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An Inquiry into the Principle of Right and of Government |
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
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
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
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] 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 [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.
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.
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
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
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 [1] "What is Property?" Chap. IV., Ninth Proposition.
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
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 [1] Tu cognovisti sessionem meam et resurrectionem meam. Psalm 139.
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
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
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.[2]
The honorable professor of the Conservatory proposes then, --
1. To check the continual emigration of laborers from the country into the cities. [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. [2] Course of M. Blanqui. Lecture of Nov. 27,1840.
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
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
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 elec-
[1] In "Mazaniello," the Neapolitan fisherman demands, amid the applause of the galleries, that a tax be levied upon luxuries.
tor, 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.
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, [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.
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
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
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, [1] Lecture of December 22.
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 commandité, -- 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
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
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
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 princi
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!"
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, [1] Lecture of Jan. 15, 1841.
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
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
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!
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 [1] Lecture of Jan. 15, 1841.
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.
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 [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 Besançon: "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 [1] 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 Lacedæmon, 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, thor
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
"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 Lacedæmonian 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 Lacedæmonian,
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
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 Dædalus, 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
Cæsars, 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
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
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 Ro
"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 rôles 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
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;
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 in
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 prop- [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 Cæsar, 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
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
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 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 Catilinæ 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
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.[2] Cato, Cicero, Brutus, all the stoics so noted for
their frugality, viri frugi, -- [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. [2] Fifty, sixty, and eighty per cent. -- Course of M.
Blanqui.
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 [1] Episcopi plurimi, quos et
hortamento esse oportet cæteris et exemplo, divina prouratione contempta,
procuratores rerum sæularium 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 foenus augere. -- Cyprian:
De Lapsis. [2] In this passage, St. Cyprian alludes to lending on
mortgages and to compound interest.
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 cen
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.[2] [1] "Inquiries concerning Property among the
Romans." [2] "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
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
Cæsar, 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 "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
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
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 Cæsars, -- 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
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
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 reipublicæ 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 protégés 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 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.
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." 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. [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.
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
"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
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
Page 324
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.
Page 325
oughly 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'état which
destroyed all distinctions of fortune.
Page 326
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.
Page 327
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.
Page 328
Page 329
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'état, 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.
Page 330
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.
Page 331
mans; 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.
Page 332
Page 333
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 Cæsars 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.
Page 334
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.
Page 335
formed, 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.
Page 336
erty, 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.
Page 337
became too pressing, it declared a foreign war, and
neighboring nations were deprived of their liberty, to maintain the Roman
aristocracy.
Page 338
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.
Page 339
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.)
Page 340
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]
Page 341
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. 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?
Page 342
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.
Page 343
tury, 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."
Page 344
[footnote
continued]
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, --
Page 345
later, and three hundred thousand starving men walked the
streets of Rome: that was a revolution.
Page 346
spoils after a victory. "Hence," says M. Laboulaye, "the
expressions sortes Burgundiorum Gothorum and
Page 347
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.
Page 348
Page 349
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.
Page 350
Page 351
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."
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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.
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that which regulated the judiciary and created a sort of
law for the slave.