What is Property? Part 10

"Eternal principle,--"

Property is eternal, like every negation,--

"Of all social and civil inst.i.tutions."

For that reason, every inst.i.tution and every law based on property will perish.

"It is a boon as precious as liberty."

For the rich proprietor.

"In fact, the cause of the cultivation of the habitable earth."

If the cultivator ceased to be a tenant, would the land be worse cared for?

"The guarantee and the morality of labor."

Under the regime of property, labor is not a condition, but a privilege.

"The application of justice."

What is justice without equality of fortunes? A balance with false weights.

"All morality,--"

A famished stomach knows no morality,--

"All public order,--"

Certainly, the preservation of property,--

"Rest on the right of property." [14]

Corner-stone of all which is, stumbling-block of all which ought to be,--such is property.

To sum up and conclude:--

Not only does occupation lead to equality, it PREVENTS property. For, since every man, from the fact of his existence, has the right of occupation, and, in order to live, must have material for cultivation on which he may labor; and since, on the other hand, the number of occupants varies continually with the births and deaths,--it follows that the quant.i.ty of material which each laborer may claim varies with the number of occupants; consequently, that occupation is always subordinate to population. Finally, that, inasmuch as possession, in right, can never remain fixed, it is impossible, in fact, that it can ever become property.

Every occupant is, then, necessarily a possessor or usufructuary,--a function which excludes proprietorship. Now, this is the right of the usufructuary: he is responsible for the thing entrusted to him; he must use it in conformity with general utility, with a view to its preservation and development; he has no power to transform it, to diminish it, or to change its nature; he cannot so divide the usufruct that another shall perform the labor while he receives the product. In a word, the usufructuary is under the supervision of society, submitted to the condition of labor and the law of equality.

Thus is annihilated the Roman definition of property--THE RIGHT OF USE AND ABUSE--an immorality born of violence, the most monstrous pretension that the civil laws ever sanctioned. Man receives his usufruct from the hands of society, which alone is the permanent possessor. The individual pa.s.ses away, society is deathless.

What a profound disgust fills my soul while discussing such simple truths! Do we doubt these things to-day? Will it be necessary to again take arms for their triumph? And can force, in default of reason, alone introduce them into our laws?

ALL HAVE AN EQUAL RIGHT OF OCCUPANCY.

THE AMOUNT OCCUPIED BEING MEASURED, NOT BY THE WILL, BUT BY THE VARIABLE CONDITIONS OF s.p.a.cE AND NUMBER, PROPERTY CANNOT EXIST.

This no code has ever expressed; this no const.i.tution can admit! These are axioms which the civil law and the law of nations deny!.....

But I hear the exclamations of the partisans of another system: "Labor, labor! that is the basis of property!"

Reader, do not be deceived. This new basis of property is worse than the first, and I shall soon have to ask your pardon for having demonstrated things clearer, and refuted pretensions more unjust, than any which we have yet considered.

CHAPTER III. LABOR AS THE EFFICIENT CAUSE OF THE DOMAIN OF PROPERTY.

Nearly all the modern writers on jurisprudence, taking their cue from the economists, have abandoned the theory of first occupancy as a too dangerous one, and have adopted that which regards property as born of labor. In this they are deluded; they reason in a circle. To labor it is necessary to occupy, says M. Cousin.

Consequently, I have added in my turn, all having an equal right of occupancy, to labor it is necessary to submit to equality. "The rich,"

exclaims Jean Jacques, "have the arrogance to say, 'I built this wall; I earned this land by my labor.' Who set you the tasks? we may reply, and by what right do you demand payment from us for labor which we did not impose upon you?" All sophistry falls to the ground in the presence of this argument.

But the partisans of labor do not see that their system is an absolute contradiction of the Code, all the articles and provisions of which suppose property to be based upon the fact of first occupancy. If labor, through the appropriation which results from it, alone gives birth to property, the Civil Code lies, the charter is a falsehood, our whole social system is a violation of right. To this conclusion shall we come, at the end of the discussion which is to occupy our attention in this chapter and the following one, both as to the right of labor and the fact of property. We shall see, on the one hand, our legislation in opposition to itself; and, on the other hand, our new jurisprudence in opposition both to its own principle and to our legislation.

I have a.s.serted that the system which bases property upon labor implies, no less than that which bases it upon occupation, the equality of fortunes; and the reader must be impatient to learn how I propose to deduce this law of equality from the inequality of skill and faculties: directly his curiosity shall be satisfied. But it is proper that I should call his attention for a moment to this remarkable feature of the process; to wit, the subst.i.tution of labor for occupation as the principle of property; and that I should pa.s.s rapidly in review some of the prejudices to which proprietors are accustomed to appeal, which legislation has sanctioned, and which the system of labor completely overthrows.

Reader, were you ever present at the examination of a criminal? Have you watched his tricks, his turns, his evasions, his distinctions, his equivocations? Beaten, all his a.s.sertions overthrown, pursued like a fallow deer by the in exorable judge, tracked from hypothesis to hypothesis,--he makes a statement, he corrects it, retracts it, contradicts it, he exhausts all the tricks of dialectics, more subtle, more ingenious a thousand times than he who invented the seventy-two forms of the syllogism. So acts the proprietor when called upon to defend his right. At first he refuses to reply, he exclaims, he threatens, he defies; then, forced to accept the discussion, he arms himself with chicanery, he surrounds himself with formidable artillery,--crossing his fire, opposing one by one and all together occupation, possession, limitation, covenants, immemorial custom, and universal consent. Conquered on this ground, the proprietor, like a wounded boar, turns on his pursuers. "I have done more than occupy,"

he cries with terrible emotion; "I have labored, produced, improved, transformed, CREATED. This house, these fields, these trees are the work of my hands; I changed these brambles into a vineyard, and this bush into a fig-tree; and to-day I reap the harvest of my labors. I have enriched the soil with my sweat; I have paid those men who, had they not had the work which I gave them, would have died of hunger. No one shared with me the trouble and expense; no one shall share with me the benefits."

You have labored, proprietor! why then do you speak of original occupancy? What, were you not sure of your right, or did you hope to deceive men, and make justice an illusion? Make haste, then, to acquaint us with your mode of defence, for the judgment will be final; and you know it to be a question of rest.i.tution.

You have labored! but what is there in common between the labor which duty compels you to perform, and the appropriation of things in which there is a common interest? Do you not know that domain over the soil, like that over air and light, cannot be lost by prescription?

You have labored! have you never made others labor? Why, then, have they lost in laboring for you what you have gained in not laboring for them?

You have labored! very well; but let us see the results of your labor.

We will count, weigh, and measure them. It will be the judgment of Balthasar; for I swear by balance, level, and square, that if you have appropriated another's labor in any way whatsoever, you shall restore it every stroke.

Thus, the principle of occupation is abandoned; no longer is it said, "The land belongs to him who first gets possession of it." Property, forced into its first intrenchment, repudiates its old adage; justice, ashamed, retracts her maxims, and sorrow lowers her bandage over her blushing cheeks. And it was but yesterday that this progress in social philosophy began: fifty centuries required for the extirpation of a lie! During this lamentable period, how many usurpations have been sanctioned, how many invasions glorified, how many conquests celebrated!

The absent dispossessed, the poor banished, the hungry excluded by wealth, which is so ready and bold in action! Jealousies and wars, incendiarism and bloodshed, among the nations! But henceforth, thanks to the age and its spirit, it is to be admitted that the earth is not a prize to be won in a race; in the absence of any other obstacle, there is a place for everybody under the sun. Each one may harness his goat to the bearn, drive his cattle to pasture, sow a corner of a field, and bake his bread by his own fireside.