What is Property? Part 31

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 a.s.sociation, 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 pa.s.s upon the theory of the right of possession. I discuss no dogmas. My only object is to justify my views, and to show that, in writing as I did, I not only exercised a right, but performed a duty.

Yes, I have attacked property, and shall attack it again; but, sir, before demanding that I shall make the amende honorable for having obeyed my conscience and spoken the exact truth, condescend, I beg of you, to cast a glance at the events which are happening around us; look at our deputies, our magistrates, our philosophers, our ministers, our professors, and our publicists; examine their methods of dealing with the matter of property; count up with me the restrictions placed upon it every day in the name of the public welfare; measure the breaches already made; estimate those which society thinks of making hereafter; add the ideas concerning property held by all theories in common; interrogate history, and then tell me what will be left, half a century hence, of this old right of property; and, thus perceiving that I have so many accomplices, you will immediately declare me innocent.

What is the law of expropriation on the ground of public utility, which everybody favors, and which is even thought too lenient? [36]

A flagrant violation of the right of property. Society indemnifies, it is said, the dispossessed proprietor; but does it return to him the traditional a.s.sociations, the poetic charm, and the family pride which accompany property? Naboth, and the miller of Sans-Souci, would have protested against French law, as they protested against the caprice of their kings. "It is the field of our fathers," they would have cried, "and we will not sell it!" Among the ancients, the refusal of the individual limited the powers of the State. The Roman law bowed to the will of the citizen, and an emperor--Commodus, if I remember rightly--abandoned the project of enlarging the forum out of respect for the rights of the occupants who refused to abdicate. Property is a real right, _jus_ _in re_,--a right inherent in the thing, and whose principle lies in the external manifestation of man's will. Man leaves his imprint, stamps his character, upon the objects of his handiwork.

This plastic force of man, as the modern jurists say, is the seal which, set upon matter, makes it holy. Whoever lays hands upon it, against the proprietor's will, does violence to the latter's personality. And yet, when an administrative committee saw fit to declare that public utility required it, property had to give way to the general will. Soon, in the name of public utility, methods of cultivation and conditions of enjoyment will be prescribed; inspectors of agriculture and manufactures will be appointed; property will be taken away from unskilful hands, and entrusted to laborers who are more deserving of it; and a general superintendence of production will be established. It is not two years since I saw a proprietor destroy a forest more than five hundred acres in extent. If public utility had interfered, that forest--the only one for miles around--would still be standing.

But, it is said, expropriation on the ground of public utility is only an exception which confirms the principle, and bears testimony in favor of the right. Very well; but from this exception we will pa.s.s to another, from that to a third, and so on from exceptions to exceptions, until we have reduced the rule to a pure abstraction.

How many supporters do you think, sir, can be claimed for the project of the conversion of the public funds? I venture to say that everybody favors it, except the fund-holders. Now, this so-called conversion is an extensive expropriation, and in this case with no indemnity whatever.

The public funds are so much real estate, the income from which the proprietor counts upon with perfect safety, and which owes its value to the tacit promise of the government to pay interest upon it at the established rate, until the fund-holder applies for redemption. For, if the income is liable to diminution, it is less profitable than house-rent or farm-rent, whose rates may rise or fall according to the fluctuations in the market; and in that case, what inducement has the capitalist to invest his money in the State? When, then, you force the fund-holder to submit to a diminution of interest, you make him bankrupt to the extent of the diminution; and since, in consequence of the conversion, an equally profitable investment becomes impossible, you depreciate his property.

That such a measure may be justly executed, it must be generalized; that is, the law which provides for it must decree also that interest on sums lent on deposit or on mortgage throughout the realm, as well as house and farm-rents, shall be reduced to three per cent. This simultaneous reduction of all kinds of income would be not a whit more difficult to accomplish than the proposed conversion; and, further, it would offer the advantage of forestalling at one blow all objections to it, at the same time that it would insure a just a.s.sessment of the land-tax. See!

If at the moment of conversion a piece of real estate yields an income of one thousand francs, after the new law takes effect it will yield only six hundred francs. Now, allowing the tax to be an aliquot part--one-fourth for example--of the income derived from each piece of property, it is clear on the one hand that the proprietor would not, in order to lighten his share of the tax, underestimate the value of his property; since, house and farm-rents being fixed by the value of the capital, and the latter being measured by the tax, to depreciate his real estate would be to reduce his revenue. On the other hand, it is equally evident that the same proprietors could not overestimate the value of their property, in order to increase their incomes beyond the limits of the law, since the tenants and farmers, with their old leases in their hands, would enter a protest.

Such, sir, must be the result sooner or later of the conversion which has been so long demanded; otherwise, the financial operation of which we are speaking would be a crying injustice, unless intended as a stepping-stone. This last motive seems the most plausible one; for in spite of the clamors of interested parties, and the flagrant violation of certain rights, the public conscience is bound to fulfil its desire, and is no more affected when charged with attacking property, than when listening to the complaints of the bondholders. In this case, instinctive justice belies legal justice.

Who has not heard of the inextricable confusion into which the Chamber of Deputies was thrown last year, while discussing the question of colonial and native sugars? Did they leave these two industries to themselves? The native manufacturer was ruined by the colonist. To maintain the beet-root, the cane had to be taxed. To protect the property of the one, it became necessary to violate the property of the other. The most remarkable feature of this business was precisely that to which the least attention was paid; namely, that, in one way or another, property had to be violated. Did they impose on each industry a proportional tax, so as to preserve a balance in the market? They created a maximum PRICE for each variety of sugar; and, as this maximum PRICE was not the same, they attacked property in two ways,--on the one hand, interfering with the liberty of trade; on the other, disregarding the equality of proprietors. Did they suppress the beet-root by granting an indemnity to the manufacturer? They sacrificed the property of the tax-payer. Finally, did they prefer to cultivate the two varieties of sugar at the nation's expense, just as different varieties of tobacco are cultivated? They abolished, so far as the sugar industry was concerned, the right of property. This last course, being the most social, would have been certainly the best; but, if property is the necessary basis of civilization, how is this deep-seated antagonism to be explained? [37]

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 pa.s.sed almost unanimously. There is nothing more just, nothing more reasonable, nothing more philosophical apparently, than the motives which gave rise to this reform.

I. Formerly, the small proprietor whose obligation had arrived at maturity, and who found himself unable to meet it, had to employ all that he had left, after being released from his debt, in defraying the legal costs. Henceforth, the promptness of expropriation will save him from total ruin. 2. The difficulties in the way of payment arrested credit, and prevented the employment of capital in agricultural enterprises. This cause of distrust no longer existing, capitalists will find new markets, agriculture will rapidly develop, and farmers will be the first to enjoy the benefit of the new law. 3. Finally, it was iniquitous and absurd, that, on account of a protested note, a poor manufacturer should see in twenty-four hours his business arrested, his labor suspended, his merchandise seized, his machinery sold at auction, and finally himself led off to prison, while two years were sometimes necessary to expropriate the most miserable piece of real estate.

These arguments, and others besides, you clearly stated, sir, in your first lectures of this academic year.

But, when stating these excellent arguments, did you ask yourself, sir, whither would tend such a transformation of our system of mortgages?...

To monetize, if I may say so, landed property; to acc.u.mulate 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 cla.s.s of free and honest laborers. This certainly is not my plan for the abolition of property. Far from mobilizing the soil, I would, if possible, immobilize even the functions of pure intelligence, so that society might be the fulfilment of the intentions of Nature, who gave us our first possession, the land. For, if the instrument or capital of production is the mark of the laborer, it is also his pedestal, his support, his country, and, as the Psalmist says, THE PLACE OF HIS ACTIVITY AND HIS REST. [38]

Let us examine more closely still the inevitable and approaching result of the last law concerning judicial sales and mortgages. Under the system of compet.i.tion 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 s.p.a.ce 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 pa.s.s a hundred times sooner from his present condition to that of a serf attached to the soil. Formerly, the length of time required to effect the seizure curbed the usurer's avidity, gave the borrower an opportunity to recover himself, and gave rise to a transaction between him and his creditor which might result finally in a complete release. Now, the debtor's sentence is irrevocable: he has but a few days of grace.

And what advantages are promised by this law as an offset to this sword of Damocles, suspended by a single hair over the head of the unfortunate husbandman? The expenses of seizure will be much less, it is said; but will the interest on the borrowed capital be less exorbitant? For, after all, it is interest which impoverishes the peasant and leads to his expropriation. That the law may be in harmony with its principle, that it may be truly inspired by that spirit of justice for which it is commended, it must--while facilitating expropriation--lower the legal price of money. Otherwise, the reform concerning mortgages is but a trap set for small proprietors,--a legislative trick.

Lower interest on money! But, as we have just seen, that is to limit property. Here, sir, you shall make your own defence. More than once, in your learned lectures, I have heard you deplore the precipitancy of the Chambers, who, without previous study and without profound knowledge of the subject, voted almost unanimously to maintain the statutes and privileges of the Bank. Now these privileges, these statutes, this vote of the Chambers, mean simply this,--that the market price of specie, at five or six per cent., is not too high, and that the conditions of exchange, discount, and circulation, which generally double this interest, are none too severe. So the government thinks. M. Blanqui--a professor of political economy, paid by the State--maintains the contrary, and pretends to demonstrate, by decisive arguments, the necessity of a reform. Who, then, best understands the interests of property,--the State, or M. Blanqui?

If specie could be borrowed at half the present rate, the revenues from all sorts of property would soon be reduced one-half also. For example: when it costs less to build a house than to hire one, when it is cheaper to clear a field than to procure one already cleared, compet.i.tion inevitably leads to a reduction of house and farm-rents, since the surest way to depreciate active capital is to increase its amount. But it is a law of political economy that an increase of production augments the ma.s.s of available capital, consequently tends to raise wages, and finally to annihilate interest. Then, proprietors are interested in maintaining the statutes and privileges of the Bank; then, a reform in this matter would compromise the right of increase; then, the peers and deputies are better informed than Professor Blanqui.

But these same deputies,--so jealous of their privileges whenever the equalizing effects of a reform are within their intellectual horizon,--what did they do a few days before they pa.s.sed 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 a.s.sociate, which interferes with freedom and makes mutual insurance obligatory. Once entered upon this path, we never shall stop. Little by little the government will become manufacturer, commission-merchant, and retail dealer.

It will be the sole proprietor. Why, at all epochs, have the ministers of State been so reluctant to meddle with the question of wages?

Why have they always refused to interfere between the master and the workman? Because they knew the touchy and jealous nature of property, and, regarding it as the principle of all civilization, felt that to meddle with it would be to unsettle the very foundations of society.

Sad condition of the proprietary regime,--one of inability to exercise charity without violating justice! [39]

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 cla.s.s 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 ill.u.s.trious economist, a brilliant mind, a progressive intellect, an enthusiastic soul, a true patriot, and yet an official defender of the right of property. [40]

The honorable professor of the Conservatory proposes then,--

1. TO CHECK THE CONTINUAL EMIGRATION OF LABORERS FROM THE COUNTRY INTO THE CITIES.

But, to keep the peasant in his village, his residence there must be made endurable: to be just to all, the proletaire of the country must be treated as well as the proletaire of the city. Reform is needed, then, on farms as well as in factories; and, when the government enters the workshop, the government must seize the plough! What becomes, during this progressive invasion, of independent cultivation, exclusive domain, property?

2. TO FIX FOR EACH PROFESSION A MODERATE SALARY, VARYING WITH TIME AND PLACE AND BASED UPON CERTAIN DATA.

The object of this measure would be to secure to laborers their subsistence, and to proprietors their profits, while obliging the latter to sacrifice from motives of prudence, if for no other reason, a portion of their income. Now, I say, that this portion, in the long run, would swell until at last there would be an equality of enjoyment between the proletaire and the proprietor. For, as we have had occasion to remark several times already, the interest of the capitalist--in other words the increase of the idler--tends, on account of the power of labor, the multiplication of products and exchanges, to continually diminish, and, by constant reduction, to disappear. So that, in the society proposed by M. Blanqui, equality would not be realized at first, but would exist potentially; since property, though outwardly seeming to be industrial feudality, being no longer a principle of exclusion and encroachment, but only a privilege of division, would not be slow, thanks to the intellectual and political emanc.i.p.ation of the proletariat, in pa.s.sing into absolute equality,--as absolute at least as any thing can be on this earth.

I omit, for the sake of brevity, the numerous considerations which the professor adduces in support of what he calls, too modestly in my opinion, his Utopia. They would serve only to prove beyond all question that, of all the charlatans of radicalism who fatigue the public ear, no one approaches, for depth and clearness of thought, the audacious M.

Blanqui.

3. NATIONAL WORKSHOPS SHOULD BE IN OPERATION ONLY DURING PERIODS OF STAGNATION IN ORDINARY INDUSTRIES; AT SUCH TIMES THEY SHOULD BE OPENED AS VAST OUTLETS TO THE FLOOD OF THE LABORING POPULATION.

But, sir, the stoppage of private industry is the result of over-production, and insufficient markets. If, then, production continues in the national workshops, how will the crisis be terminated?

Undoubtedly, by the general depreciation of merchandise, and, in the last a.n.a.lysis, 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 b.r.e.a.s.t.s of the proletaires, and carry dismay into the ranks of the last representatives of privilege!

The tendency of society in favor of compelling proprietors to support national workshops and public manufactories is so strong that for several years, under the name of ELECTORAL REFORM, it has been exclusively the question of the day. What is, after all, this electoral reform which the people grasp at, as if it were a bait, and which so many ambitious persons either call for or denounce? It is the acknowledgment of the right of the ma.s.ses to a voice in the a.s.sessment of taxes, and the making of the laws; which laws, aiming always at the protection of material interests, affect, in a greater or less degree, all questions of taxation or wages. Now the people, instructed long since by their journals, their dramas, [41] and their songs, [42] know to-day that taxation, to be equitably divided, must be graduated, and must be borne mainly by the rich,--that it must be levied upon luxuries, &c. And be sure that the people, once in the majority in the Chamber, will not fail to apply these lessons. Already we have a minister of public works. National workshops will follow; and soon, as a consequence, the excess of the proprietor's revenue over the workingman's wages will be swallowed up in the coffers of the laborers of the State. Do you not see that in this way property is gradually reduced, as n.o.bility was formerly, to a nominal t.i.tle, to a distinction purely honorary in its nature?

Either the electoral reform will fail to accomplish that which is hoped from it, and will disappoint its innumerable partisans, or else it will inevitably result in a transformation of the absolute right under which we live into a right of possession; that is, that while, at present, property makes the elector, after this reform is accomplished, the citizen, the producer will be the possessor. [43] 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.

This a.s.sertion 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 doc.u.ments, even official doc.u.ments, to prove this, if necessary. For the rest, the present system is only a continuation of the munic.i.p.al system, which, in the middle ages, sprang up in connection with feudalism,--an oppressive, mischief-making system, full of petty pa.s.sions and base intrigues.

It would be an abuse of the reader's patience to insist further upon the tendency of our time towards equality. There are, moreover, so many people who denounce the present age, that nothing is gained by exposing to their view the popular, scientific, and representative tendencies of the nation.

Prompt to recognize the accuracy of the inferences drawn from observation, they confine themselves to a general censure of the facts, and an absolute denial of their legitimacy. "What wonder," they say, "that this atmosphere of equality intoxicates us, considering all that has been said and done during the past ten years!... Do you not see that society is dissolving, that a spirit of infatuation is carrying us away?

All these hopes of regeneration are but forebodings of death; your songs of triumph are like the prayers of the departing, your trumpet peals announce the baptism of a dying man. Civilization is falling in ruin: _Imus, imus, praecipites_!"

Such people deny G.o.d. 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 enfranchis.e.m.e.nt 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 inst.i.tutions, plunge into the social depths, and uncover this indestructible leaven of equality which the G.o.d 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: "G.o.d put the man into the garden to dress it." I add that labor is the cause and means of equality.

Cast away upon a desert island two men: one large, strong, and active; the other weak, timid, and domestic. The latter will die of hunger; while the other, a skilful hunter, an expert fisherman, and an indefatigable husbandman, will overstock himself with provisions. What greater inequality, in this state of Nature so dear to the heart of Jean Jacques, could be imagined! But let these two men meet and a.s.sociate themselves: the second immediately attends to the cooking, takes charge of the household affairs, and sees to the provisions, beds, and clothes; provided the stronger does not abuse his superiority by enslaving and ill-treating his companion, their social condition will be perfectly equal. Thus, through exchange of services, the inequalities of Nature neutralize each other, talents a.s.sociate, and forces balance. Violence and inertia are found only among the poor and the aristocratic. And in that lies the philosophy of political economy, the mystery of human brotherhood. _Hic est sapientia_. Let us pa.s.s from the hypothetical state of pure Nature into civilization.

The proprietor of the soil, who produces, I will suppose with the economists, by lending his instrument, receives at the foundation of a society so many bushels of grain for each acre of arable land. As long as labor is weak, and the variety of its products small, the proprietor is powerful in comparison with the laborers; he has ten times, one hundred times, the portion of an honest man. But let labor, by multiplying its inventions, multiply its enjoyments and wants, and the proprietor, if he wishes to enjoy the new products, will be obliged to reduce his income every day; and since the first products tend rather to depreciate than to rise in value,--in consequence of the continual addition of the new ones, which may be regarded as supplements of the first ones,--it follows that the idle proprietor grows poor as fast as public prosperity increases. "Incomes" (I like to quote you, sir, because it is impossible to give too good an authority for these elementary principles of economy, and because I cannot express them better myself), "incomes," you have said, "tend to disappear as capital increases. He who possesses to-day an income of twenty thousand pounds is not nearly as rich as he who possessed the same amount fifty years ago. The time is coming when all property will be a burden to the idle, and will necessarily pa.s.s into the hands of the able and industrious.

[44]..."