools; let us fear revolutions no longer. The most implacable +enemy of property could not, if he wished to destroy it, go to +work in a wiser and more effective way. Courage, then, +ministers, deputies, economists! make haste to seize this +glorious initiative; let the watchwords of equality, uttered from +the heights of science and power, be repeated in the midst of the +people; let them thrill the breasts of the proletaires, and carry +dismay into the ranks of the last representatives of privilege! + +The tendency of society in favor of compelling proprietors +to support national workshops and public manufactories is so +strong that for several years, under the name of ELECTORAL +REFORM, it has been exclusively the question of the day. What +is, after all, this electoral reform which the people grasp at, +as if it were a bait, and which so many ambitious persons either +call for or denounce? It is the acknowledgment of the right of +the masses to a voice in the assessment of taxes, and the making +of the laws; which laws, aiming always at the protection of +material interests, affect, in a greater or less degree, all +questions of taxation or wages. Now the people, instructed long +since by their journals, their dramas,[1] and their songs,[2] +know to-day that taxation, to be equitably divided, must be +graduated, and must be borne mainly by the rich,--that it must be +levied upon luxuries, &c. And be sure that the people, once in +the majority in the Chamber, will not fail to apply these +lessons. Already we have a minister of public works. National +workshops will follow; and soon, as a consequence, the excess of +the proprietor's revenue over the workingman's wages will be +swallowed up in the coffers of the laborers of the State. Do you +not see that in this way property is gradually reduced, as +nobility was formerly, to a nominal title, to a distinction +purely honorary in its nature? + +[1] In "Mazaniello," the Neapolitan fisherman demands, amid the +applause of the galleries, that a tax be levied upon luxuries. + + [2] _Seme le champ, proletaire; + C'est l l'oisif qui recoltera_. + + + + +Either the electoral reform will fail to accomplish that which is +hoped from it, and will disappoint its innumerable partisans, or +else it will inevitably result in a transformation of the +absolute right under which we live into a right of possession; +that is, that while, at present, property makes the elector, +after this reform is accomplished, the citizen, the +producer will be the possessor.[1] Consequently, the radicals +are right in saying that the electoral reform is in their eyes +only a means; but, when they are silent as to the end, they show +either profound ignorance, or useless dissimulation. There +should be no secrets or reservations from peoples and powers. He +disgraces himself and fails in respect for his fellows, who, in +publishing his opinions, employs evasion and cunning. Before the +people act, they need to know the whole truth. Unhappy he who +shall dare to trifle with them! For the people are credulous, +but they are strong. Let us tell them, then, that this reform +which is proposed is only a means,--a means often tried, and +hitherto without effect,--but that the logical object of the +electoral reform is equality of fortunes; and that this equality +itself is only a new means having in view the superior and +definitive object of the salvation of society, the restoration of +morals and religion, and the revival of poetry and art. + +[1] "In some countries, the enjoyment of certain political +rights depends upon the amount of property. But, in these same +countries, property is expressive, rather than attributive, of +the qualifications necessary to the exercise of these rights. It +is rather a conjectural proof than the cause of these +qualifications."--Rossi: Treatise on Penal Law. + +This assertion of M. Rossi is not borne out by history. Property +is the cause of the electoral right, not as a PRESUMPTION OF +CAPACITY,--an idea which never prevailed until lately, and which +is extremely absurd,--but as a GUARANTEE OF DEVOTION TO THE +ESTABLISHED ORDER. The electoral body is a league of those +interested in the maintenance of property, against those not +interested. There are thousands of documents, even official +documents, to prove this, if necessary. For the rest, the +present system is only a continuation of the municipal system, +which, in the middle ages, sprang up in connection with +feudalism,--an oppressive, mischief-making system, full of petty +passions and base intrigues. + + + + +It would be an abuse of the reader's patience to insist further +upon the tendency of our time towards equality. There are, +moreover, so many people who denounce the present age, +that nothing is gained by exposing to their view the +popular, scientific, and representative tendencies of the nation. + +Prompt to recognize the accuracy of the inferences drawn from +observation, they confine themselves to a general censure of the +facts, and an absolute denial of their legitimacy. "What +wonder," they say, "that this atmosphere of equality intoxicates +us, considering all that has been said and done during the past +ten years! . . . Do you not see that society is dissolving, that +a spirit of infatuation is carrying us away? All these hopes of +regeneration are but forebodings of death; your songs of triumph +are like the prayers of the departing, your trumpet peals +announce the baptism of a dying man. Civilization is falling in +ruin: _Imus, imus, praecipites_!" + +Such people deny God. I might content myself with the reply that +the spirit of 1830 was the result of the maintenance of the +violated charter; that this charter arose from the Revolution of +'89; that '89 implies the States-General's right of remonstrance, +and the enfranchisement of the communes; that the communes +suppose feudalism, which in its turn supposes invasion, Roman +law, Christianity, &c. + +But it is necessary to look further. We must penetrate to the +very heart of ancient institutions, plunge into the social +depths, and uncover this indestructible leaven of equality which +the God of justice breathed into our souls, and which manifests +itself in all our works. + +Labor is man's contemporary; it is a duty, since it is a +condition of existence: "In the sweat of thy face shalt thou eat +bread." It is more than a duty, it is a mission: "God put the +man into the garden to dress it." I add that labor is the cause +and means of equality. + +Cast away upon a desert island two men: one large, strong, and +active; the other weak, timid, and domestic. The latter +will die of hunger; while the other, a skilful hunter, an +expert fisherman, and an indefatigable husbandman, will overstock +himself with provisions. What greater inequality, in this state +of Nature so dear to the heart of Jean Jacques, could be +imagined! But let these two men meet and associate themselves: +the second immediately attends to the cooking, takes charge of +the household affairs, and sees to the provisions, beds, and +clothes; provided the stronger does not abuse his superiority by +enslaving and ill-treating his companion, their social condition +will be perfectly equal. Thus, through exchange of services, the +inequalities of Nature neutralize each other, talents associate, +and forces balance. Violence and inertia are found only among +the poor and the aristocratic. And in that lies the philosophy +of political economy, the mystery of human brotherhood. _Hic est +sapientia_. Let us pass from the hypothetical state of pure +Nature into civilization. + +The proprietor of the soil, who produces, I will suppose with the +economists, by lending his instrument, receives at the foundation +of a society so many bushels of grain for each acre of arable +land. As long as labor is weak, and the variety of its products +small, the proprietor is powerful in comparison with the +laborers; he has ten times, one hundred times, the portion of an +honest man. But let labor, by multiplying its inventions, +multiply its enjoyments and wants, and the proprietor, if he +wishes to enjoy the new products, will be obliged to reduce his +income every day; and since the first products tend rather to +depreciate than to rise in value,--in consequence of the +continual addition of the new ones, which may be regarded as +supplements of the first ones,--it follows that the idle +proprietor grows poor as fast as public prosperity increases. +"Incomes" (I like to quote you, sir, because it is +impossible to give too good an authority for these +elementary principles of economy, and because I cannot express +them better myself), "incomes," you have said, "tend to disappear +as capital increases. He who possesses to-day an income of +twenty thousand pounds is not nearly as rich as he who possessed +the same amount fifty years ago. The time is coming when all +property will be a burden to the idle, and will necessarily pass +into the hands of the able and industrious.[1] . . ." + +[1] Lecture of December 22. + + + + +In order to live as a proprietor, or to consume without +producing, it is necessary, then, to live upon the labor of +another; in other words, it is necessary to kill the laborer. It +is upon this principle that proprietors of those varieties of +capital which are of primary necessity increase their farm-rents +as fast as industry develops, much more careful of their +privileges in that respect, than those economists who, in order +to strengthen property, advocate a reduction of interest. But +the crime is unavailing: labor and production increase; soon the +proprietor will be forced to labor, and then property is lost. + +The proprietor is a man who, having absolute control of an +instrument of production, claims the right to enjoy the product +of the instrument without using it himself. To this end he lends +it; and we have just seen that from this loan the laborer derives +a power of exchange, which sooner or later will destroy the right +of increase. In the first place, the proprietor is obliged to +allow the laborer a portion of the product, for without it the +laborer could not live. Soon the latter, through the development +of his industry, finds a means of regaining the greater portion +of that which he gives to the proprietor; so that at last, the +objects of enjoyment increasing continually, while the income of +the idler remains the same, the proprietor, having exhausted his +resources, begins to think of going to work himself. Then the +victory of the producer is certain. Labor commences to tip the +balance towards its own side, and commerce leads to equilibrium. + +Man's instinct cannot err; as, in liberty, exchange of functions +leads inevitably to equality among men, so commerce--or exchange +of products, which is identical with exchange of functions--is a +new cause of equality. As long as the proprietor does not labor, +however small his income, he enjoys a privilege; the laborer's +welfare may be equal to his, but equality of conditions does not +exist. But as soon as the proprietor becomes a producer,--since +he can exchange his special product only with his tenant or his +_commandite_,--sooner or later this tenant, this _exploited_ man, +if violence is not done him, will make a profit out of the +proprietor, and will oblige him to restore--in the exchange of +their respective products--the interest on his capital. So that, +balancing one injustice by another, the contracting parties will +be equal. Labor and exchange, when liberty prevails, lead, then, +to equality of fortunes; mutuality of services neutralizes +privilege. That is why despots in all ages and countries have +assumed control of commerce; they wished to prevent the labor of +their subjects from becoming an obstacle to the rapacity of +tyrants. + +Up to this point, all takes place in the natural order; there is +no premeditation, no artifice. The whole proceeding is governed +by the laws of necessity alone. Proprietors and laborers act +only in obedience to their wants. Thus, the exercise of the +right of increase, the art of robbing the producer, depends-- +during this first period of civilization-- upon physical +violence, murder, and war. + +But at this point a gigantic and complicated conspiracy is +hatched against the capitalists. The weapon of the +EXPLOITERS is met by the EXPLOITED with the instrument of +commerce,--a marvellous invention, denounced at its origin by the +moralists who favored property, but inspired without doubt by the +genius of labor, by the Minerva of the proletaires. + +The principal cause of the evil lay in the accumulation and +immobility of capital of all sorts,--an immobility which +prevented labor, enslaved and subalternized by haughty idleness, +from ever acquiring it. The necessity was felt of dividing and +mobilizing wealth, of rendering it portable, of making it pass +from the hands of the possessor into those of the worker. Labor +invented MONEY. Afterwards, this invention was revived and +developed by the BILL OF EXCHANGE and the BANK. For all +these things are substantially the same, and proceed from the +same mind. The first man who conceived the idea of representing +a value by a shell, a precious stone, or a certain weight of +metal, was the real inventor of the Bank. What is a piece of +money, in fact? It is a bill of exchange written upon solid and +durable material, and carrying with it its own redemption. By +this means, oppressed equality was enabled to laugh at the +efforts of the proprietors, and the balance of justice was +adjusted for the first time in the tradesman's shop. The trap +was cunningly set, and accomplished its purpose so thoroughly +that in idle hands money became only dissolving wealth, a false +symbol, a shadow of riches. An excellent economist and profound +philosopher was that miser who took as his motto, "WHEN A GUINEA +IS EXCHANGED, IT EVAPORATES." So it may be said, "When real +estate is converted into money, it is lost." This explains the +constant fact of history, that the nobles--the unproductive +proprietors of the soil--have every where been dispossessed by +industrial and commercial plebeians. Such was especially +the case in the formation of the Italian republics, born, during +the middle ages, of the impoverishment of the seigniors. I will +not pursue the interesting considerations which this matter +suggests; I could only repeat the testimony of historians, and +present economical demonstrations in an altered form. + +The greatest enemy of the landed and industrial aristocracy to- +day, the incessant promoter of equality of fortunes, is the +BANKER. Through him immense plains are divided, mountains +change their positions, forests are grown upon the public +squares, one hemisphere produces for another, and every corner of +the globe has its usufructuaries. By means of the Bank new +wealth is continually created, the use of which (soon becoming +indispensable to selfishness) wrests the dormant capital from the +hands of the jealous proprietor. The banker is at once the most +potent creator of wealth, and the main distributor of the +products of art and Nature. And yet, by the strangest antinomy, +this same banker is the most relentless collector of profits, +increase, and usury ever inspired by the demon of property. The +importance of the services which he renders leads us to endure, +though not without complaint, the taxes which he imposes. +Nevertheless, since nothing can avoid its providential mission, +since nothing which exists can escape the end for which it exists +the banker (the modern Croesus) must some day become the restorer +of equality. And following in your footsteps, sir, I have +already given the reason; namely, that profit decreases as +capital multiplies, since an increase of capital--calling for +more laborers, without whom it remains unproductive--always +causes an increase of wages. Whence it follows that the Bank, +to-day the suction-pump of wealth, is destined to become the +steward of the human race. + +The phrase EQUALITY OF FORTUNES chafes people, as if it +referred to a condition of the other world, unknown here below. +There are some persons, radicals as well as moderates, whom the +very mention of this idea fills with indignation. Let, then, +these silly aristocrats abolish mercantile societies and +insurance companies, which are founded by prudence for mutual +assistance. For all these social facts, so spontaneous and free +from all levelling intentions, are the legitimate fruits of the +instinct of equality. + +When the legislator makes a law, properly speaking he does not +MAKE it,--he does not CREATE it: he DESCRIBES it. In +legislating upon the moral, civil, and political relations of +citizens, he does not express an arbitrary notion: he states the +general idea,--the higher principle which governs the matter +which he is considering; in a word, he is the proclaimer, not the +inventor, of the law. So, when two or more men form among +themselves, by synallagmatic contract, an industrial or an +insurance association, they recognize that their interests, +formerly isolated by a false spirit of selfishness and +independence, are firmly connected by their inner natures, and by +the mutuality of their relations. They do not really bind +themselves by an act of their private will: they swear to conform +henceforth to a previously existing social law hitherto +disregarded by them. And this is proved by the fact that these +same men, could they avoid association, would not associate. +Before they can be induced to unite their interests, they must +acquire full knowledge of the dangers of competition and +isolation; hence the experience of evil is the only thing which +leads them into society. + +Now I say that, to establish equality among men, it is only +necessary to generalize the principle upon which insurance, +agricultural, and commercial associations are based. I say +that competition, isolation of interests, monopoly, +privilege, accumulation of capital, exclusive enjoyment, +subordination of functions, individual production, the right of +profit or increase, the exploitation of man by man, and, to sum +up all these species under one head, that PROPERTY is the +principal cause of misery and crime. And, for having arrived at +this offensive and anti-proprietary conclusion, I am an abhorred +monster; radicals and conservatives alike point me out as a fit +subject for prosecution; the academies shower their censures upon +me; the most worthy people regard me as mad; and those are +excessively tolerant who content themselves with the assertion +that I am a fool. Oh, unhappy the writer who publishes the truth +otherwise than as a performance of a duty! If he has counted +upon the applause of the crowd; if he has supposed that avarice +and self-interest would forget themselves in admiration of him; +if he has neglected to encase himself within three thicknesses of +brass,--he will fail, as he ought, in his selfish undertaking. +The unjust criticisms, the sad disappointments, the despair of +his mistaken ambition, will kill him. + +But, if I am no longer permitted to express my own personal +opinion concerning this interesting question of social +equilibrium, let me, at least, make known the thought of my +masters, and develop the doctrines advocated in the name of the +government. + +It never has been my intention, sir, in spite of the vigorous +censure which you, in behalf of your academy, have pronounced +upon the doctrine of equality of fortunes, to contradict and cope +with you. In listening to you, I have felt my inferiority too +keenly to permit me to enter upon such a discussion. And then,-- +if it must be said,--however different your language is from +mine, we believe in the same principles; you share all my +opinions. I do not mean to insinuate thereby, sir, that you have +(to use the phraseology of the schools) an ESOTERIC and an +EXOTERIC doctrine,--that, secretly believing in equality, you +defend property only from motives of prudence and by command. I +am not rash enough to regard you as my colleague in my +revolutionary projects; and I esteem you too highly, moreover, to +suspect you of dissimulation. I only mean that the truths which +methodical investigation and laborious metaphysical speculation +have painfully demonstrated to me, a profound acquaintance with +political economy and a long experience reveal to you. While I +have reached my belief in equality by long reflection, and almost +in spite of my desires, you hold yours, sir, with all the zeal of +faith,--with all the spontaneity of genius. That is why your +course of lectures at the Conservatory is a perpetual war upon +property and inequality of fortunes; that is why your most +learned investigations, your most ingenious analyses, and your +innumerable observations always conclude in a formula of progress +and equality; that is why, finally, you are never more admired +and applauded than at those moments of inspiration when, borne +upon the wings of science, you ascend to those lofty truths which +cause plebeian hearts to beat with enthusiasm, and which chill +with horror men whose intentions are evil. How many times, from +the place where I eagerly drank in your eloquent words, have I +inwardly thanked Heaven for exempting you from the judgment +passed by St. Paul upon the philosophers of his time,--"They have +known the truth, and have not made it known"! How many times +have I rejoiced at finding my own justification in each of your +discourses! No, no; I neither wish nor ask for any thing which +you do not teach yourself. I appeal to your numerous audience; +let it belie me if, in commenting upon you, I pervert your +meaning. + +A disciple of Say, what in your eyes is more anti-social than the +custom-houses; or, as you correctly call them, the barriers +erected by monopoly between nations? What is more annoying, more +unjust, or more absurd, than this prohibitory system which +compels us to pay forty sous in France for that which in England +or Belgium would bring us but fifteen? It is the custom-house, +you once said,[1] which arrests the development of civilization +by preventing the specialization of industries; it is the custom- +house which enriches a hundred monopolists by impoverishing +millions of citizens; it is the custom-house which produces +famine in the midst of abundance, which makes labor sterile by +prohibiting exchange, and which stifles production in a mortal +embrace. It is the custom-house which renders nations jealous +of, and hostile to, each other; four-fifths of the wars of all +ages were caused originally by the custom-house. And then, at +the highest pitch of your enthusiasm, you shouted: "Yes, if to +put an end to this hateful system, it should become necessary for +me to shed the last drop of my blood, I would joyfully spring +into the gap, asking only time enough to give thanks to God for +having judged me worthy of martyrdom!" + +[1] Lecture of Jan. 15, 1841. + + + + +And, at that solemn moment, I said to myself: "Place in every +department of France such a professor as that, and the revolution +is avoided." + +But, sir, by this magnificent theory of liberty of commerce you +render military glory impossible,--you leave nothing for +diplomacy to do; you even take away the desire for conquest, +while abolishing profit altogether. What matters it, indeed, +who restores Constantinople, Alexandria, and Saint Jean +d'Acre, if the Syrians, Egyptians, and Turks are free to choose +their masters; free to exchange their products with whom they +please? Why should Europe get into such a turmoil over this +petty Sultan and his old Pasha, if it is only a question whether +we or the English shall civilize the Orient,--shall instruct +Egypt and Syria in the European arts, and shall teach them to +construct machines, dig canals, and build railroads? For, if to +national independence free trade is added, the foreign influence +of these two countries is thereafter exerted only through a +voluntary relationship of producer to producer, or apprentice to +journeyman. + +Alone among European powers, France cheerfully accepted the task +of civilizing the Orient, and began an invasion which was quite +apostolic in its character,--so joyful and high-minded do noble +thoughts render our nation! But diplomatic rivalry, national +selfishness, English avarice, and Russian ambition stood in her +way. To consummate a long-meditated usurpation, it was necessary +to crush a too generous ally: the robbers of the Holy Alliance +formed a league against dauntless and blameless France. +Consequently, at the news of this famous treaty, there arose +among us a chorus of curses upon the principle of property, which +at that time was acting under the hypocritical formulas of the +old political system. The last hour of property seemed to have +struck by the side of Syria; from the Alps to the ocean, from the +Rhine to the Pyrenees, the popular conscience was aroused. All +France sang songs of war, and the coalition turned pale at the +sound of these shuddering cries: "War upon the autocrat, who +wishes to be proprietor of the old world! War upon the English +perjurer, the devourer of India, the poisoner of China, the +tyrant of Ireland, and the eternal enemy of France! War +upon the allies who have conspired against liberty and equality! +War! war! war upon property!" + +By the counsel of Providence the emancipation of the nations is +postponed. France is to conquer, not by arms, but by example. +Universal reason does not yet understand this grand equation, +which, commencing with the abolition of slavery, and advancing +over the ruins of aristocracies and thrones, must end in equality +of rights and fortunes; but the day is not far off when the +knowledge of this truth will be as common as that of equality of +origin. Already it seems to be understood that the Oriental +question is only a question of custom-houses. Is it, then, so +difficult for public opinion to generalize this idea, and to +comprehend, finally, that if the suppression of custom-houses +involves the abolition of national property, it involves also, as +a consequence, the abolition of individual property? + +In fact, if we suppress the custom-houses, the alliance of the +nations is declared by that very act; their solidarity is +recognized, and their equality proclaimed. If we suppress the +custom-houses, the principle of association will not be slow in +reaching from the State to the province, from the province to the +city, and from the city to the workshop. But, then, what becomes +of the privileges of authors and artists? Of what use are the +patents for invention, imagination, amelioration, and +improvement? When our deputies write a law of literary property +by the side of a law which opens a large breach in the custom- +house they contradict themselves, indeed, and pull down with one +hand what they build up with the other. Without the custom- +house. literary property does not exist, and the hopes of our +starving authors are frustrated. For, certainly you do not +expect, with the good man Fourier, that literary property will +exercise itself in China to the profit of a French writer; +and that an ode of Lamartine, sold by privilege all over the +world, will bring in millions to its author! The poet's work is +peculiar to the climate in which he lives; every where else the +reproduction of his works, having no market value, should be +frank and free. But what! will it be necessary for nations to +put themselves under mutual surveillance for the sake of verses, +statues, and elixirs? We shall always have, then, an excise, a +city-toll, rights of entrance and transit, custom-houses finally; +and then, as a reaction against privilege, smuggling. + +Smuggling! That word reminds me of one of the most horrible +forms of property. "Smuggling," you have said, sir,[1] "is an +offence of political creation; it is the exercise of natural +liberty, defined as a crime in certain cases by the will of the +sovereign. The smuggler is a gallant man,--a man of spirit, who +gaily busies himself in procuring for his neighbor, at a very low +price, a jewel, a shawl, or any other object of necessity or +luxury, which domestic monopoly renders excessively dear." Then, +to a very poetical monograph of the smuggler, you add this dismal +conclusion,--that the smuggler belongs to the family of Mandrin, +and that the galleys should be his home! + +[1] Lecture of Jan. 15, 1841. + + + + +But, sir, you have not called attention to the horrible +exploitation which is carried on in this way in the name of +property. + +It is said,--and I give this report only as an hypothesis and an +illustration, for I do not believe it,--it is said that the +present minister of finances owes his fortune to smuggling. M. +Humann, of Strasbourg, sent out of France, it is said, enormous +quantities of sugar, for which he received the +bounty on exportation promised by the State; then, smuggling +this sugar back again, he exported it anew, receiving the bounty +on exportation a second time, and so on. Notice, sir, that I do +not state this as a fact; I give it only as it is told, not +endorsing or even believing it. My sole design is to fix the +idea in the mind by an example. If I believed that a minister +had committed such a crime, that is, if I had personal and +authentic knowledge that he had, I would denounce M. Humann, the +minister of finances, to the Chamber of Deputies, and would +loudly demand his expulsion from the ministry. + +But that which is undoubtedly false of M. Humann is true of many +others, as rich and no less honorable than he. Smuggling, +organized on a large scale by the eaters of human flesh, is +carried on to the profit of a few pashas at the risk and peril of +their imprudent victims. The inactive proprietor offers his +merchandise for sale; the actual smuggler risks his liberty, his +honor, and his life. If success crowns the enterprise, the +courageous servant gets paid for his journey; the profit goes to +the coward. If fortune or treachery delivers the instrument of +this execrable traffic into the hands of the custom-house +officer, the master-smuggler suffers a loss which a more +fortunate voyage will soon repair. The agent, pronounced a +scoundrel, is thrown into prison in company with robbers; while +his glorious patron, a juror, elector, deputy, or minister, makes +laws concerning expropriation, monopoly, and custom-houses! + +I promised, at the beginning of this letter, that no attack on +property should escape my pen, my only object being to justify +myself before the public by a general recrimination. But I could +not refrain from branding so odious a mode of exploitation, and I +trust that this short digression will be pardoned. Property +does not avenge, I hope, the injuries which smuggling suffers. + +The conspiracy against property is general; it is flagrant; it +takes possession of all minds, and inspires all our laws; it lies +at the bottom of all theories. Here the proletaire pursues +property in the street, there the legislator lays an interdict +upon it; now, a professor of political economy or of industrial +legislation,[1] paid to defend it, undermines it with redoubled +blows; at another--time, an academy calls it in question,[2] or +inquires as to the progress of its demolition.[3] To-day there +is not an idea, not an opinion, not a sect, which does not dream +of muzzling property. None confess it, because none are yet +conscious of it; there are too few minds capable of grasping +spontaneously this ensemble of causes and effects, of +principles and consequences, by which I try to demonstrate the +approaching disappearance of property; on the other hand, the +ideas that are generally formed of this right are too divergent +and too loosely determined to allow an admission, so soon, of the +contrary theory. Thus, in the middle and lower ranks of +literature and philosophy, no less than among the common people, +it is thought that, when property is abolished, no one will be +able to enjoy the fruit of his labor; that no one will have any +thing peculiar to himself, and that tyrannical communism will be +established on the ruins of family and liberty!--chimeras, which +are to support for a little while longer the cause of privilege. + +[1] MM. Blanqui and Wolowski. + +[2] Subject proposed by the Fourth Class of the Institute, the +Academy of Moral and Political Sciences: "What would be the +effect upon the working-class of the organization of labor, +according to the modern ideas of association?" + +[3] Subject proposed by the Academy of Besancon: "The +economical and moral consequences in France, up to the present +time, and those which seem likely to appear in future, of the law +concerning the equal division of hereditary property between the +children." + + + + + +But, before determining precisely the idea of property, before +seeking amid the contradictions of systems for the common element +which must form the basis of the new right, let us cast a rapid +glance at the changes which, at the various periods of history, +property has undergone. The political forms of nations are the +expression of their beliefs. The mobility of these forms, their +modification and their destruction, are solemn experiences which +show us the value of ideas, and gradually eliminate from the +infinite variety of customs the absolute, eternal, and immutable +truth. Now, we shall see that every political institution tends, +necessarily, and on pain of death, to equalize conditions; that +every where and always equality of fortunes (like equality of +rights) has been the social aim, whether the plebeian classes +have endeavored to rise to political power by means of property, +or whether--rulers already--they have used political power to +overthrow property. We shall see, in short, by the progress of +society, that the consummation of justice lies in the extinction +of individual domain. + +For the sake of brevity, I will disregard the testimony of +ecclesiastical history and Christian theology: this subject +deserves a separate treatise, and I propose hereafter to return +to it. Moses and Jesus Christ proscribed, under the names of +usury and inequality,[1] all sorts of profit and increase. The +church itself, in its purest teachings, has always condemned +property; and when I attacked, not only the authority of the +church, but also its infidelity to justice, I did it to the glory +of religion. I wanted to provoke a peremptory +reply, and to pave the way for Christianity's triumph, in +spite of the innumerable attacks of which it is at present the +object. I hoped that an apologist would arise forthwith, and, +taking his stand upon the Scriptures, the Fathers, the canons, +and the councils and constitutions of the Popes, would +demonstrate that the church always has maintained the doctrine of +equality, and would attribute to temporary necessity the +contradictions of its discipline. Such a labor would serve the +cause of religion as well as that of equality. We must know, +sooner or later, whether Christianity is to be regenerated in the +church or out of it, and whether this church accepts the +reproaches cast upon it of hatred to liberty and antipathy to +progress. Until then we will suspend judgment, and content +ourselves with placing before the clergy the teachings of +history. + +[1] {GREEK, ?n n `},--greater property. The Vulgate +translates it avaritia. + + + + +When Lycurgus undertook to make laws for Sparta, in what +condition did he find this republic? On this point all +historians agree. The people and the nobles were at war. The +city was in a confused state, and divided by two parties,--the +party of the poor, and the party of the rich. Hardly escaped +from the barbarism of the heroic ages, society was rapidly +declining. The proletariat made war upon property, which, in its +turn, oppressed the proletariat. What did Lycurgus do? His +first measure was one of general security, at the very idea of +which our legislators would tremble. He abolished all debts; +then, employing by turns persuasion and force, he induced the +nobles to renounce their privileges, and re-established equality. + +Lycurgus, in a word, hunted property out of Lacedaemon, seeing no +other way to harmonize liberty, equality, and law. I certainly +should not wish France to follow the example of Sparta; but it is +remarkable that the most ancient of Greek legislators, +thoroughly acquainted with the nature and needs of the +people, more capable than any one else of appreciating the +legitimacy of the obligations which he, in the exercise of his +absolute authority, cancelled; who had compared the legislative +systems of his time, and whose wisdom an oracle had proclaimed,-- +it is remarkable, I say, that Lycurgus should have judged the +right of property incompatible with free institutions, and should +have thought it his duty to preface his legislation by a coup +d'etat which destroyed all distinctions of fortune. + +Lycurgus understood perfectly that the luxury, the love of +enjoyments, and the inequality of fortunes, which property +engenders, are the bane of society; unfortunately the means which +he employed to preserve his republic were suggested to him by +false notions of political economy, and by a superficial +knowledge of the human heart. Accordingly, property, which this +legislator wrongly confounded with wealth, reentered the city +together with the swarm of evils which he was endeavoring to +banish; and this time Sparta was hopelessly corrupted. + + +"The introduction of wealth," says M. Pastoret, "was one of the +principal causes of the misfortunes which they experienced. +Against these, however, the laws had taken extraordinary +precautions, the best among which was the inculcation of morals +which tended to suppress desire." + + +The best of all precautions would have been the anticipation of +desire by satisfaction. Possession is the sovereign remedy for +cupidity, a remedy which would have been the less perilous to +Sparta because fortunes there were almost equal, and conditions +were nearly alike. As a general thing, fasting and abstinence +are bad teachers of moderation. + +"There was a law," says M. Pastoret again, "to prohibit the +rich from wearing better clothing than the poor, from eating more +delicate food, and from owning elegant furniture, vases, carpets, +fine houses," &c. Lycurgus hoped, then, to maintain equality by +rendering wealth useless. How much wiser he would have been if, +in accordance with his military discipline, he had organized +industry and taught the people to procure by their own labor the +things which he tried in vain to deprive them of. In that case, +enjoying happy thoughts and pleasant feelings, the citizen would +have known no other desire than that with which the legislator +endeavored to inspire him,--love of honor and glory, the triumphs +of talent and virtue. + +"Gold and all kinds of ornaments were forbidden the women." +Absurd. After the death of Lycurgus, his institutions became +corrupted; and four centuries before the Christian era not a +vestige remained of the former simplicity. Luxury and the thirst +for gold were early developed among the Spartans in a degree as +intense as might have been expected from their enforced poverty +and their inexperience in the arts. Historians have accused +Pausanias, Lysander, Agesilaus, and others of having corrupted +the morals of their country by the introduction of wealth +obtained in war. It is a slander. The morals of the Spartans +necessarily grew corrupt as soon as the Lacedaemonian poverty +came in contact with Persian luxury and Athenian elegance. +Lycurgus, then, made a fatal mistake in attempting to inspire +generosity and modesty by enforcing vain and proud simplicity. + + +"Lycurgus was not frightened at idleness! A Lacedemonian, +happening to be in Athens (where idleness was forbidden) during +the punishment of a citizen who had been found guilty, asked to +see the Athenian thus condemned for having exercised the rights +of a free man. . . . It was one of the principles of Lycurguss, +acted upon for several centuries, that free men should not follow +lucrative professions. . . . The women disdained domestic +labor; they did not spin their wool themselves, as did the other +Greeks [they did not, then, read Homer!]; they left their slaves +to make their clothing for them."--Pastoret: History of +Legislation. + + +Could any thing be more contradictory? Lycurgus proscribed +property among the citizens, and founded the means of subsistence +on the worst form of property,--on property obtained by force. +What wonder, after that, that a lazy city, where no industry was +carried on, became a den of avarice? The Spartans succumbed the +more easily to the allurements of luxury and Asiatic +voluptuousness, being placed entirely at their mercy by their own +coarseness. The same thing happened to the Romans, when military +success took them out of Italy,--a thing which the author of the +prosopopoeia of Fabricius could not explain. It is not the +cultivation of the arts which corrupts morals, but their +degradation, induced by inactive and luxurious opulence. The +instinct of property is to make the industry of Daedalus, as well +as the talent of Phidias, subservient to its own fantastic whims +and disgraceful pleasures. Property, not wealth, ruined the +Spartans. + +When Solon appeared, the anarchy caused by property was at its +height in the Athenian republic. "The inhabitants of Attica were +divided among themselves as to the form of government. Those who +lived on the mountains (the poor) preferred the popular form; +those of the plain (the middle class), the oligarchs; those by +the sea coast, a mixture of oligarchy and democracy. Other +dissensions were arising from the inequality of fortunes. The +mutual antagonism of the rich and poor had become so violent, +that the one-man power seemed the only safe-guard against the +revolution with which the republic was threatened." (Pastoret: +History of Legislation.) + +Quarrels between the rich and the poor, which seldom occur in +monarchies, because a well established power suppresses +dissensions, seem to be the life of popular governments. +Aristotle had noticed this. The oppression of wealth submitted +to agrarian laws, or to excessive taxation; the hatred of the +lower classes for the upper class, which is exposed always to +libellous charges made in hopes of confiscation,--these were the +features of the Athenian government which were especially +revolting to Aristotle, and which caused him to favor a limited +monarchy. Aristotle, if he had lived in our day, would have +supported the constitutional government. But, with all deference +to the Stagirite, a government which sacrifices the life of the +proletaire to that of the proprietor is quite as irrational as +one which supports the former by robbing the latter; neither of +them deserve the support of a free man, much less of a +philosopher. + +Solon followed the example of Lycurgus. He celebrated his +legislative inauguration by the abolition of debts,--that is, by +bankruptcy. In other words, Solon wound up the governmental +machine for a longer or shorter time depending upon the rate of +interest. Consequently, when the spring relaxed and the chain +became unwound, the republic had either to perish, or to recover +itself by a second bankruptcy. This singular policy was pursued +by all the ancients. After the captivity of Babylon, Nehemiah, +the chief of the Jewish nation, abolished debts; Lycurgus +abolished debts; Solon abolished debts; the Roman people, after +the expulsion of the kings until the accession of the Caesars, +struggled with the Senate for the abolition of debts. +Afterwards, towards the end of the republic, and long after the +establishment of the empire, agriculture being abandoned, and the +provinces becoming depopulated in consequence of the excessive +rates of interest, the emperors freely granted the lands to +whoever would cultivate them,--that is, they abolished debts. No +one, except Lycurgus, who went to the other extreme, ever +perceived that the great point was, not to release debtors by a +coup d'etat, but to prevent the contraction of debts in future. + +On the contrary, the most democratic governments were always +exclusively based upon individual property; so that the social +element of all these republics was war between the citizens. + +Solon decreed that a census should be taken of all fortunes, +regulated political rights by the result, granted to the larger +proprietors more influence, established the balance of powers,-- +in a word, inserted in the constitution the most active leaven of +discord; as if, instead of a legislator chosen by the people, he +had been their greatest enemy. Is it not, indeed, the height of +imprudence to grant equality of political rights to men of +unequal conditions? If a manufacturer, uniting all his workmen +in a joint-stock company, should give to each of them a +consultative and deliberative voice,--that is, should make all of +them masters,--would this equality of mastership secure continued +inequality of wages? That is the whole political system of +Solon, reduced to its simplest expression. + + +"In giving property a just preponderance," says M. Pastoret, +"Solon repaired, as far as he was able, his first official act,-- +the abolition of debts. . . . He thought he owed it to public +peace to make this great sacrifice of acquired rights and natural +equity. But the violation of individual property and written +contracts is a bad preface to a public code." + + +In fact, such violations are always cruelly punished. In '89 and +'93, the possessions of the nobility and the clergy were +confiscated, the clever proletaires were enriched; and to-day the +latter, having become aristocrats, are making us pay dearly +for our fathers' robbery. What, therefore, is to be done now? +It is not for us to violate right, but to restore it. Now, it +would be a violation of justice to dispossess some and endow +others, and then stop there. We must gradually lower the rate of +interest, organize industry, associate laborers and their +functions, and take a census of the large fortunes, not for the +purpose of granting privileges, but that we may effect their +redemption by settling a life-annuity upon their proprietors. We +must apply on a large scale the principle of collective +production, give the State eminent domain over all capital! make +each producer responsible, abolish the custom-house, and +transform every profession and trade into a public function. +Thereby large fortunes will vanish without confiscation or +violence; individual possession will establish itself, without +communism, under the inspection of the republic; and equality of +conditions will no longer depend simply on the will of citizens. + +Of the authors who have written upon the Romans, Bossuet and +Montesquieu occupy prominent positions in the first rank; the +first being generally regarded as the father of the philosophy of +history, and the second as the most profound writer upon law and +politics. Nevertheless, it could be shown that these two great +writers, each of them imbued with the prejudices of their century +and their cloth, have left the question of the causes of the rise +and fall of the Romans precisely where they found it. + +Bossuet is admirable as long as he confines himself to +description: witness, among other passages, the picture which he +has given us of Greece before the Persian War, and which seems to +have inspired "Telemachus;" the parallel between Athens and +Sparta, drawn twenty times since Bossuet; the description of the +character and morals of the ancient Romans; and, finally, +the sublime peroration which ends the "Discourse on Universal +History." But when the famous historian deals with causes, his +philosophy is at fault. + + +"The tribunes always favored the division of captured lands, or +the proceeds of their sale, among the citizens. The Senate +steadfastly opposed those laws which were damaging to the State, +and wanted the price of lands to be awarded to the public +treasury." + + +Thus, according to Bossuet, the first and greatest wrong of civil +wars was inflicted upon the people, who, dying of hunger, +demanded that the lands, which they had shed their blood to +conquer, should be given to them for cultivation. The +patricians, who bought them to deliver to their slaves, had more +regard for justice and the public interests. How little affects +the opinions of men! If the roles of Cicero and the Gracchi +had been inverted, Bossuet, whose sympathies were aroused by the +eloquence of the great orator more than by the clamors of the +tribunes, would have viewed the agrarian laws in quite a +different light. He then would have understood that the interest +of the treasury was only a pretext; that, when the captured lands +were put up at auction, the patricians hastened to buy them, in +order to profit by the revenues from them,--certain, moreover, +that the price paid would come back to them sooner or later, in +exchange either for supplies furnished by them to the republic, +or for the subsistence of the multitude, who could buy only of +them, and whose services at one time, and poverty at another, +were rewarded by the State. For a State does not hoard; on the +contrary, the public funds always return to the people. If, +then, a certain number of men are the sole dealers in articles of +primary necessity, it follows that the public treasury, in +passing and repassing through their hands, deposits and +accumulates real property there. + +When Menenius related to the people his fable of the limbs and +the stomach, if any one had remarked to this story-teller that +the stomach freely gives to the limbs the nourishment which it +freely receives, but that the patricians gave to the plebeians +only for cash, and lent to them only at usury, he undoubtedly +would have silenced the wily senator, and saved the people from a +great imposition. The Conscript Fathers were fathers only of +their own line. As for the common people, they were regarded as +an impure race, exploitable, taxable, and workable at the +discretion and mercy of their masters. + +As a general thing, Bossuet shows little regard for the people. +His monarchical and theological instincts know nothing but +authority, obedience, and alms-giving, under the name of charity. + +This unfortunate disposition constantly leads him to mistake +symptoms for causes; and his depth, which is so much admired, is +borrowed from his authors, and amounts to very little, after all. + +When he says, for instance, that "the dissensions in the +republic, and finally its fall, were caused by the jealousies of +its citizens, and their love of liberty carried to an extreme and +intolerable extent," are we not tempted to ask him what caused +those JEALOUSIES?--what inspired the people with that lOVE OF +LIBERTY, EXTREME AND INTOLERABLE? It would be useless to reply, +The corruption of morals; the disregard for the ancient poverty; +the debaucheries, luxury, and class jealousies; the seditious +character of the Gracchi, &c. Why did the morals become corrupt, +and whence arose those eternal dissensions between the patricians +and the plebeians? + +In Rome, as in all other places, the dissension between the rich +and the poor was not caused directly by the desire for wealth +(people, as a general thing, do not covet that which they deem it +illegitimate to acquire), but by a natural instinct of the +plebeians, which led them to seek the cause of their adversity in +the constitution of the republic. So we are doing to-day; +instead of altering our public economy, we demand an electoral +reform. The Roman people wished to return to the social compact; +they asked for reforms, and demanded a revision of the laws, and +a creation of new magistracies. The patricians, who had nothing +to complain of, opposed every innovation. Wealth always has been +conservative. Nevertheless, the people overcame the resistance +of the Senate; the electoral right was greatly extended; the +privileges of the plebeians were increased,--they had their +representatives, their tribunes, and their consuls; but, +notwithstanding these reforms, the republic could not be saved. +When all political expedients had been exhausted, when civil war +had depleted the population, when the Caesars had thrown their +bloody mantle over the cancer which was consuming the empire,-- +inasmuch as accumulated property always was respected, and since +the fire never stopped, the nation had to perish in the flames. +The imperial power was a compromise which protected the property +of the rich, and nourished the proletaires with wheat from Africa +and Sicily: a double error, which destroyed the aristocrats by +plethora and the commoners by famine. At last there was but one +real proprietor left,--the emperor,--whose dependent, flatterer, +parasite, or slave, each citizen became; and when this proprietor +was ruined, those who gathered the crumbs from under his table, +and laughed when he cracked his jokes, perished also. + +Montesquieu succeeded no better than Bossuet in fathoming the +causes of the Roman decline; indeed, it may be said that the +president has only developed the ideas of the bishop. If the +Romans had been more moderate in their conquests, more just to +their allies, more humane to the vanquished; if the nobles +had been less covetous, the emperors less lawless, the people +less violent, and all classes less corrupt; if . . . &c.,-- +perhaps the dignity of the empire might have been preserved, and +Rome might have retained the sceptre of the world! That is all +that can be gathered from the teachings of Montesquieu. But the +truth of history does not lie there; the destinies of the world +are not dependent upon such trivial causes. The passions of men, +like the contingencies of time and the varieties of climate, +serve to maintain the forces which move humanity and produce all +historical changes; but they do not explain them. The grain of +sand of which Pascal speaks would have caused the death of one +man only, had not prior action ordered the events of which this +death was the precursor. + +Montesquieu has read extensively; he knows Roman history +thoroughly, is perfectly well acquainted with the people of whom +he speaks, and sees very clearly why they were able to conquer +their rivals and govern the world. While reading him we admire +the Romans, but we do not like them; we witness their triumphs +without pleasure, and we watch their fall without sorrow. +Montesquieu's work, like the works of all French writers, is +skilfully composed,--spirited, witty, and filled with wise +observations. He pleases, interests, instructs, but leads to +little reflection; he does not conquer by depth of thought; he +does not exalt the mind by elevated reason or earnest feeling. +In vain should we search his writings for knowledge of antiquity, +the character of primitive society, or a description of the +heroic ages, whose morals and prejudices lived until the last +days of the republic. Vico, painting the Romans with their +horrible traits, represents them as excusable, because he shows +that all their conduct was governed by preexisting ideas and +customs, and that they were informed, so to speak, by a +superior genius of which they were unconscious; in Montesquieu, +the Roman atrocity revolts, but is not explained. Therefore, as +a writer, Montesquieu brings greater credit upon French +literature; as a philosopher, Vico bears away the palm. + +Originally, property in Rome was national, not private. Numa was +the first to establish individual property by distributing the +lands captured by Romulus. What was the dividend of this +distribution effected by Numa? What conditions were imposed upon +individuals, what powers reserved to the State? None whatever. +Inequality of fortunes, absolute abdication by the republic of +its right of eminent domain over the property of citizens,--such +were the first results of the division of Numa, who justly may be +regarded as the originator of Roman revolutions. He it was who +instituted the worship of the god Terminus,--the guardian of +private possession, and one of the most ancient gods of Italy. +It was Numa who placed property under the protection of Jupiter; +who, in imitation of the Etrurians, wished to make priests of the +land-surveyors; who invented a liturgy for cadastral operations, +and ceremonies of consecration for the marking of boundaries,-- +who, in short, made a religion of property.[1] All these fancies +would have been more beneficial than dangerous, if the holy king +had not forgotten one essential thing; namely, to fix the amount +that each citizen could possess, and on what conditions he could +possess it. For, since it is the essence of property to +continually increase by accession and profit, and since the +lender will take advantage of every opportunity to apply this +principle inherent in property, it follows that properties tend, +by means of their natural energy and the religious respect which +protects them, to absorb each other, and fortunes to increase or +diminish to an indefinite extent,--a process which necessarily +results in the ruin of the people, and the fall of the republic. +Roman history is but the development of this law. + +[1] Similar or analogous customs have existed among all nations. +Consult, among other works, "Origin of French Law," by M. +Michelet; and "Antiquities of German Law," by Grimm. + + + + +Scarcely had the Tarquins been banished from Rome and the +monarchy abolished, when quarrels commenced between the orders. +In the year 494 B.C., the secession of the commonalty to the Mons +Sacer led to the establishment of the tribunate. Of what did the +plebeians complain? That they were poor, exhausted by the +interest which they paid to the proprietors,--_foeneratoribus;_ +that the republic, administered for the benefit of the nobles, +did nothing for the people; that, delivered over to the mercy of +their creditors, who could sell them and their children, and +having neither hearth nor home, they were refused the means of +subsistence, while the rate of interest was kept at its highest +point, &c. For five centuries, the sole policy of the Senate was +to evade these just complaints; and, notwithstanding the energy +of the tribunes, notwithstanding the eloquence of the Gracchi, +the violence of Marius, and the triumph of Caesar, this execrable +policy succeeded only too well. The Senate always temporized; +the measures proposed by the tribunes might be good, but they +were inopportune. It admitted that something should be done; but +first it was necessary that the people should resume the +performance of their duties, because the Senate could not yield +to violence, and force must be employed only by the law. If the +people--out of respect for legality--took this beautiful advice, +the Senate conjured up a difficulty; the reform was postponed, +and that was the end of it. On the contrary, if the demands of +the proletaires became too pressing, it declared a foreign +war, and neighboring nations were deprived of their liberty, to +maintain the Roman aristocracy. + +But the toils of war were only a halt for the plebeians in their +onward march towards pauperism. The lands confiscated from the +conquered nations were immediately added to the domain of the +State, to the ager publicus; and, as such, cultivated for the +benefit of the treasury; or, as was more often the case, they +were sold at auction. None of them were granted to the +proletaires, who, unlike the patricians and knights, were not +supplied by the victory with the means of buying them. War never +enriched the soldier; the extensive plundering has been done +always by the generals. The vans of Augereau, and of twenty +others, are famous in our armies; but no one ever heard of a +private getting rich. Nothing was more common in Rome than +charges of peculation, extortion, embezzlement, and brigandage, +carried on in the provinces at the head of armies, and in other +public capacities. All these charges were quieted by intrigue, +bribery of the judges, or desistance of the accuser. The culprit +was allowed always in the end to enjoy his spoils in peace; his +son was only the more respected on account of his father's +crimes. And, in fact, it could not be otherwise. What would +become of us, if every deputy, peer, or public functionary should +be called upon to show his title to his fortune! + + +"The patricians arrogated the exclusive enjoyment of the ager +publicus; and, like the feudal seigniors, granted some portions +of their lands to their dependants,--a wholly precarious +concession, revocable at the will of the grantor. The plebeians, +on the contrary, were entitled to the enjoyment of only a little +pasture-land left to them in common: an utterly unjust state of +things, since, in consequence of it, taxation--_census_--weighed +more heavily upon the poor than upon the rich. The patrician, in +fact, always exempted himself from the tithe which he owed +as the price and as the acknowledgment of the concession of +domain; and, on the other hand, paid no taxes on his +POSSESSIONS, if, as there is good reason to believe, only +citizens' property was taxed."--Laboulaye: History of Property. + + +In order thoroughly to understand the preceding quotation, we +must know that the estates of CITIZENS--that is, estates +independent of the public domain, whether they were obtained in +the division of Numa, or had since been sold by the questors-- +were alone regarded as PROPERTY; upon these a tax, or _cense_, +was imposed. On the contrary, the estates obtained by +concessions of the public domain, of the ager publicus (for +which a light rent was paid), were called POSSESSIONS. Thus, +among the Romans, there was a RIGHT OF PROPERTY and a RIGHT OF +POSSESSION regulating the administration of all estates. Now, +what did the proletaires wish? That the jus possessionis--the +simple right of possession--should be extended to them at the +expense, as is evident, not of private property, but of the +public domain,--agri publici. The proletaires, in short, +demanded that they should be tenants of the land which they had +conquered. This demand, the patricians in their avarice never +would accede to. Buying as much of this land as they could, they +afterwards found means of obtaining the rest as POSSESSIONS. +Upon this land they employed their slaves. The people, who could +not buy, on account of the competition of the rich, nor hire, +because--cultivating with their own hands--they could not promise +a rent equal to the revenue which the land would yield when +cultivated by slaves, were always deprived of possession and +property. + +Civil wars relieved, to some extent, the sufferings of the +multitude. "The people enrolled themselves under the banners of +the ambitious, in order to obtain by force that which the +law refused them,--property. A colony was the reward of a +victorious legion. But it was no longer the ager publicus +only; it was all Italy that lay at the mercy of the legions. The +ager publicus disappeared almost entirely, . . . but the cause +of the evil--accumulated property--became more potent than ever." +(Laboulaye: History of Property.) + + +The author whom I quote does not tell us why this division of +territory which followed civil wars did not arrest the +encroachments of accumulated property; the omission is easily +supplied. Land is not the only requisite for cultivation; a +working-stock is also necessary,--animals, tools, harnesses, a +house, an advance, &c. Where did the colonists, discharged by +the dictator who rewarded them, obtain these things? From the +purse of the usurers; that is, of the patricians, to whom all +these lands finally returned, in consequence of the rapid +increase of usury, and the seizure of estates. Sallust, in his +account of the conspiracy of Catiline, tells us of this fact. +The conspirators were old soldiers of Sylla, who, as a reward for +their services, had received from him lands in Cisalpine Gaul, +Tuscany, and other parts of the peninsula Less than twenty years +had elapsed since these colonists, free of debt, had left the +service and commenced farming; and already they were crippled by +usury, and almost ruined. The poverty caused by the exactions of +creditors was the life of this conspiracy which well-nigh +inflamed all Italy, and which, with a worthier chief and fairer +means, possibly would have succeeded. In Rome, the mass of the +people were favorable to the conspirators--_cuncta plebes +Catilinae incepta probabat;_ the allies were weary of the +patricians' robberies; deputies from the Allobroges (the +Savoyards) had come to Rome to appeal to the Senate in behalf of +their fellow-citizens involved in debt; in short, the complaint +against the large proprietors was universal. "We call men +and gods to witness," said the soldiers of Catiline, who were +Roman citizens with not a slave among them, "that we have taken +arms neither against the country, nor to attack any one, but in +defence of our lives and liberties. Wretched, poor, most of us +deprived of country, all of us of fame and fortune, by the +violence and cruelty of usurers, we have no rights, no property, +no liberty."[1] + +{NOTE: footnote needs spell-checked} +[1] _Dees hominesque testamur, nos arma neque contra patriam +cepisse neque quo periculum aliis faceremus, sed uti corpora +nostra ab injuria tuta forent, qui miseri, egentes, violentia +atque crudelitate foeneraterum, plerique patriae, sed omncsfarna +atque fortunis expertes sumus; neque cuiquam nostrum licuit, more +majorum, lege uti, neque, amisso patrimonio, libferum corpus +habere._--Sallus: Bellum Catilinarium. + + + + +The bad reputation of Catiline, and his atrocious designs, the +imprudence of his accomplices, the treason of several, the +strategy of Cicero, the angry outbursts of Cato, and the terror +of the Senate, baffled this enterprise, which, in furnishing a +precedent for expeditions against the rich, would perhaps have +saved the republic, and given peace to the world. But Rome could +not evade her destiny; the end of her expiations had not come. A +nation never was known to anticipate its punishment by a sudden +and unexpected conversion. Now, the long-continued crimes of the +Eternal City could not be atoned for by the massacre of a few +hundred patricians. Catiline came to stay divine vengeance; +therefore his conspiracy failed. + +The encroachment of large proprietors upon small proprietors, by +the aid of usury, farm-rent, and profits of all sorts, was common +throughout the empire. The most honest citizens invested their +money at high rates of interest.[1] Cato, Cicero, Brutus, all +the stoics so noted for their frugality, _viri frugi_,-- +Seneca, the teacher of virtue,--levied enormous taxes in the +provinces, under the name of usury; and it is something +remarkable, that the last defenders of the republic, the proud +Pompeys, were all usurious aristocrats, and oppressors of the +poor. But the battle of Pharsalus, having killed men only, +without touching institutions, the encroachments of the large +domains became every day more active. Ever since the birth of +Christianity, the Fathers have opposed this invasion with all +their might. Their writings are filled with burning curses upon +this crime of usury, of which Christians are not always innocent. + +[1] Fifty, sixty, and eighty per cent.--Course of M. Blanqui. + + + + +St. Cyprian complains of certain bishops of his time, who, +absorbed in disgraceful stock-jobbing operations, abandoned their +churches, and went about the provinces appropriating lands by +artifice and fraud, while lending money and piling up interests +upon interests.[1] Why, in the midst of this passion for +accumulation, did not the possession of the public land, like +private property, become concentrated in a few hands? + + +{NOTE: footnote needs spell-checked} +[1] _Episcopi plurimi, quos et hortamento esse oportet caeteris +et exemplo, divina prouratione contempta, procuratores rerum +saeularium fieri, derelicta cathedra, plebe leserta, per alienas +provincias oberrantes, negotiationis quaestuosae nundinas au +uucu-, pari, esurientibus in ecclesia fratribus habere argentum +largitur velle, fundos insidi.sis fraudibus rapere, usuris +multiplicantibus faenus augere._--Cyprian: De Lapsis. + +{NOTE: what does [2]refer to? This is at bottom of pg 341 in MS} +[2] In this passage, St. Cyprian alludes to lending on mortgages +and to compound interest. + + + +By law, the domain of the State was inalienable, and consequently +possession was always revocable; but the edict of the praetor +continued it indefinitely, so that finally the possessions of the +patricians were transformed into absolute property, though the +name, possessions, was still applied to them. This conversion, +instigated by senatorial avarice; owed its accomplishment to the +most deplorable and indiscreet policy. If, in the time of +Tiberius Gracchus, who wished to limit each citizen's possession +of the ager publicus to five hundred acres, the amount of this +possession had been fixed at as much as one family could +cultivate, and granted on the express condition that the +possessor should cultivate it himself, and should lease +it to no one, the empire never would have been desolated by large +estates; and possession, instead of increasing property, would +have absorbed it. On what, then, depended the establishment and +maintenance of equality in conditions and fortunes? On a more +equitable division of the ager publicus, a wiser distribution +of the right of possession. + +I insist upon this point, which is of the utmost importance, +because it gives us an opportunity to examine the history of this +individual possession, of which I said so much in my first +memoir, and which so few of my readers seem to have understood. +The Roman republic--having, as it did, the power to dispose +absolutely of its territory, and to impose conditions upon +possessors--was nearer to liberty and equality than any nation +has been since. If the Senate had been intelligent and just,-- +if, at the time of the retreat to the Mons Sacer, instead of the +ridiculous farce enacted by Menenius Agrippa, a solemn +renunciation of the right to acquire had been made by each +citizen on attaining his share of possessions,--the republic, +based upon equality of possessions and the duty of labor, would +not, in attaining its wealth, have degenerated in morals; +Fabricius would have enjoyed the arts without controlling +artists; and the conquests of the ancient Romans would have been +the means of spreading civilization, instead of the series of +murders and robberies that they were. + +But property, having unlimited power to amass and to lease, was +daily increased by the addition of new possessions. From the +time of Nero, six individuals were the sole proprietors of one- +half of Roman Africa. In the fifth century, the wealthy +families had incomes of no less than two millions: some possessed +as many as twenty thousand slaves. All the authors who have +written upon the causes of the fall of the Roman republic concur. + +M. Giraud of Aix[1] quotes the testimony of Cicero, Seneca, +Plutarch, Olympiodorus, and Photius. Under Vespasian and Titus, +Pliny, the naturalist, exclaimed: "Large estates have ruined +Italy, and are ruining the provinces." + +[1] "Inquiries concerning Property among the Romans." + + + + +But it never has been understood that the extension of property +was effected then, as it is to-day, under the aegis of the law, +and by virtue of the constitution. When the Senate sold captured +lands at auction, it was in the interest of the treasury and of +public welfare. When the patricians bought up possessions and +property, they realized the purpose of the Senate's decrees; when +they lent at high rates of interest, they took advantage of a +legal privilege. "Property," said the lender, "is the right to +enjoy even to the extent of abuse, _jus utendi et abutendi_; that +is, the right to lend at interest,--to lease, to acquire, and +then to lease and lend again." But property is also the right to +exchange, to transfer, and to sell. If, then, the social +condition is such that the proprietor, ruined by usury, may be +compelled to sell his possession, the means of his subsistence, +he will sell it; and, thanks to the law, accumulated property-- +devouring and anthropophagous property--will be established.[1] + +[1] "Its acquisitive nature works rapidly in the sleep of the +law. It is ready, at the word, to absorb every thing. Witness +the famous equivocation about the ox-hide which, when cut up into +thongs, was large enough to enclose the site of Carthage. . . . +The legend has reappeared several times since Dido. . . . Such +is the love of man for the land. Limited by tombs, measured by +the members of the human body, by the thumb, the foot, and the +arm, it harmonizes, as far as possible, with the very proportions +of man. Nor is be satisfied yet: he calls Heaven to witness that +it is his; he tries to or his land, to give it the form of +heaven. . . . In his titanic intoxication, he describes property +in the very terms which he employs in describing the +Almighty--_fundus_ _optimus maximus_. . . . He shall make it his +couch, and they shall be separated no more,--{GREEK, ` nf g + +h g g ."}--Michelet:Origin of French Law. + + + + +The immediate and secondary cause of the decline of the Romans +was, then, the internal dissensions between the two orders of the +republic,--the patricians and the plebeians,--dissensions which +gave rise to civil wars, proscriptions, and loss of liberty, and +finally led to the empire; but the primary and mediate cause of +their decline was the establishment by Numa of the institution of +property. + +I end with an extract from a work which I have quoted several +times already, and which has recently received a prize from the +Academy of Moral and Political Sciences:-- + + +"The concentration of property," says M. Laboulaye, "while +causing extreme poverty, forced the emperors to feed and amuse +the people, that they might forget their misery. _Panem et +circenses:_ that was the Roman law in regard to the poor; a dire +and perhaps a necessary evil wherever a landed aristocracy +exists. + +"To feed these hungry mouths, grain was brought from Africa and +the provinces, and distributed gratuitously among the needy. In +the time of Caesar, three hundred and twenty thousand people were +thus fed. Augustus saw that such a measure led directly to the +destruction of husbandry; but to abolish these distributions was +to put a weapon within the reach of the first aspirant for power. + +The emperor shrank at the thought. + +"While grain was gratuitous, agriculture was impossible. Tillage +gave way to pasturage, another cause of depopulation, even among +slaves. + +"Finally, luxury, carried further and further every day, covered +the soil of Italy with elegant villas, which occupied whole +cantons. Gardens and groves replaced the fields, and the free +population fled to the towns. Husbandry disappeared almost +entirely, and with husbandry the husbandman. Africa furnished +the wheat, and Greece the wine. Tiberius complained bitterly of +this evil, which placed the lives of the Roman people at the +mercy of the winds and waves: that was his anxiety. One day +later, and three hundred thousand starving men walked the +streets of Rome: that was a revolution. + +"This decline of Italy and the provinces did not stop. After the +reign of Nero, depopulation commenced in towns as noted as Antium +and Tarentum. Under the reign of Pertinax, there was so much +desert land that the emperor abandoned it, even that which +belonged to the treasury, to whoever would cultivate it, besides +exempting the farmers from taxation for a period of ten years. +Senators were compelled to invest one-third of their fortunes in +real estate in Italy; but this measure served only to increase +the evil which they wished to cure. To force the rich to possess +in Italy was to increase the large estates which had ruined the +country. And must I say, finally, that Aurelian wished to send +the captives into the desert lands of Etruria, and that +Valentinian was forced to settle the Alamanni on the fertile +banks of the Po?" + + +If the reader, in running through this book, should complain of +meeting with nothing but quotations from other works, extracts +from journals and public lectures, comments upon laws, and +interpretations of them, I would remind him that the very object +of this memoir is to establish the conformity of my opinion +concerning property with that universally held; that, far from +aiming at a paradox, it has been my main study to follow the +advice of the world; and, finally, that my sole pretension is to +clearly formulate the general belief. I cannot repeat it too +often,--and I confess it with pride,--I teach absolutely nothing +that is new; and I should regard the doctrine which I advocate as +radically erroneous, if a single witness should testify against +it. + +Let us now trace the revolutions in property among the +Barbarians. + +As long as the German tribes dwelt in their forests, it did not +occur to them to divide and appropriate the soil. The land was +held in common: each individual could plow, sow, and reap. But, +when the empire was once invaded, they bethought themselves of +sharing the land, just as they shared spoils after a +victory. "Hence," says M. Laboulaye, "the expressions _sortes +Burgundiorum Gothorum_ and {GREEK, ` k }; hence the +German words _allod_, allodium, and _loos_, lot, which are used +in all modern languages to designate the gifts of chance." + +Allodial property, at least with the mass of coparceners, was +originally held, then, in equal shares; for all of the prizes +were equal, or, at least, equivalent. This property, like that +of the Romans, was wholly individual, independent, exclusive, +transferable, and consequently susceptible of accumulation and +invasion. But, instead of its being, as was the case among the +Romans, the large estate which, through increase and usury, +subordinated and absorbed the small one, among the Barbarians-- +fonder of war than of wealth, more eager to dispose of persons +than to appropriate things--it was the warrior who, through +superiority of arms, enslaved his adversary. The Roman wanted +matter; the Barbarian wanted man. Consequently, in the feudal +ages, rents were almost nothing,--simply a hare, a partridge, a +pie, a few pints of wine brought by a little girl, or a Maypole +set up within the suzerain's reach. In return, the vassal or +incumbent had to follow the seignior to battle (a thing which +happened almost every day), and equip and feed himself at his own +expense. "This spirit of the German tribes--this spirit of +companionship and association--governed the territory as it +governed individuals. The lands, like the men, were secured to a +chief or seignior by a bond of mutual protection and fidelity. +This subjection was the labor of the German epoch which gave +birth to feudalism. By fair means or foul, every proprietor who +could not be a chief was forced to be a vassal." (Laboulaye: +History of Property.) + +By fair means or foul, every mechanic who cannot be a master +has to be a journeyman; every proprietor who is not an invader +will be invaded; every producer who cannot, by the exploitation +of other men, furnish products at less than their proper value, +will lose his labor. Corporations and masterships, which are +hated so bitterly, but which will reappear if we are not careful, +are the necessary results of the principle of competition which +is inherent in property; their organization was patterned +formerly after that of the feudal hierarchy, which was the result +of the subordination of men and possessions. + +The times which paved the way for the advent of feudalism and the +reappearance of large proprietors were times of carnage and the +most frightful anarchy. Never before had murder and violence +made such havoc with the human race. The tenth century, among +others, if my memory serves me rightly, was called the CENTURY +OF IRON. His property, his life, and the honor of his wife and +children always in danger the small proprietor made haste to do +homage to his seignior, and to bestow something on the church of +his freehold, that he might receive protection and security. + + +"Both facts and laws bear witness that from the sixth to the +tenth century the proprietors of small freeholds were gradually +plundered, or reduced by the encroachments of large proprietors +and counts to the condition of either vassals or tributaries. +The Capitularies are full of repressive provisions; but the +incessant reiteration of these threats only shows the +perseverance of the evil and the impotency of the government. +Oppression, moreover, varies but little in its methods. The +complaints of the free proprietors, and the groans of the +plebeians at the time of the Gracchi, were one and the same. It +is said that, whenever a poor man refused to give his estate to +the bishop, the curate, the count, the judge, or the centurion, +these immediately sought an opportunity to ruin him. They made +him serve in the army until, completely ruined, he was induced, +by fair means or foul, to give up his freehold."--Laboulaye: +History of Property. + +How many small proprietors and manufacturers have not been ruined +by large ones through chicanery, law-suits, and competition? +Strategy, violence, and usury,--such are the proprietor's methods +of plundering the laborer. + +Thus we see property, at all ages and in all its forms, +oscillating by virtue of its principle between two opposite +terms,--extreme division and extreme accumulation. + +Property, at its first term, is almost null. Reduced to personal +exploitation, it is property only potentially. At its second +term, it exists in its perfection; then it is truly property. + +When property is widely distributed, society thrives, progresses, +grows, and rises quickly to the zenith of its power. Thus, the +Jews, after leaving Babylon with Esdras and Nehemiah, soon became +richer and more powerful than they had been under their kings. +Sparta was in a strong and prosperous condition during the two or +three centuries which followed the death of Lycurgus. The best +days of Athens were those of the Persian war; Rome, whose +inhabitants were divided from the beginning into two classes,-- +the exploiters and the exploited,--knew no such thing as peace. + +When property is concentrated, society, abusing itself, polluted, +so to speak, grows corrupt, wears itself out--how shall I express +this horrible idea?--plunges into long-continued and fatal +luxury. + +When feudalism was established, society had to die of the same +disease which killed it under the Caesars,--I mean accumulated +property. But humanity, created for an immortal destiny, is +deathless; the revolutions which disturb it are purifying crises, +invariably followed by more vigorous health. In the fifth +century, the invasion of the Barbarians partially restored the +world to a state of natural equality. In the twelfth +century, a new spirit pervading all society gave the slave his +rights, and through justice breathed new life into the heart of +nations. It has been said, and often repeated, that Christianity +regenerated the world. That is true; but it seems to me that +there is a mistake in the date. Christianity had no influence +upon Roman society; when the Barbarians came, that society had +disappeared. For such is God's curse upon property; every +political organization based upon the exploitation of man . +shall perish: slave-labor is death to the race of tyrants. The +patrician families became extinct, as the feudal families did, +and as all aristocracies must. + +It was in the middle ages, when a reactionary movement was +beginning to secretly undermine accumulated property, that the +influence of Christianity was first exercised to its full extent. + +The destruction of feudalism, the conversion of the serf into the +commoner, the emancipation of the communes, and the admission of +the Third Estate to political power, were deeds accomplished by +Christianity exclusively. I say Christianity, not +ecclesiasticism; for the priests and bishops were themselves +large proprietors, and as such often persecuted the villeins. +Without the Christianity of the middle ages, the existence of +modern society could not be explained, and would not be possible. + +The truth of this assertion is shown by the very facts which M. +Laboulaye quotes, although this author inclines to the opposite +opinion.[1] + +[1] M. Guizot denies that Christianity alone is entitled to the +glory of the abolition of slavery. "To this end," he says, "many +causes were necessary,--the evolution of other ideas and other +principles of civilization." So general an assertion cannot be +refuted. Some of these ideas and causes should have been pointed +out, that we might judge whether their source was not wholly +Christian, or whether at least the Christian spirit had not +penetrated and thus fructified them. Most of the emancipation +charters begin with these words: "For the love of God and the +salvation of my soul." + +Now, we did not commence to love God and to think of our +salvation until after the promulgation of the Gospel. + + + + +1. Slavery among the Romans.--"The Roman slave was, in the eyes +of the law, only a thing,--no more than an ox or a horse. He had +neither property, family, nor personality; he was defenceless +against his master's cruelty, folly, or cupidity. `Sell your +oxen that are past use,' said Cato, `sell your calves, your +lambs, your wool, your hides, your old ploughs, your old iron, +your old slave, and your sick slave, and all that is of no use to +you.' When no market could be found for the slaves that were +worn out by sickness or old age, they were abandoned to +starvation. Claudius was the first defender of this shameful +practice." + + +"Discharge your old workman," says the economist of the +proprietary school; "turn off that sick domestic, that toothless +and worn-out servant. Put away the unserviceable beauty; to the +hospital with the useless mouths!" + + +"The condition of these wretched beings improved but little under +the emperors; and the best that can be said of the goodness of +Antoninus is that he prohibited intolerable cruelty, as an ABUSE +OF PROPERTY. _Expedit enim reipublicae ne quis re re sua male +utatur_, says Gaius. + +"As soon as the Church met in council, it launched an anathema +against the masters who had exercised over their slaves this +terrible right of life and death. Were not the slaves, thanks to +the right of sanctuary and to their poverty, the dearest proteges +of religion? Constantine, who embodied in the laws +the grand ideas of Christianity, valued the life of a slave as +highly as that of a freeman, and declared the master, who had +intentionally brought death upon his slave, guilty of murder. +Between this law and that of Antoninus there is a complete +revolution in moral ideas: the slave was a thing; religion has +made him a man." + +Note the last words: "Between the law of the Gospel and that of +Antoninus there is a complete revolution in moral ideas: the +slave was a thing; religion has made him a man." The moral +revolution which transformed the slave into a +citizen was effected, then, by Christianity before the +Barbarians set foot upon the soil of the empire. We have only to +trace the progress of this MORAL revolution in the PERSONNEL +of society. "But," M. Laboulaye rightly says, "it did not change +the condition of men in a moment, any more than that of things; +between slavery and liberty there was an abyss which could not be +filled in a day; the transitional step was servitude." + +Now, what was servitude? In what did it differ from Roman +slavery, and whence came this difference? Let the same author +answer. + + +2. Of servitude.--"I see, in the lord's manor, slaves charged +with domestic duties. Some are employed in the personal service +of the master; others are charged with household cares. The +women spin the wool; the men grind the grain, make the bread, or +practise, in the interest of the seignior, what little they know +of the industrial arts. The master punishes them when he +chooses, kills them with impunity, and sells them and theirs like +so many cattle. The slave has no personality, and consequently +no _wehrgeld_[1] peculiar to himself: he is a thing. The +_wehrgeld_ belongs to the master as a compensation for the loss +of his property. Whether the slave is killed or stolen, the +indemnity does not change, for the injury is the same; but the +indemnity increases or diminishes according to the value of the +serf. In all these particulars Germanic slavery and Roman +servitude are alike." + +[1] _Weregild_,--the fine paid for the murder of a man. So much +for a count, so much for a baron, so much for a freeman, so much +for a priest; for a slave, nothing. His value was restored to +the proprietor. + + + + +This similarity is worthy of notice. Slavery is always the same, +whether in a Roman villa or on a Barbarian farm. The man, like +the ox and the ass, is a part of the live-stock; a price is set +upon his head; he is a tool without a conscience, a chattel +without personality, an impeccable, irresponsible being, who has +neither rights nor duties. + + +Why did his condition improve? + + +"In good season . . ." [when ?] "the serf began to be regarded as +a man; and, as such, the law of the Visigoths, under the +influence of Christian ideas, punished with fine or banishment +any one who maimed or killed him." + + +Always Christianity, always religion, though we should like to +speak of the laws only. Did the philanthropy of the Visigoths +make its first appearance before or after the preaching of the +Gospel? This point must be cleared up. + + +"After the conquest, the serfs were scattered over the large +estates of the Barbarians, each having his house, his lot, and +his peculium, in return for which he paid rent and performed +service. They were rarely separated from their homes when their +land was sold; they and all that they had became the property of +the purchaser. The law favored this realization of the serf, in +not allowing him to be sold out of the country." + + +What inspired this law, destructive not only of slavery, but of +property itself? For, if the master cannot drive from his domain +the slave whom he has once established there, it follows that the +slave is proprietor, as well as the master. + + +"The Barbarians," again says M. Laboulaye, "were the first to +recognize the slave's rights of family and property,--two rights +which are incompatible with slavery." + + +But was this recognition the necessary result of the mode of +servitude in vogue among the Germanic nations previous to their +conversion to Christianity, or was it the immediate effect of +that spirit of justice infused with religion, by which the +seignior was forced to respect in the serf a soul equal to his +own, a brother in Jesus Christ, purified by the same baptism, and +redeemed by the same sacrifice of the Son of God in the form of +man? For we must not close our eyes to the fact that, though the +Barbarian morals and the ignorance and carelessness of the +seigniors, who busied themselves mainly with wars and battles, +paying little or no attention to agriculture, may have been great +aids in the emancipation of the serfs, still the vital principle +of this emancipation was essentially Christian. Suppose that the +Barbarians had remained Pagans in the midst of a Pagan world. As +they did not change the Gospel, so they would not have changed +the polytheistic customs; slavery would have remained what it +was; they would have continued to kill the slaves who were +desirous of liberty, family, and property; whole nations would +have been reduced to the condition of Helots; nothing would have +changed upon the terrestrial stage, except the actors. The +Barbarians were less selfish, less imperious, less dissolute, and +less cruel than the Romans. Such was the nature upon which, +after the fall of the empire and the renovation of society, +Christianity was to act. But this nature, grounded as in former +times upon slavery and war, would, by its own energy, have +produced nothing but war and slavery. + + +"GRADUALLY the serfs obtained the privilege of being judged by +the same standard as their masters. . . ." + + +When, how, and by what title did they obtain this privilege? + + +GRADUALLY their duties were regulated." + + +Whence came the regulations? Who had the authority to introduce +them? + + +"The master took a part of the labor of the serf,--three days, +for instance,--and left the rest to him. As for Sunday, that +belonged to God." + + +And what established Sunday, if not religion? Whence I infer, +that the same power which took it upon itself to suspend +hostilities and to lighten the duties of the serf was also +that which regulated the judiciary and created a sort of law +for the slave. + +But this law itself, on what did it bear?--what was its +principle?--what was the philosophy of the councils and popes +with reference to this matter? The reply to all these questions, +coming from me alone, would be distrusted. The authority of M. +Laboulaye shall give credence to my words. This holy philosophy, +to which the slaves were indebted for every thing, this +invocation of the Gospel, was an anathema against property. + +The proprietors of small freeholds, that is, the freemen of the +middle class, had fallen, in consequence of the tyranny of the +nobles, into a worse condition than that of the tenants and +serfs. "The expenses of war weighed less heavily upon the serf +than upon the freeman; and, as for legal protection, the +seigniorial court, where the serf was judged by his peers, was +far preferable to the cantonal assembly. It was better to have a +noble for a seignior than for a judge." + +So it is better to-day to have a man of large capital for an +associate than for a rival. The honest tenant--the laborer who +earns weekly a moderate but constant salary--is more to be envied +than the independent but small farmer, or the poor licensed +mechanic. + +At that time, all were either seigniors or serfs, oppressors or +oppressed. "Then, under the protection of convents, or of the +seigniorial turret, new societies were formed, which silently +spread over the soil made fertile by their hands, and which +derived their power from the annihilation of the free classes +whom they enlisted in their behalf. As tenants, these men +acquired, from generation to generation, sacred rights over the +soil which they cultivated in the interest of lazy and pillaging +masters. As fast as the social tempest abated, it became +necessary to respect the union and heritage of these villeins, +who by their labor had truly prescribed the soil for their own +profit." + +I ask how prescription could take effect where a contrary title +and possession already existed? M. Laboulaye is a lawyer. +Where, then, did he ever see the labor of the slave and the +cultivation by the tenant prescribe the soil for their own +profit, to the detriment of a recognized master daily acting as a +proprietor? Let us not disguise matters. As fast as the tenants +and the serfs grew rich, they wished to be independent and free; +they commenced to associate, unfurl their municipal banners, +raise belfries, fortify their towns, and refuse to pay their +seigniorial dues. In doing these things they were perfectly +right; for, in fact, their condition was intolerable. But in +law--I mean in Roman and Napoleonic law--their refusal to obey +and pay tribute to their masters was illegitimate. + +Now, this imperceptible usurpation of property by the commonalty +was inspired by religion. + +The seignior had attached the serf to the soil; religion granted +the serf rights over the soil. The seignior imposed duties upon +the serf; religion fixed their limits. The seignior could kill +the serf with impunity, could deprive him of his wife, violate +his daughter, pillage his house, and rob him of his savings; +religion checked his invasions: it excommunicated the seignior. +Religion was the real cause of the ruin of feudal property. Why +should it not be bold enough to-day to resolutely condemn +capitalistic property? Since the middle ages, there has been no +change in social economy except in its forms; its relations +remain unaltered. + +The only result of the emancipation of the serfs was that +property changed hands; or, rather, that new proprietors were +created. Sooner or later the extension of privilege, far +from curing the evil, was to operate to the disadvantage of the +plebeians. Nevertheless, the new social organization did not +meet with the same end in all places. In Lombardy, for example, +where the people rapidly growing rich through commerce and +industry soon conquered the authorities, even to the exclusion of +the nobles,--first, the nobility became poor and degraded, and +were forced, in order to live and maintain their credit, to gain +admission to the guilds; then, the ordinary subalternization of +property leading to inequality of fortunes, to wealth and +poverty, to jealousies and hatreds, the cities passed rapidly +from the rankest democracy under the yoke of a few ambitious +leaders. Such was the fate of most of the Lombardic cities,-- +Genoa, Florence, Bologna, Milan, Pisa, &c,.--which afterwards +changed rulers frequently, but which have never since risen in +favor of liberty. The people can easily escape from the tyranny +of despots, but they do not know how to throw off the effects of +their own despotism; just as we avoid the assassin's steel, while +we succumb to a constitutional malady. As soon as a nation +becomes proprietor, either it must perish, or a foreign invasion +must force it again to begin its evolutionary round.[1] + +[1] The spirit of despotism and monopoly which animated the +communes has not escaped the attention of historians. "The +formation of the commoners' associations," says Meyer, "did not +spring from the true spirit of liberty, but from the desire for +exemption from the charges of the seigniors, from individual +interests, and jealousy of the welfare of others. . . . Each +commune or corporation opposed the creation of every other; and +this spirit increased to such an extent that the King of England, +Henry V., having established a university at Caen, in 1432, the +city and university of Paris opposed the registration of the +edict. + +"The communes once organized, the kings treated them as superior +vassals. Now, just as the under vassal had no communication with +the king except through the direct vassal, so also the +commoners could enter no complaints except through the commune. + +"Like causes produce like effects. Each commune became a small +and separate State, governed by a few citizens, who sought to +extend their authority over the others; who, in their turn, +revenged themselves upon the unfortunate inhabitants who had not +the right of citizenship. Feudalism in unemancipated countries, +and oligarchy in the communes, made nearly the same ravages. +There were sub-associations, fraternities, tradesmen's +associations in the communes, and colleges in the universities. +The oppression was so great, that it was no rare thing to see the +inhabitants of a commune demanding its suppression. . . ."-- +Meyer: Judicial Institutions of Europe. + + + + +In France, the Revolution was much more gradual. The communes, +in taking refuge under the protection of the kings, had found +them masters rather than protectors. Their liberty had long +since been lost, or, rather, their emancipation had been +suspended, when feudalism received its death-blow at the hand of +Richelieu. Then liberty halted; the prince of the feudatories +held sole and undivided sway. The nobles, the clergy, the +commoners, the parliaments, every thing in short except a few +seeming privileges, were controlled by the king; who, like his +early predecessors, consumed regularly, and nearly always in +advance, the revenues of his domain,--and that domain was France. + +Finally, '89 arrived; liberty resumed its march; a century and a +half had been required to wear out the last form of feudal +property,--monarchy. + +The French Revolution may be defined as _the substitution of real +right for personal right;_ that is to say, in the days of +feudalism, the value of property depended upon the standing of +the proprietor, while, after the Revolution, the regard for the +man was proportional to his property. Now, we have seen from +what has been said in the preceding pages, that this recognition +of the right of laborers had been the constant aim of the serfs +and communes, the secret motive of their +efforts. The movement of '89 was only the last stage of +that long insurrection. But it seems to me that we have not paid +sufficient attention to the fact that the Revolution of 1789, +instigated by the same causes, animated by the same spirit, +triumphing by the same struggles, was consummated in Italy four +centuries ago. Italy was the first to sound the signal of war +against feudalism; France has followed; Spain and England are +beginning to move; the rest still sleep. If a grand example +should be given to the world, the day of trial would be much +abridged. + +Note the following summary of the revolutions of property, from +the days of the Roman Empire down to the present time:-- + +1. Fifth century.-- Barbarian invasions; division of the lands +of the empire into independent portions or freeholds. + +2. From the fifth to the eighth century.--Gradual concentration +of freeholds, or transformation of the small freeholds into +fiefs, feuds, tenures, &c. Large properties, small possessions. +Charlemagne (771-814) decrees that all freeholds are dependent +upon the king of France. + +3. From the eighth to the tenth century.--The relation between +the crown and the superior dependents is broken; the latter +becoming freeholders, while the smaller dependents cease to +recognize the king, and adhere to the nearest suzerain. Feudal +system. + +4. Twelfth century.--Movement of the serfs towards liberty; +emancipation of the communes. + +5. Thirteenth century.--Abolition of personal right, and of the +feudal system in Italy. Italian Republics. + +6. Seventeenth century.--Abolition of feudalism in France +during Richelieu's ministry. Despotism. + +7. 1789.--Abolition of all privileges of birth, caste, provinces, +and corporations; equality of persons and of rights. French +democracy. + +8. 1830.--The principle of concentration inherent in individual +property is REMARKED. Development of the idea of association. + + +The more we reflect upon this series of transformations and +changes, the more clearly we see that they were necessary in +their principle, in their manifestations, and in their result. + +It was necessary that inexperienced conquerors, eager for +liberty, should divide the Roman Empire into a multitude of +estates, as free and independent as themselves. + +It was necessary that these men, who liked war even better than +liberty, should submit to their leaders; and, as the freehold +represented the man, that property should violate property. + +It was necessary that, under the rule of a nobility always idle +when not fighting, there should grow up a body of laborers, who, +by the power of production, and by the division and circulation +of wealth, would gradually gain control over commerce, industry, +and a portion of the land, and who, having become rich, would +aspire to power and authority also. + +It was necessary, finally, that liberty and equality of rights +having been achieved, and individual property still existing, +attended by robbery, poverty, social inequality, and oppression, +there should be an inquiry into the cause of this evil, and an +idea of universal association formed, whereby, on condition of +labor, all interests should be protected and consolidated. + +"Evil, when carried too far," says a learned jurist, "cures +itself; and the political innovation which aims to increase the +power of the State, finally succumbs to the effects of its own +work. The Germans, to secure their independence, chose chiefs; +and soon they were oppressed by their kings and noblemen. The +monarchs surrounded themselves with volunteers, in order to +control the freemen; and they found themselves dependent upon +their proud vassals. The _missi dominici_ were sent into the +provinces to maintain the power of the emperors, and to protect +the people from the oppressions of the noblemen; and not only did +they usurp the imperial power to a great extent, but they dealt +more severely with the inhabitants. The freemen became vassals, +in order to get rid of military service and court duty; and they +were immediately involved in all the personal quarrels of their +seigniors, and compelled to do jury duty in their courts. . . . +The kings protected the cities and the communes, in the hope of +freeing them from the yoke of the grand vassals, and of rendering +their own power more absolute; and those same communes have, in +several European countries, procured the establishment of a +constitutional power, are now holding royalty in check, and are +giving rise to a universal desire for political reform."--Meyer: +Judicial Institutions of Europe. + + +In recapitulation. + +What was feudalism? A confederation of the grand seign iors +against the villeins, and against the king.[1] What is +constitutional government? A confederation of the bourgeoisie +against the laborers, and against the king.[2] + +[1] Feudalism was, in spirit and in its providential destiny, a +long protest of the human personality against the monkish +communism with which Europe, in the middle ages, was overrun. +After the orgies of Pagan selfishness, society--carried to the +opposite extreme by the Christian religion--risked its life by +unlimited self-denial and absolute indifference to the pleasures +of the world. Feudalism was the balance-weight which saved +Europe from the combined influence of the religious communities +and the Manlchean sects which had sprung up since the fourth +century under different names and in different countries. Modern +civilization is indebted to feudalism for the definitive +establishment of the person, of marriage, of the family, and of +country. (See, on this subject, Guizot, "History of Civilization +in Europe.") + +[2] This was made evident in July, 1830, and the years which +followed it, when the electoral bourgeoisie effected a +revolution in order to get control over the king, and suppressed +the emeutes in order to restrain the people. The bourgeoisie, +through the jury, the magistracy, its position in the army, and +its municipal despotism, governs both royalty and the people. It +is the bourgeoisie which, more than any other class, is +conservative and retrogressive. It is the bourgeoisie which +makes and unmakes ministries. It is the bourgeoisie which has +destroyed the influence of the Upper Chamber, and which will +dethrone the King whenever he shall become unsatisfactory to it. +It is to please the bourgeoisie that royalty makes itself +unpopular. It is the bourgeoisie which is troubled at the hopes +of the people, and which hinders reform. The journals of the +bourgeoisie are the ones which preach morality and religion to +us, while reserving scepticism and indifference for themselves; +which attack personal government, and favor the denial of the +electoral privilege to those who have no property. The +bourgeoisie will accept any thing rather than the emancipation +of the proletariat. As soon as it thinks its privileges +threatened, it will unite with royalty; and who does not know +that at this very moment these two antagonists have suspended +their quarrels? . . . It has been a question of property. + + + + +How did feudalism end? In the union of the communes and the +royal authority. How will the bourgeoisie aristocracy end? In +the union of the proletariat and the sovereign power. + +What was the immediate result of the struggle of the communes and +the king against the seigniors? The monarchical unity of Louis +XIV. What will be the result of the struggle of the proletariat +and the sovereign power combined against the bourgeoisie? The +absolute unity of the nation and the government. + +It remains to be seen whether the nation, one and supreme, will +be represented in its executive and central power by ONE, by +FIVE, by ONE HUNDRED, or ONE THOUSAND; that is, it remains +to be seen, whether the royalty of the barricades intends to +maintain itself by the people, or without the people, and whether +Louis Philippe wishes his reign to be the most famous in all +history. + +I have made this statement as brief, but at the same time as +accurate as I could, neglecting facts and details, that I +might give the more attention to the economical relations of +society. For the study of history is like the study of the human +organism; just as the latter has its system, its organs, and its +functions, which can be treated separately, so the former has its +ensemble, its instruments, and its causes. Of course I do not +pretend that the principle of property is a complete resume of +all the social forces; but, as in that wonderful machine which we +call our body, the harmony of the whole allows us to draw a +general conclusion from the consideration of a single function or +organ, so, in discussing historical causes, I have been able to +reason with absolute accuracy from a single order of facts, +certain as I was of the perfect correlation which exists between +this special order and universal history. As is the property of +a nation, so is its family, its marriage, its religion, its civil +and military organization, and its legislative and judicial +institutions. History, viewed from this standpoint, is a grand +and sublime psychological study. + +Well, sir, in writing against property, have I done more than +quote the language of history? I have said to modern society,-- +the daughter and heiress of all preceding societies,--_Age guod +agis:_ complete the task which for six thousand years you have +been executing under the inspiration and by the command of God; +hasten to finish your journey; turn neither to the right nor the +left, but follow the road which lies before you. You seek +reason, law, unity, and discipline; but hereafter you can find +them only by stripping off the veils of your infancy, and ceasing +to follow instinct as a guide. Awaken your sleeping conscience; +open your eyes to the pure light of reflection and science; +behold the phantom which troubled your dreams, and so long kept +you in a state of unutterable anguish. Know thyself, O +long-deluded society[1] know thy enemy! . . . And I have +denounced property. + +We often hear the defenders of the right of domain quote in +defence of their views the testimony of nations and ages. We can +judge, from what has just been said, how far this historical +argument conforms to the real facts and the conclusions of +science. + +To complete this apology, I must examine the various theories. + +Neither politics, nor legislation, nor history, can be explained +and understood, without a positive theory which defines their +elements, and discovers their laws; in short, without a +philosophy. Now, the two principal schools, which to this day +divide the attention of the world, do not satisfy this condition. + +The first, essentially PRACTICAL in its character, confined to +a statement of facts, and buried in learning, cares very little +by what laws humanity develops itself. To it these laws are the +secret of the Almighty, which no one can fathom without a +commission from on high. In applying the facts of history to +government, this school does not reason; it does not anticipate; +it makes no comparison of the past with the present, in order to +predict the future. In its opinion, the lessons of experience +teach us only to repeat old errors, and its whole philosophy +consists in perpetually retracing the tracks of antiquity, +instead of going straight ahead forever in the direction in which +they point. + +The second school may be called either FATALISTIC or +PANTHEISTIC. To it the movements of empires and the +revolutions of humanity are the manifestations, the incarnations, +of the Almighty. The human race, identified with the divine +essence, wheels in a circle of appearances, informations, +and destructions, which necessarily excludes the idea of absolute +truth, and destroys providence and liberty. + +Corresponding to these two schools of history, there are two +schools of jurisprudence, similarly opposed, and possessed of the +same peculiarities. + +1. The practical and conventional school, to which the law is +always a creation of the legislator, an expression of his will, a +privilege which he condescends to grant,--in short, a gratuitous +affirmation to be regarded as judicious and legitimate, no matter +what it declares. + +2. The fatalistic and pantheistic school, sometimes called the +historical school, which opposes the despotism of the first, and +maintains that law, like literature and religion, is always the +expression of society,--its manifestation, its form, the external +realization of its mobile spirit and its ever-changing +inspirations. + +Each of these schools, denying the absolute, rejects thereby all +positive and a priori philosophy. + +Now, it is evident that the theories of these two schools, +whatever view we take of them, are utterly unsatisfactory: for, +opposed, they form no dilemma,--that is, if one is false, it does +not follow that the other is true; and, united, they do not +constitute the truth, since they disregard the absolute, without +which there is no truth. They are respectively a THESIS and an +ANTITHESIS. There remains to be found, then, a SYNTHESIS, +which, predicating the absolute, justifies the will of the +legislator, explains the variations of the law, annihilates the +theory of the circular movement of humanity, and demonstrates its +progress. + +The legists, by the very nature of their studies and in spite of +their obstinate prejudices, have been led irresistibly to +suspect that the absolute in the science of law is not as +chimerical as is commonly supposed; and this suspicion arose from +their comparison of the various relations which legislators have +been called upon to regulate. + +M. Laboulaye, the laureate of the Institute, begins his "History +of Property" with these words:-- + + +"While the law of contract, which regulates only the mutual +interests of men, has not varied for centuries (except in certain +forms which relate more to the proof than to the character of the +obligation), the civil law of property, which regulates the +mutual relations of citizens, has undergone several radical +changes, and has kept pace in its variations with all the +vicissitudes of society. The law of contract, which holds +essentially to those principles of eternal justice which are +engraven upon the depths of the human heart, is the immutable +element of jurisprudence, and, in a certain sense, its +philosophy. Property, on the contrary, is the variable element +of jurisprudence, its history, its policy." + + +Marvellous! There is in law, and consequently in politics, +something variable and something invariable. The invariable +element is obligation, the bond of justice, duty; the variable +element is property,--that is, the external form of law, the +subject-matter of the contract. Whence it follows that the law +can modify, change, reform, and judge property. Reconcile that, +if you can, with the idea of an eternal, absolute, permanent, and +indefectible right. + +However, M. Laboulaye is in perfect accord with himself when he +adds, "Possession of the soil rests solely upon force until +society takes it in hand, and espouses the cause of the +possessor;"[1] and, a little farther, "The right of property is +not natural, but social. The laws not only protect +property: they give it birth," &c. Now, that which the law has +made the law can unmake; especially since, according to M. +Laboulaye,--an avowed partisan of the historical or pantheistic +school,--the law is not absolute, is not an idea, but a form. + +[1] The same opinion was recently expressed from the tribune by +one of our most honorable Deputies, M. Gauguier. "Nature," said +he, "has not endowed man with landed property." Changing the +adjective LANDED, which designates only a species into +CAPITALISTIC, which denotes the genus,--M. Gauguier made an +egalitaire profession of faith. + + + + +But why is it that property is variable, and, unlike obligation, +incapable of definition and settlement? Before affirming, +somewhat boldly without doubt, that in right there are no +absolute principles (the most dangerous, most immoral, most +tyrannical--in a word, most anti-social--assertion imaginable), +it was proper that the right of property should be subjected to a +thorough examination, in order to put in evidence its variable, +arbitrary, and contingent elements, and those which are eternal, +legitimate, and absolute; then, this operation performed, it +became easy to account for the laws, and to correct all the +codes. + +Now, this examination of property I claim to have made, and in +the fullest detail; but, either from the public's lack of +interest in an unrecommended and unattractive pamphlet, or--which +is more probable--from the weakness of exposition and want of +genius which characterize the work, the First Memoir on Property +passed unnoticed; scarcely would a few communists, having turned +its leaves, deign to brand it with their disapprobation. You +alone, sir, in spite of the disfavor which I showed for your +economical predecessors in too severe a criticism of them,--you +alone have judged me justly; and although I cannot accept, at +least literally, your first judgment, yet it is to you alone that +I appeal from a decision too equivocal to be regarded as final. + +It not being my intention to enter at present into a discussion +of principles, I shall content myself with estimating, from the +point of view of this simple and intelligible absolute, the +theories of property which our generation has produced. + +The most exact idea of property is given us by the Roman law, +faithfully followed in this particular by the ancient legists. +It is the absolute, exclusive, autocratic domain of a man over a +thing,--a domain which begins by USUCAPTION, is maintained by +POSSESSION, and finally, by the aid of PRESCRIPTION, finds +its sanction in the civil law; a domain which so identifies the +man with the thing, that the proprietor can say, "He who uses my +field, virtually compels me to labor for him; therefore he owes +me compensation." + +I pass in silence the secondary modes by which property can be +acquired,--_tradition, sale, exchange, inheritance_, &c.,--which +have nothing in common with the origin of property. + +Accordingly, Pothier said THE DOMAIN OF PROPERTY, and not +simply PROPERTY. And the most learned writers on +jurisprudence--in imitation of the Roman praetor who recognized a +RIGHT OF PROPERTY and a RIGHT OF POSSESSION--have carefully +distinguished between the DOMAIN and the right of USUFRUCT, +USE, and HABITATION, which, reduced to its natural limits, is +the very expression of justice; and which is, in my opinion, to +supplant domanial property, and finally form the basis of all +jurisprudence. + +But, sir, admire the clumsiness of systems, or rather the +fatality of logic! While the Roman law and all the savants +inspired by it teach that property in its origin is the right of +first occupancy sanctioned by law, the modern legists, +dissatisfied with this brutal definition, claim that property is +based upon LABOR. Immediately they infer that he who no longer +labors, but makes another labor in his stead, loses his right to +the earnings of the latter. It is by virtue of this +principle that the serfs of the middle ages claimed a legal +right to property, and consequently to the enjoyment of political +rights; that the clergy were despoiled in '89 of their immense +estates, and were granted a pension in exchange; that at the +restoration the liberal deputies opposed the indemnity of one +billion francs. "The nation," said they, "has acquired by +twenty-five years of labor and possession the property which the +emigrants forfeited by abandonment and long idleness: why should +the nobles be treated with more favor than the priests?"[1] + +[1] A professor of comparative legislation, M. Lerminier, has +gone still farther. He has dared to say that the nation took +from the clergy all their possessions, not because of IDLENESS, +but because of UNWORTHINESS. "You have civilized the world," +cries this apostle of equality, speaking to the priests; "and for +that reason your possessions were given you. In your hands they +were at once an instrument and a reward. But you do not now +deserve them, for you long since ceased to civilize any thing +whatever. . . ." + +This position is quite in harmony with my principles, and I +heartily applaud the indignation of M. Lerminier; but I do not +know that a proprietor was ever deprived of his property because +UNWORTHY; and as reasonable, social, and even useful as the +thing may seem, it is quite contrary to the uses and customs of +property. + + + + +All usurpations, not born of war, have been caused and supported +by labor. All modern history proves this, from the end of the +Roman empire down to the present day. And as if to give a sort +of legal sanction to these usurpations, the doctrine of labor, +subversive of property, is professed at great length in the Roman +law under the name of PRESCRIPTION. + +The man who cultivates, it has been said, makes the land his own; +consequently, no more property. This was clearly seen by the old +jurists, who have not failed to denounce this novelty; while on +the other hand the young school hoots at the absurdity of the +first-occupant theory. Others have presented themselves, +pretending to reconcile the two opinions by uniting them. They +have failed, like all the _juste-milieux_ of the world, and are +laughed at for their eclecticism. At present, the alarm is in +the camp of the old doctrine; from all sides pour IN DEFENCES OF +PROPERTY, STUDIES REGARDING PROPERTY, THEORIES OF PROPERTY, each +one of which, giving the lie to the rest, inflicts a fresh wound +upon property. + +Consider, indeed, the inextricable embarrassments, the +contradictions, the absurdities, the incredible nonsense, in +which the bold defenders of property so lightly involve +themselves. I choose the eclectics, because, those killed, the +others cannot survive. + +M. Troplong, jurist, passes for a philosopher in the eyes of the +editors of "Le Droit." I tell the gentlemen of "Le Droit" that, +in the judgment of philosophers, M. Troplong is only an advocate; +and I prove my assertion. + +M. Troplong is a defender of progress. "The words of the code," +says he, "are fruitful sap with which the classic works of the +eighteenth century overflow. To wish to suppress them . . . is +to violate the law of progress, and to forget that a science +which moves is a science which grows."[1] + +[1] "Treatise on Prescription." + + + + +Now, the only mutable and progressive portion of law, as we have +already seen, is that which concerns property. If, then, you ask +what reforms are to be introduced into the right of property? M. +Troplong makes no reply; what progress is to be hoped for? no +reply; what is to be the destiny of property in case of universal +association? no reply; what is the absolute and what the +contingent, what the true and what the false, in property? no +reply. M. Troplong favors quiescence and _in statu quo_ in +regard to property. What could be more unphilosophical in a +progressive philosopher? + +Nevertheless, M. Troplong has thought about these things. "There +are," he says, "many weak points and antiquated ideas in the +doctrines of modern authors concerning property: witness the +works of MM. Toullier and Duranton." The doctrine of M. Troplong +promises, then, strong points, advanced and progressive ideas. +Let us see; let us examine:-- + + +"Man, placed in the presence of matter, is conscious of a power +over it, which has been given to him to satisfy the needs of his +being. King of inanimate or unintelligent nature, he feels that +he has a right to modify it, govern it, and fit it for his use. +There it is, the subject of property, which is legitimate only +when exercised over things, never when over persons." + + +M. Troplong is so little of a philosopher, that he does not even +know the import of the philosophical terms which he makes a show +of using. He says of matter that it is the SUBJECT of +property; he should have said the OBJECT. M. Troplong uses the +language of the anatomists, who apply the term SUBJECT to the +human matter used in their experiments. + +This error of our author is repeated farther on: "Liberty, which +overcomes matter, the subject of property, &c." The SUBJECT of +property is man; its OBJECT is matter. But even this is but a +slight mortification; directly we shall have some crucifixions. + +Thus, according to the passage just quoted, it is in the +conscience and personality of man that the principle of property +must be sought. Is there any thing new in this doctrine? +Apparently it never has occurred to those who, since the days of +Cicero and Aristotle, and earlier, have maintained that THINGS +BELONG TO THE FIRST OCCUPANT, that occupation may be +exercised by beings devoid of conscience and personality. +The human personality, though it may be the principle or the +subject of property, as matter is the object, is not the +CONDITION. Now, it is this condition which we most need to +know. So far, M. Troplong tells us no more than his masters, and +the figures with which he adorns his style add nothing to the old +idea. + +Property, then, implies three terms: The subject, the object, +and the condition. There is no difficulty in regard to the first +two terms. As to the third, the condition of property down to +this day, for the Greek as for the Barbarian, has been that of +first occupancy. What now would you have it, progressive doctor? + + +"When man lays hands for the first time upon an object without a +master, he performs an act which, among individuals, is of the +greatest importance. The thing thus seized and occupied +participates, so to speak, in the personality of him who holds +it. It becomes sacred, like himself. It is impossible to take +it without doing violence to his liberty, or to remove it without +rashly invading his person. Diogenes did but express this truth +of intuition, when he said: `Stand out of my light!'" + + +Very good! but would the prince of cynics, the very personal and +very haughty Diogenes, have had the right to charge another +cynic, as rent for this same place in the sunshine, a bone for +twenty-four hours of possession? It is that which constitutes +the proprietor; it is that which you fail to justify. In +reasoning from the human personality and individuality to the +right of property, you unconsciously construct a syllogism in +which the conclusion includes more than the premises, contrary to +the rules laid down by Aristotle. The individuality of the human +person proves INDIVIDUAL POSSESSION, originally called +_proprietas_, in opposition to collective possession, _communio_. + +It gives birth to the distinction between THINE and +MINE, true signs of equality, not, by any means, of +subordination. "From equivocation to equivocation," says M. +Michelet,[1] "property would crawl to the end of the world; man +could not limit it, were not he himself its limit. Where they +clash, there will be its frontier." In short, individuality of +being destroys the hypothesis of communism, but it does not for +that reason give birth to domain,--that domain by virtue of which +the holder of a thing exercises over the person who takes his +place a right of prestation and suzerainty, that has always been +identified with property itself. + +[1] "Origin of French Law." + + + + +Further, that he whose legitimately acquired possession injures +nobody cannot be nonsuited without flagrant injustice, is a +truth, not of INTUITION, as M. Troplong says, but of INWARD +SENSATION,[1] which has nothing to do with property. + +[1] To honor one's parents, to be grateful to one's benefactors, +to neither kill nor steal,--truths of inward sensation. To obey +God rather than men, to render to each that which is his; the +whole is greater than a part, a straight line is the shortest +road from one point to another,--truths of intuition. All are a +priori but the first are felt by the conscience, and imply only +a simple act of the soul; the second are perceived by the reason, +and imply comparison and relation. In short, the former are +sentiments, the latter are ideas. + + + + +M. Troplong admits, then, occupancy as a condition of property. +In that, he is in accord with the Roman law, in accord with MM. +Toullier and Duranton; but in his opinion this condition is not +the only one, and it is in this particular that his doctrine goes +beyond theirs. + + +"But, however exclusive the right arising from sole occupancy, +does it not become still more so, when man has moulded matter by +his labor; when he has deposited in it a portion of himself, re- +creating it by his industry, and setting upon it the seal of his +intelligence and activity? Of all conquests, that is the most +legitimate, for it is the price of labor. + +He who should deprive a man of the thing thus remodelled, +thus humanized, would invade the man himself, and would inflict +the deepest wounds upon his liberty." + + +I pass over the very beautiful explanations in which M. Troplong, +discussing labor and industry, displays the whole wealth of his +eloquence. M. Troplong is not only a philosopher, he is an +orator, an artist. HE ABOUNDS WITH APPEALS TO THE CONSCIENCE +AND THE PASSIONS. I might make sad work of his rhetoric, should +I undertake to dissect it; but I confine myself for the present +to his philosophy. + +If M. Troplong had only known how to think and reflect, before +abandoning the original fact of occupancy and plunging into the +theory of labor, he would have asked himself: "What is it to +occupy?" And he would have discovered that OCCUPANCY is only a +generic term by which all modes of possession are expressed,-- +seizure, station, immanence, habitation, cultivation, use, +consumption, &c.; that labor, consequently, is but one of a +thousand forms of occupancy. He would have understood, finally, +that the right of possession which is born of labor is governed +by the same general laws as that which results from the simple +seizure of things. What kind of a legist is he who declaims when +he ought to reason, who continually mistakes his metaphors for +legal axioms, and who does not so much as know how to obtain a +universal by induction, and form a category? + +If labor is identical with occupancy, the only benefit which it +secures to the laborer is the right of individual possession of +the object of his labor; if it differs from occupancy, it gives +birth to a right equal only to itself,--that is, a right which +begins, continues, and ends, with the labor of the occupant. It +is for this reason, in the words of the law, that one cannot +acquire a just title to a thing by labor alone. He must also +hold it for a year and a day, in order to be regarded as its +possessor; and possess it twenty or thirty years, in order to +become its proprietor. + +These preliminaries established, M. Troplong's whole structure +falls of its own weight, and the inferences, which he attempts to +draw, vanish. + +"Property once acquired by occupation and labor, it naturally +preserves itself, not only by the same means, but also by the +refusal of the holder to abdicate; for from the very fact that it +has risen to the height of a right, it is its nature to +perpetuate itself and to last for an indefinite period. . . . +Rights, considered from an ideal point of view, are imperishable +and eternal; and time, which affects only the contingent, can no +more disturb them than it can injure God himself." It is +astonishing that our author, in speaking of the IDEAL, TIME, +and ETERNITY, did not work into his sentence the DIVINE WINGS +of Plato,--so fashionable to-day in philosophical works. + +With the exception of falsehood, I hate nonsense more than any +thing else in the world. PROPERTY ONCE ACQUIRED! Good, if it +is acquired; but, as it is not acquired, it cannot be preserved. +RIGHTS ARE ETERNAL! Yes, in the sight of God, like the +archetypal ideas of the Platonists. But, on the earth, rights +exist only in the presence of a subject, an object, and a +condition. Take away one of these three things, and rights no +longer exist. Thus, individual possession ceases at the death of +the subject, upon the destruction of the object, or in case of +exchange or abandonment. + +Let us admit, however, with M. Troplong, that property is an +absolute and eternal right, which cannot be destroyed save by the +deed and at the will of the proprietor. What are the +consequences which immediately follow from this position? + +To show the justice and utility of prescription, M. Troplong +supposes the case of a bona fide possessor whom a proprietor, +long since forgotten or even unknown, is attempting to eject from +his possession. "At the start, the error of the possessor was +excusable but not irreparable. Pursuing its course and growing +old by degrees, it has so completely clothed itself in the colors +of truth, it has spoken so loudly the language of right, it has +involved so many confiding interests, that it fairly may be asked +whether it would not cause greater confusion to go back to the +reality than to sanction the fictions which it (an error, without +doubt) has sown on its way? Well, yes; it must be confessed, +without hesitation, that the remedy would prove worse than the +disease, and that its application would lead to the most +outrageous injustice." + +How long since utility became a principle of law? When the +Athenians, by the advice of Aristides, rejected a proposition +eminently advantageous to their republic, but also utterly +unjust, they showed finer moral perception and greater clearness +of intellect than M. Troplong. Property is an eternal right, +independent of time, indestructible except by the act and at the +will of the proprietor; and here this right is taken from the +proprietor, and on what ground? Good God! on the ground of +ABSENCE! Is it not true that legists are governed by caprice +in giving and taking away rights? When it pleases these +gentlemen, idleness, unworthiness, or absence can invalidate a +right which, under quite similar circumstances, labor, residence, +and virtue are inadequate to obtain. Do not be astonished that +legists reject the absolute. Their good pleasure is law, and +their disordered imaginations are the real cause of the +EVOLUTIONS in jurisprudence. + +"If the nominal proprietor should plead ignorance, his claim +would be none the more valid. Indeed, his ignorance might arise +from inexcusable carelessness, etc." + + +What! in order to legitimate dispossession through prescription, +you suppose faults in the proprietor! You blame his absence,-- +which may have been involuntary; his neglect,--not knowing what +caused it; his carelessness,--a gratuitous supposition of your +own! It is absurd. One very simple observation suffices to +annihilate this theory. Society, which, they tell us, makes an +exception in the interest of order in favor of the possessor as +against the old proprietor, owes the latter an indemnity; since +the privilege of prescription is nothing but expropriation for +the sake of public utility. + +But here is something stronger:-- + + +"In society a place cannot remain vacant with impunity. A new +man arises in place of the old one who disappears or goes away; +he brings here his existence, becomes entirely absorbed, and +devotes himself to this post which he finds abandoned. Shall the +deserter, then, dispute the honor of the victory with the soldier +who fights with the sweat standing on his brow, and bears the +burden of the day, in behalf of a cause which he deems just?" + + +When the tongue of an advocate once gets in motion, who can tell +where it will stop? M. Troplong admits and justifies usurpation +in case of the ABSENCE of the proprietor, and on a mere +presumption of his CARELESSNESS. But when the neglect is +authenticated; when the abandonment is solemnly and voluntarily +set forth in a contract in the presence of a magistrate; when the +proprietor dares to say, "I cease to labor, but I still claim a +share of the product,"--then the absentee's right of property is +protected; the usurpation of the possessor would be criminal; +farm-rent is the reward of idleness. Where is, I do not say +the consistency, but, the honesty of this law? + +Prescription is a result of the civil law, a creation of the +legislator. Why has not the legislator fixed the conditions +differently?--why, instead of twenty and thirty years, is not a +single year sufficient to prescribe?--why are not voluntary +absence and confessed idleness as good grounds for dispossession +as involuntary absence, ignorance, or apathy? + +But in vain should we ask M. Troplong, the philosopher, to tell +us the ground of prescription. Concerning the code, M. Troplong +does not reason. "The interpreter," he says, "must take things +as they are, society as it exists, laws as they are made: that is +the only sensible starting-point." Well, then, write no more +books; cease to reproach your predecessors--who, like you, have +aimed only at interpretation of the law--for having remained in +the rear; talk no more of philosophy and progress, for the lie +sticks in your throat. + +M. Troplong denies the reality of the right of possession; he +denies that possession has ever existed as a principle of +society; and he quotes M. de Savigny, who holds precisely the +opposite position, and whom he is content to leave unanswered. +At one time, M. Troplong asserts that possession and property are +CONTEMPORANEOUS, and that they exist AT THE SAME TIME, which +implies that the RIGHT of property is based on the FACT of +possession,--a conclusion which is evidently absurd; at another, +he denies that possession HAD ANY HISTORICAL EXISTENCE PRIOR TO +PROPERTY,--an assertion which is contradicted by the customs of +many nations which cultivate the land without appropriating it; +by the Roman law, which distinguished so clearly between +POSSESSION and PROPERTY; and by our code itself, which makes +possession for twenty or thirty years the condition of property. +Finally, M. Troplong goes so far as to maintain that the +Roman maxim, _Nihil comune habet proprietas cum possessione_-- +which contains so striking an allusion to the possession of the +_ager publicus_, and which, sooner or later, will be again +accepted without qualification--expresses in French law only a +judicial axiom, a simple rule forbidding the union of an _action +possessoire_ with an _action petitoire_,--an opinion as +retrogressive as it is unphilosophical. + +In treating of _actions possessoires_, M. Troplong is so +unfortunate or awkward that he mutilates economy through failure +to grasp its meaning "Just as property," he writes, "gave rise to +the action for revendication, so possession--the _jus +possessionis_--was the cause of possessory interdicts. . . . +There were two kinds of interdicts,--the interdict _recuperandae +possessionis_, and the interdict _retinendae possessionis_,-- +which correspond to our _complainte en cas de saisine et +nouvelete_. There is also a third,--_adipiscendae +possessionis_,--of which the Roman law-books speak in connection +with the two others. But, in reality, this interdict is not +possessory: for he who wishes to acquire possession by this means +does not possess, and has not possessed; and yet acquired +possession is the condition of possessory interdicts." Why is +not an action to acquire possession equally conceivable with an +action to be reinstated in possession? When the Roman plebeians +demanded a division of the conquered territory; when the +proletaires of Lyons took for their motto, _Vivre en travaillant, +ou mourir en combattant_ (to live working, or die fighting); when +the most enlightened of the modern economists claim for every man +the right to labor and to live,--they only propose this +interdict, _adipiscendae possessionis_, which embarrasses M. +Troplong so seriously. And what is my object in pleading against +property, if not to obtain possession? How is it that M. +Troplong--the legist, the orator, the philosopher--does not see +that logically this interdict must be admitted, since it is the +necessary complement of the two others, and the three united form +an indivisible trinity,--to RECOVER, to MAINTAIN, to +ACQUIRE? To break this series is to create a blank, destroy +the natural synthesis of things, and follow the example of the +geometrician who tried to conceive of a solid with only two +dimensions. But it is not astonishing that M. Troplong rejects +the third class of _actions possessoires_, when we consider that +he rejects possession itself. He is so completely controlled by +his prejudices in this respect, that he is unconsciously led, not +to unite (that would be horrible in his eyes), but to identify +the _action possessoire_ with the _action petitoire_. This could +be easily proved, were it not too tedious to plunge into these +metaphysical obscurities. + +As an interpreter of the law, M. Troplong is no more successful +than as a philosopher. One specimen of his skill in this +direction, and I am done with him:-- + + +Code of Civil Procedure, Art. 23: "_Actions possessoires_ are +only when commenced within the year of trouble by those who have +held possession for at least a year by an irrevocable title." + + +M. Troplong's comments:-- + + +"Ought we to maintain--as Duparc, Poullain, and Lanjuinais would +have us--the rule _spoliatus ante omnia restituendus_, when an +individual, who is neither proprietor nor annual possessor, is +expelled by a third party, who has no right to the estate? I +think not. Art. 23 of the Code is general: it absolutely +requires that the plaintiff in _actions possessoires_ shall have +been in peaceable possession for a year at least. That is the +invariable principle: it can in no case be modified. And why +should it be set aside? The plaintiff had no seisin; he had no +privileged possession; he had only a temporary occupancy, +insufficient to warrant in his favor the presumption of property, +which renders the annual possession so valuable. Well! this _ae +facto_ occupancy he has lost; another is invested with it: +possession is in the hands of this new-comer. Now, is not this a +case for the application of the principle, _In_ _pari causa +possesser potior habetur_? Should not the actual possessor be +preferred to the evicted possessor? Can he not meet the +complaint of his adversary by saying to him: `Prove that you +were an annual possessor before me, for you are the plaintiff. +As far as I am concerned, it is not for me to tell you how I +possess, nor how long I have possessed. _Possideo quia +possideo_. I have no other reply, no other defence. When you +have shown that your action is admissible, then we will see +whether you are entitled to lift the veil which hides the origin +of my possession.'" + + +And this is what is honored with the name of jurisprudence and +philosophy,--the restoration of force. What! when I have +"moulded matter by my labor" [I quote M. Troplong]; when I have +"deposited in it a portion of myself" [M. Troplong]; when I have +"re-created it by my industry, and set upon it the seal of my +intelligence" [M. Troplong],--on the ground that I have not +possessed it for a year, a stranger may dispossess me, and the +law offers me no protection! And if M. Troplong is my judge, M. +Troplong will condemn me! And if I resist my adversary,--if, for +this bit of mud which I may call MY FIELD, and of which they +wish to rob me, a war breaks out between the two competitors,-- +the legislator will gravely wait until the stronger, having +killed the other, has had possession for a year! No, no, +Monsieur Troplong! you do not understand the words of the law; +for I prefer to call in question your intelligence rather than +the justice of the legislator. You are mistaken in your +application of the principle, _In pari causa possessor potior +habetur:_ the actuality of possession here refers to him who +possessed at the time when the difficulty arose, not to him who +possesses at the time of the complaint. And when the code +prohibits the reception of _actions possessoires_, in cases where +the possession is not of a year's duration, it simply means that +if, before a year has elapsed, the holder relinquishes +possession, and ceases actually to occupy _in propria persona_, +he cannot avail himself of an _action possessoire_ against his +successor. In a word, the code treats possession of less than a +year as it ought to treat all possession, however long it has +existed,--that is, the condition of property ought to be, not +merely seisin for a year, but perpetual seisin. + +I will not pursue this analysis farther. When an author bases +two volumes of quibbles on foundations so uncertain, it may be +boldly declared that his work, whatever the amount of learning +displayed in it, is a mess of nonsense unworthy a critic's +attention. + +At this point, sir, I seem to hear you reproaching me for this +conceited dogmatism, this lawless arrogance, which respects +nothing, claims a monopoly of justice and good sense, and assumes +to put in the pillory any one who dares to maintain an opinion +contrary to its own. This fault, they tell me, more odious than +any other in an author, was too prominent a characteristic of my +First Memoir, and I should do well to correct it. + +It is important to the success of my defence, that I should +vindicate myself from this reproach; and since, while perceiving +in myself other faults of a different character, I still adhere +in this particular to my disputatious style, it is right that I +should give my reasons for my conduct. I act, not from +inclination, but from necessity. + +I say, then, that I treat my authors as I do for two reasons: a +REASON OF RIGHT, and a REASON OF INTENTION; both peremptory. + +1. Reason of right. When I preach equality of fortunes, I do not +advance an opinion more or less probable, a utopia more or less +ingenious, an idea conceived within my brain by means of +imagination only. I lay down an absolute truth, concerning +which hesitation is impossible, modesty superfluous, and doubt +ridiculous. + +But, do you ask, what assures me that that which I utter is true? + +What assures me, sir? The logical and metaphysical processes +which I use, the correctness of which I have demonstrated by a +priori reasoning; the fact that I possess an infallible method +of investigation and verification with which my authors are +unacquainted; and finally, the fact that for all matters relating +to property and justice I have found a formula which explains all +legislative variations, and furnishes a key for all problems. +Now, is there so much as a shadow of method in M. Toullier, M. +Troplong, and this swarm of insipid commentators, almost as +devoid of reason and moral sense as the code itself? Do you give +the name of method to an alphabetical, chronological, analogical, +or merely nominal classification of subjects? Do you give the +name of method to these lists of paragraphs gathered under an +arbitrary head, these sophistical vagaries, this mass of +contradictory quotations and opinions, this nauseous style, this +spasmodic rhetoric, models of which are so common at the bar, +though seldom found elsewhere? Do you take for philosophy this +twaddle, this intolerable pettifoggery adorned with a few +scholastic trimmings? No, no! a writer who respects himself, +never will consent to enter the balance with these manipulators +of law, misnamed JURISTS; and for my part I object to a +comparison. + +2. Reason of intention. As far as I am permitted to divulge this +secret, I am a conspirator in an immense revolution, terrible to +charlatans and despots, to all exploiters of the poor and +credulous, to all salaried idlers, dealers in political panaceas +and parables, tyrants in a word of thought and of opinion. I +labor to stir up the reason of individuals to insurrection +against the reason of authorities. + + +According to the laws of the society of which I am a member, all +the evils which afflict humanity arise from faith in external +teachings and submission to authority. And not to go outside of +our own century, is it not true, for instance, that France is +plundered, scoffed at, and tyrannized over, because she speaks in +masses, and not by heads? The French people are penned up in +three or four flocks, receiving their signal from a chief, +responding to the voice of a leader, and thinking just as he +says. A certain journal, it is said, has fifty thousand +subscribers; assuming six readers to every subscriber, we have +three hundred thousand sheep browsing and bleating at the same +cratch. Apply this calculation to the whole periodical press, +and you find that, in our free and intelligent France, there are +two millions of creatures receiving every morning from the +journals spiritual pasturage. Two millions! In other words, the +entire nation allows a score of little fellows to lead it by the +nose. + +By no means, sir, do I deny to journalists talent, science, love +of truth, patriotism, and what you please. They are very worthy +and intelligent people, whom I undoubtedly should wish to +resemble, had I the honor to know them. That of which I +complain, and that which has made me a conspirator, is that, +instead of enlightening us, these gentlemen command us, impose +upon us articles of faith, and that without demonstration or +verification. When, for example, I ask why these fortifications +of Paris, which, in former times, under the influence of certain +prejudices, and by means of a concurrence of extraordinary +circumstances supposed for the sake of the argument to have +existed, may perhaps have served to protect us, but which it is +doubtful whether our descendants will ever use,--when I ask, I +say, on what grounds they assimilate the future to a hypothetical +past, they reply that M. Thiers, who has a great mind, has +written upon this subject a report of admirable elegance and +marvellous clearness. At this I become angry, and reply that M. +Thiers does not know what he is talking about. Why, having +wanted no detached forts seven years ago, do we want them to-day? + +"Oh! damn it," they say, "the difference is great; the first +forts were too near to us; with these we cannot be bombarded." +You cannot be bombarded; but you can be blockaded, and will be, +if you stir. What! to obtain blockade forts from the Parisians, +it has sufficed to prejudice them against bombardment forts! And +they thought to outwit the government! Oh, the sovereignty of +the people! . . . + + +"Damn it! M. Thiers, who is wiser than you, says that it would be +absurd to suppose a government making war upon citizens, and +maintaining itself by force and in spite of the will of the +people. That would be absurd!" Perhaps so: such a thing has +happened more than once, and may happen again. Besides, when +despotism is strong, it appears almost legitimate. However that +may be, they lied in 1833, and they lie again in 1841,--those who +threaten us with the bomb-shell. And then, if M. Thiers is so +well assured of the intentions of the government, why does he not +wish the forts to be built before the circuit is extended? Why +this air of suspicion of the government, unless an intrigue has +been planned between the government and M. Thiers? + +"Damn it! we do not wish to be again invaded. If Paris had been +fortified in 1815, Napoleon would not have been conquered!" But +I tell you that Napoleon was not conquered, but sold; and that +if, in 1815, Paris had had fortifications, it would have been +with them as with the thirty thousand men of Grouchy, who were +misled during the battle. It is still easier to surrender forts +than to lead soldiers. Would the selfish and the cowardly +ever lack reasons for yielding to the enemy? + +"But do you not see that the absolutist courts are provoked at +our fortifications?--a proof that they do not think as you do." +You believe that; and, for my part, I believe that in reality +they are quite at ease about the matter; and, if they appear to +tease our ministers, they do so only to give the latter an +opportunity to decline. The absolutist courts are always on +better terms with our constitutional monarchy, than our monarchy +with us. Does not M. Guizot say that France needs to be defended +within as well as without? Within! against whom? Against +France. O Parisians! it is but six months since you demanded +war, and now you want only barricades. Why should the allies +fear your doctrines, when you cannot even control +yourselves? . . . How could you sustain a siege, when you weep +over the absence of an actress? + +"But, finally, do you not understand that, by the rules of modern +warfare, the capital of a country is always the objective point +of its assailants? Suppose our army defeated on the Rhine, +France invaded, and defenceless Paris falling into the hands of +the enemy. It would be the death of the administrative power; +without a head it could not live. The capital taken, the nation +must submit. What do you say to that?" + +The reply is very simple. Why is society constituted in such a +way that the destiny of the country depends upon the safety of +the capital? Why, in case our territory be invaded and Paris +besieged, cannot the legislative, executive, and military powers +act outside of Paris? Why this localization of all the vital +forces of France? . . . Do not cry out upon decentralization. +This hackneyed reproach would discredit only your own +intelligence and sincerity. It is not a question of +decentralization; it is your political fetichism which I attack. +Why should the national unity be attached to a certain place, to +certain functionaries, to certain bayonets? Why should the Place +Maubert and the Palace of the Tuileries be the palladium of +France? + +Now let me make an hypothesis. + +Suppose it were written in the charter, "In case the country be +again invaded, and Paris forced to surrender, the government +being annihilated and the national assembly dissolved, the +electoral colleges shall reassemble spontaneously and without +other official notice, for the purpose of appointing new +deputies, who shall organize a provisional government at Orleans. + +If Orleans succumbs, the government shall reconstruct itself in +the same way at Lyons; then at Bordeaux, then at Bayonne, until +all France be captured or the enemy driven from the land. For +the government may perish, but the nation never dies. The king, +the peers, and the deputies massacred, VIVE LA FRANCE!" + +Do you not think that such an addition to the charter would be a +better safeguard for the liberty and integrity of the country +than walls and bastions around Paris? Well, then! do henceforth +for administration, industry, science, literature, and art that +which the charter ought to prescribe for the central government +and common defence. Instead of endeavoring to render Paris +impregnable, try rather to render the loss of Paris an +insignificant matter. Instead of accumulating about one point +academies, faculties, schools, and political, administrative, and +judicial centres; instead of arresting intellectual development +and weakening public spirit in the provinces by this fatal +agglomeration,--can you not, without destroying unity, distribute +social functions among places as well as among persons? +Such a system--in allowing each province to participate in +political power and action, and in balancing industry, +intelligence, and strength in all parts of the country--would +equally secure, against enemies at home and enemies abroad, the +liberty of the people and the stability of the government. + +Discriminate, then, between the centralization of functions and +the concentration of organs; between political unity and its +material symbol. + +"Oh! that is plausible; but it is impossible!"--which means that +the city of Paris does not intend to surrender its privileges, +and that there it is still a question of property. + +Idle talk! The country, in a state of panic which has been +cleverly worked upon, has asked for fortifications. I dare to +affirm that it has abdicated its sovereignty. All parties are to +blame for this suicide,--the conservatives, by their acquiescence +in the plans of the government; the friends of the dynasty, +because they wish no opposition to that which pleases them, and +because a popular revolution would annihilate them; the +democrats, because they hope to rule in their turn.[1] That +which all rejoice at having obtained is a means of future +repression. As for the defence of the country, they are not +troubled about that. The idea of tyranny dwells in +the minds of all, and brings together into one conspiracy all +forms of selfishness. We wish the regeneration of society, but +we subordinate this desire to our ideas and convenience. That +our approaching marriage may take place, that our business may +succeed, that our opinions may triumph, we postpone reform. +Intolerance and selfishness lead us to put fetters upon liberty; +and, because we cannot wish all that God wishes, we would, if it +rested with us, stay the course of destiny rather than sacrifice +our own interests and self-love. Is not this an instance where +the words of Solomon apply,--"_L'iniquite a menti a elle-meme_"? + +[1] Armand Carrel would have favored the fortification of the +capital. "Le National" has said, again and again, placing the +name of its old editor by the side of the names of Napoleon and +Vauban. What signifies this exhumation of an anti-popular +politician? It signifies that Armand Carrel wished to make +government an individual and irremovable, but elective, property, +and that he wished this property to be elected, not by the +people, but by the army. The political system of Carrel was +simply a reorganization of the pretorian guards. Carrel also +hated the _pequins_. That which he deplored in the revolution of +July was not, they say, the insurrection of the people, but the +victory of the people over the soldiers. That is the reason why +Carrel, after 1830, would never support the patriots. "Do you +answer me with a few regiments?" he asked. Armand Carrel +regarded the army--the military power--as the basis of law and +government. This man undoubtedly had a moral sense within him, +but he surely had no sense of justice. Were he still in this +world, I declare it boldly, liberty would have no greater enemy +than Carrel. + +It is said that on this question of the fortification of Paris +the staff of "Le National" are not agreed. This would prove, if +proof were needed, that a journal may blunder and falsify, +without entitling any one to accuse its editors. A journal is a +metaphysical being, for which no one is really responsible, and +which owes its existence solely to mutual concessions. This idea +ought to frighten those worthy citizens who, because they borrow +their opinions from a journal, imagine that they belong to a +political party, and who have not the faintest suspicion that +they are really without a head. + + + + +For this reason, sir, I have enlisted in a desperate war against +every form of authority over the multitude. Advance sentinel of +the proletariat, I cross bayonets with the celebrities of the +day, as well as with spies and charlatans. Well, when I am +fighting with an illustrious adversary, must I stop at the end of +every phrase, like an orator in the tribune, to say "the learned +author," "the eloquent writer," "the profound publicist," and a +hundred other platitudes with which it is fashionable to mock +people? These civilities seem to me no less insulting to the man +attacked than dishonorable to the aggressor. But when, rebuking +an author, I say to him, "Citizen, your doctrine is absurd, and, +if to prove my assertion is an offence against you, I am guilty +of it," immediately the listener opens his ears; he is all +attention; and, if I do not succeed in convincing him, at least I +give his thought an impulse, and set him the wholesome example of +doubt and free examination. + +Then do not think, sir, that, in tripping up the philosophy of +your very learned and very estimable confrere, M. Troplong, I +fail to appreciate his talent as a writer (in my opinion, he has +too much for a jurist); nor his knowledge, though it is too +closely confined to the letter of the law, and the reading of old +books. In these particulars, M. Troplong offends on the side of +excess rather than deficiency. Further, do not believe that I am +actuated by any personal animosity towards him, or that I have +the slightest desire to wound his self-love. I know M. Troplong +only by his "Treatise on Prescription," which I wish he had not +written; and as for my critics, neither M. Troplong, nor any of +those whose opinion I value, will ever read me. Once more, my +only object is to prove, as far as I am able, to this unhappy +French nation, that those who make the laws, as well as those who +interpret them, are not infallible organs of general, impersonal, +and absolute reason. + +I had resolved to submit to a systematic criticism the semi- +official defence of the right of property recently put forth by +M. Wolowski, your colleague at the Conservatory. With this view, +I had commenced to collect the documents necessary for each of +his lectures, but, soon perceiving that the ideas of the +professor were incoherent, that his arguments contradicted each +other, that one affirmation was sure to be overthrown by another, +and that in M. Wolowski's lucubrations the good was always +mingled with the bad, and being by nature a little suspicious, it +suddenly occurred to me that M. Wolowski was an advocate of +equality in disguise, thrown in spite of himself into the +position in which the patriarch Jacob pictures one of his sons,-- +_inter duas clitellas_, between two stools, as the proverb says. +In more parliamentary language, I saw clearly that M. Wolowski +was placed between his profound convictions on the one hand and +his official duties on the other, and that, in order to maintain +his position, he had to assume a certain slant. Then I +experienced great pain at seeing the reserve, the circumlocution, +the figures, and the irony to which a professor of legislation, +whose duty it is to teach dogmas with clearness and precision, +was forced to resort; and I fell to cursing the society in which +an honest man is not allowed to say frankly what he thinks. +Never, sir, have you conceived of such torture: I seemed to be +witnessing the martyrdom of a mind. I am going to give you an +idea of these astonishing meetings, or rather of these scenes of +sorrow. + +Monday, Nov. 20, 1840.--The professor declares, in brief,--1. +That the right of property is not founded upon occupation, but +upon the impress of man; 2. That every man has a natural and +inalienable right to the use of matter. + +Now, if matter can be appropriated, and if, notwithstanding, all +men retain an inalienable right to the use of this matter, what +is property?--and if matter can be appropriated only by labor, +how long is this appropriation to continue?--questions that will +confuse and confound all jurists whatsoever. + +Then M. Wolowski cites his authorities. Great God! what +witnesses he brings forward! First, M. Troplong, the great +metaphysician, whom we have discussed; then, M. Louis Blanc, +editor of the "Revue du Progres," who came near being tried +by jury for publishing his "Organization of Labor," and who +escaped from the clutches of the public prosecutor only by a +juggler's trick;[1] Corinne,--I mean Madame de Stael,--who, in an +ode, making a poetical comparison of the land with the waves, of +the furrow of a plough with the wake of a vessel, says "that +property exists only where man has left his trace," which makes +property dependent upon the solidity of the elements; Rousseau, +the apostle of liberty and equality, but who, according to M. +Wolowski, attacked property only AS A JOKE, and in order to +point a paradox; Robespierre, who prohibited a division of the +land, because he regarded such a measure as a rejuvenescence of +property, and who, while awaiting the definitive organization of +the republic, placed all property in the care?? of the people,-- +that is, transferred the right of eminent domain from the +individual to society; Babeuf, who wanted property for the +nation, and communism for the citizens; M. Considerant, who +favors a division of landed property into shares,--that is, who +wishes to render property nominal and fictitious: the whole being +intermingled with jokes and witticisms (intended undoubtedly to +lead people away from the HORNETS' NESTS) at the expense of the +adversaries of the right of property! + +[1] In a very short article, which was read by M. Wolowski, M. +Louis Blanc declares, in substance, that he is not a communist +(which I easily believe); that one must be a fool to attack +property (but he does not say why); and that it is very necessary +to guard against confounding property with its abuses. When +Voltaire overthrew Christianity, he repeatedly avowed that he had +no spite against religion, but only against its abuses. + + + + +November 26.--M. Wolowski supposes this objection: Land, like +water, air, and light, is necessary to life, therefore it cannot +be appropriated; and he replies: The importance of landed +property diminishes as the power of industry increases. + +Good! this importance DIMINISHES, but it does not DISAPPEAR; +and this, of itself, shows landed property to be illegitimate. +Here M. Wolowski pretends to think that the opponents of property +refer only to property in land, while they merely take it as a +term of comparison; and, in showing with wonderful clearness the +absurdity of the position in which he places them, he finds a way +of drawing the attention of his hearers to another subject +without being false to the truth which it is his office to +contradict. + +"Property," says M. Wolowski, "is that which distinguishes man +from the animals." That may be; but are we to regard this as a +compliment or a satire? + +"Mahomet," says M. Wolowski, "decreed property." And so did +Genghis Khan, and Tamerlane, and all the ravagers of nations. +What sort of legislators were they? + +"Property has been in existence ever since the origin of the +human race." Yes, and so has slavery, and despotism also; and +likewise polygamy and idolatry. But what does this antiquity +show? + +The members of the Council of the State--M. Portalis at their +head--did not raise, in their discussion of the Code, the +question of the legitimacy of property. "Their silence," says M. +Wolowski, "is a precedent in favor of this right." I may regard +this reply as personally addressed to me, since the observation +belongs to me. I reply, "As long as an opinion is universally +admitted, the universality of belief serves of itself as argument +and proof. When this same opinion is attacked, the former faith +proves nothing; we must resort to reason. Ignorance, however old +and pardonable it may be, never outweighs reason." + +Property has its abuses, M. Wolowski confesses. "But," he says, +"these abuses gradually disappear. To-day their cause is known. +They all arise from a false theory of property. In principle, +property is inviolable, but it can and must be checked and +disciplined." Such are the conclusions of the professor. + +When one thus remains in the clouds, he need not fear to +equivocate. Nevertheless, I would like him to define these +ABUSES of property, to show their cause, to explain this true +theory from which no abuse is to spring; in short, to tell me +how, without destroying property, it can be governed for the +greatest good of all. "Our civil code," says M. Wolowski, in +speaking of this subject, "leaves much to be desired." I think +it leaves every thing undone. + +Finally, M. Wolowski opposes, on the one hand, the concentration +of capital, and the absorption which results therefrom; and, on +the other, he objects to the extreme division of the land. Now I +think that I have demonstrated in my First Memoir, that large +accumulation and minute division are the first two terms of an +economical trinity,--a THESIS and an ANTITHESIS. But, while +M. Wolowski says nothing of the third term, the SYNTHESIS, and +thus leaves the inference in suspense, I have shown that this +third term is ASSOCIATION, which is the annihilation of property. + +November 30.--LITERARY PROPERTY. M. Wolowski grants that it is +just to recognize the rights of talent (which is not in the least +hostile to equality); but he seriously objects to perpetual and +absolute property in the works of genius, to the profit of the +authors' heirs. His main argument is, that society has a right +of collective production over every creation of the mind. Now, +it is precisely this principle of collective power that I +developed in my "Inquiries into Property and Government," +and on which I have established the complete edifice of a new +social organization. M. Wolowski is, as far as I know, the first +jurist who has made a legislative application of this economical +law. Only, while I have extended the principle of collective +power to every sort of product, M. Wolowski, more prudent than it +is my nature to be, confines it to neutral ground. So, that that +which I am bold enough to say of the whole, he is contented to +affirm of a part, leaving the intelligent hearer to fill up the +void for himself. However, his arguments are keen and close. +One feels that the professor, finding himself more at ease with +one aspect of property, has given the rein to his intellect, and +is rushing on towards liberty. + +1. Absolute literary property would hinder the activity of other +men, and obstruct the development of humanity. It would be the +death of progress; it would be suicide. What would have happened +if the first inventions,--the plough, the level, the saw, &c.,-- +had been appropriated? + +Such is the first proposition of M. Wolowski. + +I reply: Absolute property in land and tools hinders human +activity, and obstructs progress and the free development of man. + +What happened in Rome, and in all the ancient nations? What +occurred in the middle ages? What do we see to-day in England, +in consequence of absolute property in the sources of production? + +The suicide of humanity. + +2. Real and personal property is in harmony with the social +interest. In consequence of literary property, social and +individual interests are perpetually in conflict. + +The statement of this proposition contains a rhetorical figure, +common with those who do not enjoy full and complete liberty of +speech. This figure is the _anti-phrasis_ or +_contre-verite_. It consists, according to Dumarsais and the +best humanists, in saying one thing while meaning another. +M. Wolowski's proposition, naturally expressed, would read as +follows: "Just as real and personal property is essentially +hostile to society, so, in consequence of literary property, +social and individual interests are perpetually in conflict." + +3. M. de Montalembert, in the Chamber of Peers, vehemently +protested against the assimilation of authors to inventors of +machinery; an assimilation which he claimed to be injurious to +the former. M. Wolowski replies, that the rights of authors, +without machinery, would be nil; that, without paper-mills, type +foundries, and printing-offices, there could be no sale of verse +and prose; that many a mechanical invention,--the compass, for +instance, the telescope, or the steam-engine,--is quite as +valuable as a book. + +Prior to M. Montalembert, M. Charles Comte had laughed at the +inference in favor of mechanical inventions, which logical minds +never fail to draw from the privileges granted to authors. "He," +says M. Comte, "who first conceived and executed the idea of +transforming a piece of wood into a pair of sabots, or an +animal's hide into a pair of sandals, would thereby have acquired +an exclusive right to make shoes for the human race!" +Undoubtedly, under the system of property. For, in fact, this +pair of sabots, over which you make so merry, is the creation +of the shoemaker, the work of his genius, the expression of his +thought; to him it is his poem, quite as much as "Le Roi +s'amuse," is M. Victor Hugo's drama. Justice for all alike. If +you refuse a patent to a perfecter of boots, refuse also a +privilege to a maker of rhymes. + +4. That which gives importance to a book is a fact external to +the author and his work. Without the intelligence of society, +without its development, and a certain community of ideas, +passions, and interests between it and the authors, the +works of the latter would be worth nothing. The exchangeable +value of a book is due even more to the SOCIAL CONDITION than +to the talent displayed in it. + +Indeed, it seems as if I were copying my own words. This +proposition of M. Wolowski contains a special expression of a +general and absolute idea, one of the strongest and most +conclusive against the right of property. Why do artists, like +mechanics, find the means to live? Because society has made the +fine arts, like the rudest industries, objects of consumption and +exchange, governed consequently by all the laws of commerce and +political economy. Now, the first of these laws is the equipoise +of functions; that is, the equality of associates. + +5. M. Wolowski indulges in sarcasm against the petitioners for +literary property. "There are authors," he says, "who crave the +privileges of authors, and who for that purpose point out the +power of the melodrama. They speak of the niece of Corneille, +begging at the door of a theatre which the works of her uncle had +enriched. . . . To satisfy the avarice of literary people, it +would be necessary to create literary majorats, and make a whole +code of exceptions." + +I like this virtuous irony. But M. Wolowski has by no means +exhausted the difficulties which the question involves. And +first, is it just that MM. Cousin, Guizot, Villemain, Damiron, +and company, paid by the State for delivering lectures, should be +paid a second time through the booksellers?--that I, who have the +right to report their lectures, should not have the right to +print them? Is it just that MM. Noel and Chapsal, overseers of +the University, should use their influence in selling their +selections from literature to the youth whose studies they are +instructed to superintend in consideration of a salary? And, if +that is not just, is it not proper to refuse literary +property to every author holding public offices, and receiving +pensions or sinecures? + +Again, shall the privilege of the author extend to irreligious +and immoral works, calculated only to corrupt the heart, and +obscure the understanding? To grant this privilege is to +sanction immorality by law; to refuse it is to censure the +author. And since it is impossible, in the present imperfect +state of society, to prevent all violations of the moral law, it +will be necessary to open a license-office for books as well as +morals. But, then, three-fourths of our literary people will be +obliged to register; and, recognized thenceforth on their own +declaration as PROSTITUTES, they will necessarily belong to the +public. We pay toll to the prostitute; we do not endow her. + +Finally, shall plagiarism be classed with forgery? If you reply +"Yes," you appropriate in advance all the subjects of which books +treat; if you say "No," you leave the whole matter to the +decision of the judge. Except in the case of a clandestine +reprint, how will he distinguish forgery from quotation, +imitation, plagiarism, or even coincidence? A savant spends +two years in calculating a table of logarithms to nine or ten +decimals. He prints it. A fortnight after his book is selling +at half-price; it is impossible to tell whether this result is +due to forgery or competition. What shall the court do? In case +of doubt, shall it award the property to the first occupant? As +well decide the question by lot. + +These, however, are trifling considerations; but do we see that, +in granting a perpetual privilege to authors and their heirs, we +really strike a fatal blow at their interests? We think to make +booksellers dependent upon authors,--a delusion. The booksellers +will unite against works, and their proprietors. Against works, +by refusing to push their sale, by replacing them with poor +imitations, by reproducing them in a hundred indirect ways; +and no one knows how far the science of plagiarism, and skilful +imitation may be carried. Against proprietors. Are we ignorant +of the fact, that a demand for a dozen copies enables a +bookseller to sell a thousand; that with an edition of five +hundred he can supply a kingdom for thirty years? What will the +poor authors do in the presence of this omnipotent union of +booksellers? I will tell them what they will do. They will +enter the employ of those whom they now treat as pirates; and, to +secure an advantage, they will become wage laborers. A fit +reward for ignoble avarice, and insatiable pride.[1] + +[1] The property fever is at its height among writers and +artists, and it is curious to see the complacency with which our +legislators and men of letters cherish this devouring passion. +An artist sells a picture, and then, the merchandise delivered, +assumes to prevent the purchaser from selling engravings, under +the pretext that he, the painter, in selling the original, has +not sold his DESIGN. A dispute arises between the amateur and +the artist in regard to both the fact and the law. M. Villemain, +the Minister of Public Instruction, being consulted as to this +particular case, finds that the painter is right; only the +property in the design should have been specially reserved in the +contract: so that, in reality, M. Villemain recognizes in the +artist a power to surrender his work and prevent its +communication; thus contradicting the legal axiom, One CANNOT +GIVE AND KEEP AT THE SAME TIME. A strange reasoner is M. +Villemain! An ambiguous principle leads to a false conclusion. +Instead of rejecting the principle, M. Villemain hastens to admit +the conclusion. With him the _reductio ad absurdum_ is a +convincing argument. Thus he is made official defender of +literary property, sure of being understood and sustained by a +set of loafers, the disgrace of literature and the plague of +public morals. Why, then, does M. Villemain feel so strong an +interest in setting himself up as the chief of the literary +classes, in playing for their benefit the role of Trissotin +in the councils of the State, and in becoming the accomplice and +associate of a band of profligates,--_soi-disant_ men of +letters,--who for more than ten years have labored with such +deplorable success to ruin public spirit, and corrupt the heart +by warping the mind? + +Contradictions of contradictions!" Genius is the great leveller +of the world," cries M. de Lamartine; "then genius should be a +proprietor. Literary property is the fortune of democracy." +This unfortunate poet thinks himself profound when he is only +puffed up. His eloquence consists solely in coupling ideas which +clash with each other: ROUND SQUARE, DARK SUN, FALLEN ANGEL, +PRIEST and LOVE, THOUGHT and POETRY, GUNIUS {???}, and FORTUNE, +LEVELING and PROPERTY. Let us tell him, in reply, that his mind +is a dark luminary; that each of his discourses is a disordered +harmony; and that all his successes, whether in verse or prose, +are due to the use of the extraordinary in the treatment of the +most ordinary subjects. + +"Le National," in reply to the report of M. Lamartine, endeavors +to prove that literary property is of quite a different nature +from landed property; as if the nature of the right of property +depended on the object to which it is applied, and not on the +mode of its exercise and the condition of its existence. But the +main object of "Le National" is to please a class of proprietors +whom an extension of the right of property vexes: that is why "Le +National" opposes literary property. Will it tell us, once for +all, whether it is for equality or against it? + + + + +6. OBJECTION.--Property in occupied land passes to the heirs of +the occupant. "Why," say the authors, "should not the work of +genius pass in like manner to the heirs of the man of genius?" +M. Wolowski's reply: "Because the labor of the first occupant is +continued by his heirs, while the heirs of an author neither +change nor add to his works. In landed property, the continuance +of labor explains the continuance of the right." + +Yes, when the labor is continued; but if the labor is not +continued, the right ceases. Thus is the right of possession, +founded on personal labor, recognized by M. Wolowski. + +M. Wolowski decides in favor of granting to authors property in +their works for a certain number of years, dating from the day of +their first publication. + +The succeeding lectures on patents on inventions were no less +instructive, although intermingled with shocking contradictions +inserted with a view to make the useful truths more palatable. +The necessity for brevity compels me to terminate this +examination here, not without regret. + +Thus, of two eclectic jurists, who attempt a defence of +property, one is entangled in a set of dogmas without +principle or method, and is constantly talking nonsense; and the +other designedly abandons the cause of property, in order to +present under the same name the theory of individual possession. +Was I wrong in claiming that confusion reigned among legists, and +ought I to be legally prosecuted for having said that their +science henceforth stood convicted of falsehood, its glory +eclipsed? + +The ordinary resources of the law no longer sufficing, +philosophy, political economy, and the framers of systems have +been consulted. All the oracles appealed to have been +discouraging. + +The philosophers are no clearer to-day than at the time of the +eclectic efflorescence; nevertheless, through their mystical +apothegms, we can distinguish the words PROGRESS, UNITY, +ASSOCIATION, SOLIDARITY, FRATERNITY, which are certainly not +reassuring to proprietors. One of these philosophers, M. Pierre +Leroux, has written two large books, in which he claims to show +by all religious, legislative, and philosophical systems that, +since men are responsible to each other, equality of conditions +is the final law of society. It is true that this philosopher +admits a kind of property; but as he leaves us to imagine what +property would become in presence of equality, we may boldly +class him with the opponents of the right of increase. + +I must here declare freely--in order that I may not be suspected +of secret connivance, which is foreign to my nature--that M. +Leroux has my full sympathy. Not that I am a believer in his +quasi-Pythagorean philosophy (upon this subject I should have +more than one observation to submit to him, provided a veteran +covered with stripes would not despise the remarks of a +conscript); not that I feel bound to this author by any +special consideration for his opposition to property. In my +opinion, M. Leroux could, and even ought to, state his position +more explicitly and logically. But I like, I admire, in M. +Leroux, the antagonist of our philosophical demigods, the +demolisher of usurped reputations, the pitiless critic of every +thing that is respected because of its antiquity. Such is the +reason for my high esteem of M. Leroux; such would be the +principle of the only literary association which, in this century +of coteries, I should care to form. We need men who, like M. +Leroux, call in question social principles,--not to diffuse doubt +concerning them, but to make them doubly sure; men who excite the +mind by bold negations, and make the conscience tremble by +doctrines of annihilation. Where is the man who does not shudder +on hearing M. Leroux exclaim, "There is neither a paradise nor a +hell; the wicked will not be punished, nor the good rewarded. +Mortals! cease to hope and fear; you revolve in a circle of +appearances; humanity is an immortal tree, whose branches, +withering one after another, feed with their debris the root +which is always young!" Where is the man who, on hearing this +desolate confession of faith, does not demand with terror, "Is it +then true that I am only an aggregate of elements organized by an +unknown force, an idea realized for a few moments, a form which +passes and disappears? Is it true that my mind is only a +harmony, and my soul a vortex? What is the ego? what is God? +what is the sanction of society?" + +In former times, M. Leroux would have been regarded as a great +culprit, worthy only (like Vanini) of death and universal +execration. To-day, M. Leroux is fulfilling a mission of +salvation, for which, whatever he may say, he will be rewarded. +Like those gloomy invalids who are always talking of their +approaching death, and who faint when the doctor's opinion +confirms their pretence, our materialistic society is agitated +and loses countenance while listening to this startling decree of +the philosopher, "Thou shalt die!" Honor then to M. Leroux, who +has revealed to us the cowardice of the Epicureans; to M. Leroux, +who renders new philosophical solutions necessary! Honor to the +anti-eclectic, to the apostle of equality! + +In his work on "Humanity," M. Leroux commences by positing the +necessity of property: "You wish to abolish property; but do you +not see that thereby you would annihilate man and even the name +of man? . . . You wish to abolish property; but could you live +without a body? I will not tell you that it is necessary to +support this body; . . . I will tell you that this body is itself +a species of property." + +In order clearly to understand the doctrine of M. Leroux, it must +be borne in mind that there are three necessary and primitive +forms of society,--communism, property, and that which to-day we +properly call association. M. Leroux rejects in the first place +communism, and combats it with all his might. Man is a personal +and free being, and therefore needs a sphere of independence and +individual activity. M. Leroux emphasizes this in adding: "You +wish neither family, nor country, nor property; therefore no more +fathers, no more sons, no more brothers. Here you are, related +to no being in time, and therefore without a name; here you are, +alone in the midst of a billion of men who to-day inhabit the +earth. How do you expect me to distinguish you in space in the +midst of this multitude?" + +If man is indistinguishable, he is nothing. Now, he can be +distinguished, individualized, only through a devotion of certain +things to his use,--such as his body, his faculties, and the +tools which he uses. "Hence," says M. Leroux, "the necessity of +appropriation;" in short, property. + +But property on what condition? Here M. Leroux, after having +condemned communism, denounces in its turn the right of domain. +His whole doctrine can be summed up in this single proposition,-- +_Man may be made by property a slave or a despot by turns_. + +That posited, if we ask M. Leroux to tell us under what system of +property man will be neither a slave nor a despot, but free, +just, and a citizen, M. Leroux replies in the third volume of his +work on "Humanity:"-- + + +"There are three ways of destroying man's communion with his +fellows and with the universe: . . . 1. By separating man in +time; 2. by separating him in space; 3. by dividing the land, or, +in general terms, the instruments of production; by attaching men +to things, by subordinating man to property, by making man a +proprietor." + + +This language, it must be confessed, savors a little too strongly +of the metaphysical heights which the author frequents, and of +the school of M. Cousin. Nevertheless, it can be seen, clearly +enough it seems to me, that M. Leroux opposes the exclusive +appropriation of the instruments of production; only he calls +this non-appropriation of the instruments of production a NEW +METHOD of establishing property, while I, in accordance with all +precedent, call it a destruction of property. In fact, without +the appropriation of instruments, property is nothing. + + +"Hitherto. we have confined ourselves to pointing out and +combating the despotic features of property, by considering +property alone. We have failed to see that the despotism of +property is a correlative of the division of the human +race; . . . that property, instead of being organized in such a +way as to facilitate the unlimited communion of man with his +fellows and with the universe, has been, on the contrary, turned +against this communion." + +Let us translate this into commercial phraseology. In order to +destroy despotism and the inequality of conditions, men must +cease from competition and must associate their interests. Let +employer and employed (now enemies and rivals) become associates. + +Now, ask any manufacturer, merchant, or capitalist, whether he +would consider himself a proprietor if he were to share his +revenue and profits with this mass of wage-laborers whom it is +proposed to make his associates. + + +"Family, property, and country are finite things, which ought to +be organized with a view to the infinite. For man is a finite +being, who aspires to the infinite. To him, absolute finiteness +is evil. The infinite is his aim, the indefinite his right." + + +Few of my readers would understand these hierophantic words, were +I to leave them unexplained. M. Leroux means, by this +magnificent formula, that humanity is a single immense society, +which, in its collective unity, represents the infinite; that +every nation, every tribe, every commune, and every citizen are, +in different degrees, fragments or finite members of the infinite +society, the evil in which results solely from individualism and +privilege,--in other words, from the subordination of the +infinite to the finite; finally, that, to attain humanity's end +and aim, each part has a right to an indefinitely progressive +development. + + +"All the evils which afflict the human race arise from caste. +The family is a blessing; the family caste (the nobility) is an +evil. Country is a blessing; the country caste (supreme, +domineering, conquering) is an evil; property (individual +possession) is a blessing; the property caste (the domain of +property of Pothier, Toullier, Troplong, &c.) is an evil." + + +Thus, according to M. Leroux, there is property and property,-- +the one good, the other bad. Now, as it is proper to call +different things by different names, if we keep the name +"property" for the former, we must call the latter robbery, +rapine, brigandage. If, on the contrary, we reserve the name +"property" for the latter, we must designate the former by the +term POSSESSION, or some other equivalent; otherwise we should +be troubled with an unpleasant synonymy. + +What a blessing it would be if philosophers, daring for once to +say all that they think, would speak the language of ordinary +mortals! Nations and rulers would derive much greater profit +from their lectures, and, applying the same names to the same +ideas, would come, perhaps, to understand each other. I boldly +declare that, in regard to property, I hold no other opinion than +that of M. Leroux; but, if I should adopt the style of the +philosopher, and repeat after him, "Property is a blessing, but +the property caste--the _statu quo_ of property--is an evil," I +should be extolled as a genius by all the bachelors who write for +the reviews.[1] If, on the contrary, I prefer the classic +language of Rome and the civil code, and say accordingly, +"Possession is a blessing, but property is robbery," immediately +the aforesaid bachelors raise a hue and cry against the monster, +and the judge threatens me. Oh, the power of language! + +[1] M. Leroux has been highly praised in a review for having +defended property. I do not know whether the industrious +encyclopedist is pleased with the praise, but I know very well +that in his place I should mourn for reason and for truth. + +"Le National," on the other hand, has laughed at M. Leroux and +his ideas on property, charging him with TAUTOLOGY and +CHILDISHNESS. "Le National" does not wish to understand. Is +it necessary to remind this journal that it has no right to +deride a dogmatic philosopher, because it is without a doctrine +itself? From its foundation, "Le National" has been a nursery of +intriguers and renegades. From time to time it takes care to +warn its readers. Instead of lamenting over all its defections, +the democratic sheet would do better to lay the blame on itself, +and confess the shallowness of its theories. When will this +organ of popular interests and the electoral reform cease to hire +sceptics and spread doubt? I will wager, without going further, +that M. Leon Durocher, the critic of M. Leroux, is an anonymous +or pseudonymous editor of some bourgeois, or even aristocratic, +journal. + + + + +The economists, questioned in their turn, propose to associate +capital and labor. You know, sir, what that means. If we follow +out the doctrine, we soon find that it ends in an absorption of +property, not by the community, but by a general and indissoluble +commandite, so that the condition of the proprietor would +differ from that of the workingman only in receiving larger +wages. This system, with some peculiar additions and +embellishments, is the idea of the phalanstery. But it is clear +that, if inequality of conditions is one of the attributes of +property, it is not the whole of property. That which makes +property a DELIGHTFUL THING, as some philosopher (I know not +who) has said, is the power to dispose at will, not only of one's +own goods, but of their specific nature; to use them at pleasure; +to confine and enclose them; to excommunicate mankind, as M. +Pierre Leroux says; in short, to make such use of them as +passion, interest, or even caprice, may suggest. What is the +possession of money, a share in an agricultural or industrial +enterprise, or a government-bond coupon, in comparison with the +infinite charm of being master of one's house and grounds, under +one's vine and fig-tree? "_Beati possidentes_!" says an author +quoted by M. Troplong. Seriously, can that be applied to a man +of income, who has no other possession under the sun than the +market, and in his pocket his money? As well maintain that a +trough is a coward. A nice method of reform! They never cease +to condemn the thirst for gold, and the growing individualism of +the century; and yet, most inconceivable of contradictions, they +prepare to turn all kinds of property into one,--property in +coin. + +I must say something further of a theory of property lately put +forth with some ado: I mean the theory of M. Considerant. + +The Fourierists are not men who examine a doctrine in order to +ascertain whether it conflicts with their system. On the +contrary, it is their custom to exult and sing songs of triumph +whenever an adversary passes without perceiving or noticing them. + +These gentlemen want direct refutations, in order that, if they +are beaten, they may have, at least, the selfish consolation of +having been spoken of. Well, let their wish be gratified. + +M. Considerant makes the most lofty pretensions to logic. His +method of procedure is always that of MAJOR, MINOR, AND +CONCLUSION. He would willingly write upon his hat, +"_Argumentator in barbara_." But M. Considerant is too +intelligent and quick-witted to be a good logician, as is proved +by the fact that he appears to have taken the syllogism for +logic. + +The syllogism, as everybody knows who is interested in +philosophical curiosities, is the first and perpetual sophism of +the human mind,--the favorite tool of falsehood, the stumbling- +block of science, the advocate of crime. The syllogism has +produced all the evils which the fabulist so eloquently +condemned, and has done nothing good or useful: it is as devoid +of truth as of justice. We might apply to it these words of +Scripture: "_Celui qui met en lui sa confiance, perira_." +Consequently, the best philosophers long since condemned it; so +that now none but the enemies of reason wish to make the +syllogism its weapon. + +M. Considerant, then, has built his theory of property upon a +syllogism. Would he be disposed to stake the system of Fourier +upon his arguments, as I am ready to risk the whole doctrine of +equality upon my refutation of that system? Such a duel +would be quite in keeping with the warlike and chivalric tastes +of M. Considerant, and the public would profit by it; for, one of +the two adversaries falling, no more would be said about him, and +there would be one grumbler less in the world. + +The theory of M. Considerant has this remarkable feature, that, +in attempting to satisfy at the same time the claims of both +laborers and proprietors, it infringes alike upon the rights of +the former and the privileges of the latter. In the first place, +the author lays it down as a principle: "1. That the use of the +land belongs to each member of the race; that it is a natural and +imprescriptible right, similar in all respects to the right to +the air and the sunshine. 2. That the right to labor is equally +fundamental, natural, and imprescriptible." I have shown that +the recognition of this double right would be the death of +property. I denounce M. Considerant to the proprietors! + +But M. Considerant maintains that the right to labor creates the +right of property, and this is the way he reasons:-- + + +Major Premise.--"Every man legitimately possesses the thing +which his labor, his skill,--or, in more general terms, his +action,--has created." + + +To which M. Considerant adds, by way of comment: "Indeed, the +land not having been created by man, it follows from the +fundamental principle of property, that the land, being given to +the race in common, can in no wise be the exclusive and +legitimate property of such and such individuals, who were not +the creators of this value." + +If I am not mistaken, there is no one to whom this proposition, +at first sight and in its entirety, does not seem utterly +irrefutable. Reader, distrust the syllogism. + +First, I observe that the words LEGITIMATELY POSSESSES signify +to the author's mind is LEGITIMATE PROPRIETOR;_ otherwise +the argument, being intended to prove the legitimacyof property, +would have no meaning. I might here raise the question of the +difference between property and possession, and call upon M. +Considerant, before going further, to define the one and the +other; but I pass on. + +This first proposition is doubly false. 1. In that it asserts +the act of CREATION to be the only basis of property. 2. In +that it regards this act as sufficient in all cases to authorize +the right of property. + +And, in the first place, if man may be proprietor of the game +which he does not create, but which he KILLS; of the fruits +which he does not create, but which he GATHERS; of the +vegetables which he does not create, but which he PLANTS; of +the animals which he does not create, but which he REARS,--it +is conceivable that men may in like manner become proprietors of +the land which they do not create, but which they clear and +fertilize. The act of creation, then, is not NECESSARY to the +acquisition of the right of property. I say further, that this +act alone is not always sufficient, and I prove it by the second +premise of M. Considerant:-- + + +Minor Premise.--"Suppose that on an isolated island, on the +soil of a nation, or over the whole face of the earth (the extent +of the scene of action does not affect our judgment of the +facts), a generation of human beings devotes itself for the first +time to industry, agriculture, manufactures, &c. This +generation, by its labor, intelligence, and activity, creates +products, develops values which did not exist on the uncultivated +land. Is it not perfectly clear that the property of this +industrious generation will stand on a basis of right, if the +value or wealth produced by the activity of all be distributed +among the producers, according to each one's assistance in the +creation of the general wealth? That is unquestionable." + + +That is quite questionable. For this value or wealth, +PRODUCED BY THE ACTIVITY OF ALL, is by the very fact of +its creation COLLECTIVE wealth, the use of which, like that of +the land, may be divided, but which as property remains +UNDIVIDED. And why this undivided ownership? Because the +society which creates is itself indivisible,--a permanent unit, +incapable of reduction to fractions. And it is this unity of +society which makes the land common property, and which, as M. +Considerant says, renders its use imprescriptible in the case of +every individual. Suppose, indeed, that at a given time the soil +should be equally divided; the very next moment this division, if +it allowed the right of property, would become illegitimate. +Should there be the slightest irregularity in the method of +transfer, men, members of society, imprescriptible possessors of +the land, might be deprived at one blow of property, possession, +and the means of production. In short, property in capital is +indivisible, and consequently inalienable, not necessarily when +the capital is UNCREATED, but when it is COMMON or +COLLECTIVE. + +I confirm this theory against M. Considerant, by the third term +of his syllogism:-- + + +Conclusion.--"The results of the labor performed by this +generation are divisible into two classes, between which it is +important clearly to distinguish. The first class includes the +products of the soil which belong to this first generation in its +usufructuary capacity, augmented, improved and refined by its +labor and industry. These products consist either of objects of +consumption or instruments of labor. It is clear that these +products are the legitimate property of those who have created +them by their activity. . . . Second class.--Not only has this +generation created the products just mentioned (objects of +consumption and instruments of labor), but it has also added to +the original value of the soil by cultivation, by the erection of +buildings, by all the labor producing permanent results, which it +has performed. This additional value evidently constitutes a +product--a value created by the activity of the first generation; +and if, BY ANY MEANS WHATEVER, the ownership of this value be +distributed among the members of society equitably,--that +is, in proportion to the labor which each has performed,--each +will legitimately possess the portion which he receives. He may +then dispose of this legitimate and private property as he sees +fit,--exchange it, give it away, or transfer it; and no other +individual, or collection of other individuals,--that is, +society,--can lay any claim to these values." + + +Thus, by the distribution of collective capital, to the use of +which each associate, either in his own right or in right of his +authors, has an imprescriptible and undivided title, there will +be in the phalanstery, as in the France of 1841, the poor and the +rich; some men who, to live in luxury, have only, as Figaro says, +to take the trouble to be born, and others for whom the fortune +of life is but an opportunity for long-continued poverty; idlers +with large incomes, and workers whose fortune is always in the +future; some privileged by birth and caste, and others pariahs +whose sole civil and political rights are THE RIGHT TO LABOR, +AND THE RIGHT TO LAND. For we must not be deceived; in the +phalanstery every thing will be as it is to-day, an object of +property,--machines, inventions, thought, books, the products of +art, of agriculture, and of industry; animals, houses, fences, +vineyards, pastures, forests, fields,--every thing, in short, +except the UNCULTIVATED LAND. Now, would you like to know what +uncultivated land is worth, according to the advocates of +property? "A square league hardly suffices for the support of a +savage," says M. Charles Comte. Estimating the wretched +subsistence of this savage at three hundred francs per year, we +find that the square league necessary to his life is, relatively +to him, faithfully represented by a rent of fifteen francs. In +France there are twenty-eight thousand square leagues, the total +rent of which, by this estimate, would be four hundred and twenty +thousand francs, which, when divided among nearly thirty-four +millions of people, would give each an INCOME OF A CENTIME AND A +QUARTER. That is the new right which the great genius of +Fourier has invented IN BEHALF OF THE FRENCH PEOPLE, and with +which his first disciple hopes to reform the world. I denounce +M. Considerant to the proletariat! + +If the theory of M. Considerant would at least really guarantee +this property which he cherishes so jealously, I might pardon him +the flaws in his syllogism, certainly the best one he ever made +in his life. But, no: that which M. Considerant takes for +property is only a privilege of extra pay. In Fourier's system, +neither the created capital nor the increased value of the soil +are divided and appropriated in any effective manner: the +instruments of labor, whether created or not, remain in the hands +of the phalanx; the pretended proprietor can touch only the +income. He is permitted neither to realize his share of the +stock, nor to possess it exclusively, nor to administer it, +whatever it be. The cashier throws him his dividend; and then, +proprietor, eat the whole if you can! + +The system of Fourier would not suit the proprietors, since it +takes away the most delightful feature of property,--the free +disposition of one's goods. It would please the communists no +better, since it involves unequal conditions. It is repugnant to +the friends of free association and equality, in consequence of +its tendency to wipe out human character and individuality by +suppressing possession, family, and country,--the threefold +expression of the human personality. + +Of all our active publicists, none seem to me more fertile in +resources, richer in imagination, more luxuriant and varied in +style, than M. Considerant. Nevertheless, I doubt if he will +undertake to reestablish his theory of property. If he has this +courage, this is what I would say to him: "Before writing your +reply, consider well your plan of action; do not scour the +country; have recourse to none of your ordinary expedients; +no complaints of civilization; no sarcasms upon equality; no +glorification of the phalanstery. Leave Fourier and the departed +in peace, and endeavor only to re-adjust the pieces of your +syllogism. To this end, you ought, first, to analyze closely +each proposition of your adversary; second, to show the error, +either by a direct refutation, or by proving the converse; third, +to oppose argument to argument, so that, objection and reply +meeting face to face, the stronger may break down the weaker, and +shiver it to atoms. By that method only can you boast of having +conquered, and compel me to regard you as an honest reasoner, and +a good artillery-man." + +I should have no excuse for tarrying longer with these +phalansterian crotchets, if the obligation which I have imposed +upon myself of making a clean sweep, and the necessity of +vindicating my dignity as a writer, did not prevent me from +passing in silence the reproach uttered against me by a +correspondent of "La Phalange." "We have seen but lately," says +this journalist,[1] "that M. Proudhon, enthusiast as he has been +for the science created by Fourier, is, or will be, an enthusiast +for any thing else whatsoever." + + +[1] "Impartial," of Besancon. + + + + +If ever sectarians had the right to reproach another for changes +in his beliefs, this right certainly does not belong to the +disciples of Fourier, who are always so eager to administer the +phalansterian baptism to the deserters of all parties. But why +regard it as a crime, if they are sincere? Of what consequence +is the constancy or inconstancy of an individual to the truth +which is always the same? It is better to enlighten men's minds +than to teach them to be obstinate in their prejudices. Do we +not know that man is frail and fickle, that his heart is full of +delusions, and that his lips are a distillery of falsehood? +_Omnis homo meudax_. Whether we will or no, we all serve for a +time as instruments of this truth, whose kingdom comes every day. + +God alone is immutable, because he is eternal. + +That is the reply which, as a general rule, an honest man is +entitled always to make, and which I ought perhaps to be content +to offer as an excuse; for I am no better than my fathers. But, +in a century of doubt and apostasy like ours, when it is of +importance to set the small and the weak an example of strength +and honesty of utterance, I must not suffer my character as a +public assailant of property to be dishonored. I must render an +account of my old opinions. + +Examining myself, therefore, upon this charge of Fourierism, and +endeavoring to refresh my memory, I find that, having been +connected with the Fourierists in my studies and my friendships, +it is possible that, without knowing it, I have been one of +Fourier's partisans. Jerome Lalande placed Napoleon and Jesus +Christ in his catalogue of atheists. The Fourierists resemble +this astronomer: if a man happens to find fault with the existing +civilization, and to admit the truth of a few of their +criticisms, they straightway enlist him, willy-nilly, in their +school. Nevertheless, I do not deny that I have been a +Fourierist; for, since they say it, of course it may be so. But, +sir, that of which my ex-associates are ignorant, and which +doubtless will astonish you, is that I have been many other +things,--in religion, by turns a Protestant, a Papist, an Arian +and Semi-Arian, a Manichean, a Gnostic, an Adamite even and a +Pre-Adamite, a Sceptic, a Pelagian, a Socinian, an Anti- +Trinitarian, and a Neo-Christian;[1] in philosophy and politics, +an Idealist, a Pantheist, a Platonist, a Cartesian, an Eclectic +(that is, a sort of _juste-milieu_), a Monarchist, an Aristocrat, +a Constitutionalist, a follower of Babeuf, and a Communist. I +have wandered through a whole encyclopaedia of systems. Do you +think it surprising, sir, that, among them all, I was for a short +time a Fourierist? + +[1] The Arians deny the divinity of Christ. The Semi-Arians +differ from the Arians only by a few subtle distinctions. M. +Pierre Leroux, who regards Jesus as a man, but claims that the +Spirit of God was infused into him, is a true Semi-Arian. + +The Manicheans admit two co-existent and eternal principles,--God +and matter, spirit and flesh, light and darkness, good and evil; +but, unlike the Phalansterians, who pretend to reconcile the two, +the Manicheans make war upon matter, and labor with all their +might for the destruction of the flesh, by condemning marriage +and forbidding reproduction,--which does not prevent them, +however, from indulging in all the carnal pleasures which the +intensest lust can conceive of. In this last particular, the +tendency of the Fourieristic morality is quite Manichean. + +The Gnostics do not differ from the early Christians. As their +name indicates, they regarded themselves as inspired. Fourier, +who held peculiar ideas concerning the visions of somnambulists, +and who believed in the possibility of developing the magnetic +power to such an extent as to enable us to commune with invisible +beings, might, if he were living, pass also for a Gnostic. + +The Adamites attend mass entirely naked, from motives of +chastity. Jean Jacques Rousseau, who took the sleep of the +senses for chastity, and who saw in modesty only a refinement of +pleasure, inclined towards Adamism. I know such a sect, whose +members usually celebrate their mysteries in the costume of Venus +coming from the bath. + +The Pre-Adamites believe that men existed before the first man. +I once met a Pre-Adamite. True, he was deaf and a Fourierist. + +The Pelagians deny grace, and attribute all the merit of good +works to liberty. The Fourierists, who teach that man's nature +and passions are good, are reversed Pelagians; they give all to +grace, and nothing to liberty. + +The Socinians, deists in all other respects, admit an original +revelation. Many people are Socinians to-day, who do not suspect +it, and who regard their opinions as new. + +The Neo-Christians are those simpletons who admire Christianity +because it has produced bells and cathedrals. Base in soul, +corrupt in heart, dissolute in mind and senses, the Neo- +Christians seek especially after the external form, and admire +religion, as they love women, for its physical beauty. They +believe in a coming revelation, as well as a transfiguration of +Catholicism. They will sing masses at the grand spectacle in the +phalanstery. + + + + +For my part, I am not at all surprised, although at present +I have no recollection of it. One thing is sure,--that my +superstition and credulity reached their height at the very +period of my life which my critics reproachfully assign as the +date of my Fourieristic beliefs. Now I hold quite other views. +My mind no longer admits that which is demonstrated by +syllogisms, analogies, or metaphors, which are the methods of the +phalanstery, but demands a process of generalization and +induction which excludes error. Of my past OPINIONSS I retain +absolutely none. I have acquired some KNOWLEDGE. I no longer +BELIEVE. I either KNOW, or am IGNORANT. In a word, in seeking +for the reason of things, I saw that I was a RATIONALIST. + +Undoubtedly, it would have been simpler to begin where I have +ended. But then, if such is the law of the human mind; if all +society, for six thousand years, has done nothing but fall into +error; if all mankind are still buried in the darkness of faith, +deceived by their prejudices and passions, guided only by the +instinct of their leaders; if my accusers, themselves, are not +free from sectarianism (for they call themselves +FOURIERISTS),--am I alone inexcusable for having, in my inner +self, at the secret tribunal of my conscience, begun anew the +journey of our poor humanity? + +I would by no means, then, deny my errors; but, sir, that which +distinguishes me from those who rush into print is the fact that, +though my thoughts have varied much, my writings do not vary. +To-day, even, and on a multitude of questions, I am beset by a +thousand extravagant and contradictory opinions; but my opinions +I do not print, for the public has nothing to do with them. +Before addressing my fellow-men, I wait until light breaks in +upon the chaos of my ideas, in order that what I may say may be, +not the whole truth (no man can know that), but nothing but the +truth. + +This singular disposition of my mind to first identify itself +with a system in order to better understand it, and then to +reflect upon it in order to test its legitimacy, is the very +thing which disgusted me with Fourier, and ruined in my esteem +the societary school. To be a faithful Fourierist, in fact, one +must abandon his reason and accept every thing from a master,-- +doctrine, interpretation, and application. M. Considerant, whose +excessive intolerance anathematizes all who do not abide by his +sovereign decisions, has no other conception of Fourierism. Has +he not been appointed Fourier's vicar on earth and pope of a +Church which, unfortunately for its apostles, will never be of +this world? Passive belief is the theological virtue of all +sectarians, especially of the Fourierists. + +Now, this is what happened to me. While trying to demonstrate by +argument the religion of which I had become a follower in +studying Fourier, I suddenly perceived that by reasoning I was +becoming incredulous; that on each article of the creed my reason +and my faith were at variance, and that my six weeks' labor was +wholly lost. I saw that the Fourierists--in spite of their +inexhaustible gabble, and their extravagant pretension to decide +in all things--were neither savants, nor logicians, nor even +believers; that they were SCIENTIFIC QUACKS, who were led more +by their self-love than their conscience to labor for the triumph +of their sect, and to whom all means were good that would reach +that end. I then understood why to the Epicureans they promised +women, wine, music, and a sea of luxury; to the rigorists, +maintenance of marriage, purity of morals, and temperance; to +laborers, high wages; to proprietors, large incomes; to +philosophers, solutions the secret of which Fourier alone +possessed; to priests, a costly religion and magnificent +festivals; to savants, knowledge of an unimaginable +nature; to each, indeed, that which he most desired. In the +beginning, this seemed to me droll; in the end, I regarded it as +the height of impudence. No, sir; no one yet knows of the +foolishness and infamy which the phalansterian system contains. +That is a subject which I mean to treat as soon as I have +balanced my accounts with property.[1] + +[1] It should be understood that the above refers only to the +moral and political doctrines of Fourier,--doctrines which, like +all philosophical and religious systems, have their root and +_raison d'existence_ in society itself, and for this reason +deserve to be examined. The peculiar speculations of Fourier and +his sect concerning cosmogony, geology, natural history, +physiology, and psychology, I leave to the attention of those who +would think it their duty to seriously refute the fables of Blue +Beard and the Ass's Skin. + + + + +It is rumored that the Fourierists think of leaving France and +going to the new world to found a phalanstery. When a house +threatens to fall, the rats scamper away; that is because they +are rats. Men do better; they rebuild it. Not long since, the +St. Simonians, despairing of their country which paid no heed to +them, proudly shook the dust from their feet, and started for the +Orient to fight the battle of free woman. Pride, wilfulness, mad +selfishness! True charity, like true faith, does not worry, +never despairs; it seeks neither its own glory, nor its interest, +nor empire; it does every thing for all, speaks with indulgence +to the reason and the will, and desires to conquer only by +persuasion and sacrifice. Remain in France, Fourierists, if the +progress of humanity is the only thing which you have at heart! +There is more to do here than in the new world. Otherwise, go! +you are nothing but liars and hypocrites! + +The foregoing statement by no means embraces all the political +elements, all the opinions and tendencies, which threaten the +future of property; but it ought to satisfy any +one who knows how to classify facts, and to deduce their law +or the idea which governs them. Existing society seems abandoned +to the demon of falsehood and discord; and it is this sad sight +which grieves so deeply many distinguished minds who lived too +long in a former age to be able to understand ours. Now, while +the short-sighted spectator begins to despair of humanity, and, +distracted and cursing that of which he is ignorant, plunges into +scepticism and fatalism, the true observer, certain of the spirit +which governs the world, seeks to comprehend and fathom +Providence. The memoir on "Property," published last year by the +pensioner of the Academy of Besancon, is simply a study of this +nature. + +The time has come for me to relate the history of this unlucky +treatise, which has already caused me so much chagrin, and made +me so unpopular; but which was on my part so involuntary and +unpremeditated, that I would dare to affirm that there is not an +economist, not a philosopher, not a jurist, who is not a hundred +times guiltier than I. There is something so singular in the way +in which I was led to attack property, that if, on hearing my sad +story, you persist, sir, in your blame, I hope at least you will +be forced to pity me. + +I never have pretended to be a great politician; far from that, I +always have felt for controversies of a political nature the +greatest aversion; and if, in my "Essay on Property," I have +sometimes ridiculed our politicians, believe, sir, that I was +governed much less by my pride in the little that I know, than by +my vivid consciousness of their ignorance and excessive vanity. +Relying more on Providence than on men; not suspecting at first +that politics, like every other science, contained an absolute +truth; agreeing equally well with Bossuet and Jean Jacques,--I +accepted with resignation my share of human misery, and contented +myself with praying to God for good deputies, upright +ministers, and an honest king. By taste as well as by discretion +and lack of confidence in my powers, I was slowly pursuing some +commonplace studies in philology, mingled with a little +metaphysics, when I suddenly fell upon the greatest problem that +ever has occupied philosophical minds: I mean the criterion of +certainty. + +Those of my readers who are unacquainted with the philosophical +terminology will be glad to be told in a few words what this +criterion is, which plays so great a part in my work. + +The criterion of certainty, according to the philosophers, will +be, when discovered, an infallible method of establishing the +truth of an opinion, a judgment, a theory, or a system, in nearly +the same way as gold is recognized by the touchstone, as iron +approaches the magnet, or, better still, as we verify a +mathematical operation by applying the PROOF. TIME has +hitherto served as a sort of criterion for society. Thus, the +primitive men--having observed that they were not all equal in +strength, beauty, and labor--judged, and rightly, that certain +ones among them were called by nature to the performance of +simple and common functions; but they concluded, and this is +where their error lay, that these same individuals of duller +intellect, more restricted genius, and weaker personality, were +predestined to SERVE the others; that is, to labor while the +latter rested, and to have no other will than theirs: and from +this idea of a natural subordination among men sprang +domesticity, which, voluntarily accepted at first, was +imperceptibly converted into horrible slavery. Time, making this +error more palpable, has brought about justice. Nations have +learned at their own cost that the subjection of man to man is a +false idea, an erroneous theory, pernicious alike to master and +to slave. And yet such a social system has stood several +thousand years, and has been defended by celebrated philosophers; +even to-day, under somewhat mitigated forms, sophists of every +description uphold and extol it. But experience is bringing it +to an end. + +Time, then, is the criterion of societies; thus looked at, +history is the demonstration of the errors of humanity by the +argument _reductio ad absurdum_. + +Now, the criterion sought for by metaphysicians would have the +advantage of discriminating at once between the true and the +false in every opinion; so that in politics, religion, and +morals, for example, the true and the useful being immediately +recognized, we should no longer need to await the sorrowful +experience of time. Evidently such a secret would be death to +the sophists,--that cursed brood, who, under different names, +excite the curiosity of nations, and, owing to the difficulty of +separating the truth from the error in their artistically woven +theories, lead them into fatal ventures, disturb their peace, and +fill them with such extraordinary prejudice. + +Up to this day, the criterion of certainty remains a mystery; +this is owing to the multitude of criteria that have been +successively proposed. Some have taken for an absolute and +definite criterion the testimony of the senses; others +intuition; these evidence; those argument. M. Lamennais affirms +that there is no other criterion than universal reason. Before +him, M. de Bonald thought he had discovered it in language. +Quite recently, M. Buchez has proposed morality; and, to +harmonize them all, the eclectics have said that it was absurd to +seek for an absolute criterion, since there were as many +criteria as special orders of knowledge. + +Of all these hypotheses it may be observed, That the testimony of +the senses is not a criterion, because the senses, relating us +only to phenomena, furnish us with no ideas; that intuition +needs external confirmation or objective certainty; that evidence +requires proof, and argument verification; that universal reason +has been wrong many a time; that language serves equally well to +express the true or the false; that morality, like all the rest, +needs demonstration and rule; and finally, that the eclectic idea +is the least reasonable of all, since it is of no use to say that +there are several criteria if we cannot point out one. I very +much fear that it will be with the criterion as with the +philosopher's stone; that it will finally be abandoned, not only +as insolvable, but as chimerical. Consequently, I entertain no +hopes of having found it; nevertheless, I am not sure that some +one more skilful will not discover it. + +Be it as it may with regard to a criterion or criteria, there +are methods of demonstration which, when applied to certain +subjects, may lead to the discovery of unknown truths, bring to +light relations hitherto unsuspected, and lift a paradox to the +highest degree of certainty. In such a case, it is not by its +novelty, nor even by its content, that a system should be judged, +but by its method. The critic, then, should follow the example +of the Supreme Court, which, in the cases which come before it, +never examines the facts, but only the form of procedure. Now, +what is the form of procedure? A method. + +I then looked to see what philosophy, in the absence of a +criterion, had accomplished by the aid of special methods, and +I must say that I could not discover--in spite of the loudly- +proclaimed pretensions of some--that it had produced any thing of +real value; and, at last, wearied with the philosophical twaddle, +I resolved to make a new search for the criterion. I confess +it, to my shame, this folly lasted for two years, and I am not +yet entirely rid of it. It was like seeking a needle in a +haystack. I might have learned Chinese or Arabic in the +time that I have lost in considering and reconsidering +syllogisms, in rising to the summit of an induction as to the top +of a ladder, in inserting a proposition between the horns of a +dilemma, in decomposing, distinguishing, separating, denying, +affirming, admitting, as if I could pass abstractions through a +sieve. + +I selected justice as the subject-matter of my experiments. +Finally, after a thousand decompositions, recompositions, and +double compositions, I found at the bottom of my analytical +crucible, not the criterion of certainty, but a metaphysico- +economico-political treatise, whose conclusions were such that I +did not care to present them in a more artistic or, if you will, +more intelligible form. The effect which this work produced upon +all classes of minds gave me an idea of the spirit of our age, +and did not cause me to regret the prudent and scientific +obscurity of my style. How happens it that to-day I am obliged +to defend my intentions, when my conduct bears the evident +impress of such lofty morality? + +You have read my work, sir, and you know the gist of my tedious +and scholastic lucubrations. Considering the revolutions of +humanity, the vicissitudes of empires, the transformations of +property, and the innumerable forms of justice and of right, I +asked, "Are the evils which afflict us inherent in our condition +as men, or do they arise only from an error? This inequality of +fortunes which all admit to be the cause of society's +embarrassments, is it, as some assert, the effect of Nature; or, +in the division of the products of labor and the soil, may there +not have been some error in calculation? Does each laborer +receive all that is due him, and only that which is due him? In +short, in the present conditions of labor, wages, and exchange, +is no one wronged?--are the accounts well kept?--is the social +balance accurate?" + +Then I commenced a most laborious investigation. It was +necessary to arrange informal notes, to discuss contradictory +titles, to reply to captious allegations, to refute absurd +pretensions, and to describe fictitious debts, dishonest +transactions, and fraudulent accounts. In order to triumph over +quibblers, I had to deny the authority of custom, to examine the +arguments of legislators, and to oppose science with science +itself. Finally, all these operations completed, I had to give a +judicial decision. + +I therefore declared, my hand upon my heart, before God and men, +that the causes of social inequality are three in number: 1. +GRATUITOUS APPROPRIATION OF COLLECTIVE WEALTH; 2. INEQUALITY +IN EXCHANGE; 3. THE RIGHT OF PROFIT OR INCREASE. + +And since this threefold method of extortion is the very essence +of the domain of property, I denied the legitimacy of property, +and proclaimed its identity with robbery. + +That is my only offence. I have reasoned upon property; I have +searched for the criterion of justice; I have demonstrated, not +the possibility, but the necessity, of equality of fortunes; I +have allowed myself no attack upon persons, no assault upon the +government, of which I, more than any one else, am a provisional +adherent. If I have sometimes used the word PROPRIETOR, I have +used it as the abstract name of a metaphysical being, whose +reality breathes in every individual,--not alone in a privileged +few. + +Nevertheless, I acknowledge--for I wish my confession to be +sincere--that the general tone of my book has been bitterly +censured. They complain of an atmosphere of passion and +invective unworthy of an honest man, and quite out of place in +the treatment of so grave a subject. + +If this reproach is well founded (which it is impossible for me +either to deny or admit, because in my own cause I cannot be +judge),--if, I say, I deserve this charge, I can only humble +myself and acknowledge myself guilty of an involuntary wrong; the +only excuse that I could offer being of such a nature that it +ought not to be communicated to the public. All that I can say +is, that I understand better than any one how the anger which +injustice causes may render an author harsh and violent in his +criticisms. When, after twenty years of labor, a man still finds +himself on the brink of starvation, and then suddenly discovers +in an equivocation, an error in calculation, the cause of the +evil which torments him in common with so many millions of his +fellows, he can scarcely restrain a cry of sorrow and dismay. + +But, sir, though pride be offended by my rudeness, it is not to +pride that I apologize, but to the proletaires, to the simple- +minded, whom I perhaps have scandalized. My angry dialectics may +have produced a bad effect on some peaceable minds. Some poor +workingman--more affected by my sarcasm than by the strength of +my arguments--may, perhaps, have concluded that property is the +result of a perpetual Machiavelianism on the part of the +governors against the governed,--a deplorable error of which my +book itself is the best refutation. I devoted two chapters to +showing how property springs from human personality and the +comparison of individuals. Then I explained its perpetual +limitation; and, following out the same idea, I predicted its +approaching disappearance. How, then, could the editors of the +"Revue Democratique," after having borrowed from me nearly the +whole substance of their economical articles, dare to say: "The +holders of the soil, and other productive capital, are more or +less wilful accomplices in a vast robbery, they being the +exclusive receivers and sharers of the stolen goods"? + +The proprietors WILFULLY guilty of the crime of robbery! +Never did that homicidal phrase escape my pen; never did my +heart conceive the frightful thought. Thank Heaven! I know not +how to calumniate my kind; and I have too strong a desire to seek +for the reason of things to be willing to believe in criminal +conspiracies. The millionnaire is no more tainted by property +than the journeyman who works for thirty sous per day. On both +sides the error is equal, as well as the intention. The effect +is also the same, though positive in the former, and negative in +the latter. I accused property; I did not denounce the +proprietors, which would have been absurd: and I am sorry that +there are among us wills so perverse and minds so shattered that +they care for only so much of the truth as will aid them in their +evil designs. Such is the only regret which I feel on account of +my indignation, which, though expressed perhaps too bitterly, was +at least honest, and legitimate in its source. + +However, what did I do in this essay which I voluntarily +submitted to the Academy of Moral Sciences? Seeking a fixed +axiom amid social uncertainties, I traced back to one fundamental +question all the secondary questions over which, at present, so +keen and diversified a conflict is raging This question was the +right of property. Then, comparing all existing theories with +each other, and extracting from them that which is common to them +all, I endeavored to discover that element in the idea of +property which is necessary, immutable, and absolute; and +asserted, after authentic verification, that this idea is +reducible to that of INDIVIDUAL AND TRANSMISSIBLE POSSESSION; +SUSCEPTIBLE OF EXCHANGE, BUT NOT OF ALIENATION; FOUNDED ON LABOR, +AND NOT ON FICTITIOUS OCCUPANCY, OR IDLE CAPRICE. I said, +further, that this idea was the result of our revolutionary +movements,--the culminating point towards which all opinions, +gradually divesting themselves of their contradictory +elements, converge. And I tried to demonstrate this by the +spirit of the laws, by political economy, by psychology and +history. + +A Father of the Church, finishing a learned exposition of the +Catholic doctrine, cried, in the enthusiasm of his faith, +_"Domine, si error est, a te decepti sumus_ (if my religion is +false, God is to blame)." I, as well as this theologian, can +say, "If equality is a fable, God, through whom we act and think +and are; God, who governs society by eternal laws, who rewards +just nations, and punishes proprietors,--God alone is the author +of evil; God has lied. The fault lies not with me." + +But, if I am mistaken in my inferences, I should be shown my +error, and led out of it. It is surely worth the trouble, and I +think I deserve this honor. There is no ground for proscription. + +For, in the words of that member of the Convention who did not +like the guillotine, _to kill is not to reply_. Until then, I +persist in regarding my work as useful, social, full of +instruction for public officials,--worthy, in short, of reward +and encouragement. + +For there is one truth of which I am profoundly convinced,-- +nations live by absolute ideas, not by approximate and partial +conceptions; therefore, men are needed who define principles, or +at least test them in the fire of controversy. Such is the +law,--the idea first, the pure idea, the understanding of the +laws of God, the theory: practice follows with slow steps, +cautious, attentive to the succession of events; sure to seize, +towards this eternal meridian, the indications of supreme reason. + +The co-operation of theory and practice produces in humanity the +realization of order,--the absolute truth.[1] + +[1] A writer for the radical press, M. Louis Raybaud, said, in +the preface to his "Studies of Contemporary Reformers:" "Who +does not know that morality is relative? Aside from a few grand +sentiments which are strikingly instinctive, the measure of human +acts varies with nations and climates, and only civilization--the +progressive education of the race--can lead to a universal +morality. . . . The absolute escapes our contingent and finite +nature; the absolute is the secret of God." God keep from evil +M. Louis Raybaud! But I cannot help remarking that all political +apostates begin by the negation of the absolute, which is really +the negation of truth. What can a writer, who professes +scepticism, have in common with radical views? What has he to +say to his readers? What judgment is he entitled to pass upon +contemporary reformers? M. Raybaud thought it would seem wise to +repeat an old impertinence of the legist, and that may serve him +for an excuse. We all have these weaknesses. But I am surprised +that a man of so much intelligence as M. Raybaud, who STUDIES +SYSTEMS, fails to see the very thing he ought first to +recognize,--namely, that systems are the progress of the mind +towards the absolute. + + + + + +All of us, as long as we live, are called, each in proportion to +his strength, to this sublime work. The only duty which it +imposes upon us is to refrain from appropriating the truth to +ourselves, either by concealing it, or by accommodating it to the +temper of the century, or by using it for our own interests. +This principle of conscience, so grand and so simple, has always +been present in my thought. + +Consider, in fact, sir, that which I might have done, but did not +wish to do. I reason on the most honorable hypothesis. What +hindered me from concealing, for some years to come, the abstract +theory of the equality of fortunes, and, at the same time, from +criticising constitutions and codes; from showing the absolute +and the contingent, the immutable and the ephemeral, the eternal +and the transitory, in laws present and past; from constructing a +new system of legislation, and establishing on a solid foundation +this social edifice, ever destroyed and as often rebuilt? Might +I not, taking up the definitions of casuists, have clearly shown +the cause of their contradictions and uncertainties, and +supplied, at the same time, the inadequacies of their +conclusions? Might I not have confirmed this labor by a vast +historical exposition, in which the principle of exclusion, and +of the accumulation of property, the appropriation of collective +wealth, and the radical vice in exchanges, would have figured as +the constant causes of tyranny, war, and revolution? + +"It should have been done," you say. Do not doubt, sir, that +such a task would have required more patience than genius. With +the principles of social economy which I have analyzed, I would +have had only to break the ground, and follow the furrow. The +critic of laws finds nothing more difficult than to determine +justice: the labor alone would have been longer. Oh, if I had +pursued this glittering prospect, and, like the man of the +burning bush, with inspired countenance and deep and solemn +voice, had presented myself some day with new tables, there would +have been found fools to admire, boobies to applaud, and cowards +to offer me the dictatorship; for, in the way of popular +infatuations, nothing is impossible. + +But, sir, after this monument of insolence and pride, what should +I have deserved in your opinion, at the tribunal of God, and in +the judgment of free men? Death, sir, and eternal reprobation! + +I therefore spoke the truth as soon as I saw it, waiting only +long enough to give it proper expression. I pointed out error in +order that each might reform himself, and render his labors more +useful. I announced the existence of a new political element, in +order that my associates in reform, developing it in concert, +might arrive more promptly at that unity of principles which +alone can assure to society a better day. I expected to receive, +if not for my book, at least for my commendable conduct, a small +republican ovation. And, behold! journalists denounce me, +academicians curse me, political adventurers (great God!) +think to make themselves tolerable by protesting that they are +not like me! I give the formula by which the whole social +edifice may be scientifically reconstructed, and the strongest +minds reproach me for being able only to destroy. The rest +despise me, because I am unknown. When the "Essay on Property" +fell into the reformatory camp, some asked: "Who has spoken? Is +it Arago? Is it Lamennais? Michel de Bourges or Garnier-Pages?" + +And when they heard the name of a new man: "We do not know him," +they would reply. Thus, the monopoly of thought, property in +reason, oppresses the proletariat as well as the _bourgeoisie_. +The worship of the infamous prevails even on the steps of the +tabernacle. + +But what am I saying? May evil befall me, if I blame the poor +creatures! Oh! let us not despise those generous souls, who in +the excitement of their patriotism are always prompt to identify +the voice of their chiefs with the truth. Let us encourage +rather their simple credulity, enlighten complacently and +tenderly their precious sincerity, and reserve our shafts for +those vain-glorious spirits who are always admiring their genius, +and, in different tongues, caressing the people in order to +govern them. + +These considerations alone oblige me to reply to the strange and +superficial conclusions of the "Journal du Peuple" (issue of Oct. +11, 1840), on the question of property. I leave, therefore, the +journalist to address myself only to his readers. I hope that +the self-love of the writer will not be offended, if, in the +presence of the masses, I ignore an individual. + +You say, proletaires of the "Peuple," "For the very reason that +men and things exist, there always will be men who will possess +things; nothing, therefore, can destroy property." + +In speaking thus, you unconsciously argue exactly after the +manner of M. Cousin, who always reasons from _possession_ to +PROPERTY. This coincidence, however, does not surprise me. M. +Cousin is a philosopher of much mind, and you, proletaires, have +still more. Certainly it is honorable, even for a philosopher, +to be your companion in error. + +Originally, the word PROPERTY was synonymous with PROPER or +INDIVIDUAL POSSESSION. It designated each individual's special +right to the use of a thing. But when this right of use, inert +(if I may say so) as it was with regard to the other +usufructuaries, became active and paramount,--that is, when the +usufructuary converted his right to personally use the thing into +the right to use it by his neighbor's labor,--then property +changed its nature, and its idea became complex. The legists +knew this very well, but instead of opposing, as they ought, this +accumulation of profits, they accepted and sanctioned the whole. +And as the right of farm-rent necessarily implies the right +of use,--in other words, as the right to cultivate land by the +labor of a slave supposes one's power to cultivate it himself, +according to the principle that the greater includes the less,-- +the name property was reserved to designate this double right, +and that of possession was adopted to designate the right of use. + +Whence property came to be called the perfect right, the right of +domain, the eminent right, the heroic or _quiritaire_ right,--in +Latin, _jus perfectum, jus optimum, jus quiritarium, jus +dominii_,--while possession became assimilated to farm-rent. + +Now, that individual possession exists of right, or, better, from +natural necessity, all philosophers admit, and can easily e +demonstrated; but when, in imitation of M. Cousin, we assume it +to be the basis of the domain of property, we fall into the +sophism called _sophisma amphiboliae vel ambiguitatis_, which +consists in changing the meaning by a verbal equivocation. + +People often think themselves very profound, because, by the aid +of expressions of extreme generality, they appear to rise to the +height of absolute ideas, and thus deceive inexperienced minds; +and, what is worse, this is commonly called EXAMINING +ABSTRACTIONS. But the abstraction formed by the comparison of +identical facts is one thing, while that which is deduced from +different acceptations of the same term is quite another. The +first gives the universal idea, the axiom, the law; the second +indicates the order of generation of ideas. All our errors arise +from the constant confusion of these two kinds of abstractions. +In this particular, languages and philosophies are alike +deficient. The less common an idiom is, and the more obscure its +terms, the more prolific is it as a source of error: a +philosopher is sophistical in proportion to his ignorance of any +method of neutralizing this imperfection in language. If the art +of correcting the errors of speech by scientific methods is ever +discovered, then philosophy will have found its criterion of +certainty. + +Now, then, the difference between property and possession being +well established, and it being settled that the former, for the +reasons which I have just given, must necessarily disappear, is +it best, for the slight advantage of restoring an etymology, to +retain the word PROPERTY? My opinion is that it would be very +unwise to do so, and I will tell why. I quote from the "Journal +du Peuple:"-- + + +"To the legislative power belongs the right to regulate property, +to prescribe the conditions of acquiring, possessing, and +transmitting it. . . It cannot be denied that inheritance, +assessment, commerce, industry, labor, and wages require the most +important modifications." + + +You wish, proletaires, to REGULATE PROPERTY; that is, you wish +to destroy it and reduce it to the right of possession. For to +regulate property without the consent of the proprietors is +to deny the right OF DOMAIN; to associate employees with +proprietors is to destroy the EMINENT right; to suppress or +even reduce farm-rent, house-rent, revenue, and increase +generally, is to annihilate PERFECT property. Why, then, while +laboring with such laudable enthusiasm for the establishment of +equality, should you retain an expression whose equivocal meaning +will always be an obstacle in the way of your success? + +There you have the first reason--a wholly philosophical one--for +rejecting not only the thing, but the name, property. Here now +is the political, the highest reason. + +Every social revolution--M. Cousin will tell you--is effected +only by the realization of an idea, either political, moral, or +religious. When Alexander conquered Asia, his idea was to avenge +Greek liberty against the insults of Oriental despotism; when +Marius and Caesar overthrew the Roman patricians, their idea was +to give bread to the people; when Christianity revolutionized the +world, its idea was to emancipate mankind, and to substitute the +worship of one God for the deities of Epicurus and Homer; when +France rose in '89, her idea was liberty and equality before the +law. There has been no true revolution, says M. Cousin, with out +its idea; so that where an idea does not exist, or even fails of +a formal expression, revolution is impossible. There are mobs, +conspirators, rioters, regicides. There are no revolutionists. +Society, devoid of ideas, twists and tosses about, and dies in +the midst of its fruitless labor. + +Nevertheless, you all feel that a revolution is to come, and that +you alone can accomplish it. What, then, is the idea which +governs you, proletaires of the nineteenth century?--for really I +cannot call you revolutionists. What do you think?--what do you +believe?--what do you want? Be guarded in your reply. I +have read faithfully your favorite journals, your most esteemed +authors. I find everywhere only vain and puerile _entites_; +nowhere do I discover an idea. + +I will explain the meaning of this word _entite_,--new, without +doubt, to most of you. + +By _entite_ is generally understood a substance which the +imagination grasps, but which is incognizable by the senses and +the reason. Thus the SOPORIFIC POWER of opium, of which +Sganarelle speaks, and the PECCANT HUMORS of ancient medicine, +are _entites_. The _entite_ is the support of those who do not +wish to confess their ignorance. It is incomprehensible; or, as +St. Paul says, the _argumentum non apparentium_. In philosophy, +the _entite_ is often only a repetition of words which add +nothing to the thought. + +For example, when M. Pierre Leroux--who says so many excellent +things, but who is too fond, in my opinion, of his Platonic +formulas--assures us that the evils of humanity are due to our +IGNORANCE OF LIFE, M. Pierre Leroux utters an _entite;_ for it +is evident that if we are evil it is because we do not know how +to live; but the knowledge of this fact is of no value to us. + +When M. Edgar Quinet declares that France suffers and declines +because there is an ANTAGONISM of men and of interests, he +declares an _entite;_ for the problem is to discover the cause of +this antagonism. + +When M. Lamennais, in thunder tones, preaches self-sacrifice and +love, he proclaims two _entites_; for we need to know on what +conditions self-sacrifice and love can spring up and exist. + +So also, proletaires, when you talk of LIBERTY, PROGRESS, and +THE SOVEREIGNTY OF THE PEOPLE, you make of these naturally +intelligible things so many _entites_ in space: for, on the one +hand, we need a new definition of liberty, since that of '89 +no longer suffices; and, on the other, we must know in what +direction society should proceed in order to be in progress. As +for the sovereignty of the people, that is a grosser _entite_ +than the sovereignty of reason; it is the _entite_ of _entites_. +In fact, since sovereignty can no more be conceived of outside of +the people than outside of reason, it remains to be ascertained +who, among the people, shall exercise the sovereignty; and, among +so many minds, which shall be the sovereigns. To say that the +people should elect their representatives is to say that the +people should recognize their sovereigns, which does not remove +the difficulty at all. + +But suppose that, equal by birth, equal before the law, equal in +personality, equal in social functions, you wish also to be equal +in conditions. + +Suppose that, perceiving all the mutual relations of men, whether +they produce or exchange or consume, to be relations of +commutative justice,--in a word, social relations; suppose, I +say, that, perceiving this, you wish to give this natural society +a legal existence, and to establish the fact by law,-- + +I say that then you need a clear, positive, and exact expression +of your whole idea,--that is, an expression which states at once +the principle, the means, and the end; and I add that that +expression is ASSOCIATION. + +And since the association of the human race dates, at least +rightfully, from the beginning of the world, and has gradually +established and perfected itself by successively divesting itself +of its negative elements, slavery, nobility, despotism, +aristocracy, and feudalism,--I say that, to eliminate the last +negation of society, to formulate the last revolutionary idea, +you must change your old rallying-cries, NO MORE ABSOLUTISM, +NO MORE NOBILITY, NO MORE SLAVES! into that of NO MORE +PROPERTY! . . . + +But I know what astonishes you, poor souls, blasted by the wind +of poverty, and crushed by your patrons' pride: it is EQUALITY, +whose consequences frighten you. How, you have said in your +journal,--how can we "dream of a level which, being unnatural, is +therefore unjust? How shall we pay the day's labor of a Cormenin +or a Lamennais?" + +Plebeians, listen! When, after the battle of Salamis, the +Athenians assembled to award the prizes for courage, after the +ballots had been collected, it was found that each combatant had +one vote for the first prize, and Themistocles all the votes for +the second. The people of Minerva were crowned by their own +hands. Truly heroic souls! all were worthy of the olive-branch, +since all had ventured to claim it for themselves. Antiquity +praised this sublime spirit. Learn, proletaires, to esteem +yourselves, and to respect your dignity. You wish to be free, +and you know not how to be citizens. Now, whoever says +"citizens" necessarily says equals. + +If I should call myself Lamennais or Cormenin, and some journal, +speaking of me, should burst forth with these hyperboles, +INCOMPARABLE GENIUS, SUPERIOR MIND, CONSUMMATE VIRTUE, NOBLE +CHARACTER, I should not like it, and should complain,--first, +because such eulogies are never deserved; and, second, because +they furnish a bad example. But I wish, in order to reconcile +you to equality, to measure for you the greatest literary +personage of our century. Do not accuse me of envy, proletaires, +if I, a defender of equality, estimate at their proper value +talents which are universally admired, and which I, better than +any one, know how to recognize. A dwarf can always measure a +giant: all that he needs is a yardstick. + +You have seen the pretentious announcements of "L'Esquisse d'une +Philosophie," and you have admired the work on trust; for either +you have not read it, or, if you have, you are incapable of +judging it. Acquaint yourselves, then, with this speculation +more brilliant than sound; and, while admiring the enthusiasm of +the author, cease to pity those useful labors which only habit +and the great number of the persons engaged in them render +contemptible. I shall be brief; for, notwithstanding the +importance of the subject and the genius of the author, what I +have to say is of but little moment. + +M. Lamennais starts with the existence of God. How does he +demonstrate it? By Cicero's argument,--that is, by the consent +of the human race. There is nothing new in that. We have still +to find out whether the belief of the human race is legitimate; +or, as Kant says, whether our subjective certainty of the +existence of God corresponds with the objective truth. This, +however, does not trouble M. Lamennais. He says that, if the +human race believes, it is because it has a reason for believing. + +Then, having pronounced the name of God, M. Lamennais sings a +hymn; and that is his demonstration! + +This first hypothesis admitted, M. Lamennais follows it with a +second; namely, that there are three persons in God. But, while +Christianity teaches the dogma of the Trinity only on the +authority of revelation, M. Lamennais pretends to arrive at it by +the sole force of argument; and he does not perceive that his +pretended demonstration is, from beginning to end, +anthropomorphism,--that is, an ascription of the faculties of the +human mind and the powers of nature to the Divine substance. New +songs, new hymns! + +God and the Trinity thus DEMONSTRATED, the philosopher passes +to the creation,--a third hypothesis, in which M. Lamennais, +always eloquent, varied, and sublime, DEMONSTRATES that God +made the world neither of nothing, nor of something, nor of +himself; that he was free in creating, but that nevertheless he +could not but create; that there is in matter a matter which is +not matter; that the archetypal ideas of the world are separated +from each other, in the Divine mind, by a division which is +obscure and unintelligible, and yet substantial and real, which +involves intelligibility, &c. We meet with like contradictions +concerning the origin of evil. To explain this problem,--one of +the profoundest in philosophy,--M. Lamennais at one time denies +evil, at another makes God the author of evil, and at still +another seeks outside of God a first cause which is not God,--an +amalgam of _entites_ more or less incoherent, borrowed from +Plato, Proclus, Spinoza, I might say even from all philosophers. + +Having thus established his trinity of hypotheses, M. Lamennais +deduces therefrom, by a badly connected chain of analogies, his +whole philosophy. And it is here especially that we notice the +syncretism which is peculiar to him. The theory of M. Lamennais +embraces all systems, and supports all opinions. Are you a +materialist? Suppress, as useless _entites_, the three persons +in God; then, starting directly from heat, light, and electro- +magnetism,--which, according to the author, are the three +original fluids, the three primary external manifestations of +Will, Intelligence, and Love,--you have a materialistic and +atheistic cosmogony. On the contrary, are you wedded to +spiritualism? With the theory of the immateriality of the body, +you are able to see everywhere nothing but spirits. Finally, if +you incline to pantheism, you will be satisfied by M. Lamennais, +who formally teaches that the world is not an EMANATION from +Divinity,--which is pure pantheism,--but a FLOW of Divinity. + +I do not pretend, however, to deny that "L'Esquisse" contains +some excellent things; but, by the author's declaration, these +things are not original with him; it is the system which is his. +That is undoubtedly the reason why M. Lamennais speaks so +contemptuously of his predecessors in philosophy, and disdains to +quote his originals. He thinks that, since "L'Esquisse" contains +all true philosophy, the world will lose nothing when the names +and works of the old philosophers perish. M. Lamennais, who +renders glory to God in beautiful songs, does not know how as +well to render justice to his fellows. His fatal fault is this +appropriation of knowledge, which the theologians call the +PHILOSOPHICAL SIN, or the SIN AGAINST THE HOLY GHOST--a sin +which will not damn you, proletaires, nor me either. + +In short, "L'Esquisse," judged as a system, and divested of all +which its author borrows from previous systems, is a commonplace +work, whose method consists in constantly explaining the known by +the unknown, and in giving entites for abstractions, and +tautologies for proofs. Its whole theodicy is a work not of +genius but of imagination, a patching up of neo-Platonic ideas. +The psychological portion amounts to nothing, M. Lamennais openly +ridiculing labors of this character, without which, however, +metaphysics is impossible. The book, which treats of logic and +its methods, is weak, vague, and shallow. Finally, we find in +the physical and physiological speculations which M. Lamennais +deduces from his trinitarian cosmogony grave errors, the +preconceived design of accommodating facts to theory, and the +substitution in almost every case of hypothesis for reality. The +third volume on industry and art is the most interesting to read, +and the best. It is true that M. Lamennais can boast of +nothing but his style. As a philosopher, he has added not a +single idea to those which existed before him. + +Why, then, this excessive mediocrity of M. Lamennais considered +as a thinker, a mediocrity which disclosed itself at the time of +the publication of the "Essai sur l'Indifference!"? It is +because (remember this well, proletaires!) Nature makes no man +truly complete, and because the development of certain faculties +almost always excludes an equal development of the opposite +faculties; it is because M. Lamennais is preeminently a poet, a +man of feeling and sentiment. Look at his style,--exuberant, +sonorous, picturesque, vehement, full of exaggeration and +invective,--and hold it for certain that no man possessed of such +a style was ever a true metaphysician. This wealth of expression +and illustration, which everybody admires, becomes in M Lamennais +the incurable cause of his philosophical impotence. His flow of +language, and his sensitive nature misleading his imagination, he +thinks that he is reasoning when he is only repeating himself, +and readily takes a description for a logical deduction. Hence +his horror of positive ideas, his feeble powers of analysis, his +pronounced taste for indefinite analogies, verbal abstractions, +hypothetical generalities, in short, all sorts of entites. + +Further, the entire life of M. Lamennais is conclusive proof of +his anti-philosophical genius. Devout even to mysticism, an +ardent ultramontane, an intolerant theocrat, he at first feels +the double influence of the religious reaction and the literary +theories which marked the beginning of this century, and falls +back to the middle ages and Gregory VII.; then, suddenly becoming +a progressive Christian and a democrat, he gradually leans +towards rationalism, and finally falls into deism. At present, +everybody waits at the trap-door. As for me, though I would not +swear to it, I am inclined to think that M. Lamennais, +already taken with scepticism, will die in a state of +indifference. He owes to individual reason and methodical doubt +this expiation of his early essays. + +It has been pretended that M. Lamennais, preaching now a +theocracy, now universal democracy, has been always consistent; +that, under different names, he has sought invariably one and the +same thing,--unity. Pitiful excuse for an author surprised in +the very act of contradiction! What would be thought of a man +who, by turns a servant of despotism under Louis XVI, a +demagogue with Robespierre, a courtier of the Emperor, a bigot +during fifteen years of the Restoration, a conservative since +1830, should dare to say that he ever had wished for but one +thing,--public order? Would he be regarded as any the less a +renegade from all parties? Public order, unity, the world's +welfare, social harmony, the union of the nations,--concerning +each of these things there is no possible difference of opinion. +Everybody wishes them; the character of the publicist depends +only upon the means by which he proposes to arrive at them. But +why look to M. Lamennais for a steadfastness of opinion, which he +himself repudiates? Has he not said, "The mind has no law; that +which I believe to-day, I did not believe yesterday; I do not +know that I shall believe it to-morrow"? + +No; there is no real superiority among men, since all talents and +capacities are combined never in one individual. This man has +the power of thought, that one imagination and style, still +another industrial and commercial capacity. By our very nature +and education, we possess only special aptitudes which are +limited and confined, and which become consequently more +necessary as they gain in depth and strength. Capacities are to +each other as functions and persons; who would dare to classify +them in ranks? The finest genius is, by the laws of his +existence and development, the most dependent upon the society +which creates him. Who would dare to make a god of the glorious +child? + +"It is not strength which makes the man," said a Hercules of the +market-place to the admiring crowd; "it is character." That man, +who had only his muscles, held force in contempt. The lesson is +a good one, proletaires; we should profit by it. It is not +talent (which is also a force), it is not knowledge, it is not +beauty which makes the man. It is heart, courage, will, virtue. +Now, if we are equal in that which makes us men, how can the +accidental distribution of secondary faculties detract from our +manhood? + +Remember that privilege is naturally and inevitably the lot of +the weak; and do not be misled by the fame which accompanies +certain talents whose greatest merit consists in their rarity, +and a long and toilsome apprenticeship. It is easier for M. +Lamennais to recite a philippic, or sing a humanitarian ode after +the Platonic fashion, than to discover a single useful truth; it +is easier for an economist to apply the laws of production and +distribution than to write ten lines in the style of M. +Lamennais; it is easier for both to speak than to act. You, +then, who put your hands to the work, who alone truly create, why +do you wish me to admit your inferiority? But, what am I saying? + +Yes, you are inferior, for you lack virtue and will! Ready for +labor and for battle, you have, when liberty and equality are in +question, neither courage nor character! + +In the preface to his pamphlet on "Le Pays et le Gouvernement," +as well as in his defence before the jury, M. Lamennais frankly +declared himself an advocate of property. Out of regard for the +author and his misfortune, I shall abstain from characterizing +this declaration, and from examining these two sorrowful +performances. M. Lamennais seems to be only the tool of a quasi- +radical party, which flatters him in order to use him, without +respect for a glorious, but hence forth powerless, old age. What +means this profession of faith? From the first number of +"L'Avenir" to "L'Esquisse d'une Philosophie," M. Lamennais always +favors equality, association, and even a sort of vague and +indefinite communism. M. Lamennais, in recognizing the right of +property, gives the lie to his past career, and renounces his +most generous tendencies. Can it, then, be true that in this +man, who has been too roughly treated, but who is also too easily +flattered, strength of talent has already outlived strength of +will? + +It is said that M. Lamennais has rejected the offers of several +of his friends to try to procure for him a commutation of his +sentence. M. Lamennais prefers to serve out his time. May not +this affectation of a false stoicism come from the same source as +his recognition of the right of property? The Huron, when taken +prisoner, hurls insults and threats at his conqueror,--that is +the heroism of the savage; the martyr prays for his executioners, +and is willing to receive from them his life,--that is the +heroism of the Christian. Why has the apostle of love become an +apostle of anger and revenge? Has, then, the translator of +"L'Imitation" forgotten that he who offends charity cannot honor +virtue? Galileo, retracting on his knees before the tribunal of +the inquisition his heresy in regard to the movement of the +earth, and recovering at that price his liberty, seems to me a +hundred times grander than M. Lamennais. What! if we suffer for +truth and justice, must we, in retaliation, thrust our +persecutors outside the pale of human society; and, when +sentenced to an unjust punishment, must we decline exemption if +it is offered to us, because it pleases a few base +satellites to call it a pardon? Such is not the wisdom of +Christianity. But I forgot that in the presence of M. Lamennais +this name is no longer pronounced. May the prophet of "L'Avenir" +be soon restored to liberty and his friends; but, above all, may +he henceforth derive his inspiration only from his genius and his +heart! + +O proletaires, proletaires! how long are you to be victimized by +this spirit of revenge and implacable hatred which your false +friends kindle, and which, perhaps, has done more harm to the +development of reformatory ideas than the corruption, ignorance, +and malice of the government? Believe me, at the present time +everybody is to blame. In fact, in intention, or in example, all +are found wanting; and you have no right to accuse any one. The +king himself (God forgive me! I do not like to justify a +king),--the king himself is, like his predecessors, only the +personification of an idea, and an idea, proletaires, which +possesses you yet. His greatest wrong consists in wishing for +its complete realization, while you wish it realized only +partially,--consequently, in being logical in his government; +while you, in your complaints, are not at all so. You clamor for +a second regicide. He that is without sin among you,--let him +cast at the prince of property the first stone! + +How successful you would have been if, in order to influence men, +you had appealed to the self-love of men,--if, in order to alter +the constitution and the law, you had placed yourselves within +the constitution and the law! Fifty thousand laws, they say, +make up our political and civil codes. Of these fifty thousand +laws, twenty-five thousand are for you, twenty-five thousand +against you. Is it not clear that your duty is to oppose the +former to the latter, and thus, by the argument of contradiction, +drive privilege into its last ditch? This method of action +is henceforth the only useful one, being the only moral and +rational one. + +For my part, if I had the ear of this nation, to which I am +attached by birth and predilection, with no intention of playing +the leading part in the future republic, I would instruct the +laboring masses to conquer property through institutions and +judicial pleadings; to seek auxiliaries and accomplices in the +highest ranks of society, and to ruin all privileged classes by +taking advantage of their common desire for power and popularity. + +The petition for the electoral reform has already received two +hundred thousand signatures, and the illustrious Arago threatens +us with a million. Surely, that will be well done; but from this +million of citizens, who are as willing to vote for an emperor as +for equality, could we not select ten thousand signatures--I mean +bona fide signatures--whose authors can read, write, cipher, +and even think a little, and whom we could invite, after due +perusal and verbal explanation, to sign such a petition as the +following:-- + + +"TO HIS EXCELLENCY THE MINISTER OF THE INTERIOR:-- + + +"MONSIEUR LE MINISTRE,--On the day when a royal ordinance, +decreeing the establishment of model national workshops, shall +appear in the `Moniteur,' the undersigned, to the number of TEN +THOUSAND, will repair to the Palace of the Tuileries, and there, +with all the power of their lungs, will shout, `Long live Louis +Philippe!' + +"On the day when the `Moniteur' shall inform the public that this +petition is refused, the undersigned, to the number of TEN +THOUSAND, will say secretly in their hearts, `Down with Louis +Philippe!'" + + +If I am not mistaken, such a petition would have some effect.[1] +The pleasure of a popular ovation would be well worth the +sacrifice of a few millions. They sow so much to +reap unpopularity! Then, if the nation, its hopes of 1830 +restored, should feel it its duty to keep its promise,--and it +would keep it, for the word of the nation is, like that of God, +sacred,--if, I say, the nation, reconciled by this act with the +public-spirited monarchy, should bear to the foot of the throne +its cheers and its vows, and should at that solemn moment choose +me to speak in its name, the following would be the substance of +my speech:-- + +[1] The electoral reform, it is continually asserted, is not an +END, but a MEANS. Undoubtedly; but what, then, is the end? +Why not furnish an unequivocal explanation of its object? How +can the people choose their representatives, unless they know in +advance the purpose for which they choose them, and the object of +the commission which they entrust to them? + +But, it is said, the very business of those chosen by the people +is to find out the object of the reform. + +That is a quibble. What is to hinder these persons, who are to +be elected in future, from first seeking for this object, and +then, when they have found it, from communicating it to the +people? The reformers have well said, that, while the object of +the electoral reform remains in the least indefinite, it will be +only a means of transferring power from the hands of petty +tyrants to the hands of other tyrants. We know already how a +nation may be oppressed by being led to believe that it is +obeying only its own laws. The history of universal suffrage, +among all nations, is the history of the restrictions of liberty +by and in the name of the multitude. + +Still, if the electoral reform, in its present shape, were +rational, practical, acceptable to clean consciences and upright +minds, perhaps one might be excused, though ignorant of its +object, for supporting it. But, no; the text of the petition +determines nothing, makes no distinctions, requires no +conditions, no guarantee; it establishes the right without the +duty. "Every Frenchman is a voter, and eligible to office." As +well say: "Every bayonet is intelligent, every savage is +civilized, every slave is free." In its vague generality, the +reformatory petition is the weakest of abstractions, or the +highest form of political treason. Consequently, the enlightened +patriots distrust and despise each other. The most radical +writer of the time,--he whose economical and social theories are, +without comparison, the most advanced,--M. Leroux, has taken a +bold stand against universal suffrage and democratic government, +and has written an exceedingly keen criticism of J. J. Rousseau. +That is undoubtedly the reason why M. Leroux is no longer the +philosopher of "Le National." That journal, like Napoleon, does +not like men of ideas. Nevertheless, "Le National" ought to know +that he who fights against ideas will perish by ideas. + + + + +"SIRE,--This is what the nation wishes to say to your Majesty:-- + +"O King! you see what it costs to gain the applause of the +citizens. Would you like us henceforth to take for our motto: +`Let us help the King, the King will help us'? Do you wish the +people to cry: `THE KING AND THE FRENCH NATION'? Then abandon +these grasping bankers, these quarrelsome lawyers, these +miserable bourgeois, these infamous writers, these dishonored +men. All these, Sire, hate you, and continue to support you only +because they fear us. Finish the work of our kings; wipe out +aristocracy and privilege; consult with these faithful +proletaires, with the nation, which alone can honor a sovereign +and sincerely shout, `Long live the king!'" + + +The rest of what I have to say, sir, is for you alone; others +would not understand me. You are, I perceive, a republican as +well as an economist, and your patriotism revolts at the very +idea of addressing to the authorities a petition in which the +government of Louis Philippe should be tacitly recognized. +"National workshops! it were well to have such institutions +established," you think; "but patriotic hearts never will accept +them from an aristocratic ministry, nor by the courtesy of a +king." Already, undoubtedly, your old prejudices have returned, +and you now regard me only as a sophist, as ready to flatter the +powers that be as to dishonor, by pushing them to an extreme, the +principles of equality and universal fraternity. + +What shall I say to you? . . . That I should so lightly +compromise the future of my theories, either this clever +sophistry which is attributed to me must be at bottom a very +trifling affair, or else my convictions must be so firm that they +deprive me of free-will. + +But, not to insist further on the necessity of a compromise +between the executive power and the people, it seems to me, sir, +that, in doubting my patriotism, you reason very capriciously, +and that your judgments are exceedingly rash. You, sir, +ostensibly defending government and property, are allowed to +be a republican, reformer, phalansterian, any thing you wish; I, +on the contrary, demanding distinctly enough a slight reform in +public economy, am foreordained a conservative, and likewise a +friend of the dynasty. I cannot explain myself more clearly. So +firm a believer am I in the philosophy of accomplished facts and +the _statu quo_ of governmental forms that, instead of destroying +that which exists and beginning over again the past, I prefer to +render every thing legitimate by correcting it. It is true that +the corrections which I propose, though respecting the form, tend +to finally change the nature of the things corrected. Who denies +it? But it is precisely that which constitutes my system of +_statu quo_. I make no war upon symbols, figures, or phantoms. +I respect scarecrows, and bow before bugbears. I ask, on the one +hand, that property be left as it is, but that interest on all +kinds of capital be gradually lowered and finally abolished; on +the other hand, that the charter be maintained in its present +shape, but that method be introduced into administration and +politics. That is all. Nevertheless, submitting to all that is, +though not satisfied with it, I endeavor to conform to the +established order, and to render unto Caesar the things that are +Caesar's. Is it thought, for instance, that I love +property? . . . Very well; I am myself a proprietor and do +homage to the right of increase, as is proved by the fact that I +have creditors to whom I faithfully pay, every year, a large +amount of interest. The same with politics. Since we are a +monarchy, I would cry, "LONG LIVE THE KING," rather than suffer +death; which does not prevent me, however, from demanding that +the irremovable, inviolable, and hereditary representative of the +nation shall act with the proletaires against the privileged +classes; in a word, that the king shall become the leader of the +radical party. Thereby we proletaires would gain every +thing; and I am sure that, at this price, Louis Philippe might +secure to his family the perpetual presidency of the republic. +And this is why I think so. + +If there existed in France but one great functional inequality, +the duty of the functionary being, from one end of the year to +the other, to hold full court of savants, artists, soldiers, +deputies, inspectors, &c., it is evident that the expenses of the +presidency then would be the national expenses; and that, through +the reversion of the civil list to the mass of consumers, the +great inequality of which I speak would form an exact equation +with the whole nation. Of this no economist needs a +demonstration. Consequently, there would be no more fear of +cliques, courtiers, and appanages, since no new inequality could +be established. The king, as king, would have friends (unheard- +of thing), but no family. His relatives or kinsmen,--_agnats et +cognats_,--if they were fools, would be nothing to him; and in no +case, with the exception of the heir apparent, would they have, +even in court, more privileges than others. No more nepotism, no +more favor, no more baseness. No one would go to court save when +duty required, or when called by an honorable distinction; and as +all conditions would be equal and all functions equally honored, +there would be no other emulation than that of merit and virtue. +I wish the king of the French could say without shame, "My +brother the gardener, my sister-in-law the milk-maid, my son the +prince-royal, and my son the blacksmith." His daughter might well +be an artist. That would be beautiful, sir; that would be royal; +no one but a buffoon could fail to understand it. + +In this way, I have come to think that the forms of royalty may +be made to harmonize with the requirements of equality, and have +given a monarchical form to my republican spirit. I have +seen that France contains by no means as many democrats as is +generally supposed, and I have compromised with the monarchy. I +do not say, however, that, if France wanted a republic, I could +not accommodate myself equally well, and perhaps better. By +nature, I hate all signs of distinction, crosses of honor, gold +lace, liveries, costumes, honorary titles, &c., and, above all, +parades. If I had my way, no general should be distinguished +from a soldier, nor a peer of France from a peasant. Why have I +never taken part in a review? for I am happy to say, sir, that I +am a national guard; I have nothing else in the world but that. +Because the review is always held at a place which I do not like, +and because they have fools for officers whom I am compelled to +obey. You see,--and this is not the best of my history,--that, +in spite of my conservative opinions, my life is a perpetual +sacrifice to the republic. + +Nevertheless, I doubt if such simplicity would be agreeable to +French vanity, to that inordinate love of distinction and +flattery which makes our nation the most frivolous in the world. +M. Lamartine, in his grand "Meditation on Bonaparte," calls the +French A NATION OF BRUTUSES. We are merely a nation of +Narcissuses. Previous to '89, we had the aristocracy of blood; +then every bourgeois looked down upon the commonalty, and +wished to be a nobleman. Afterwards, distinction was based on +wealth, and the bourgeoisie jealous of the nobility, and proud +of their money, used 1830 to promote, not liberty by any means, +but the aristocracy of wealth. When, through the force of +events, and the natural laws of society, for the development of +which France offers such free play, equality shall be established +in functions and fortunes, then the beaux and the belles, the +savants and the artists, will form new classes. There is a +universal and innate desire in this Gallic country for fame +and glory. We must have distinctions, be they what they may,-- +nobility, wealth, talent, beauty, or dress. I suspect MM. Arage +and Garnier-Pages of having aristocratic manners, and I picture +to myself our great journalists, in their columns so friendly to +the people, administering rough kicks to the compositors in their +printing offices. + +"This man," once said "Le National" in speaking of Carrel, "whom +we had proclaimed FIRST CONSUL! . . . Is it not true that the +monarchical principle still lives in the hearts of our democrats, +and that they want universal suffrage in order to make themselves +kings? Since "Le National" prides itself on holding more fixed +opinions than "Le Journal des Debats," I presume that, Armand +Carrel being dead, M. Armand Marrast is now first consul, and M. +Garnier-Pages second consul. In every thing the deputy must give +way to the journalist. I do not speak of M. Arago, whom I +believe to be, in spite of calumny, too learned for the +consulship. Be it so. Though we have consuls, our position is +not much altered. I am ready to yield my share of sovereignty to +MM. Armand Marrast and Garnier-Pages, the appointed consuls, +provided they will swear on entering upon the duties of their +office, to abolish property and not be haughty. + +Forever promises! Forever oaths! Why should the people trust in +tribunes, when kings perjure themselves? Alas! truth and honesty +are no longer, as in the days of King John, in the mouth of +princes. A whole senate has been convicted of felony, and, the +interest of the governors always being, for some mysterious +reason, opposed to the interest of the governed, parliaments +follow each other while the nation dies of hunger. No, no! No +more protectors, no more emperors, no more consuls. Better +manage our affairs ourselves than through agents. Better +associate our industries than beg from monopolies; and, since the +republic cannot dispense with virtues, we should labor for our +reform. + +This, therefore, is my line of conduct. I preach emancipation to +the proletaires; association to the laborers; equality to the +wealthy. I push forward the revolution by all means in my +power,--the tongue, the pen, the press, by action, and example. +My life is a continual apostleship. + +Yes, I am a reformer; I say it as I think it, in good faith, and +that I may be no longer reproached for my vanity. I wish to +convert the world. Very likely this fancy springs from an +enthusiastic pride which may have turned to delirium; but it will +be admitted at least that I have plenty of company, and that my +madness is not monomania. At the present day, everybody wishes +to be reckoned among the lunatics of Beranger. To say nothing of +the Babeufs, the Marats, and the Robespierres, who swarm in our +streets and workshops, all the great reformers of antiquity live +again in the most illustrious personages of our time. One is +Jesus Christ, another Moses, a third Mahomet; this is Orpheus, +that Plato, or Pythagoras. Gregory VII., himself, has risen from +the grave together with the evangelists and the apostles; and it +may turn out that even I am that slave who, having escaped from +his master's house, was forthwith made a bishop and a reformer by +St. Paul. As for the virgins and holy women, they are expected +daily; at present, we have only Aspasias and courtesans. + +Now, as in all diseases, the diagnostic varies according to the +temperament, so my madness has its peculiar aspects and +distinguishing characteristic. + +Reformers, as a general thing, are jealous of their role; they +suffer no rivals, they want no partners; they have +disciples, but no co-laborers. It is my desire, on the +contrary, to communicate my enthusiasm, and to make it, as far as +I can, epidemic. I wish that all were, like myself, reformers, +in order that there might be no more sects; and that Christs, +Anti-Christs, and false Christs might be forced to understand and +agree with each other. + +Again, every reformer is a magician, or at least desires to +become one. Thus Moses, Jesus Christ, and the apostles, proved +their mission by miracles. Mahomet ridiculed miracles after +having endeavored to perform them. Fourier, more cunning, +promises us wonders when the globe shall be covered with +phalansteries. For myself, I have as great a horror of miracles +as of authorities, and aim only at logic. That is why I +continually search after the criterion of certainty. I work +for the reformation of ideas. Little matters it that they find +me dry and austere. I mean to conquer by a bold struggle, or die +in the attempt; and whoever shall come to the defence of +property, I swear that I will force him to argue like M. +Considerant, or philosophize like M. Troplong. + +Finally,--and it is here that I differ most from my compeers,--I +do not believe it necessary, in order to reach equality, to turn +every thing topsy-turvy. To maintain that nothing but an +overturn can lead to reform is, in my judgment, to construct a +syllogism, and to look for the truth in the regions of the +unknown. Now, I am for generalization, induction, and progress. +I regard general disappropriation as impossible: attacked from +that point, the problem of universal association seems to me +insolvable. Property is like the dragon which Hercules killed: +to destroy it, it must be taken, not by the head, but by the +tail,--that is, by profit and interest. + +I stop. I have said enough to satisfy any one who can read +and understand. The surest way by which the government can +baffle intrigues and break up parties is to take possession of +science, and point out to the nation, at an already appreciable +distance, the rising oriflamme of equality; to say to those +politicians of the tribune and the press, for whose fruitless +quarrels we pay so dearly, "You are rushing forward, blind as you +are, to the abolition of property; but the government marches +with its eyes open. You hasten the future by unprincipled and +insincere controversy; but the government, which knows this +future, leads you thither by a happy and peaceful transition. +The present generation will not pass away before France, the +guide and model of civilized nations, has regained her rank and +legitimate influence." + +But, alas! the government itself,--who shall enlighten it? Who +can induce it to accept this doctrine of equality, whose terrible +but decisive formula the most generous minds hardly dare to +acknowledge? . . . I feel my whole being tremble when I think +that the testimony of three men--yes, of three men who make it +their business to teach and define--would suffice to give full +play to public opinion, to change beliefs, and to fix destinies. +Will not the three men be found? . . . + +May we hope, or not? What must we think of those who govern us? +In the world of sorrow in which the proletaire moves, and where +nothing is known of the intentions of power, it must be said that +despair prevails. But you, sir,--you, who by function belong to +the official world; you, in whom the people recognize one of +their noblest friends, and property its most prudent adversary,-- +what say you of our deputies, our ministers, our king? Do you +believe that the authorities are friendly to us? Then let the +government declare its position; let it print its profession of +faith in equality, and I am dumb. Otherwise, I shall continue +the war; and the more obstinacy and malice is shown, the +oftener will I redouble my energy and audacity. I have said +before, and I repeat it,--I have sworn, not on the dagger and the +death's-head, amid the horrors of a catacomb, and in the presence +of men besmeared with blood; but I have sworn on my conscience to +pursue property, to grant it neither peace nor truce, until I see +it everywhere execrated. I have not yet published half the +things that I have to say concerning the right of domain, nor the +best things. Let the knights of property, if there are any who +fight otherwise than by retreating, be prepared every day for a +new demonstration and accusation; let them enter the arena armed +with reason and knowledge, not wrapped up in sophisms, for +justice will be done. + + +"To become enlightened, we must have liberty. That alone +suffices; but it must be the liberty to use the reason in regard +to all public matters. + + +"And yet we hear on every hand authorities of all kinds and +degrees crying: `Do not reason!' + + +"If a distinction is wanted, here is one:-- + +"The PUBLIC use of the reason always should be free, but the +PRIVATE use ought always to be rigidly restricted. By public +use, I mean the scientific, literary use; by private, that which +may be taken advantage of by civil officials and public +functionaries. Since the governmental machinery must be kept in +motion, in order to preserve unity and attain our object, we must +not reason; we must obey. But the same individual who is bound, +from this point of view, to passive obedience, has the right to +speak in his capacity of citizen and scholar. He can make an +appeal to the public, submit to it his observations on events +which occur around him and in the ranks above him, taking care, +however, to avoid offences which are punishable. + +"Reason, then, as much as you like; only, obey."--Kant: +Fragment on the Liberty of Thought and of the Press. Tissot's +Translation. + + +These words of the great philosopher outline for me my duty. I +have delayed the reprint of the work entitled "What is +Property?" in order that I might lift the discussion to the +philosophical height from which ridiculous clamor has dragged it +down; and that, by a new presentation of the question, I might +dissipate the fears of good citizens. I now reenter upon the +public use of my reason, and give truth full swing. The second +edition of the First Memoir on Property will immediately follow +the publication of this letter. Before issuing any thing +further, I shall await the observations of my critics, and the +co-operation of the friends of the people and of equality. + +Hitherto, I have spoken in my own name, and on my own personal +responsibility. It was my duty. I was endeavoring to call +attention to principles which antiquity could not discover, +because it knew nothing of the science which reveals them,-- +political economy. I have, then, testified as to FACTS; in +short, I have been a WITNESS. Now my role changes. It +remains for me to deduce the practical consequences of the facts +proclaimed. The position of PUBLIC PROSECUTOR is the only one +which I am henceforth fitted to fill, and I shall sum up the case +in the name of the PEOPLE. + +I am, sir, with all the consideration that I owe to your talent +and your character, + + Your very humble and most obedient servant, + P. J. PROUDHON, + Pensioner of the Academy of Besancon. + + +P.S. During the session of April 2, the Chamber of Deputies +rejected, by a very large majority, the literary-property bill, +BECAUSE IT DID NOT UNDERSTAND IT. Nevertheless, literary +property is only a special form of the right of property, +which everybody claims to understand. Let us hope that this +legislative precedent will not be fruitless for the cause of +equality. The consequence of the vote of the Chamber is the +abolition of capitalistic property,--property incomprehensible, +contradictory, impossible, and absurd. + + + + + +End of Project Gutenberg's Etext of What is Property? + diff --git a/old/pprty10.zip b/old/pprty10.zip Binary files differnew file mode 100644 index 0000000..52f5a5a --- /dev/null +++ b/old/pprty10.zip |