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What is Property? An Inquiry into the Principle of Right and of Government

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Title: What is Property? An Inquiry into the Principle of Right and of Government

Author: P.-J. Proudhon


        
Release date: November 1, 1995 [eBook #360]
                Most recently updated: November 19, 2017

Language: English

Other information and formats: www.gutenberg.org/ebooks/360

Credits: Produced by Mike Lough, and David Widger


*** START OF THE PROJECT GUTENBERG EBOOK WHAT IS PROPERTY? AN INQUIRY INTO THE PRINCIPLE OF RIGHT AND OF GOVERNMENT ***




Produced by Mike Lough





WHAT IS PROPERTY?

AN INQUIRY INTO THE PRINCIPLE OF RIGHT AND OF GOVERNMENT

By P. J. Proudhon




CONTENTS.



   P. J. PROUDHON:  HIS LIFE AND HIS WORKS

   PREFACE

   FIRST MEMOIR

   CHAPTER I.

   METHOD PURSUED IN THIS WORK.--THE IDEA OF A REVOLUTION


   CHAPTER II.

   PROPERTY CONSIDERED AS A NATURAL RIGHT.--OCCUPATION AND CIVIL LAW
   AS EFFICIENT BASES OF PROPERTY.--DEFINITIONS
   % 1.  Property as a Natural Right.
   % 2.  Occupation as the Title to Property.
   % 3.  Civil Law as the Foundation and Sanction of Property.


   CHAPTER III.

   LABOR AS THE EFFICIENT CAUSE OF THE DOMAIN OF PROPERTY
   % 1.  The Land cannot be appropriated.
   % 2.  Universal Consent no Justification of Property.
   % 3.  Prescription gives no Title to Property.
   % 4.  Labor.--That Labor has no Inherent Power to appropriate
            Natural Wealth.
   % 5.  That Labor leads to Equality of Property.
   % 6.  That in Society all Wages are Equal.
   % 7.  That Inequality of Powers is the Necessary Condition of
            Equality of Fortunes.
   % 8.  That, from the stand-point of Justice, Labor destroys
            Property.


   CHAPTER IV.

   THAT PROPERTY IS IMPOSSIBLE

   DEMONSTRATION.  AXIOM.

   Property is the Right of Increase claimed by the Proprietor over
   any thing which he has stamped as his own.

   FIRST PROPOSITION.
   Property is Impossible, because it demands Something for Nothing.

   SECOND PROPOSITION.
   Property is Impossible, because, wherever it exists, Production
   costs more than it is worth.

   THIRD PROPOSITION.
   Property is Impossible, because, with a given Capital, Production
   is proportional to Labor, not to Property.

   FOURTH PROPOSITION.
   Property is Impossible, because it is Homicide.

   FIFTH PROPOSITION.
   Property is Impossible, because, if it exists, Society devours itself.

   Appendix to the Fifth Proposition.

   SIXTH PROPOSITION.
   Property is Impossible, because it is the Mother of Tyranny.

   SEVENTH PROPOSITION.
   Property is Impossible, because, in consuming its Receipts, it
   loses them; in hoarding them, it nullifies them; and, in
   using them as Capital, it turns them against Production.

   EIGHTH PROPOSITION.
   Property is Impossible, because its Power of Accumulation is
   infinite, and is exercised only over Finite Quantities.

   NINTH PROPOSITION
   Property is Impossible, because it is powerless against Property.

   TENTH PROPOSITION.
   Property is Impossible, because it is the Negation of Equality.


   CHAPTER V.
   PSYCHOLOGICAL EXPOSITION OF THE IDEA OF JUSTICE AND IN JUSTICE,
   AND A DETERMINATION OF THE PRINCIPLE OF GOVERNMENT AND OF RIGHT.

   PART 1.

   % 1.  Of the Moral Sense in Man and the Animals.
   % 2.  Of the First and Second Degrees of Sociability.
   % 3.  Of the Third Degree of Sociability.

   PART I 1.
   % 1.  Of the Causes of our Mistakes.  The Origin of Property.
   % 2.  Characteristics of Communism and of Property.
   % 3.  Determination of the Third Form of Society.  Conclusion.


   SECOND MEMOIR
   LETTER TO M. BLANQUI ON PROPERTY





P. J. PROUDHON: HIS LIFE AND HIS WORKS.

The correspondence [1] of P. J. Proudhon, the first volumes of which we
publish to-day, has been collected since his death by the faithful
and intelligent labors of his daughter, aided by a few friends. It was
incomplete when submitted to Sainte Beuve, but the portion with which
the illustrious academician became acquainted was sufficient to allow
him to estimate it as a whole with that soundness of judgment which
characterized him as a literary critic.

He would, however, caution readers against accepting the biographer's
interpretation of the author's views as in any sense authoritative;
advising them, rather, to await the publication of the remainder
of Proudhon's writings, that they may form an opinion for
themselves.--Translator.


In an important work, which his habitual readers certainly have not
forgotten, although death did not allow him to finish it, Sainte Beuve
thus judges the correspondence of the great publicist:--

"The letters of Proudhon, even outside the circle of his particular
friends, will always be of value; we can always learn something from
them, and here is the proper place to determine the general character of
his correspondence.

"It has always been large, especially since he became so celebrated;
and, to tell the truth, I am persuaded that, in the future, the
correspondence of Proudhon will be his principal, vital work, and that
most of his books will be only accessory to and corroborative of this.
At any rate, his books can be well understood only by the aid of his
letters and the continual explanations which he makes to those who
consult him in their doubt, and request him to define more clearly his
position.

"There are, among celebrated people, many methods of correspondence.
There are those to whom letter-writing is a bore, and who, assailed with
questions and compliments, reply in the greatest haste, solely that the
job may be over with, and who return politeness for politeness, mingling
it with more or less wit. This kind of correspondence, though coming
from celebrated people, is insignificant and unworthy of collection and
classification.

"After those who write letters in performance of a disagreeable duty,
and almost side by side with them in point of insignificance, I should
put those who write in a manner wholly external, wholly superficial,
devoted only to flattery, lavishing praise like gold, without counting
it; and those also who weigh every word, who reply formally and
pompously, with a view to fine phrases and effects. They exchange words
only, and choose them solely for their brilliancy and show. You think
it is you, individually, to whom they speak; but they are addressing
themselves in your person to the four corners of Europe. Such letters
are empty, and teach as nothing but theatrical execution and the
favorite pose of their writers.

"I will not class among the latter the more prudent and sagacious
authors who, when writing to individuals, keep one eye on posterity.
We know that many who pursue this method have written long, finished,
charming, flattering, and tolerably natural letters. Beranger furnishes
us with the best example of this class.

"Proudhon, however, is a man of entirely different nature and habits.
In writing, he thinks of nothing but his idea and the person whom he
addresses: ad rem et ad hominem. A man of conviction and doctrine, to
write does not weary him; to be questioned does not annoy him. When
approached, he cares only to know that your motive is not one of futile
curiosity, but the love of truth; he assumes you to be serious, he
replies, he examines your objections, sometimes verbally, sometimes
in writing; for, as he remarks, 'if there be some points which
correspondence can never settle, but which can be made clear by
conversation in two minutes, at other times just the opposite is the
case: an objection clearly stated in writing, a doubt well expressed,
which elicits a direct and positive reply, helps things along more than
ten hours of oral intercourse!' In writing to you he does not hesitate
to treat the subject anew; he unfolds to you the foundation and
superstructure of his thought: rarely does he confess himself
defeated--it is not his way; he holds to his position, but admits the
breaks, the variations, in short, the EVOLUTION of his mind. The history
of his mind is in his letters; there it must be sought.

"Proudhon, whoever addresses him, is always ready; he quits the page
of the book on which he is at work to answer you with the same pen, and
that without losing patience, without getting confused, without
sparing or complaining of his ink; he is a public man, devoted to the
propagation of his idea by all methods, and the best method, with him,
is always the present one, the latest one. His very handwriting, bold,
uniform, legible, even in the most tiresome passages, betrays no haste,
no hurry to finish. Each line is accurate: nothing is left to chance;
the punctuation, very correct and a little emphatic and decided,
indicates with precision and delicate distinction all the links in the
chain of his argument. He is devoted entirely to you, to his business
and yours, while writing to you, and never to anything else. All the
letters of his which I have seen are serious: not one is commonplace.

"But at the same time he is not at all artistic or affected; he does
not CONSTRUCT his letters, he does not revise them, he spends no time in
reading them over; we have a first draught, excellent and clear, a jet
from the fountain-head, but that is all. The new arguments, which he
discovers in support of his ideas and which opposition suggests to
him, are an agreeable surprise, and shed a light which we should vainly
search for even in his works. His correspondence differs essentially
from his books, in that it gives you no uneasiness; it places you in
the very heart of the man, explains him to you, and leaves you with an
impression of moral esteem and almost of intellectual security. We feel
his sincerity. I know of no one to whom he can be more fitly compared in
this respect than George Sand, whose correspondence is large, and at the
same time full of sincerity. His role and his nature correspond. If
he is writing to a young man who unbosoms himself to him in sceptical
anxiety, to a young woman who asks him to decide delicate questions of
conduct for her, his letter takes the form of a short moral essay, of a
father-confessor's advice. Has he perchance attended the theatre (a
rare thing for him) to witness one of Ponsart's comedies, or a drama of
Charles Edmond's, he feels bound to give an account of his impressions
to the friend to whom he is indebted for this pleasure, and his letter
becomes a literary and philosophical criticism, full of sense, and like
no other. His familiarity is suited to his correspondent; he affects no
rudeness. The terms of civility or affection which he employs towards
his correspondents are sober, measured, appropriate to each, and honest
in their simplicity and cordiality. When he speaks of morals and the
family, he seems at times like the patriarchs of the Bible. His command
of language is complete, and he never fails to avail himself of it. Now
and then a coarse word, a few personalities, too bitter and quite unjust
or injurious, will have to be suppressed in printing; time, however, as
it passes away, permits many things and renders them inoffensive. Am I
right in saying that Proudhon's correspondence, always substantial, will
one day be the most accessible and attractive portion of his works?"


Almost the whole of Proudhon's real biography is included in his
correspondence. Up to 1837, the date of the first letter which we have
been able to collect, his life, narrated by Sainte Beuve, from whom we
make numerous extracts, may be summed up in a few pages.

Pierre Joseph Proudhon was born on the 15th of January, 1809, in
a suburb of Besancon, called Mouillere. His father and mother were
employed in the great brewery belonging to M. Renaud. His father, though
a cousin of the jurist Proudhon, the celebrated professor in the faculty
of Dijon, was a journeyman brewer. His mother, a genuine peasant, was a
common servant. She was an orderly person of great good sense; and, as
they who knew her say, a superior woman of HEROIC character,--to use the
expression of the venerable M. Weiss, the librarian at Besancon. She
it was especially that Proudhon resembled: she and his grandfather
Tournesi, the soldier peasant of whom his mother told him, and whose
courageous deeds he has described in his work on "Justice." Proudhon,
who always felt a great veneration for his mother Catharine, gave
her name to the elder of his daughters. In 1814, when Besancon was
blockaded, Mouillere, which stood in front of the walls of the town, was
destroyed in the defence of the place; and Proudhon's father established
a cooper's shop in a suburb of Battant, called Vignerons. Very honest,
but simple-minded and short-sighted, this cooper, the father of five
children, of whom Pierre Joseph was the eldest, passed his life in
poverty. At eight years of age, Proudhon either made himself useful in
the house, or tended the cattle out of doors. No one should fail to read
that beautiful and precious page of his work on "Justice," in which he
describes the rural sports which he enjoyed when a neatherd. At the age
of twelve, he was a cellar-boy in an inn. This, however, did not prevent
him from studying.

His mother was greatly aided by M. Renaud, the former owner of the
brewery, who had at that time retired from business, and was engaged in
the education of his children.

Proudhon entered school as a day-scholar in the sixth class. He was
necessarily irregular in his attendance; domestic cares and restraints
sometimes kept him from his classes. He succeeded nevertheless in his
studies; he showed great perseverance. His family were so poor that they
could not afford to furnish him with books; he was obliged to borrow
them from his comrades, and copy the text of his lessons. He has himself
told us that he was obliged to leave his wooden shoes outside the door,
that he might not disturb the classes with his noise; and that, having
no hat, he went to school bareheaded. One day, towards the close of his
studies, on returning from the distribution of the prizes, loaded with
crowns, he found nothing to eat in the house.


"In his eagerness for labor and his thirst for knowledge, Proudhon,"
says Sainte Beuve, "was not content with the instruction of his
teachers. From his twelfth to his fourteenth year, he was a constant
frequenter of the town library. One curiosity led to another, and he
called for book after book, sometimes eight or ten at one sitting. The
learned librarian, the friend and almost the brother of Charles Nodier,
M. Weiss, approached him one day, and said, smiling, 'But, my little
friend, what do you wish to do with all these books?' The child raised
his head, eyed his questioner, and replied: 'What's that to you?' And
the good M. Weiss remembers it to this day."


Forced to earn his living, Proudhon could not continue his studies. He
entered a printing-office in Besancon as a proof-reader. Becoming,
soon after, a compositor, he made a tour of France in this capacity. At
Toulon, where he found himself without money and without work, he had a
scene with the mayor, which he describes in his work on "Justice."

Sainte Beuve says that, after his tour of France, his service book being
filled with good certificates, Proudhon was promoted to the position
of foreman. But he does not tell us, for the reason that he had no
knowledge of a letter written by Fallot, of which we never heard until
six months since, that the printer at that time contemplated quitting
his trade in order to become a teacher.

Towards 1829, Fallot, who was a little older than Proudhon, and
who, after having obtained the Suard pension in 1832, died in his
twenty-ninth year, while filling the position of assistant librarian at
the Institute, was charged, Protestant though he was, with the revisal
of a "Life of the Saints," which was published at Besancon. The book was
in Latin, and Fallot added some notes which also were in Latin.


"But," says Sainte Beuve, "it happened that some errors escaped his
attention, which Proudhon, then proof-reader in the printing office,
did not fail to point out to him. Surprised at finding so good a Latin
scholar in a workshop, he desired to make his acquaintance; and soon
there sprung up between them a most earnest and intimate friendship: a
friendship of the intellect and of the heart."

Addressed to a printer between twenty-two and twenty-three years of age,
and predicting in formal terms his future fame, Fallot's letter seems to
us so interesting that we do not hesitate to reproduce it entire.


"PARIS, December 5, 1831.

"MY DEAR PROUDHON,--YOU have a right to be surprised at, and even
dissatisfied with, my long delay in replying to your kind letter; I will
tell you the cause of it. It became necessary to forward an account of
your ideas to M. J. de Gray; to hear his objections, to reply to them,
and to await his definitive response, which reached me but a short time
ago; for M. J. is a sort of financial king, who takes no pains to be
punctual in dealing with poor devils like ourselves. I, too, am careless
in matters of business; I sometimes push my negligence even to disorder,
and the metaphysical musings which continually occupy my mind, added to
the amusements of Paris, render me the most incapable man in the world
for conducting a negotiation with despatch.

"I have M. Jobard's decision; here it is: In his judgment, you are
too learned and clever for his children; he fears that you could not
accommodate your mind and character to the childish notions common
to their age and station. In short, he is what the world calls a good
father; that is, he wants to spoil his children, and, in order to do
this easily, he thinks fit to retain his present instructor, who is not
very learned, but who takes part in their games and joyous sports with
wonderful facility, who points out the letters of the alphabet to
the little girl, who takes the little boys to mass, and who, no less
obliging than the worthy Abbe P. of our acquaintance, would readily
dance for Madame's amusement. Such a profession would not suit you, you
who have a free, proud, and manly soul: you are refused; let us dismiss
the matter from our minds. Perhaps another time my solicitude will be
less unfortunate. I can only ask your pardon for having thought of thus
disposing of you almost without consulting you. I find my excuse in the
motives which guided me; I had in view your well-being and advancement
in the ways of this world.

"I see in your letter, my comrade, through its brilliant witticisms and
beneath the frank and artless gayety with which you have sprinkled it,
a tinge of sadness and despondency which pains me. You are unhappy, my
friend: your present situation does not suit you; you cannot remain in
it, it was not made for you, it is beneath you; you ought, by all
means, to leave it, before its injurious influence begins to affect your
faculties, and before you become settled, as they say, in the ways of
your profession, were it possible that such a thing could ever happen,
which I flatly deny. You are unhappy; you have not yet entered upon the
path which Nature has marked out for you. But, faint-hearted soul, is
that a cause for despondency? Ought you to feel discouraged? Struggle,
morbleu, struggle persistently, and you will triumph. J. J. Rousseau
groped about for forty years before his genius was revealed to him.
You are not J. J Rousseau; but listen: I know not whether I should have
divined the author of "Emile" when he was twenty years of age, supposing
that I had been his contemporary, and had enjoyed the honor of his
acquaintance. But I have known you, I have loved you, I have divined
your future, if I may venture to say so; for the first time in my life,
I am going to risk a prophecy. Keep this letter, read it again fifteen
or twenty years hence, perhaps twenty-five, and if at that time the
prediction which I am about to make has not been fulfilled, burn it as
a piece of folly out of charity and respect for my memory. This is my
prediction: you will be, Proudhon, in spite of yourself, inevitably,
by the fact of your destiny, a writer, an author; you will be a
philosopher; you will be one of the lights of the century, and your name
will occupy a place in the annals of the nineteenth century, like those
of Gassendi, Descartes, Malebranche, and Bacon in the seventeenth, and
those of Diderot, Montesquieu, Helvetius. Locke, Hume, and Holbach in
the eighteenth. Such will be your lot! Do now what you will, set type in
a printing-office, bring up children, bury yourself in deep seclusion,
seek obscure and lonely villages, it is all one to me; you cannot escape
your destiny; you cannot divest yourself of your noblest feature, that
active, strong, and inquiring mind, with which you are endowed; your
place in the world has been appointed, and it cannot remain empty. Go
where you please, I expect you in Paris, talking philosophy and the
doctrines of Plato; you will have to come, whether you want to or not.
I, who say this to you, must feel very sure of it in order to be willing
to put it upon paper, since, without reward for my prophetic skill,--to
which, I assure you, I make not the slightest claim,--I run the risk of
passing for a hare-brained fellow, in case I prove to be mistaken: he
plays a bold game who risks his good sense upon his cards, in return
for the very trifling and insignificant merit of having divined a young
man's future.

"When I say that I expect you in Paris, I use only a proverbial phrase
which you must not allow to mislead you as to my projects and plans.
To reside in Paris is disagreeable to me, very much so; and when this
fine-art fever which possesses me has left me, I shall abandon the place
without regret to seek a more peaceful residence in a provincial town,
provided always the town shall afford me the means of living, bread, a
bed, books, rest, and solitude. How I miss, my good Proudhon, that dark,
obscure, smoky chamber in which I dwelt in Besancon, and where we spent
so many pleasant hours in the discussion of philosophy! Do you remember
it? But that is now far away. Will that happy time ever return? Shall
we one day meet again? Here my life is restless, uncertain, precarious,
and, what is worse, indolent, illiterate, and vagrant. I do no work, I
live in idleness, I ramble about; I do not read, I no longer study; my
books are forsaken; now and then I glance over a few metaphysical works,
and after a days walk through dirty, filthy, crowded streets. I lie
down with empty head and tired body, to repeat the performance on the
following day. What is the object of these walks, you will ask. I make
visits, my friend; I hold interviews with stupid people. Then a fit of
curiosity seizes me, the least inquisitive of beings: there are museums,
libraries, assemblies, churches, palaces, gardens, and theatres to
visit. I am fond of pictures, fond of music, fond of sculpture; all
these are beautiful and good, but they cannot appease hunger, nor take
the place of my pleasant readings of Bailly, Hume, and Tennemann, which
I used to enjoy by my fireside when I was able to read.

"But enough of complaints. Do not allow this letter to affect you too
much, and do not think that I give way to dejection or despondency; no,
I am a fatalist, and I believe in my star. I do not know yet what my
calling is, nor for what branch of polite literature I am best fitted;
I do not even know whether I am, or ever shall be, fitted for any: but
what matters it? I suffer, I labor, I dream, I enjoy, I think; and, in a
word, when my last hour strikes, I shall have lived.

"Proudhon, I love you, I esteem you; and, believe me, these are not mere
phrases. What interest could I have in flattering and praising a poor
printer? Are you rich, that you may pay for courtiers? Have you a
sumptuous table, a dashing wife, and gold to scatter, in order to
attract them to your suite? Have you the glory, honors, credit, which
would render your acquaintance pleasing to their vanity and pride? No;
you are poor, obscure, abandoned; but, poor, obscure, and abandoned,
you have a friend, and a friend who knows all the obligations which that
word imposes upon honorable people, when they venture to assume it. That
friend is myself: put me to the test.

"GUSTAVE FALLOT."


It appears from this letter that if, at this period, Proudhon had
already exhibited to the eyes of a clairvoyant friend his genius for
research and investigation, it was in the direction of philosophical,
rather than of economical and social, questions.

Having become foreman in the house of Gauthier & Co., who carried on
a large printing establishment at Besancon, he corrected the proofs of
ecclesiastical writers, the Fathers of the Church. As they were printing
a Bible, a Vulgate, he was led to compare the Latin with the original
Hebrew.


"In this way," says Sainte Beuve, "he learned Hebrew by himself, and,
as everything was connected in his mind, he was led to the study of
comparative philology. As the house of Gauthier published many works
on Church history and theology, he came also to acquire, through this
desire of his to investigate everything, an extensive knowledge of
theology, which afterwards caused misinformed persons to think that he
had been in an ecclesiastical seminary."


Towards 1836, Proudhon left the house of Gauthier, and, in company
with an associate, established a small printing-office in Besancon. His
contribution to the partnership consisted, not so much in capital, as
in his knowledge of the trade. His partner committing suicide in 1838,
Proudhon was obliged to wind up the business, an operation which he did
not accomplish as quickly and as easily as he hoped. He was then urged
by his friends to enter the ranks of the competitors for the Suard
pension. This pension consisted of an income of fifteen hundred francs
bequeathed to the Academy of Besancon by Madame Suard, the widow of the
academician, to be given once in three years to the young man residing
in the department of Doubs, a bachelor of letters or of science, and
not possessing a fortune, whom the Academy of Besancon SHOULD DEEM BEST
FITTED FOR A LITERARY OR SCIENTIFIC CAREER, OR FOR THE STUDY OF LAW
OR OF MEDICINE. The first to win the Suard pension was Gustave Fallot.
Mauvais, who was a distinguished astronomer in the Academy of Sciences,
was the second. Proudhon aspired to be the third. To qualify himself, he
had to be received as a bachelor of letters, and was obliged to write a
letter to the Academy of Besancon. In a phrase of this letter, the terms
of which he had to modify, though he absolutely refused to change
its spirit, Proudhon expressed his firm resolve to labor for the
amelioration of the condition of his brothers, the working-men.

The only thing which he had then published was an "Essay on General
Grammar," which appeared without the author's signature. While
reprinting, at Besancon, the "Primitive Elements of Languages,
Discovered by the Comparison of Hebrew roots with those of the Latin and
French," by the Abbe Bergier, Proudhon had enlarged the edition of his
"Essay on General Grammar."

The date of the edition, 1837, proves that he did not at that time think
of competing for the Suard pension. In this work, which continued and
completed that of the Abbe Bergier, Proudhon adopted the same point
of view, that of Moses and of Biblical tradition. Two years later, in
February, 1839, being already in possession of the Suard pension, he
addressed to the Institute, as a competitor for the Volney prize,
a memoir entitled: "Studies in Grammatical Classification and the
Derivation of some French words." It was his first work, revised and
presented in another form. Four memoirs only were sent to the Institute,
none of which gained the prize. Two honorable mentions were granted,
one of them to memoir No. 4; that is, to P. J. Proudhon, printer at
Besancon. The judges were MM. Amedde Jaubert, Reinaud, and Burnouf.


"The committee," said the report presented at the annual meeting of the
five academies on Thursday, May 2, 1839, "has paid especial attention to
manuscripts No. 1 and No. 4. Still, it does not feel able to grant
the prize to either of these works, because they do not appear to
be sufficiently elaborated. The committee, which finds in No. 4 some
ingenious analyses, particularly in regard to the mechanism of the
Hebrew language, regrets that the author has resorted to hazardous
conjectures, and has sometimes forgotten the special recommendation of
the committee to pursue the experimental and comparative method."


Proudhon remembered this. He attended the lectures of Eugene Burnouf,
and, as soon as he became acquainted with the labors and discoveries of
Bopp and his successors, he definitively abandoned an hypothesis which
had been condemned by the Academy of Inscriptions and Belles-lettres.
He then sold, for the value of the paper, the remaining copies of the
"Essay" published by him in 1837. In 1850, they were still lying in a
grocer's back-shop.

A neighboring publisher then placed the edition on the market, with
the attractive name of Proudhon upon it. A lawsuit ensued, in which
the author was beaten. His enemies, and at that time there were many of
them, would have been glad to have proved him a renegade and a recanter.
Proudhon, in his work on "Justice," gives some interesting details of
this lawsuit.

In possession of the Suard pension, Proudhon took part in the contest
proposed by the Academy of Besancon on the question of the utility
of the celebration of Sunday. His memoir obtained honorable mention,
together with a medal which was awarded him, in open session, on the
24th of August, 1839. The reporter of the committee, the Abbe Doney,
since made Bishop of Montauban, called attention to the unquestionable
superiority of his talent.


"But," says Sainte Beuve, "he reproached him with having adopted
dangerous theories, and with having touched upon questions of practical
politics and social organization, where upright intentions and zeal for
the public welfare cannot justify rash solutions."


Was it policy, we mean prudence, which induced Proudhon to screen his
ideas of equality behind the Mosaic law? Sainte Beuve, like many others,
seems to think so. But we remember perfectly well that, having asked
Proudhon, in August, 1848, if he did not consider himself indebted in
some respects to his fellow-countryman, Charles Fourier, we received
from him the following reply: "I have certainly read Fourier, and have
spoken of him more than once in my works; but, upon the whole, I do not
think that I owe anything to him. My real masters, those who have caused
fertile ideas to spring up in my mind, are three in number: first, the
Bible; next, Adam Smith; and last, Hegel."

Freely confessed in the "Celebration of Sunday," the influence of the
Bible on Proudhon is no less manifest in his first memoir on property.
Proudhon undoubtedly brought to this work many ideas of his own; but
is not the very foundation of ancient Jewish law to be found in its
condemnation of usurious interest and its denial of the right of
personal appropriation of land?

The first memoir on property appeared in 1840, under the title, "What is
Property? or an Inquiry into the Principle of Right and of Government."
Proudhon dedicated it, in a letter which served as the preface, to the
Academy of Besancon. The latter, finding itself brought to trial by its
pensioner, took the affair to heart, and evoked it, says Sainte Beuve,
with all possible haste.

The pension narrowly escaped being immediately withdrawn from the bold
defender of the principle of equality of conditions. M. Vivien, then
Minister of Justice, who was earnestly solicited to prosecute the
author, wished first to obtain the opinion of the economist, Blanqui, a
member of the Academy of Moral and Political Sciences. Proudhon having
presented to this academy a copy of his book, M. Blanqui was appointed
to review it. This review, though it opposed Proudhon's views, shielded
him. Treated as a savant by M. Blanqui, the author was not prosecuted.
He was always grateful to MM. Blanqui and Vivien for their handsome
conduct in the matter.

M. Blanqui's review, which was partially reproduced by "Le Moniteur," on
the 7th of September, 1840, naturally led Proudhon to address to him, in
the form of a letter, his second memoir on property, which appeared
in April, 1841. Proudhon had endeavored, in his first memoir, to
demonstrate that the pursuit of equality of conditions is the true
principle of right and of government. In the "Letter to M. Blanqui," he
passes in review the numerous and varied methods by which this principle
gradually becomes realized in all societies, especially in modern
society.

In 1842, a third memoir appeared, entitled, "A Notice to Proprietors, or
a Letter to M. Victor Considerant, Editor of 'La Phalange,' in Reply
to a Defence of Property." Here the influence of Adam Smith manifested
itself, and was frankly admitted. Did not Adam Smith find, in the
principle of equality, the first of all the laws which govern wages?
There are other laws, undoubtedly; but Proudhon considers them all as
springing from the principle of property, as he defined it in his first
memoir. Thus, in humanity, there are two principles,--one which leads us
to equality, another which separates us from it. By the former, we
treat each other as associates; by the latter, as strangers, not to say
enemies. This distinction, which is constantly met with throughout the
three memoirs, contained already, in germ, the idea which gave birth to
the "System of Economical Contradictions," which appeared in 1846, the
idea of antinomy or contre-loi.

The "Notice to Proprietors" was seized by the magistrates of Besancon;
and Proudhon was summoned to appear before the assizes of Doubs within
a week. He read his written defence to the jurors in person, and was
acquitted. The jury, like M. Blanqui, viewed him only as a philosopher,
an inquirer, a savant.

In 1843, Proudhon published the "Creation of Order in Humanity," a
large volume, which does not deal exclusively with questions of social
economy. Religion, philosophy, method, certainty, logic, and dialectics
are treated at considerable length.

Released from his printing-office on the 1st of March of the same year,
Proudhon had to look for a chance to earn his living. Messrs. Gauthier
Bros., carriers by water between Mulhouse and Lyons, the eldest of whom
was Proudhon's companion in childhood, conceived the happy thought
of employing him, of utilizing his ability in their business, and in
settling the numerous points of difficulty which daily arose. Besides
the large number of accounts which his new duties required him to make
out, and which retarded the publication of the "System of Economical
Contradictions," until October, 1846, we ought to mention a work, which,
before it appeared in pamphlet form, was published in the "Revue des
Economistes,"--"Competition between Railroads and Navigable Ways."

"Le Miserere, or the Repentance of a King," which he published in
March, 1845, in the "Revue Independante," during that Lenten season when
Lacordaire was preaching in Lyons, proves that, though devoting himself
with ardor to the study of economical problems, Proudhon had not lost
his interest in questions of religious history. Among his writings on
these questions, which he was unfortunately obliged to leave unfinished,
we may mention a nearly completed history of the early Christian
heresies, and of the struggle of Christianity against Caesarism.

We have said that, in 1848, Proudhon recognized three masters. Having
no knowledge of the German language, he could not have read the works
of Hegel, which at that time had not been translated into French. It
was Charles Grun, a German, who had come to France to study the various
philosophical and socialistic systems, who gave him the substance of the
Hegelian ideas. During the winter of 1844-45, Charles Grun had some long
conversations with Proudhon, which determined, very decisively, not the
ideas, which belonged exclusively to the bisontin thinker, but the form
of the important work on which he labored after 1843, and which was
published in 1846 by Guillaumin.

Hegel's great idea, which Proudhon appropriated, and which he
demonstrates with wonderful ability in the "System of Economical
Contradictions," is as follows: Antinomy, that is, the existence of two
laws or tendencies which are opposed to each other, is possible,
not only with two different things, but with one and the same thing.
Considered in their thesis, that is, in the law or tendency which
created them, all the economical categories are rational,--competition,
monopoly, the balance of trade, and property, as well as the division
of labor, machinery, taxation, and credit. But, like communism and
population, all these categories are antinomical; all are opposed, not
only to each other, but to themselves. All is opposition, and disorder
is born of this system of opposition. Hence, the sub-title of the
work,--"Philosophy of Misery." No category can be suppressed; the
opposition, antinomy, or contre-tendance, which exists in each of them,
cannot be suppressed.

Where, then, lies the solution of the social problem? Influenced by the
Hegelian ideas, Proudhon began to look for it in a superior synthesis,
which should reconcile the thesis and antithesis. Afterwards, while at
work upon his book on "Justice," he saw that the antinomical terms do
not cancel each other, any more than the opposite poles of an electric
pile destroy each other; that they are the procreative cause of motion,
life, and progress; that the problem is to discover, not their fusion,
which would be death, but their equilibrium,--an equilibrium for ever
unstable, varying with the development of society.

On the cover of the "System of Economical Contradictions," Proudhon
announced, as soon to appear, his "Solution of the Social Problem." This
work, upon which he was engaged when the Revolution of 1848 broke
out, had to be cut up into pamphlets and newspaper articles. The two
pamphlets, which he published in March, 1848, before he became editor
of "Le Representant du Peuple," bear the same title,--"Solution of the
Social Problem." The first, which is mainly a criticism of the early
acts of the provisional government, is notable from the fact that in
it Proudhon, in advance of all others, energetically opposed the
establishment of national workshops. The second, "Organization of
Credit and Circulation," sums up in a few pages his idea of economical
progress: a gradual reduction of interest, profit, rent, taxes, and
wages. All progress hitherto has been made in this manner; in this
manner it must continue to be made. Those workingmen who favor a nominal
increase of wages are, unconsciously following a back-track, opposed to
all their interests.

After having published in "Le Representant du Peuple," the statutes of
the Bank of Exchange,--a bank which was to make no profits, since it
was to have no stockholders, and which, consequently, was to discount
commercial paper with out interest, charging only a commission
sufficient to defray its running expenses,--Proudhon endeavored, in
a number of articles, to explain its mechanism and necessity. These
articles have been collected in one volume, under the double title,
"Resume of the Social Question; Bank of Exchange." His other articles,
those which up to December, 1848, were inspired by the progress of
events, have been collected in another volume,--"Revolutionary Ideas."

Almost unknown in March, 1848, and struck off in April from the list of
candidates for the Constituent Assembly by the delegation of workingmen
which sat at the Luxembourg, Proudhon had but a very small number of
votes at the general elections of April. At the complementary elections,
which were held in the early days of June, he was elected in Paris by
seventy-seven thousand votes.

After the fatal days of June, he published an article on le terme, which
caused the first suspension of "Le Representant du Peuple." It was at
that time that he introduced a bill into the Assembly, which, being
referred to the Committee on the Finances, drew forth, first, the report
of M. Thiers, and then the speech which Proudhon delivered, on the
31st of July, in reply to this report. "Le Representant du Peuple,"
reappearing a few days later, he wrote, a propos of the law requiring
journals to give bonds, his famous article on "The Malthusians" (August
10, 1848).

Ten days afterwards, "Le Representant du Peuple," again suspended,
definitively ceased to appear. "Le Peuple," of which he was the
editor-in-chief, and the first number of which was issued in the early
part of September, appeared weekly at first, for want of sufficient
bonds; it afterwards appeared daily, with a double number once a week.
Before "Le Peuple" had obtained its first bond, Proudhon published a
remarkable pamphlet on the "Right to Labor,"--a right which he denied
in the form in which it was then affirmed. It was during the same
period that he proposed, at the Poissonniere banquet, his Toast to the
Revolution.

Proudhon, who had been asked to preside at the banquet, refused, and
proposed in his stead, first, Ledru-Rollin, and then, in view of the
reluctance of the organizers of the banquet, the illustrious president
of the party of the Mountain, Lamennais. It was evidently his intention
to induce the representatives of the Extreme Left to proclaim at last
with him the Democratic and Social Republic. Lamennais being accepted by
the organizers, the Mountain promised to be present at the banquet. The
night before, all seemed right, when General Cavaignac replaced Minister
Senart by Minister Dufaure-Vivien. The Mountain, questioning the
government, proposed a vote of confidence in the old minister, and,
tacitly, of want of confidence in the new. Proudhon abstained from
voting on this proposition. The Mountain declared that it would not
attend the banquet, if Proudhon was to be present. Five Montagnards,
Mathieu of Drome at their head, went to the temporary office of "Le
Peuple" to notify him of this. "Citizen Proudhon," said they to the
organizers in his presence, "in abstaining from voting to-day on
the proposition of the Mountain, has betrayed the Republican cause."
Proudhon, vehemently questioned, began his defence by recalling, on
the one hand, the treatment which he had received from the dismissed
minister; and, on the other, the impartial conduct displayed towards him
in 1840 by M. Vivien, the new minister. He then attacked the Mountain by
telling its delegates that it sought only a pretext, and that really, in
spite of its professions of Socialism in private conversation, whether
with him or with the organizers of the banquet, it had not the courage
to publicly declare itself Socialist.

On the following day, in his Toast to the Revolution, a toast which
was filled with allusions to the exciting scene of the night before,
Proudhon commenced his struggle against the Mountain. His duel with
Felix Pyat was one of the episodes of this struggle, which became less
bitter on Proudhon's side after the Mountain finally decided to publicly
proclaim the Democratic and Social Republic. The campaign for the
election of a President of the Republic had just begun. Proudhon made
a very sharp attack on the candidacy of Louis Bonaparte in a pamphlet
which is regarded as one of his literary chefs-d'oeuvre: the "Pamphlet
on the Presidency." An opponent of this institution, against which he
had voted in the Constituent Assembly, he at first decided to take no
part in the campaign. But soon seeing that he was thus increasing the
chances of Louis Bonaparte, and that if, as was not at all probable, the
latter should not obtain an absolute majority of the votes, the Assembly
would not fail to elect General Cavaignac, he espoused, for the sake of
form, the candidacy of Raspail, who was supported by his friends in
the Socialist Committee. Charles Delescluze, the editor-in-chief of
"La Revolution Democratique et Sociale," who could not forgive him for
having preferred Raspail to Ledru-Rollin, the candidate of the Mountain,
attacked him on the day after the election with a violence which
overstepped all bounds. At first, Proudhon had the wisdom to refrain
from answering him. At length, driven to an extremity, he became
aggressive himself, and Delescluze sent him his seconds. This time,
Proudhon positively refused to fight; he would not have fought with
Felix Pyat, had not his courage been called in question.

On the 25th of January, 1849, Proudhon, rising from a sick bed, saw
that the existence of the Constituent Assembly was endangered by the
coalition of the monarchical parties with Louis Bonaparte, who was
already planning his coup d'Etat. He did not hesitate to openly attack
the man who had just received five millions of votes. He wanted to break
the idol; he succeeded only in getting prosecuted and condemned himself.
The prosecution demanded against him was authorized by a majority of the
Constituent Assembly, in spite of the speech which he delivered on that
occasion. Declared guilty by the jury, he was sentenced, in March, 1849,
to three years' imprisonment and the payment of a fine of ten thousand
francs.

Proudhon had not abandoned for a single moment his project of a Bank of
Exchange, which was to operate without capital with a sufficient number
of merchants and manufacturers for adherents. This bank, which he then
called the Bank of the People, and around which he wished to gather the
numerous working-people's associations which had been formed since
the 24th of February, 1848, had already obtained a certain number of
subscribers and adherents, the latter to the number of thirty-seven
thousand. It was about to commence operations, when Proudhon's sentence
forced him to choose between imprisonment and exile. He did not hesitate
to abandon his project and return the money to the subscribers. He
explained the motives which led him to this decision in an article in
"Le Peuple."

Having fled to Belgium, he remained there but a few days, going thence
to Paris, under an assumed name, to conceal himself in a house in the
Rue de Chabrol. From his hiding-place he sent articles almost every
day, signed and unsigned, to "Le Peuple." In the evening, dressed in a
blouse, he went to some secluded spot to take the air. Soon, emboldened
by habit, he risked an evening promenade upon the Boulevards, and
afterwards carried his imprudence so far as to take a stroll by daylight
in the neighborhood of the Gare du Nord. It was not long before he was
recognized by the police, who arrested him on the 6th of June, 1849, in
the Rue du Faubourg-Poissonniere.

Taken to the office of the prefect of police, then to Sainte-Pelagie,
he was in the Conciergerie on the day of the 13th of June, 1849, which
ended with the violent suppression of "Le Peuple." He then began to
write the "Confessions of a Revolutionist," published towards the end
of the year. He had been again transferred to Sainte-Pelagie, when he
married, in December, 1849, Mlle. Euphrasie Piegard, a young working
girl whose hand he had requested in 1847. Madame Proudhon bore him four
daughters, of whom but two, Catherine and Stephanie, survived their
father. Stephanie died in 1873.

In October, 1849, "Le Peuple" was replaced by a new journal, "La Voix
du Peuple," which Proudhon edited from his prison cell. In it were
published his discussions with Pierre Leroux and Bastiat.

The political articles which he sent to "La Voix du Peuple" so
displeased the government finally, that it transferred him to Doullens,
where he was secretly confined for some time. Afterwards taken back
to Paris, to appear before the assizes of the Seine in reference to
an article in "La Voix du Peuple," he was defended by M. Cremieux and
acquitted. From the Conciergerie he went again to Sainte-Pelagie, where
he ended his three years in prison on the 6th of June, 1852.

"La Voix du Peuple," suppressed before the promulgation of the law of
the 31st of May, had been replaced by a weekly sheet, "Le Peuple" of
1850. Established by the aid of the principal members of the Mountain,
this journal soon met with the fate of its predecessors.

In 1851, several months before the coup d'Etat, Proudhon published the
"General Idea of the Revolution of the Nineteenth Century," in which,
after having shown the logical series of unitary governments,--from
monarchy, which is the first term, to the direct government of the
people, which is the last,--he opposes the ideal of an-archy or
self-government to the communistic or governmental ideal.

At this period, the Socialist party, discouraged by the elections of
1849, which resulted in a greater conservative triumph than those of
1848, and justly angry with the national representative body which
had just passed the law of the 31st of May, 1850, demanded direct
legislation and direct government. Proudhon, who did not want, at any
price, the plebiscitary system which he had good reason to regard as
destructive of liberty, did not hesitate to point out, to those of his
friends who expected every thing from direct legislation, one of the
antinomies of universal suffrage. In so far as it is an institution
intended to achieve, for the benefit of the greatest number, the social
reforms to which landed suffrage is opposed, universal suffrage is
powerless; especially if it pretends to legislate or govern directly.
For, until the social reforms are accomplished, the greatest number is
of necessity the least enlightened, and consequently the least capable
of understanding and effecting reforms. In regard to the antinomy,
pointed out by him, of liberty and government,--whether the latter be
monarchic, aristocratic, or democratic in form,--Proudhon, whose chief
desire was to preserve liberty, naturally sought the solution in the
free contract. But though the free contract may be a practical solution
of purely economical questions, it cannot be made use of in politics.
Proudhon recognized this ten years later, when his beautiful study on
"War and Peace" led him to find in the FEDERATIVE PRINCIPLE the exact
equilibrium of liberty and government.

"The Social Revolution Demonstrated by the Coup d' Etat" appeared in
1852, a few months after his release from prison. At that time, terror
prevailed to such an extent that no one was willing to publish his
book without express permission from the government. He succeeded in
obtaining this permission by writing to Louis Bonaparte a letter which
he published at the same time with the work. The latter being offered
for sale, Proudhon was warned that he would not be allowed to publish
any more books of the same character. At that time he entertained the
idea of writing a universal history entitled "Chronos." This project was
never fulfilled.

Already the father of two children, and about to be presented with a
third, Proudhon was obliged to devise some immediate means of gaining a
living; he resumed his labors, and published, at first anonymously, the
"Manual of a Speculator in the Stock-Exchange." Later, in 1857, after
having completed the work, he did not hesitate to sign it, acknowledging
in the preface his indebtedness to his collaborator, G. Duchene.

Meantime, he vainly sought permission to establish a journal, or review.
This permission was steadily refused him. The imperial government
always suspected him after the publication of the "Social Revolution
Demonstrated by the Coup d'Etat."

Towards the end of 1853, Proudhon issued in Belgium a pamphlet entitled
"The Philosophy of Progress." Entirely inoffensive as it was, this
pamphlet, which he endeavored to send into France, was seized on the
frontier. Proudhon's complaints were of no avail.

The empire gave grants after grants to large companies. A financial
society, having asked for the grant of a railroad in the east of France,
employed Proudhon to write several memoirs in support of this demand.
The grant was given to another company. The author was offered an
indemnity as compensation, to be paid (as was customary in such cases)
by the company which received the grant. It is needless to say that
Proudhon would accept nothing. Then, wishing to explain to the public,
as well as to the government, the end which he had in view, he
published the work entitled "Reforms to be Effected in the Management of
Railroads."

Towards the end of 1854, Proudhon had already begun his book on
"Justice," when he had a violent attack of cholera, from which he
recovered with great difficulty. Ever afterwards his health was
delicate.

At last, on the 22d of April, 1858, he published, in three large
volumes, the important work upon which he had labored since 1854. This
work had two titles: the first, "Justice in the Revolution and in the
Church;" the second, "New Principles of Practical Philosophy, addressed
to His Highness Monseigneur Mathieu, Cardinal-Archbishop of Besancon."
On the 27th of April, when there had scarcely been time to read the
work, an order was issued by the magistrate for its seizure; on the
28th the seizure was effected. To this first act of the magistracy,
the author of the incriminated book replied on the 11th of May in a
strongly-motived petition, demanding a revision of the concordat of
1802; or, in other words, a new adjustment of the relations between
Church and State. At bottom, this petition was but the logical
consequence of the work itself. An edition of a thousand copies being
published on the 17th of May, the "Petition to the Senate" was regarded
by the public prosecutor as an aggravation of the offence or offences
discovered in the body of the work to which it was an appendix, and was
seized in its turn on the 23d. On the first of June, the author appealed
to the Senate in a second "Petition," which was deposited with the
first in the office of the Secretary of the Assembly, the guardian and
guarantee, according to the constitution of 1852, of the principles
of '89. On the 2d of June, the two processes being united, Proudhon
appeared at the bar with his publisher, the printer of the book, and
the printer of the petition, to receive the sentence of the police
magistrate, which condemned him to three years' imprisonment, a fine of
four thousand francs, and the suppression of his work. It is needless
to say that the publisher and printers were also condemned by the sixth
chamber.

Proudhon lodged an appeal; he wrote a memoir which the law of 1819, in
the absence of which he would have been liable to a new prosecution,
gave him the power to publish previous to the hearing. Having decided
to make use of the means which the law permitted, he urged in vain the
printers who were prosecuted with him to lend him their aid. He then
demanded of Attorney-General Chaix d'Est Ange a statement to the effect
that the twenty-third article of the law of the 17th of May, 1819,
allows a written defence, and that a printer runs no risk in printing
it. The attorney-general flatly refused. Proudhon then started for
Belgium, where he printed his defence, which could not, of course, cross
the French frontier. This memoir is entitled to rank with the best of
Beaumarchais's; it is entitled: "Justice prosecuted by the Church;
An Appeal from the Sentence passed upon P. J. Proudhon by the Police
Magistrate of the Seine, on the 2d of June, 1858." A very close
discussion of the grounds of the judgment of the sixth chamber, it was
at the same time an excellent resume of his great work.

Once in Belgium, Proudhon did not fail to remain there. In 1859, after
the general amnesty which followed the Italian war, he at first thought
himself included in it. But the imperial government, consulted by his
friends, notified him that, in its opinion, and in spite of the contrary
advice of M. Faustin Helie, his condemnation was not of a political
character. Proudhon, thus classed by the government with the authors
of immoral works, thought it beneath his dignity to protest, and waited
patiently for the advent of 1863 to allow him to return to France.

In Belgium, where he was not slow in forming new friendships, he
published in 1859-60, in separate parts, a new edition of his great work
on "Justice." Each number contained, in addition to the original text
carefully reviewed and corrected, numerous explanatory notes and some
"Tidings of the Revolution." In these tidings, which form a sort of
review of the progress of ideas in Europe, Proudhon sorrowfully
asserts that, after having for a long time marched at the head of the
progressive nations, France has become, without appearing to suspect it,
the most retrogressive of nations; and he considers her more than once
as seriously threatened with moral death.

The Italian war led him to write a new work, which he published in 1861,
entitled "War and Peace." This work, in which, running counter to
a multitude of ideas accepted until then without examination, he
pronounced for the first time against the restoration of an aristocratic
and priestly Poland, and against the establishment of a unitary
government in Italy, created for him a multitude of enemies. Most of
his friends, disconcerted by his categorical affirmation of a right
of force, notified him that they decidedly disapproved of his new
publication. "You see," triumphantly cried those whom he had always
combated, "this man is only a sophist."

Led by his previous studies to test every thing by the question of
right, Proudhon asks, in his "War and Peace," whether there is a real
right of which war is the vindication, and victory the demonstration.
This right, which he roughly calls the right of the strongest or the
right of force, and which is, after all, only the right of the most
worthy to the preference in certain definite cases, exists, says
Proudhon, independently of war. It cannot be legitimately vindicated
except where necessity clearly demands the subordination of one will to
another, and within the limits in which it exists; that is, without ever
involving the enslavement of one by the other. Among nations, the right
of the majority, which is only a corollary of the right of force, is
as unacceptable as universal monarchy. Hence, until equilibrium is
established and recognized between States or national forces, there must
be war. War, says Proudhon, is not always necessary to determine which
side is the strongest; and he has no trouble in proving this by examples
drawn from the family, the workshop, and elsewhere. Passing then to the
study of war, he proves that it by no means corresponds in practice to
that which it ought to be according to his theory of the right of force.
The systematic horrors of war naturally lead him to seek a cause for
it other than the vindication of this right; and then only does the
economist take it upon himself to denounce this cause to those who, like
himself, want peace. The necessity of finding abroad a compensation
for the misery resulting in every nation from the absence of economical
equilibrium, is, according to Proudhon, the ever real, though ever
concealed, cause of war. The pages devoted to this demonstration and to
his theory of poverty, which he clearly distinguishes from misery and
pauperism, shed entirely new light upon the philosophy of history. As
for the author's conclusion, it is a very simple one. Since the treaty
of Westphalia, and especially since the treaties of 1815, equilibrium
has been the international law of Europe. It remains now, not to destroy
it, but, while maintaining it, to labor peacefully, in every nation
protected by it, for the equilibrium of economical forces. The last line
of the book, evidently written to check imperial ambition, is: "Humanity
wants no more war."

In 1861, after Garibaldi's expedition and the battle of Castelfidardo,
Proudhon immediately saw that the establishment of Italian unity would
be a severe blow to European equilibrium. It was chiefly in order to
maintain this equilibrium that he pronounced so energetically in
favor of Italian federation, even though it should be at first only
a federation of monarchs. In vain was it objected that, in being
established by France, Italian unity would break European equilibrium in
our favor. Proudhon, appealing to history, showed that every State which
breaks the equilibrium in its own favor only causes the other States to
combine against it, and thereby diminishes its influence and power. He
added that, nations being essentially selfish, Italy would not fail,
when opportunity offered, to place her interest above her gratitude.

To maintain European equilibrium by diminishing great States and
multiplying small ones; to unite the latter in organized federations,
not for attack, but for defence; and with these federations, which, if
they were not republican already, would quickly become so, to hold in
check the great military monarchies,--such, in the beginning of 1861,
was the political programme of Proudhon.

The object of the federations, he said, will be to guarantee, as far as
possible, the beneficent reign of peace; and they will have the
further effect of securing in every nation the triumph of liberty over
despotism. Where the largest unitary State is, there liberty is in the
greatest danger; further, if this State be democratic, despotism without
the counterpoise of majorities is to be feared. With the federation, it
is not so. The universal suffrage of the federal State is checked by the
universal suffrage of the federated States; and the latter is offset in
its turn by PROPERTY, the stronghold of liberty, which it tends, not to
destroy, but to balance with the institutions of MUTUALISM.

All these ideas, and many others which were only hinted at in his
work on "War and Peace," were developed by Proudhon in his subsequent
publications, one of which has for its motto, "Reforms always, Utopias
never." The thinker had evidently finished his evolution.

The Council of State of the canton of Vaud having offered prizes for
essays on the question of taxation, previously discussed at a congress
held at Lausanne, Proudhon entered the ranks and carried off the first
prize. His memoir was published in 1861 under the title of "The Theory
of Taxation."

About the same time, he wrote at Brussels, in "L'Office de Publicite,"
some remarkable articles on the question of literary property, which
was discussed at a congress held in Belgium, These articles must not be
confounded with "Literary Majorats," a more complete work on the same
subject, which was published in 1863, soon after his return to France.

Arbitrarily excepted from the amnesty in 1859, Proudhon was pardoned two
years later by a special act. He did not wish to take advantage of this
favor, and seemed resolved to remain in Belgium until the 2d of June,
1863, the time when he was to acquire the privilege of prescription,
when an absurd and ridiculous riot, excited in Brussels by an article
published by him on federation and unity in Italy, induced him to hasten
his return to France. Stones were thrown against the house in which
he lived, in the Faubourg d'Ixelles. After having placed his wife and
daughters in safety among his friends at Brussels, he arrived in Paris
in September, 1862, and published there, "Federation and Italian Unity,"
a pamphlet which naturally commences with the article which served as a
pretext for the rioters in Brussels.

Among the works begun by Proudhon while in Belgium, which death did not
allow him to finish, we ought to mention a "History of Poland," which
will be published later; and, "The Theory of Property," which appeared
in 1865, before "The Gospels Annotated," and after the volume entitled
"The Principle of Art and its Social Destiny."

The publications of Proudhon, in 1863, were: 1. "Literary Majorats: An
Examination of a Bill having for its object the Creation of a Perpetual
Monopoly for the Benefit of Authors, Inventors, and Artists;" 2.
"The Federative Principle and the Necessity of Re-establishing the
Revolutionary party;" 3. "The Sworn Democrats and the Refractories;" 4.
"Whether the Treaties of 1815 have ceased to exist? Acts of the Future
Congress."

The disease which was destined to kill him grew worse and worse; but
Proudhon labored constantly!... A series of articles, published in 1864
in "Le Messager de Paris," have been collected in a pamphlet under the
title of "New Observations on Italian Unity." He hoped to publish
during the same year his work on "The Political Capacity of the Working
Classes," but was unable to write the last chapter.... He grew weaker
continually. His doctor prescribed rest. In the month of August he went
to Franche-Comte, where he spent a month. Having returned to Paris,
he resumed his labor with difficulty.... From the month of December
onwards, the heart disease made rapid progress; the oppression became
insupportable, his legs were swollen, and he could not sleep....

On the 19th of January, 1865, he died, towards two o'clock in the
morning, in the arms of his wife, his sister-in-law, and the friend who
writes these lines....

The publication of his correspondence, to which his daughter Catherine
is faithfully devoted, will tend, no doubt, to increase his reputation
as a thinker, as a writer, and as an honest man.

J. A. LANGLOIS.




PREFACE.

The following letter served as a preface to the first edition of this
memoir:--


"To the Members of the Academy of Besancon

"PARIS, June 30, 1840.


"GENTLEMEN,--In the course of your debate of the 9th of May, 1833,
in regard to the triennial pension established by Madame Suard, you
expressed the following wish:--

"'The Academy requests the titulary to present it annually, during the
first fortnight in July, with a succinct and logical statement of the
various studies which he has pursued during the year which has just
expired.'

"I now propose, gentlemen, to discharge this duty.

"When I solicited your votes, I boldly avowed my intention to bend my
efforts to the discovery of some means of AMELIORATING THE PHYSICAL,
MORAL, AND INTELLECTUAL CONDITION OF THE MERE NUMEROUS AND POORER
CLASSES. This idea, foreign as it may have seemed to the object of my
candidacy, you received favorably; and, by the precious distinction with
which it has been your pleasure to honor me, you changed this formal
offer into an inviolable and sacred obligation. Thenceforth I understood
with how worthy and honorable a society I had to deal: my regard for
its enlightenment, my recognition of its benefits, my enthusiasm for its
glory, were unbounded.

"Convinced at once that, in order to break loose from the beaten paths
of opinions and systems, it was necessary to proceed in my study of man
and society by scientific methods, and in a rigorous manner, I devoted
one year to philology and grammar; linguistics, or the natural history
of speech, being, of all the sciences, that which was best suited to
the character of my mind, seemed to bear the closest relation to the
researches which I was about to commence. A treatise, written at
this period upon one of the most interesting questions of comparative
grammar,[2] if it did not reveal the astonishing success, at least bore
witness to the thoroughness, of my labors.

"Since that time, metaphysics and moral science have been my only
studies; my perception of the fact that these sciences, though badly
defined as to their object and not confined to their sphere, are, like
the natural sciences, susceptible of demonstration and certainty, has
already rewarded my efforts.

"But, gentlemen, of all the masters whom I have followed, to none do
I owe so much as to you. Your co-operation, your programmes, your
instructions, in agreement with my secret wishes and most cherished
hopes, have at no time failed to enlighten me and to point out my road;
this memoir on property is the child of your thought.

"In 1838, the Academy of Besancon proposed the following question:
TO WHAT CAUSES MUST WE ATTRIBUTE THE CONTINUALLY INCREASING NUMBER OF
SUICIDES, AND WHAT ARE THE PROPER MEANS FOR ARRESTING THE EFFECTS OF
THIS MORAL CONTAGION?

"Thereby it asked, in less general terms, what was the cause of the
social evil, and what was its remedy? You admitted that yourselves,
gentlemen when your committee reported that the competitors had
enumerated with exactness the immediate and particular causes of
suicide, as well as the means of preventing each of them; but that
from this enumeration, chronicled with more or less skill, no positive
information had been gained, either as to the primary cause of the evil,
or as to its remedy.

"In 1839, your programme, always original and varied in its academical
expression, became more exact. The investigations of 1838 had pointed
out, as the causes or rather as the symptoms of the social malady,
the neglect of the principles of religion and morality, the desire for
wealth, the passion for enjoyment, and political disturbances. All these
data were embodied by you in a single proposition: _THE UTILITY OF THE
CELEBRATION OF SUNDAY AS REGARDS HYGIENE, MORALITY, AND SOCIAL AND
POLITICAL RELATION_.

"In a Christian tongue you asked, gentlemen, what was the true system
of society. A competitor [3] dared to maintain, and believed that he
had proved, that the institution of a day of rest at weekly intervals
is inseparably bound up with a political system based on the equality of
conditions; that without equality this institution is an anomaly and
an impossibility: that equality alone can revive this ancient and
mysterious keeping of the seventh day. This argument did not meet with
your approbation, since, without denying the relation pointed out by
the competitor, you judged, and rightly gentlemen, that the principle of
equality of conditions not being demonstrated, the ideas of the author
were nothing more than hypotheses.

"Finally, gentlemen, this fundamental principle of equality you
presented for competition in the following terms: THE ECONOMICAL AND
MORAL CONSEQUENCES IN FRANCE UP TO THE PRESENT TIME, AND THOSE WHICH
SEEM LIKELY TO APPEAR IN FUTURE, OF THE LAW CONCERNING THE EQUAL
DIVISION OF HEREDITARY PROPERTY BETWEEN THE CHILDREN.

"Instead of confining one to common places without breadth or
significance, it seems to me that your question should be developed as
follows:--

"If the law has been able to render the right of heredity common to
all the children of one father, can it not render it equal for all his
grandchildren and great-grandchildren?

"If the law no longer heeds the age of any member of the family, can
it not, by the right of heredity, cease to heed it in the race, in the
tribe, in the nation?

"Can equality, by the right of succession, be preserved between
citizens, as well as between cousins and brothers? In a word, can the
principle of succession become a principle of equality?

"To sum up all these ideas in one inclusive question: What is the
principle of heredity? What are the foundations of inequality? What is
property?

"Such, gentlemen, is the object of the memoir that I offer you to day.

"If I have rightly grasped the object of your thought; if I succeed in
bringing to light a truth which is indisputable, but, from causes
which I am bold enough to claim to have explained, has always been
misunderstood; if by an infallible method of investigation, I establish
the dogma of equality of conditions; if I determine the principle
of civil law, the essence of justice, and the form of society; if I
annihilate property forever,--to you, gentlemen, will redound all the
glory, for it is to your aid and your inspiration that I owe it.

"My purpose in this work is the application of method to the problems of
philosophy; every other intention is foreign to and even abusive of it.

"I have spoken lightly of jurisprudence: I had the right; but I should
be unjust did I not distinguish between this pretended science and
the men who practise it. Devoted to studies both laborious and severe,
entitled in all respects to the esteem of their fellow-citizens by their
knowledge and eloquence our legists deserve but one reproach, that of an
excessive deference to arbitrary laws.

"I have been pitiless in my criticism of the economists: for them
I confess that, in general, I have no liking. The arrogance and
the emptiness of their writings, their impertinent pride and their
unwarranted blunders, have disgusted me. Whoever, knowing them, pardons
them, may read them.

"I have severely blamed the learned Christian Church: it was my duty.
This blame results from the facts which I call attention to: why has
the Church decreed concerning things which it does not understand? The
Church has erred in dogma and in morals; physics and mathematics
testify against her. It may be wrong for me to say it, but surely it
is unfortunate for Christianity that it is true. To restore religion,
gentlemen, it is necessary to condemn the Church.

"Perhaps you will regret, gentlemen, that, in giving all my attention to
method and evidence, I have too much neglected form and style: in vain
should I have tried to do better. Literary hope and faith I have none.
The nineteenth century is, in my eyes, a genesic era, in which new
principles are elaborated, but in which nothing that is written shall
endure. That is the reason, in my opinion, why, among so many men of
talent, France to-day counts not one great writer. In a society like
ours, to seek for literary glory seems to me an anachronism. Of what
use is it to invoke an ancient sibyl when a muse is on the eve of birth?
Pitiable actors in a tragedy nearing its end, that which it behooves us
to do is to precipitate the catastrophe. The most deserving among us
is he who plays best this part. Well, I no longer aspire to this sad
success!

"Why should I not confess it, gentlemen? I have aspired to your
suffrages and sought the title of your pensioner, hating all which
exists and full of projects for its destruction; I shall finish this
investigation in a spirit of calm and philosophical resignation. I have
derived more peace from the knowledge of the truth, than anger from the
feeling of oppression; and the most precious fruit that I could wish to
gather from this memoir would be the inspiration of my readers with that
tranquillity of soul which arises from the clear perception of evil and
its cause, and which is much more powerful than passion and enthusiasm.
My hatred of privilege and human authority was unbounded; perhaps at
times I have been guilty, in my indignation, of confounding persons and
things; at present I can only despise and complain; to cease to hate I
only needed to know.

"It is for you now, gentlemen, whose mission and character are the
proclamation of the truth, it is for you to instruct the people, and to
tell them for what they ought to hope and what they ought to fear. The
people, incapable as yet of sound judgment as to what is best for them,
applaud indiscriminately the most opposite ideas, provided that in them
they get a taste of flattery: to them the laws of thought are like the
confines of the possible; to-day they can no more distinguish between a
savant and a sophist, than formerly they could tell a physician from
a sorcerer. 'Inconsiderately accepting, gathering together, and
accumulating everything that is new, regarding all reports as true and
indubitable, at the breath or ring of novelty they assemble like bees at
the sound of a basin.' [4]

"May you, gentlemen, desire equality as I myself desire it; may you,
for the eternal happiness of our country, become its propagators and its
heralds; may I be the last of your pensioners! Of all the wishes that
I can frame, that, gentlemen, is the most worthy of you and the most
honorable for me.

"I am, with the profoundest respect and the most earnest gratitude,

"Your pensioner,

"P. J. PROUDHON."


Two months after the receipt of this letter, the Academy, in its debate
of August 24th, replied to the address of its pensioner by a note, the
text of which I give below:--


"A member calls the attention of the Academy to a pamphlet, published
last June by the titulary of the Suard pension, entitled, "What is
property?" and dedicated by the author to the Academy. He is of the
opinion that the society owes it to justice, to example, and to its
own dignity, to publicly disavow all responsibility for the anti-social
doctrines contained in this publication. In consequence he demands:

"1. That the Academy disavow and condemn, in the most formal manner,
the work of the Suard pensioner, as having been published without its
assent, and as attributing to it opinions diametrically opposed to the
principles of each of its members;

"2. That the pensioner be charged, in case he should publish a second
edition of his book, to omit the dedication;

"3. That this judgment of the Academy be placed upon the records.

"These three propositions, put to vote, are adopted."


After this ludicrous decree, which its authors thought to render
powerful by giving it the form of a contradiction, I can only beg the
reader not to measure the intelligence of my compatriots by that of our
Academy.

While my patrons in the social and political sciences were fulminating
anathemas against my brochure, a man, who was a stranger to
Franche-Comte, who did not know me, who might even have regarded himself
as personally attacked by the too sharp judgment which I had passed upon
the economists, a publicist as learned as he was modest, loved by the
people whose sorrows he felt, honored by the power which he sought to
enlighten without flattering or disgracing it, M. Blanqui--member of the
Institute, professor of political economy, defender of property--took up
my defence before his associates and before the ministry, and saved me
from the blows of a justice which is always blind, because it is always
ignorant.

It seems to me that the reader will peruse with pleasure the letter
which M. Blanqui did me the honor to write to me upon the publication
of my second memoir, a letter as honorable to its author as it is
flattering to him to whom it is addressed.



"PARIS, May 1, 1841.

"MONSIEUR,--I hasten to thank you for forwarding to me your second
memoir upon property. I have read it with all the interest that an
acquaintance with the first would naturally inspire. I am very glad that
you have modified somewhat the rudeness of form which gave to a work
of such gravity the manner and appearance of a pamphlet; for you quite
frightened me, sir, and your talent was needed to reassure me in regard
to your intentions. One does not expend so much real knowledge with
the purpose of inflaming his country. This proposition, now coming into
notice--PROPERTY IS ROBBERY!--was of a nature to repel from your book
even those serious minds who do not judge by appearances, had you
persisted in maintaining it in its rude simplicity. But if you have
softened the form, you are none the less faithful to the ground-work
of your doctrines; and although you have done me the honor to give me a
share in this perilous teaching, I cannot accept a partnership which,
as far as talent goes, would surely be a credit to me, but which would
compromise me in all other respects.

"I agree with you in one thing only; namely, that all kinds of property
get too frequently abused in this world. But I do not reason from the
abuse to the abolition,--an heroic remedy too much like death, which
cures all evils. I will go farther: I will confess that, of all abuses,
the most hateful to me are those of property; but once more, there is
a remedy for this evil without violating it, all the more without
destroying it. If the present laws allow abuse, we can reconstruct them.
Our civil code is not the Koran; it is not wrong to examine it. Change,
then, the laws which govern the use of property, but be sparing of
anathemas; for, logically, where is the honest man whose hands are
entirely clean? Do you think that one can be a robber without knowing
it, without wishing it, without suspecting it? Do you not admit that
society in its present state, like every man, has in its constitution
all kinds of virtues and vices inherited from our ancestors? Is
property, then, in your eyes a thing so simple and so abstract that you
can re-knead and equalize it, if I may so speak, in your metaphysical
mill? One who has said as many excellent and practical things as occur
in these two beautiful and paradoxical improvisations of yours cannot
be a pure and unwavering utopist. You are too well acquainted with the
economical and academical phraseology to play with the hard words
of revolutions. I believe, then, that you have handled property as
Rousseau, eighty years ago, handled letters, with a magnificent and
poetical display of wit and knowledge. Such, at least, is my opinion.

"That is what I said to the Institute at the time when I presented my
report upon your book. I knew that they wished to proceed against you in
the courts; you perhaps do not know by how narrow a chance I succeeded
in preventing them. [5] What chagrin I should always have felt, if
the king's counsel, that is to say, the intellectual executioner, had
followed in my very tracks to attack your book and annoy your person! I
actually passed two terrible nights, and I succeeded in restraining
the secular arm only by showing that your book was an academical
dissertation, and not the manifesto of an incendiary. Your style is too
lofty ever to be of service to the madmen who in discussing the gravest
questions of our social order, use paving-stones as their weapons. But
see to it, sir, that ere long they do not come, in spite of you, to
seek for ammunition in this formidable arsenal, and that your
vigorous metaphysics falls not into the hands of some sophist of the
market-place, who might discuss the question in the presence of a
starving audience: we should have pillage for conclusion and peroration.

"I feel as deeply as you, sir, the abuses which you point out; but I
have so great an affection for order,--not that common and strait-laced
order with which the police are satisfied, but the majestic and imposing
order of human societies,--that I sometimes find myself embarrassed
in attacking certain abuses. I like to rebuild with one hand when I am
compelled to destroy with the other. In pruning an old tree, we guard
against destruction of the buds and fruit. You know that as well as any
one. You are a wise and learned man; you have a thoughtful mind. The
terms by which you characterize the fanatics of our day are strong
enough to reassure the most suspicious imaginations as to your
intentions; but you conclude in favor of the abolition of property! You
wish to abolish the most powerful motor of the human mind; you attack
the paternal sentiment in its sweetest illusions; with one word you
arrest the formation of capital, and we build henceforth upon the sand
instead of on a rock. That I cannot agree to; and for that reason I
have criticised your book, so full of beautiful pages, so brilliant with
knowledge and fervor!

"I wish, sir, that my impaired health would permit me to examine with
you, page by page, the memoir which you have done me the honor to
address to me publicly and personally; I think I could offer some
important criticisms. For the moment, I must content myself with
thanking you for the kind words in which you have seen fit to speak of
me. We each possess the merit of sincerity; I desire also the merit
of prudence. You know how deep-seated is the disease under which the
working-people are suffering; I know how many noble hearts beat under
those rude garments, and I feel an irresistible and fraternal sympathy
with the thousands of brave people who rise early in the morning to
labor, to pay their taxes, and to make our country strong. I try to
serve and enlighten them, whereas some endeavor to mislead them. You
have not written directly for them. You have issued two magnificent
manifestoes, the second more guarded than the first; issue a third more
guarded than the second, and you will take high rank in science, whose
first precept is calmness and impartiality.

"Farewell, sir! No man's esteem for another can exceed mine for you.

"BLANQUI."


I should certainly take some exceptions to this noble and eloquent
letter; but I confess that I am more inclined to realize the prediction
with which it terminates than to augment needlessly the number of
my antagonists. So much controversy fatigues and wearies me. The
intelligence expended in the warfare of words is like that employed in
battle: it is intelligence wasted. M. Blanqui acknowledges that property
is abused in many harmful ways; I call PROPERTY the sum these abuses
exclusively. To each of us property seems a polygon whose angles need
knocking off; but, the operation performed, M. Blanqui maintains
that the figure will still be a polygon (an hypothesis admitted in
mathematics, although not proven), while I consider that this figure
will be a circle. Honest people can at least understand one another.

For the rest, I allow that, in the present state of the question, the
mind may legitimately hesitate before deciding in favor of the abolition
of property. To gain the victory for one's cause, it does not suffice
simply to overthrow a principle generally recognized, which has the
indisputable merit of systematically recapitulating our political
theories; it is also necessary to establish the opposite principle, and
to formulate the system which must proceed from it. Still further, it
is necessary to show the method by which the new system will satisfy
all the moral and political needs which induced the establishment of
the first. On the following conditions, then, of subsequent evidence,
depends the correctness of my preceding arguments:--

The discovery of a system of absolute equality in which all existing
institutions, save property, or the sum of the abuses of property,
not only may find a place, but may themselves serve as instruments
of equality: individual liberty, the division of power, the public
ministry, the jury system, administrative and judicial organization, the
unity and completeness of instruction, marriage, the family, heredity
in direct and collateral succession, the right of sale and exchange, the
right to make a will, and even birthright,--a system which, better than
property, guarantees the formation of capital and keeps up the courage
of all; which, from a superior point of view, explains, corrects, and
completes the theories of association hitherto proposed, from Plato
and Pythagoras to Babeuf, Saint Simon, and Fourier; a system, finally,
which, serving as a means of transition, is immediately applicable.

A work so vast requires, I am aware, the united efforts of twenty
Montesquieus; nevertheless, if it is not given to a single man to
finish, a single one can commence, the enterprise. The road that he
shall traverse will suffice to show the end and assure the result.





WHAT IS PROPERTY? OR,

AN INQUIRY INTO THE PRINCIPLE OF RIGHT AND OF GOVERNMENT.




FIRST MEMOIR.

     _Adversus hostem aeterna auctertas esto._

     Against the enemy, revendication is eternal. LAW OF THE
     TWELVE TABLES.




CHAPTER I. METHOD PURSUED IN THIS WORK.--THE IDEA OF A REVOLUTION.

If I were asked to answer the following question: WHAT IS SLAVERY? and I
should answer in one word, IT IS MURDER, my meaning would be understood
at once. No extended argument would be required to show that the power
to take from a man his thought, his will, his personality, is a power of
life and death; and that to enslave a man is to kill him. Why, then, to
this other question: WHAT IS PROPERTY! may I not likewise answer, IT
IS ROBBERY, without the certainty of being misunderstood; the second
proposition being no other than a transformation of the first?

I undertake to discuss the vital principle of our government and our
institutions, property: I am in my right. I may be mistaken in the
conclusion which shall result from my investigations: I am in my right.
I think best to place the last thought of my book first: still am I in
my right.

Such an author teaches that property is a civil right, born of
occupation and sanctioned by law; another maintains that it is a natural
right, originating in labor,--and both of these doctrines, totally
opposed as they may seem, are encouraged and applauded. I contend that
neither labor, nor occupation, nor law, can create property; that it is
an effect without a cause: am I censurable?

But murmurs arise!

PROPERTY IS ROBBERY! That is the war-cry of '93! That is the signal of
revolutions!

Reader, calm yourself: I am no agent of discord, no firebrand of
sedition. I anticipate history by a few days; I disclose a truth whose
development we may try in vain to arrest; I write the preamble of
our future constitution. This proposition which seems to you
blasphemous--PROPERTY IS ROBBERY--would, if our prejudices allowed us
to consider it, be recognized as the lightning-rod to shield us from the
coming thunderbolt; but too many interests stand in the way!... Alas!
philosophy will not change the course of events: destiny will fulfill
itself regardless of prophecy. Besides, must not justice be done and our
education be finished?

PROPERTY IS ROBBERY!... What a revolution in human ideas! PROPRIETOR and
ROBBER have been at all times expressions as contradictory as the beings
whom they designate are hostile; all languages have perpetuated this
opposition. On what authority, then, do you venture to attack universal
consent, and give the lie to the human race? Who are you, that you
should question the judgment of the nations and the ages?

Of what consequence to you, reader, is my obscure individuality? I
live, like you, in a century in which reason submits only to fact and
to evidence. My name, like yours, is TRUTH-SEEKER. [6] My mission is
written in these words of the law: SPEAK WITHOUT HATRED AND WITHOUT
FEAR; TELL THAT WHICH THOU KNOWEST! The work of our race is to build the
temple of science, and this science includes man and Nature. Now, truth
reveals itself to all; to-day to Newton and Pascal, tomorrow to
the herdsman in the valley and the journeyman in the shop. Each one
contributes his stone to the edifice; and, his task accomplished,
disappears. Eternity precedes us, eternity follows us: between two
infinites, of what account is one poor mortal that the century should
inquire about him?

Disregard then, reader, my title and my character, and attend only to my
arguments. It is in accordance with universal consent that I undertake
to correct universal error; from the OPINION of the human race I appeal
to its FAITH. Have the courage to follow me; and, if your will is
untrammelled, if your conscience is free, if your mind can unite two
propositions and deduce a third therefrom, my ideas will inevitably
become yours. In beginning by giving you my last word, it was my purpose
to warn you, not to defy you; for I am certain that, if you read me, you
will be compelled to assent. The things of which I am to speak are so
simple and clear that you will be astonished at not having perceived
them before, and you will say: "I have neglected to think." Others offer
you the spectacle of genius wresting Nature's secrets from her, and
unfolding before you her sublime messages; you will find here only a
series of experiments upon JUSTICE and RIGHT a sort of verification of
the weights and measures of your conscience. The operations shall be
conducted under your very eyes; and you shall weigh the result.

Nevertheless, I build no system. I ask an end to privilege, the
abolition of slavery, equality of rights, and the reign of law. Justice,
nothing else; that is the alpha and omega of my argument: to others I
leave the business of governing the world.

One day I asked myself: Why is there so much sorrow and misery in
society? Must man always be wretched? And not satisfied with the
explanations given by the reformers,--these attributing the general
distress to governmental cowardice and incapacity, those to conspirators
and emeutes, still others to ignorance and general corruption,--and
weary of the interminable quarrels of the tribune and the press, I
sought to fathom the matter myself. I have consulted the masters of
science; I have read a hundred volumes of philosophy, law, political
economy, and history: would to God that I had lived in a century in
which so much reading had been useless! I have made every effort to
obtain exact information, comparing doctrines, replying to objections,
continually constructing equations and reductions from arguments, and
weighing thousands of syllogisms in the scales of the most rigorous
logic. In this laborious work, I have collected many interesting facts
which I shall share with my friends and the public as soon as I have
leisure. But I must say that I recognized at once that we had never
understood the meaning of these words, so common and yet so sacred:
JUSTICE, EQUITY, LIBERTY; that concerning each of these principles our
ideas have been utterly obscure; and, in fact, that this ignorance was
the sole cause, both of the poverty that devours us, and of all the
calamities that have ever afflicted the human race.

My mind was frightened by this strange result: I doubted my reason.
What! said I, that which eye has not seen, nor ear heard, nor insight
penetrated, you have discovered! Wretch, mistake not the visions of
your diseased brain for the truths of science! Do you not know (great
philosophers have said so) that in points of practical morality
universal error is a contradiction?

I resolved then to test my arguments; and in entering upon this new
labor I sought an answer to the following questions: Is it possible
that humanity can have been so long and so universally mistaken in the
application of moral principles? How and why could it be mistaken? How
can its error, being universal, be capable of correction?

These questions, on the solution of which depended the certainty of my
conclusions, offered no lengthy resistance to analysis. It will be seen,
in chapter V. of this work, that in morals, as in all other branches of
knowledge, the gravest errors are the dogmas of science; that, even in
works of justice, to be mistaken is a privilege which ennobles man; and
that whatever philosophical merit may attach to me is infinitely small.
To name a thing is easy: the difficulty is to discern it before its
appearance. In giving expression to the last stage of an idea,--an idea
which permeates all minds, which to-morrow will be proclaimed by another
if I fail to announce it to-day,--I can claim no merit save that of
priority of utterance. Do we eulogize the man who first perceives the
dawn?

Yes: all men believe and repeat that equality of conditions is identical
with equality of rights; that PROPERTY and ROBBERY are synonymous terms;
that every social advantage accorded, or rather usurped, in the name of
superior talent or service, is iniquity and extortion. All men in their
hearts, I say, bear witness to these truths; they need only to be made
to understand it.

Before entering directly upon the question before me, I must say a word
of the road that I shall traverse. When Pascal approached a geometrical
problem, he invented a method of solution; to solve a problem in
philosophy a method is equally necessary. Well, by how much do the
problems of which philosophy treats surpass in the gravity of their
results those discussed by geometry! How much more imperatively, then,
do they demand for their solution a profound and rigorous analysis!

It is a fact placed for ever beyond doubt, say the modern psychologists,
that every perception received by the mind is determined by certain
general laws which govern the mind; is moulded, so to speak, in certain
types pre-existing in our understanding, and which constitutes its
original condition. Hence, say they, if the mind has no innate IDEAS,
it has at least innate FORMS. Thus, for example, every phenomenon is of
necessity conceived by us as happening in TIME and SPACE,--that compels
us to infer a CAUSE of its occurrence; every thing which exists implies
the ideas of SUBSTANCE, MODE, RELATION, NUMBER, &C.; in a word, we form
no idea which is not related to some one of the general principles of
reason, independent of which nothing exists.

These axioms of the understanding, add the psychologists, these
fundamental types, by which all our judgments and ideas are inevitably
shaped, and which our sensations serve only to illuminate, are known
in the schools as CATEGORIES. Their primordial existence in the mind is
to-day demonstrated; they need only to be systematized and catalogued.
Aristotle recognized ten; Kant increased the number to fifteen; M.
Cousin has reduced it to three, to two, to one; and the indisputable
glory of this professor will be due to the fact that, if he has not
discovered the true theory of categories, he has, at least, seen more
clearly than any one else the vast importance of this question,--the
greatest and perhaps the only one with which metaphysics has to deal.

I confess that I disbelieve in the innateness, not only of IDEAS, but
also of FORMS or LAWS of our understanding; and I hold the metaphysics
of Reid and Kant to be still farther removed from the truth than that of
Aristotle. However, as I do not wish to enter here into a discussion of
the mind, a task which would demand much labor and be of no interest to
the public, I shall admit the hypothesis that our most general and
most necessary ideas--such as time, space, substance, and cause--exist
originally in the mind; or, at least, are derived immediately from its
constitution.

But it is a psychological fact none the less true, and one to which the
philosophers have paid too little attention, that habit, like a second
nature, has the power of fixing in the mind new categorical forms
derived from the appearances which impress us, and by them usually
stripped of objective reality, but whose influence over our judgments
is no less predetermining than that of the original categories. Hence
we reason by the ETERNAL and ABSOLUTE laws of our mind, and at the same
time by the secondary rules, ordinarily faulty, which are suggested to
us by imperfect observation. This is the most fecund source of false
prejudices, and the permanent and often invincible cause of a multitude
of errors. The bias resulting from these prejudices is so strong that
often, even when we are fighting against a principle which our mind
thinks false, which is repugnant to our reason, and which our conscience
disapproves, we defend it without knowing it, we reason in accordance
with it, and we obey it while attacking it. Enclosed within a circle,
our mind revolves about itself, until a new observation, creating within
us new ideas, brings to view an external principle which delivers us
from the phantom by which our imagination is possessed.

Thus, we know to-day that, by the laws of a universal magnetism whose
cause is still unknown, two bodies (no obstacle intervening) tend to
unite by an accelerated impelling force which we call GRAVITATION. It is
gravitation which causes unsupported bodies to fall to the ground, which
gives them weight, and which fastens us to the earth on which we live.
Ignorance of this cause was the sole obstacle which prevented the
ancients from believing in the antipodes. "Can you not see," said St.
Augustine after Lactantius, "that, if there were men under our feet,
their heads would point downward, and that they would fall into the
sky?" The bishop of Hippo, who thought the earth flat because it
appeared so to the eye, supposed in consequence that, if we should
connect by straight lines the zenith with the nadir in different places,
these lines would be parallel with each other; and in the direction
of these lines he traced every movement from above to below. Thence he
naturally concluded that the stars were rolling torches set in the vault
of the sky; that, if left to themselves, they would fall to the earth in
a shower of fire; that the earth was one vast plain, forming the lower
portion of the world, &c. If he had been asked by what the world itself
was sustained, he would have answered that he did not know, but that
to God nothing is impossible. Such were the ideas of St. Augustine in
regard to space and movement, ideas fixed within him by a prejudice
derived from an appearance, and which had become with him a general and
categorical rule of judgment. Of the reason why bodies fall his mind
knew nothing; he could only say that a body falls because it falls.

With us the idea of a fall is more complex: to the general ideas of
space and movement which it implies, we add that of attraction or
direction towards a centre, which gives us the higher idea of cause. But
if physics has fully corrected our judgment in this respect, we still
make use of the prejudice of St. Augustine; and when we say that a thing
has FALLEN, we do not mean simply and in general that there has been
an effect of gravitation, but specially and in particular that it is
towards the earth, and FROM ABOVE TO BELOW, that this movement has taken
place. Our mind is enlightened in vain; the imagination prevails, and
our language remains forever incorrigible. To DESCEND FROM HEAVEN is as
incorrect an expression as to MOUNT TO HEAVEN; and yet this expression
will live as long as men use language.

All these phrases--FROM ABOVE TO BELOW; TO DESCEND FROM HEAVEN; TO FALL
FROM THE CLOUDS, &C.--are henceforth harmless, because we know how to
rectify them in practice; but let us deign to consider for a moment how
much they have retarded the progress of science. If, indeed, it be a
matter of little importance to statistics, mechanics, hydrodynamics, and
ballistics, that the true cause of the fall of bodies should be known,
and that our ideas of the general movements in space should be exact,
it is quite otherwise when we undertake to explain the system of the
universe, the cause of tides, the shape of the earth, and its position
in the heavens: to understand these things we must leave the circle
of appearances. In all ages there have been ingenious mechanicians,
excellent architects, skilful artillerymen: any error, into which it was
possible for them to fall in regard to the rotundity of the earth and
gravitation, in no wise retarded the development of their art; the
solidity of their buildings and accuracy of their aim was not affected
by it. But sooner or later they were forced to grapple with phenomena,
which the supposed parallelism of all perpendiculars erected from the
earth's surface rendered inexplicable: then also commenced a struggle
between the prejudices, which for centuries had sufficed in daily
practice, and the unprecedented opinions which the testimony of the eyes
seemed to contradict.

Thus, on the one hand, the falsest judgments, whether based on isolated
facts or only on appearances, always embrace some truths whose sphere,
whether large or small, affords room for a certain number of inferences,
beyond which we fall into absurdity. The ideas of St. Augustine, for
example, contained the following truths: that bodies fall towards the
earth, that they fall in a straight line, that either the sun or the
earth moves, that either the sky or the earth turns, &c. These general
facts always have been true; our science has added nothing to them. But,
on the other hand, it being necessary to account for every thing, we are
obliged to seek for principles more and more comprehensive: that is why
we have had to abandon successively, first the opinion that the world
was flat, then the theory which regards it as the stationary centre of
the universe, &c.

If we pass now from physical nature to the moral world, we still find
ourselves subject to the same deceptions of appearance, to the same
influences of spontaneity and habit. But the distinguishing feature of
this second division of our knowledge is, on the one hand, the good
or the evil which we derive from our opinions; and, on the other, the
obstinacy with which we defend the prejudice which is tormenting and
killing us.

Whatever theory we embrace in regard to the shape of the earth and the
cause of its weight, the physics of the globe does not suffer; and,
as for us, our social economy can derive therefrom neither profit nor
damage. But it is in us and through us that the laws of our moral nature
work; now, these laws cannot be executed without our deliberate aid,
and, consequently, unless we know them. If, then, our science of moral
laws is false, it is evident that, while desiring our own good, we are
accomplishing our own evil; if it is only incomplete, it may suffice for
a time for our social progress, but in the long run it will lead us
into a wrong road, and will finally precipitate us into an abyss of
calamities.

Then it is that we need to exercise our highest judgments; and, be it
said to our glory, they are never found wanting: but then also commences
a furious struggle between old prejudices and new ideas. Days of
conflagration and anguish! We are told of the time when, with the same
beliefs, with the same institutions, all the world seemed happy: why
complain of these beliefs; why banish these institutions? We are slow to
admit that that happy age served the precise purpose of developing the
principle of evil which lay dormant in society; we accuse men and gods,
the powers of earth and the forces of Nature. Instead of seeking the
cause of the evil in his mind and heart, man blames his masters, his
rivals, his neighbors, and himself; nations arm themselves, and slay
and exterminate each other, until equilibrium is restored by the vast
depopulation, and peace again arises from the ashes of the combatants.
So loath is humanity to touch the customs of its ancestors, and to
change the laws framed by the founders of communities, and confirmed by
the faithful observance of the ages.

_Nihil motum ex antiquo probabile est_: Distrust all innovations, wrote
Titus Livius. Undoubtedly it would be better were man not compelled to
change: but what! because he is born ignorant, because he exists only
on condition of gradual self-instruction, must he abjure the light,
abdicate his reason, and abandon himself to fortune? Perfect health is
better than convalescence: should the sick man, therefore, refuse to
be cured? Reform, reform! cried, ages since, John the Baptist and Jesus
Christ. Reform, reform! cried our fathers, fifty years ago; and for a
long time to come we shall shout, Reform, reform!

Seeing the misery of my age, I said to myself: Among the principles that
support society, there is one which it does not understand, which its
ignorance has vitiated, and which causes all the evil that exists. This
principle is the most ancient of all; for it is a characteristic of
revolutions to tear down the most modern principles, and to respect
those of long-standing. Now the evil by which we suffer is anterior to
all revolutions. This principle, impaired by our ignorance, is honored
and cherished; for if it were not cherished it would harm nobody, it
would be without influence.

But this principle, right in its purpose, but misunderstood: this
principle, as old as humanity, what is it? Can it be religion?

All men believe in God: this dogma belongs at once to their conscience
and their mind. To humanity God is a fact as primitive, an idea as
inevitable, a principle as necessary as are the categorical ideas of
cause, substance, time, and space to our understanding. God is proven to
us by the conscience prior to any inference of the mind; just as the
sun is proven to us by the testimony of the senses prior to all the
arguments of physics. We discover phenomena and laws by observation and
experience; only this deeper sense reveals to us existence. Humanity
believes that God is; but, in believing in God, what does it believe? In
a word, what is God?

The nature of this notion of Divinity,--this primitive, universal
notion, born in the race,--the human mind has not yet fathomed. At each
step that we take in our investigation of Nature and of causes, the idea
of God is extended and exalted; the farther science advances, the more
God seems to grow and broaden. Anthropomorphism and idolatry constituted
of necessity the faith of the mind in its youth, the theology of infancy
and poesy. A harmless error, if they had not endeavored to make it a
rule of conduct, and if they had been wise enough to respect the
liberty of thought. But having made God in his own image, man wished
to appropriate him still farther; not satisfied with disfiguring the
Almighty, he treated him as his patrimony, his goods, his possessions.
God, pictured in monstrous forms, became throughout the world the
property of man and of the State. Such was the origin of the corruption
of morals by religion, and the source of pious feuds and holy wars.
Thank Heaven! we have learned to allow every one his own beliefs; we
seek for moral laws outside the pale of religion. Instead of legislating
as to the nature and attributes of God, the dogmas of theology, and
the destiny of our souls, we wisely wait for science to tell us what to
reject and what to accept. God, soul, religion,--eternal objects of
our unwearied thought and our most fatal aberrations, terrible
problems whose solution, for ever attempted, for ever remains
unaccomplished,--concerning all these questions we may still be
mistaken, but at least our error is harmless. With liberty in religion,
and the separation of the spiritual from the temporal power, the
influence of religious ideas upon the progress of society is purely
negative; no law, no political or civil institution being founded on
religion. Neglect of duties imposed by religion may increase the general
corruption, but it is not the primary cause; it is only an auxiliary or
result. It is universally admitted, and especially in the matter
which now engages our attention, that the cause of the inequality
of conditions among men--of pauperism, of universal misery, and of
governmental embarrassments--can no longer be traced to religion: we
must go farther back, and dig still deeper.

But what is there in man older and deeper than the religious sentiment?

There is man himself; that is, volition and conscience, free-will and
law, eternally antagonistic. Man is at war with himself: why?

"Man," say the theologians, "transgressed in the beginning; our race
is guilty of an ancient offence. For this transgression humanity has
fallen; error and ignorance have become its sustenance. Read history,
you will find universal proof of this necessity for evil in the
permanent misery of nations. Man suffers and always will suffer; his
disease is hereditary and constitutional. Use palliatives, employ
emollients; there is no remedy."

Nor is this argument peculiar to the theologians; we find it
expressed in equivalent language in the philosophical writings of the
materialists, believers in infinite perfectibility. Destutt de Tracy
teaches formally that poverty, crime, and war are the inevitable
conditions of our social state; necessary evils, against which it would
be folly to revolt. So, call it NECESSITY OF EVIL or ORIGINAL DEPRAVITY,
it is at bottom the same philosophy.

"The first man transgressed." If the votaries of the Bible interpreted
it faithfully, they would say: MAN ORIGINALLY TRANSGRESSED, that is,
made a mistake; for TO TRANSGRESS, TO FAIL, TO MAKE A MISTAKE, all mean
the same thing.

"The consequences of Adam's transgression are inherited by the race;
the first is ignorance." Truly, the race, like the individual, is born
ignorant; but, in regard to a multitude of questions, even in the moral
and political spheres, this ignorance of the race has been dispelled:
who says that it will not depart altogether? Mankind makes continual
progress toward truth, and light ever triumphs over darkness. Our
disease is not, then, absolutely incurable, and the theory of the
theologians is worse than inadequate; it is ridiculous, since it is
reducible to this tautology: "Man errs, because he errs." While the true
statement is this: "Man errs, because he learns."

Now, if man arrives at a knowledge of all that he needs to know, it is
reasonable to believe that, ceasing to err, he will cease to suffer.

But if we question the doctors as to this law, said to be engraved upon
the heart of man, we shall immediately see that they dispute about a
matter of which they know nothing; that, concerning the most important
questions, there are almost as many opinions as authors; that we find
no two agreeing as to the best form of government, the principle of
authority, and the nature of right; that all sail hap-hazard upon a
shoreless and bottomless sea, abandoned to the guidance of their private
opinions which they modestly take to be right reason. And, in view
of this medley of contradictory opinions, we say: "The object of our
investigations is the law, the determination of the social principle.
Now, the politicians, that is, the social scientists, do not understand
each other; then the error lies in themselves; and, as every error has
a reality for its object, we must look in their books to find the truth
which they have unconsciously deposited there."

Now, of what do the lawyers and the publicists treat? Of JUSTICE,
EQUITY, LIBERTY, NATURAL LAW, CIVIL LAWS, &c. But what is justice?
What is its principle, its character, its formula? To this question our
doctors evidently have no reply; for otherwise their science, starting
with a principle clear and well defined, would quit the region of
probabilities, and all disputes would end.

What is justice? The theologians answer: "All justice comes from God."
That is true; but we know no more than before.

The philosophers ought to be better informed: they have argued so much
about justice and injustice! Unhappily, an examination proves that their
knowledge amounts to nothing, and that with them--as with the savages
whose every prayer to the sun is simply _O! O!_--it is a cry of
admiration, love, and enthusiasm; but who does not know that the sun
attaches little meaning to the interjection O! That is exactly our
position toward the philosophers in regard to justice. Justice, they
say, is a DAUGHTER OF HEAVEN; A LIGHT WHICH ILLUMINES EVERY MAN THAT
COMES INTO THE WORLD; THE MOST BEAUTIFUL PREROGATIVE OF OUR NATURE;
THAT WHICH DISTINGUISHES US FROM THE BEASTS AND LIKENS US TO GOD--and
a thousand other similar things. What, I ask, does this pious litany
amount to? To the prayer of the savages: O!

All the most reasonable teachings of human wisdom concerning justice are
summed up in that famous adage: DO UNTO OTHERS THAT WHICH YOU WOULD THAT
OTHERS SHOULD DO UNTO YOU; DO NOT UNTO OTHERS THAT WHICH YOU WOULD
NOT THAT OTHERS SHOULD DO UNTO YOU. But this rule of moral practice is
unscientific: what have I a right to wish that others should do or not
do to me? It is of no use to tell me that my duty is equal to my right,
unless I am told at the same time what my right is.

Let us try to arrive at something more precise and positive.

Justice is the central star which governs societies, the pole around
which the political world revolves, the principle and the regulator of
all transactions. Nothing takes place between men save in the name of
RIGHT; nothing without the invocation of justice. Justice is not the
work of the law: on the contrary, the law is only a declaration and
application of JUSTICE in all circumstances where men are liable to come
in contact. If, then, the idea that we form of justice and right were
ill-defined, if it were imperfect or even false, it is clear that all
our legislative applications would be wrong, our institutions vicious,
our politics erroneous: consequently there would be disorder and social
chaos.

This hypothesis of the perversion of justice in our minds, and, as a
necessary result, in our acts, becomes a demonstrated fact when it is
shown that the opinions of men have not borne a constant relation to the
notion of justice and its applications; that at different periods they
have undergone modifications: in a word, that there has been progress
in ideas. Now, that is what history proves by the most overwhelming
testimony.

Eighteen Hundred years ago, the world, under the rule of the Caesars,
exhausted itself in slavery, superstition, and voluptuousness. The
people--intoxicated and, as it were, stupefied by their long-continued
orgies--had lost the very notion of right and duty: war and dissipation
by turns swept them away; usury and the labor of machines (that is of
slaves), by depriving them of the means of subsistence, hindered them
from continuing the species. Barbarism sprang up again, in a hideous
form, from this mass of corruption, and spread like a devouring leprosy
over the depopulated provinces. The wise foresaw the downfall of the
empire, but could devise no remedy. What could they think indeed? To
save this old society it would have been necessary to change the objects
of public esteem and veneration, and to abolish the rights affirmed by
a justice purely secular; they said: "Rome has conquered through her
politics and her gods; any change in theology and public opinion would
be folly and sacrilege. Rome, merciful toward conquered nations, though
binding them in chains, spared their lives; slaves are the most fertile
source of her wealth; freedom of the nations would be the negation of
her rights and the ruin of her finances. Rome, in fact, enveloped in the
pleasures and gorged with the spoils of the universe, is kept alive by
victory and government; her luxury and her pleasures are the price of
her conquests: she can neither abdicate nor dispossess herself."
Thus Rome had the facts and the law on her side. Her pretensions were
justified by universal custom and the law of nations. Her institutions
were based upon idolatry in religion, slavery in the State, and
epicurism in private life; to touch those was to shake society to its
foundations, and, to use our modern expression, to open the abyss of
revolutions. So the idea occurred to no one; and yet humanity was dying
in blood and luxury.

All at once a man appeared, calling himself The Word of God. It is not
known to this day who he was, whence he came, nor what suggested to
him his ideas. He went about proclaiming everywhere that the end of the
existing society was at hand, that the world was about to experience a
new birth; that the priests were vipers, the lawyers ignoramuses,
and the philosophers hypocrites and liars; that master and slave
were equals, that usury and every thing akin to it was robbery, that
proprietors and idlers would one day burn, while the poor and pure in
heart would find a haven of peace.

This man--The Word of God--was denounced and arrested as a public enemy
by the priests and the lawyers, who well understood how to induce the
people to demand his death. But this judicial murder, though it put the
finishing stroke to their crimes, did not destroy the doctrinal seeds
which The Word of God had sown. After his death, his original disciples
travelled about in all directions, preaching what they called the GOOD
NEWS, creating in their turn millions of missionaries; and, when their
task seemed to be accomplished, dying by the sword of Roman justice.
This persistent agitation, the war of the executioners and martyrs,
lasted nearly three centuries, ending in the conversion of the world.
Idolatry was destroyed, slavery abolished, dissolution made room for a
more austere morality, and the contempt for wealth was sometimes pushed
almost to privation.

Society was saved by the negation of its own principles, by a revolution
in its religion, and by violation of its most sacred rights. In this
revolution, the idea of justice spread to an extent that had not before
been dreamed of, never to return to its original limits. Heretofore
justice had existed only for the masters; [7] it then commenced to exist
for the slaves.

Nevertheless, the new religion at that time had borne by no means all
its fruits. There was a perceptible improvement of the public morals,
and a partial release from oppression; but, other than that, the SEEDS
SOWN BY THE SON OF MAN, having fallen into idolatrous hearts, had
produced nothing save innumerable discords and a quasi-poetical
mythology. Instead of developing into their practical consequences the
principles of morality and government taught by The Word of God, his
followers busied themselves in speculations as to his birth, his origin,
his person, and his actions; they discussed his parables, and from the
conflict of the most extravagant opinions upon unanswerable questions
and texts which no one understood, was born THEOLOGY,--which may be
defined as the SCIENCE OF THE INFINITELY ABSURD.

The truth of CHRISTIANITY did not survive the age of the apostles; the
GOSPEL, commented upon and symbolized by the Greeks and Latins, loaded
with pagan fables, became literally a mass of contradictions; and to
this day the reign of the INFALLIBLE CHURCH has been a long era of
darkness. It is said that the GATES OF HELL will not always prevail,
that THE WORD OF GOD will return, and that one day men will know truth
and justice; but that will be the death of Greek and Roman Catholicism,
just as in the light of science disappeared the caprices of opinion.

The monsters which the successors of the apostles were bent on
destroying, frightened for a moment, reappeared gradually, thanks to the
crazy fanaticism, and sometimes the deliberate connivance, of priests
and theologians. The history of the enfranchisement of the French
communes offers constantly the spectacle of the ideas of justice and
liberty spreading among the people, in spite of the combined efforts of
kings, nobles, and clergy. In the year 1789 of the Christian era, the
French nation, divided by caste, poor and oppressed, struggled in the
triple net of royal absolutism, the tyranny of nobles and parliaments,
and priestly intolerance. There was the right of the king and the right
of the priest, the right of the patrician and the right of the plebeian;
there were the privileges of birth, province, communes, corporations,
and trades; and, at the bottom of all, violence, immorality, and misery.
For some time they talked of reformation; those who apparently desired
it most favoring it only for their own profit, and the people who were
to be the gainers expecting little and saying nothing. For a long
time these poor people, either from distrust, incredulity, or despair,
hesitated to ask for their rights: it is said that the habit of serving
had taken the courage away from those old communes, which in the middle
ages were so bold.

Finally a book appeared, summing up the whole matter in these two
propositions: WHAT IS THE THIRD ESTATE?--NOTHING. WHAT OUGHT IT
TO BE?--EVERY THING. Some one added by way of comment: WHAT IS THE
KING?--THE SERVANT OF THE PEOPLE.

This was a sudden revelation: the veil was torn aside, a thick bandage
fell from all eyes. The people commenced to reason thus:--

If the king is our servant, he ought to report to us;

If he ought to report to us, he is subject to control;

If he can be controlled, he is responsible;

If he is responsible, he is punishable;

If he is punishable, he ought to be punished according to his merits;

If he ought to be punished according to his merits, he can be punished
with death.

Five years after the publication of the brochure of Sieyes, the third
estate was every thing; the king, the nobility, the clergy, were no
more. In 1793, the nation, without stopping at the constitutional
fiction of the inviolability of the sovereign, conducted Louis XVI. to
the scaffold; in 1830, it accompanied Charles X. to Cherbourg. In each
case, it may have erred, in fact, in its judgment of the offence; but,
in right, the logic which led to its action was irreproachable. The
people, in punishing their sovereign, did precisely that which the
government of July was so severely censured for failing to do when it
refused to execute Louis Bonaparte after the affair of Strasburg: they
struck the true culprit. It was an application of the common law, a
solemn decree of justice enforcing the penal laws. [8]

The spirit which gave rise to the movement of '89 was a spirit of
negation; that, of itself, proves that the order of things which was
substituted for the old system was not methodical or well-considered;
that, born of anger and hatred, it could not have the effect of a
science based on observation and study; that its foundations, in a word,
were not derived from a profound knowledge of the laws of Nature and
society. Thus the people found that the republic, among the so-called
new institutions, was acting on the very principles against which they
had fought, and was swayed by all the prejudices which they had intended
to destroy. We congratulate ourselves, with inconsiderate enthusiasm,
on the glorious French Revolution, the regeneration of 1789, the great
changes that have been effected, and the reversion of institutions: a
delusion, a delusion!

When our ideas on any subject, material, intellectual, or social,
undergo a thorough change in consequence of new observations, I call
that movement of the mind REVOLUTION. If the ideas are simply extended
or modified, there is only PROGRESS. Thus the system of Ptolemy was a
step in astronomical progress, that of Copernicus was a revolution. So,
in 1789, there was struggle and progress; revolution there was none. An
examination of the reforms which were attempted proves this.

The nation, so long a victim of monarchical selfishness, thought to
deliver itself for ever by declaring that it alone was sovereign. But
what was monarchy? The sovereignty of one man. What is democracy? The
sovereignty of the nation, or, rather, of the national majority. But it
is, in both cases, the sovereignty of man instead of the sovereignty of
the law, the sovereignty of the will instead of the sovereignty of the
reason; in one word, the passions instead of justice. Undoubtedly, when
a nation passes from the monarchical to the democratic state, there
is progress, because in multiplying the sovereigns we increase the
opportunities of the reason to substitute itself for the will; but in
reality there is no revolution in the government, since the principle
remains the same. Now, we have the proof to-day that, with the most
perfect democracy, we cannot be free. [9]

Nor is that all. The nation-king cannot exercise its sovereignty itself;
it is obliged to delegate it to agents: this is constantly reiterated by
those who seek to win its favor. Be these agents five, ten, one hundred,
or a thousand, of what consequence is the number; and what matters the
name? It is always the government of man, the rule of will and caprice.
I ask what this pretended revolution has revolutionized?

We know, too, how this sovereignty was exercised; first by the
Convention, then by the Directory, afterwards confiscated by the Consul.
As for the Emperor, the strong man so much adored and mourned by the
nation, he never wanted to be dependent on it; but, as if intending to
set its sovereignty at defiance, he dared to demand its suffrage: that
is, its abdication, the abdication of this inalienable sovereignty; and
he obtained it.

But what is sovereignty? It is, they say, the POWER TO MAKE LAW. [10]
Another absurdity, a relic of despotism. The nation had long seen kings
issuing their commands in this form: FOR SUCH IS OUR PLEASURE; it wished
to taste in its turn the pleasure of making laws. For fifty years it
has brought them forth by myriads; always, be it understood, through the
agency of representatives. The play is far from ended.

The definition of sovereignty was derived from the definition of the
law. The law, they said, is THE EXPRESSION OF THE WILL OF THE SOVEREIGN:
then, under a monarchy, the law is the expression of the will of the
king; in a republic, the law is the expression of the will of the
people. Aside from the difference in the number of wills, the two
systems are exactly identical: both share the same error, namely, that
the law is the expression of a will; it ought to be the expression of
a fact. Moreover they followed good leaders: they took the citizen of
Geneva for their prophet, and the contrat social for their Koran.

Bias and prejudice are apparent in all the phrases of the new
legislators. The nation had suffered from a multitude of exclusions and
privileges; its representatives issued the following declaration: ALL
MEN ARE EQUAL BY NATURE AND BEFORE THE LAW; an ambiguous and redundant
declaration. MEN ARE EQUAL BY NATURE: does that mean that they are equal
in size, beauty, talents, and virtue? No; they meant, then, political
and civil equality. Then it would have been sufficient to have said: ALL
MEN ARE EQUAL BEFORE THE LAW.

But what is equality before the law? Neither the constitution of 1790,
nor that of '93, nor the granted charter, nor the accepted charter, have
defined it accurately. All imply an inequality in fortune and station
incompatible with even a shadow of equality in rights. In this respect
it may be said that all our constitutions have been faithful expressions
of the popular will: I am going, to prove it.

Formerly the people were excluded from civil and military offices; it
was considered a wonder when the following high-sounding article
was inserted in the Declaration of Rights: "All citizens are equally
eligible to office; free nations know no qualifications in their choice
of officers save virtues and talents."

They certainly ought to have admired so beautiful an idea: they admired
a piece of nonsense. Why! the sovereign people, legislators, and
reformers, see in public offices, to speak plainly, only opportunities
for pecuniary advancement. And, because it regards them as a source of
profit, it decrees the eligibility of citizens. For of what use would
this precaution be, if there were nothing to gain by it? No one would
think of ordaining that none but astronomers and geographers should be
pilots, nor of prohibiting stutterers from acting at the theatre and
the opera. The nation was still aping the kings: like them it wished
to award the lucrative positions to its friends and flatterers.
Unfortunately, and this last feature completes the resemblance, the
nation did not control the list of livings; that was in the hands of its
agents and representatives. They, on the other hand, took care not to
thwart the will of their gracious sovereign.

This edifying article of the Declaration of Rights, retained in the
charters of 1814 and 1830, implies several kinds of civil inequality;
that is, of inequality before the law: inequality of station, since the
public functions are sought only for the consideration and emoluments
which they bring; inequality of wealth, since, if it had been desired
to equalize fortunes, public service would have been regarded as a duty,
not as a reward; inequality of privilege, the law not stating what
it means by TALENTS and VIRTUES. Under the empire, virtue and talent
consisted simply in military bravery and devotion to the emperor; that
was shown when Napoleon created his nobility, and attempted to connect
it with the ancients. To-day, the man who pays taxes to the amount
of two hundred francs is virtuous; the talented man is the honest
pickpocket: such truths as these are accounted trivial.

The people finally legalized property. God forgive them, for they
knew not what they did! For fifty years they have suffered for their
miserable folly. But how came the people, whose voice, they tell us,
is the voice of God, and whose conscience is infallible,--how came the
people to err? How happens it that, when seeking liberty and equality,
they fell back into privilege and slavery? Always through copying the
ancient regime.

Formerly, the nobility and the clergy contributed towards the expenses
of the State only by voluntary aid and gratuitous gift; their property
could not be seized even for debt,--while the plebeian, overwhelmed by
taxes and statute-labor, was continually tormented, now by the
king's tax-gatherers, now by those of the nobles and clergy. He whose
possessions were subject to mortmain could neither bequeath nor inherit
property; he was treated like the animals, whose services and offspring
belong to their master by right of accession. The people wanted the
conditions of OWNERSHIP to be alike for all; they thought that every one
should ENJOY AND FREELY DISPOSE OF HIS POSSESSIONS HIS INCOME AND THE
FRUIT OF HIS LABOR AND INDUSTRY. The people did not invent property; but
as they had not the same privileges in regard to it, which the nobles
and clergy possessed, they decreed that the right should be exercised
by all under the same conditions. The more obnoxious forms of
property--statute-labor, mortmain, maitrise, and exclusion from public
office--have disappeared; the conditions of its enjoyment have been
modified: the principle still remains the same. There has been progress
in the regulation of the right; there has been no revolution.

These, then, are the three fundamental principles of modern society,
established one after another by the movements of 1789 and 1830: 1.
SOVEREIGNTY OF THE HUMAN WILL; in short, DESPOTISM. 2. INEQUALITY OF
WEALTH AND RANK. 3. PROPERTY--above JUSTICE, always invoked as the
guardian angel of sovereigns, nobles, and proprietors; JUSTICE, the
general, primitive, categorical law of all society.

We must ascertain whether the ideas of DESPOTISM, CIVIL INEQUALITY
and PROPERTY, are in harmony with the primitive notion of JUSTICE, and
necessarily follow from it,--assuming various forms according to the
condition, position, and relation of persons; or whether they are not
rather the illegitimate result of a confusion of different things, a
fatal association of ideas. And since justice deals especially with the
questions of government, the condition of persons, and the possession
of things, we must ascertain under what conditions, judging by universal
opinion and the progress of the human mind, government is just, the
condition of citizens is just, and the possession of things is just;
then, striking out every thing which fails to meet these conditions,
the result will at once tell us what legitimate government is, what the
legitimate condition of citizens is, and what the legitimate possession
of things is; and finally, as the last result of the analysis, what
JUSTICE is.

Is the authority of man over man just?

Everybody answers, "No; the authority of man is only the authority of
the law, which ought to be justice and truth." The private will counts
for nothing in government, which consists, first, in discovering truth
and justice in order to make the law; and, second, in superintending the
execution of this law. I do not now inquire whether our constitutional
form of government satisfies these conditions; whether, for example, the
will of the ministry never influences the declaration and interpretation
of the law; or whether our deputies, in their debates, are more intent
on conquering by argument than by force of numbers: it is enough for me
that my definition of a good government is allowed to be correct. This
idea is exact. Yet we see that nothing seems more just to the Oriental
nations than the despotism of their sovereigns; that, with the ancients
and in the opinion of the philosophers themselves, slavery was just;
that in the middle ages the nobles, the priests, and the bishops felt
justified in holding slaves; that Louis XIV. thought that he was right
when he said, "The State! I am the State;" and that Napoleon deemed it
a crime for the State to oppose his will. The idea of justice, then,
applied to sovereignty and government, has not always been what it is
to-day; it has gone on developing and shaping itself by degrees, until
it has arrived at its present state. But has it reached its last phase?
I think not: only, as the last obstacle to be overcome arises from the
institution of property which we have kept intact, in order to finish
the reform in government and consummate the revolution, this very
institution we must attack.

Is political and civil inequality just?

Some say yes; others no. To the first I would reply that, when the
people abolished all privileges of birth and caste, they did it, in all
probability, because it was for their advantage; why then do they favor
the privileges of fortune more than those of rank and race? Because, say
they, political inequality is a result of property; and without property
society is impossible: thus the question just raised becomes a question
of property. To the second I content myself with this remark: If you
wish to enjoy political equality, abolish property; otherwise, why do
you complain?

Is property just?

Everybody answers without hesitation, "Yes, property is just." I say
everybody, for up to the present time no one who thoroughly understood
the meaning of his words has answered no. For it is no easy thing to
reply understandingly to such a question; only time and experience can
furnish an answer. Now, this answer is given; it is for us to understand
it. I undertake to prove it.

We are to proceed with the demonstration in the following order:--

I. We dispute not at all, we refute nobody, we deny nothing; we accept
as sound all the arguments alleged in favor of property, and confine
ourselves to a search for its principle, in order that we may then
ascertain whether this principle is faithfully expressed by property. In
fact, property being defensible on no ground save that of justice, the
idea, or at least the intention, of justice must of necessity underlie
all the arguments that have been made in defence of property; and, as on
the other hand the right of property is only exercised over those things
which can be appreciated by the senses, justice, secretly objectifying
itself, so to speak, must take the shape of an algebraic formula.

By this method of investigation, we soon see that every argument which
has been invented in behalf of property, WHATEVER IT MAY BE, always and
of necessity leads to equality; that is, to the negation of property.

The first part covers two chapters: one treating of occupation, the
foundation of our right; the other, of labor and talent, considered as
causes of property and social inequality.

The first of these chapters will prove that the right of occupation
OBSTRUCTS property; the second that the right of labor DESTROYS it.

II. Property, then, being of necessity conceived as existing only in
connection with equality, it remains to find out why, in spite of this
necessity of logic, equality does not exist. This new investigation also
covers two chapters: in the first, considering the fact of property in
itself, we inquire whether this fact is real, whether it exists, whether
it is possible; for it would imply a contradiction, were these two
opposite forms of society, equality and inequality, both possible. Then
we discover, singularly enough, that property may indeed manifest
itself accidentally; but that, as an institution and principle, it is
mathematically impossible. So that the axiom of the school--ab actu ad
posse valet consecutio: from the actual to the possible the inference is
good--is given the lie as far as property is concerned.

Finally, in the last chapter, calling psychology to our aid, and
probing man's nature to the bottom, we shall disclose the principle of
JUSTICE--its formula and character; we shall state with precision the
organic law of society; we shall explain the origin of property, the
causes of its establishment, its long life, and its approaching death;
we shall definitively establish its identity with robbery. And, after
having shown that these three prejudices--THE SOVEREIGNTY OF MAN, THE
INEQUALITY OF CONDITIONS, AND PROPERTY--are one and the same; that they
may be taken for each other, and are reciprocally convertible,--we
shall have no trouble in inferring therefrom, by the principle
of contradiction, the basis of government and right. There our
investigations will end, reserving the right to continue them in future
works.

The importance of the subject which engages our attention is recognized
by all minds.


"Property," says M. Hennequin, "is the creative and conservative
principle of civil society. Property is one of those basic institutions,
new theories concerning which cannot be presented too soon; for it must
not be forgotten, and the publicist and statesman must know, that on the
answer to the question whether property is the principle or the result
of social order, whether it is to be considered as a cause or an effect,
depends all morality, and, consequently, all the authority of human
institutions."


These words are a challenge to all men of hope and faith; but, although
the cause of equality is a noble one, no one has yet picked up the
gauntlet thrown down by the advocates of property; no one has been
courageous enough to enter upon the struggle. The spurious learning of
haughty jurisprudence, and the absurd aphorisms of a political economy
controlled by property have puzzled the most generous minds; it is a
sort of password among the most influential friends of liberty and
the interests of the people that EQUALITY IS A CHIMERA! So many false
theories and meaningless analogies influence minds otherwise keen,
but which are unconsciously controlled by popular prejudice. Equality
advances every day--fit aequalitas. Soldiers of liberty, shall we desert
our flag in the hour of triumph?

A defender of equality, I shall speak without bitterness and without
anger; with the independence becoming a philosopher, with the courage
and firmness of a free man. May I, in this momentous struggle, carry
into all hearts the light with which I am filled; and show, by the
success of my argument, that equality failed to conquer by the sword
only that it might conquer by the pen!




CHAPTER II. PROPERTY CONSIDERED AS A NATURAL RIGHT

     PROPERTY CONSIDERED AS A NATURAL RIGHT.--OCCUPATION AND
     CIVIL LAW AS EFFICIENT BASES OF PROPERTY. DEFINITIONS.

The Roman law defined property as the right to use and abuse one's own
within the limits of the law--jus utendi et abutendi re sua, quatenus
juris ratio patitur. A justification of the word ABUSE has been
attempted, on the ground that it signifies, not senseless and immoral
abuse, but only absolute domain. Vain distinction! invented as an excuse
for property, and powerless against the frenzy of possession, which it
neither prevents nor represses. The proprietor may, if he chooses, allow
his crops to rot under foot; sow his field with salt; milk his cows
on the sand; change his vineyard into a desert, and use his
vegetable-garden as a park: do these things constitute abuse, or not? In
the matter of property, use and abuse are necessarily indistinguishable.

According to the Declaration of Rights, published as a preface to the
Constitution of '93, property is "the right to enjoy and dispose at
will of one's goods, one's income, and the fruit of one's labor and
industry."

Code Napoleon, article 544: "Property is the right to enjoy and dispose
of things in the most absolute manner, provided we do not overstep the
limits prescribed by the laws and regulations."

These two definitions do not differ from that of the Roman law: all
give the proprietor an absolute right over a thing; and as for the
restriction imposed by the code,--PROVIDED WE DO NOT OVERSTEP THE LIMITS
PRESCRIBED BY THE LAWS AND REGULATIONS,--its object is not to limit
property, but to prevent the domain of one proprietor from interfering
with that of another. That is a confirmation of the principle, not a
limitation of it.

There are different kinds of property: 1. Property pure and simple, the
dominant and seigniorial power over a thing; or, as they term it, NAKED
PROPERTY. 2. POSSESSION. "Possession," says Duranton, "is a matter of
fact, not of right." Toullier: "Property is a right, a legal power;
possession is a fact." The tenant, the farmer, the commandite, the
usufructuary, are possessors; the owner who lets and lends for use, the
heir who is to come into possession on the death of a usufructuary, are
proprietors. If I may venture the comparison: a lover is a possessor, a
husband is a proprietor.

This double definition of property--domain and possession--is of the
highest importance; and it must be clearly understood, in order to
comprehend what is to follow.

From the distinction between possession and property arise two sorts of
rights: the jus in re, the right in a thing, the right by which I may
reclaim the property which I have acquired, in whatever hands I find
it; and the jus ad rem, the right TO a thing, which gives me a claim to
become a proprietor. Thus the right of the partners to a marriage over
each other's person is the jus in re; that of two who are betrothed is
only the jus ad rem. In the first, possession and property are united;
the second includes only naked property. With me who, as a laborer,
have a right to the possession of the products of Nature and my own
industry,--and who, as a proletaire, enjoy none of them,--it is by
virtue of the jus ad rem that I demand admittance to the jus in re.

This distinction between the jus in re and the jus ad rem is the basis
of the famous distinction between possessoire and petitoire,--actual
categories of jurisprudence, the whole of which is included within their
vast boundaries. Petitoire refers to every thing relating to property;
possessoire to that relating to possession. In writing this memoir
against property, I bring against universal society an action petitoire:
I prove that those who do not possess to-day are proprietors by the same
title as those who do possess; but, instead of inferring therefrom
that property should be shared by all, I demand, in the name of general
security, its entire abolition. If I fail to win my case, there is
nothing left for us (the proletarian class and myself) but to cut our
throats: we can ask nothing more from the justice of nations; for, as
the code of procedure (art 26) tells us in its energetic style, THE
PLAINTIFF WHO HAS BEEN NON-SUITED IN AN ACTION PETITOIRE, IS DEBARRED
THEREBY FROM BRINGING AN ACTION POSSESSOIRE. If, on the contrary, I gain
the case, we must then commence an action possessoire, that we may be
reinstated in the enjoyment of the wealth of which we are deprived by
property. I hope that we shall not be forced to that extremity; but
these two actions cannot be prosecuted at once, such a course being
prohibited by the same code of procedure.

Before going to the heart of the question, it will not be useless to
offer a few preliminary remarks.

% 1.--Property as a Natural Right.

The Declaration of Rights has placed property in its list of the natural
and inalienable rights of man, four in all: LIBERTY, EQUALITY, PROPERTY,
SECURITY. What rule did the legislators of '93 follow in compiling
this list? None. They laid down principles, just as they discussed
sovereignty and the laws; from a general point of view, and according to
their own opinion. They did every thing in their own blind way.

If we can believe Toullier: "The absolute rights can be reduced to
three: SECURITY, LIBERTY, PROPERTY." Equality is eliminated by the
Rennes professor; why? Is it because LIBERTY implies it, or because
property prohibits it? On this point the author of "Droit Civil
Explique" is silent: it has not even occurred to him that the matter is
under discussion.

Nevertheless, if we compare these three or four rights with each other,
we find that property bears no resemblance whatever to the others;
that for the majority of citizens it exists only potentially, and as a
dormant faculty without exercise; that for the others, who do enjoy it,
it is susceptible of certain transactions and modifications which do
not harmonize with the idea of a natural right; that, in practice,
governments, tribunals, and laws do not respect it; and finally that
everybody, spontaneously and with one voice, regards it as chimerical.

Liberty is inviolable. I can neither sell nor alienate my liberty;
every contract, every condition of a contract, which has in view the
alienation or suspension of liberty, is null: the slave, when he plants
his foot upon the soil of liberty, at that moment becomes a free man.
When society seizes a malefactor and deprives him of his liberty, it is
a case of legitimate defence: whoever violates the social compact by the
commission of a crime declares himself a public enemy; in attacking the
liberty of others, he compels them to take away his own. Liberty is the
original condition of man; to renounce liberty is to renounce the nature
of man: after that, how could we perform the acts of man?

Likewise, equality before the law suffers neither restriction nor
exception. All Frenchmen are equally eligible to office: consequently,
in the presence of this equality, condition and family have, in many
cases, no influence upon choice. The poorest citizen can obtain judgment
in the courts against one occupying the most exalted station. Let the
millionaire, Ahab, build a chateau upon the vineyard of Naboth: the
court will have the power, according to the circumstances, to order the
destruction of the chateau, though it has cost millions; and to force
the trespasser to restore the vineyard to its original state, and pay
the damages. The law wishes all property, that has been legitimately
acquired, to be kept inviolate without regard to value, and without
respect for persons.

The charter demands, it is true, for the exercise of certain political
rights, certain conditions of fortune and capacity; but all publicists
know that the legislator's intention was not to establish a privilege,
but to take security. Provided the conditions fixed by law are complied
with, every citizen may be an elector, and every elector eligible. The
right, once acquired, is the same for all; the law compares neither
persons nor votes. I do not ask now whether this system is the best; it
is enough that, in the opinion of the charter and in the eyes of every
one, equality before the law is absolute, and, like liberty, admits of
no compromise.

It is the same with the right of security. Society promises its members
no half-way protection, no sham defence; it binds itself to them as
they bind themselves to it. It does not say to them, "I will shield
you, provided it costs me nothing; I will protect you, if I run no risks
thereby." It says, "I will defend you against everybody; I will save and
avenge you, or perish myself."

The whole strength of the State is at the service of each citizen; the
obligation which binds them together is absolute.

How different with property! Worshipped by all, it is acknowledged by
none: laws, morals, customs, public and private conscience, all plot its
death and ruin.

To meet the expenses of government, which has armies to support, tasks
to perform, and officers to pay, taxes are needed. Let all contribute to
these expenses: nothing more just. But why should the rich pay more than
the poor? That is just, they say, because they possess more. I confess
that such justice is beyond my comprehension.

Why are taxes paid? To protect all in the exercise of their natural
rights--liberty, equality, security, and property; to maintain order in
the State; to furnish the public with useful and pleasant conveniences.

Now, does it cost more to defend the rich man's life and liberty than
the poor man's? Who, in time of invasion, famine, or plague, causes
more trouble,--the large proprietor who escapes the evil without
the assistance of the State, or the laborer who sits in his cottage
unprotected from danger?

Is public order endangered more by the worthy citizen, or by the artisan
and journeyman? Why, the police have more to fear from a few hundred
laborers, out of work, than from two hundred thousand electors!

Does the man of large income appreciate more keenly than the poor man
national festivities, clean streets, and beautiful monuments?

Why, he prefers his country-seat to all the popular pleasures; and when
he wants to enjoy himself, he does not wait for the greased pole!

One of two things is true: either the proportional tax affords greater
security to the larger tax-payers, or else it is a wrong.

Because, if property is a natural right, as the Declaration of '93
declares, all that belongs to me by virtue of this right is as sacred as
my person; it is my blood, my life, myself: whoever touches it offends
the apple of my eye. My income of one hundred thousand francs is as
inviolable as the grisette's daily wage of seventy-five centimes; her
attic is no more sacred than my suite of apartments. The tax is not
levied in proportion to strength, size, or skill: no more should it be
levied in proportion to property.

If, then, the State takes more from me, let it give me more in return,
or cease to talk of equality of rights; for otherwise, society is
established, not to defend property, but to destroy it. The State,
through the proportional tax, becomes the chief of robbers; the State
sets the example of systematic pillage: the State should be brought to
the bar of justice at the head of those hideous brigands, that execrable
mob which it now kills from motives of professional jealousy.

But, they say, the courts and the police force are established to
restrain this mob; government is a company, not exactly for insurance,
for it does not insure, but for vengeance and repression. The premium
which this company exacts, the tax, is divided in proportion to
property; that is, in proportion to the trouble which each piece of
property occasions the avengers and repressers paid by the government.

This is any thing but the absolute and inalienable right of property.
Under this system the poor and the rich distrust, and make war upon,
each other. But what is the object of the war? Property. So that
property is necessarily accompanied by war upon property. The liberty
and security of the rich do not suffer from the liberty and security
of the poor; far from that, they mutually strengthen and sustain each
other. The rich man's right of property, on the contrary, has to be
continually defended against the poor man's desire for property. What
a contradiction! In England they have a poor-rate: they wish me to pay
this tax. But what relation exists between my natural and inalienable
right of property and the hunger from which ten million wretched people
are suffering? When religion commands us to assist our fellows, it
speaks in the name of charity, not in the name of law. The obligation
of benevolence, imposed upon me by Christian morality, cannot be imposed
upon me as a political tax for the benefit of any person or poor-house.
I will give alms when I see fit to do so, when the sufferings of others
excite in me that sympathy of which philosophers talk, and in which I do
not believe: I will not be forced to bestow them. No one is obliged to
do more than comply with this injunction: IN THE EXERCISE OF YOUR OWN
RIGHTS DO NOT ENCROACH UPON THE RIGHTS OF ANOTHER; an injunction which
is the exact definition of liberty. Now, my possessions are my own;
no one has a claim upon them: I object to the placing of the third
theological virtue in the order of the day.

Everybody, in France, demands the conversion of the five per cent.
bonds; they demand thereby the complete sacrifice of one species of
property. They have the right to do it, if public necessity requires it;
but where is the just indemnity promised by the charter? Not only
does none exist, but this indemnity is not even possible; for, if the
indemnity were equal to the property sacrificed, the conversion would be
useless.

The State occupies the same position to-day toward the bondholders
that the city of Calais did, when besieged by Edward III, toward its
notables. The English conqueror consented to spare its inhabitants,
provided it would surrender to him its most distinguished citizens to do
with as he pleased. Eustache and several others offered themselves; it
was noble in them, and our ministers should recommend their example to
the bondholders. But had the city the right to surrender them? Assuredly
not. The right to security is absolute; the country can require no one
to sacrifice himself. The soldier standing guard within the enemy's
range is no exception to this rule. Wherever a citizen stands guard,
the country stands guard with him: to-day it is the turn of the one,
to-morrow of the other. When danger and devotion are common, flight is
parricide. No one has the right to flee from danger; no one can serve
as a scapegoat. The maxim of Caiaphas--IT IS RIGHT THAT A MAN SHOULD DIE
FOR HIS NATION--is that of the populace and of tyrants; the two extremes
of social degradation.

It is said that all perpetual annuities are essentially redeemable. This
maxim of civil law, applied to the State, is good for those who wish to
return to the natural equality of labor and wealth; but, from the point
of view of the proprietor, and in the mouth of conversionists, it is
the language of bankrupts. The State is not only a borrower, it is an
insurer and guardian of property; granting the best of security, it
assures the most inviolable possession. How, then, can it force open the
hands of its creditors, who have confidence in it, and then talk to
them of public order and security of property? The State, in such
an operation, is not a debtor who discharges his debt; it is a
stock-company which allures its stockholders into a trap, and there,
contrary to its authentic promise, exacts from them twenty, thirty, or
forty per cent. of the interest on their capital.

That is not all. The State is a university of citizens joined together
under a common law by an act of society. This act secures all in the
possession of their property; guarantees to one his field, to another
his vineyard, to a third his rents, and to the bondholder, who might
have bought real estate but who preferred to come to the assistance of
the treasury, his bonds. The State cannot demand, without offering an
equivalent, the sacrifice of an acre of the field or a corner of the
vineyard; still less can it lower rents: why should it have the right
to diminish the interest on bonds? This right could not justly exist,
unless the bondholder could invest his funds elsewhere to equal
advantage; but being confined to the State, where can he find a place to
invest them, since the cause of conversion, that is, the power to borrow
to better advantage, lies in the State? That is why a government, based
on the principle of property, cannot redeem its annuities without the
consent of their holders.

The money deposited with the republic is property which it has no right
to touch while other kinds of property are respected; to force
their redemption is to violate the social contract, and outlaw the
bondholders.

The whole controversy as to the conversion of bonds finally reduces
itself to this:--

QUESTION. Is it just to reduce to misery forty-five thousand families
who derive an income from their bonds of one hundred francs or less?

ANSWER. Is it just to compel seven or eight millions of tax-payers to
pay a tax of five francs, when they should pay only three? It is clear,
in the first place, that the reply is in reality no reply; but, to make
the wrong more apparent, let us change it thus: Is it just to endanger
the lives of one hundred thousand men, when we can save them by
surrendering one hundred heads to the enemy? Reader, decide!

All this is clearly understood by the defenders of the present system.
Yet, nevertheless, sooner or later, the conversion will be effected
and property be violated, because no other course is possible; because
property, regarded as a right, and not being a right, must of right
perish; because the force of events, the laws of conscience, and
physical and mathematical necessity must, in the end, destroy this
illusion of our minds.

To sum up: liberty is an absolute right, because it is to man what
impenetrability is to matter,--a sine qua non of existence; equality
is an absolute right, because without equality there is no society;
security is an absolute right, because in the eyes of every man his own
liberty and life are as precious as another's. These three rights are
absolute; that is, susceptible of neither increase nor diminution;
because in society each associate receives as much as he gives,--liberty
for liberty, equality for equality, security for security, body for
body, soul for soul, in life and in death.

But property, in its derivative sense, and by the definitions of law, is
a right outside of society; for it is clear that, if the wealth of each
was social wealth, the conditions would be equal for all, and it would
be a contradiction to say: PROPERTY IS A MAN'S RIGHT TO DISPOSE AT WILL
OF SOCIAL PROPERTY. Then if we are associated for the sake of liberty,
equality, and security, we are not associated for the sake of property;
then if property is a NATURAL right, this natural right is not SOCIAL,
but ANTI-SOCIAL. Property and society are utterly irreconcilable
institutions. It is as impossible to associate two proprietors as to
join two magnets by their opposite poles. Either society must perish, or
it must destroy property.

If property is a natural, absolute, imprescriptible, and inalienable
right, why, in all ages, has there been so much speculation as to its
origin?--for this is one of its distinguishing characteristics. The
origin of a natural right! Good God! who ever inquired into the origin
of the rights of liberty, security, or equality? They exist by the same
right that we exist; they are born with us, they live and die with us.
With property it is very different, indeed. By law, property can exist
without a proprietor, like a quality without a subject. It exists for
the human being who as yet is not, and for the octogenarian who is no
more. And yet, in spite of these wonderful prerogatives which savor
of the eternal and the infinite, they have never found the origin of
property; the doctors still disagree. On one point only are they in
harmony: namely, that the validity of the right of property depends upon
the authenticity of its origin. But this harmony is their condemnation.
Why have they acknowledged the right before settling the question of
origin?

Certain classes do not relish investigation into the pretended titles to
property, and its fabulous and perhaps scandalous history. They wish to
hold to this proposition: that property is a fact; that it always has
been, and always will be. With that proposition the savant Proudhon [11]
commenced his "Treatise on the Right of Usufruct," regarding the origin
of property as a useless question. Perhaps I would subscribe to this
doctrine, believing it inspired by a commendable love of peace, were
all my fellow-citizens in comfortable circumstances; but, no! I will not
subscribe to it.

The titles on which they pretend to base the right of property are two
in number: OCCUPATION and LABOR. I shall examine them successively,
under all their aspects and in detail; and I remind the reader that,
to whatever authority we appeal, I shall prove beyond a doubt that
property, to be just and possible, must necessarily have equality for
its condition.


% 2.--Occupation, as the Title to Property.

It is remarkable that, at those meetings of the State Council at which
the Code was discussed, no controversy arose as to the origin and
principle of property. All the articles of Vol. II., Book 2, concerning
property and the right of accession, were passed without opposition or
amendment. Bonaparte, who on other questions had given his legists so
much trouble, had nothing to say about property. Be not surprised at it:
in the eyes of that man, the most selfish and wilful person that ever
lived, property was the first of rights, just as submission to authority
was the most holy of duties.

The right of OCCUPATION, or of the FIRST OCCUPANT, is that which results
from the actual, physical, real possession of a thing. I occupy a
piece of land; the presumption is, that I am the proprietor, until
the contrary is proved. We know that originally such a right cannot be
legitimate unless it is reciprocal; the jurists say as much.

Cicero compares the earth to a vast theatre: _Quemadmodum theatrum cum
commune sit, recte tamen dici potest ejus esse eum locum quem quisque
occuparit_.

This passage is all that ancient philosophy has to say about the origin
of property.

The theatre, says Cicero, is common to all; nevertheless, the place that
each one occupies is called HIS OWN; that is, it is a place POSSESSED,
not a place APPROPRIATED. This comparison annihilates property;
moreover, it implies equality. Can I, in a theatre, occupy at the same
time one place in the pit, another in the boxes, and a third in the
gallery? Not unless I have three bodies, like Geryon, or can exist
in different places at the same time, as is related of the magician
Apollonius.

According to Cicero, no one has a right to more than he needs: such
is the true interpretation of his famous axiom--_suum quidque cujusque
sit_, to each one that which belongs to him--an axiom that has been
strangely applied. That which belongs to each is not that which each MAY
possess, but that which each HAS A RIGHT to possess. Now, what have we a
right to possess? That which is required for our labor and consumption;
Cicero's comparison of the earth to a theatre proves it. According to
that, each one may take what place he will, may beautify and adorn it,
if he can; it is allowable: but he must never allow himself to overstep
the limit which separates him from another. The doctrine of Cicero leads
directly to equality; for, occupation being pure toleration, if the
toleration is mutual (and it cannot be otherwise) the possessions are
equal.

Grotius rushes into history; but what kind of reasoning is that which
seeks the origin of a right, said to be natural, elsewhere than in
Nature? This is the method of the ancients: the fact exists, then it
is necessary, then it is just, then its antecedents are just also.
Nevertheless, let us look into it.

"Originally, all things were common and undivided; they were the
property of all." Let us go no farther. Grotius tells us how this
original communism came to an end through ambition and cupidity; how the
age of gold was followed by the age of iron, &c. So that property rested
first on war and conquest, then on treaties and agreements. But either
these treaties and agreements distributed wealth equally, as did the
original communism (the only method of distribution with which the
barbarians were acquainted, and the only form of justice of which they
could conceive; and then the question of origin assumes this form:
how did equality afterwards disappear?)--or else these treaties and
agreements were forced by the strong upon the weak, and in that case
they are null; the tacit consent of posterity does not make them valid,
and we live in a permanent condition of iniquity and fraud.

We never can conceive how the equality of conditions, having once
existed, could afterwards have passed away. What was the cause of such
degeneration? The instincts of the animals are unchangeable, as well
as the differences of species; to suppose original equality in human
society is to admit by implication that the present inequality is
a degeneration from the nature of this society,--a thing which the
defenders of property cannot explain. But I infer therefrom that, if
Providence placed the first human beings in a condition of equality, it
was an indication of its desires, a model that it wished them to realize
in other forms; just as the religious sentiment, which it planted in
their hearts, has developed and manifested itself in various ways. Man
has but one nature, constant and unalterable: he pursues it through
instinct, he wanders from it through reflection, he returns to it
through judgment; who shall say that we are not returning now? According
to Grotius, man has abandoned equality; according to me, he will yet
return to it. How came he to abandon it? Why will he return to it? These
are questions for future consideration.

Reid writes as follows:--

"The right of property is not innate, but acquired. It is not grounded
upon the constitution of man, but upon his actions. Writers on
jurisprudence have explained its origin in a manner that may satisfy
every man of common understanding.

"The earth is given to men in common for the purposes of life, by the
bounty of Heaven. But to divide it, and appropriate one part of its
produce to one, another part to another, must be the work of men
who have power and understanding given them, by which every man may
accommodate himself, WITHOUT HURT TO ANY OTHER.

"This common right of every man to what the earth produces, before it
be occupied and appropriated by others, was, by ancient moralists, very
properly compared to the right which every citizen had to the public
theatre, where every man that came might occupy an empty seat, and
thereby acquire a right to it while the entertainment lasted; but no man
had a right to dispossess another.

"The earth is a great theatre, furnished by the Almighty, with perfect
wisdom and goodness, for the entertainment and employment of all
mankind. Here every man has a right to accommodate himself as a
spectator, and to perform his part as an actor; but without hurt to
others."


Consequences of Reid's doctrine.

1. That the portion which each one appropriates may wrong no one, it
must be equal to the quotient of the total amount of property to be
shared, divided by the number of those who are to share it;

2. The number of places being of necessity equal at all times to that
of the spectators, no spectator can occupy two places, nor can any actor
play several parts;

3. Whenever a spectator comes in or goes out, the places of all contract
or enlarge correspondingly: for, says Reid, "THE RIGHT OF PROPERTY
IS NOT INNATE, BUT ACQUIRED;" consequently, it is not absolute;
consequently, the occupancy on which it is based, being a conditional
fact, cannot endow this right with a stability which it does not possess
itself. This seems to have been the thought of the Edinburgh professor
when he added:--


"A right to life implies a right to the necessary means of life; and
that justice, which forbids the taking away the life of an innocent man,
forbids no less the taking from him the necessary means of life. He has
the same right to defend the one as the other. To hinder another man's
innocent labor, or to deprive him of the fruit of it, is an injustice
of the same kind, and has the same effect as to put him in fetters or in
prison, and is equally a just object of resentment."


Thus the chief of the Scotch school, without considering at all the
inequality of skill or labor, posits a priori the equality of the means
of labor, abandoning thereafter to each laborer the care of his own
person, after the eternal axiom: WHOSO DOES WELL, SHALL FARE WELL.

The philosopher Reid is lacking, not in knowledge of the principle, but
in courage to pursue it to its ultimate. If the right of life is equal,
the right of labor is equal, and so is the right of occupancy. Would
it not be criminal, were some islanders to repulse, in the name of
property, the unfortunate victims of a shipwreck struggling to reach
the shore? The very idea of such cruelty sickens the imagination. The
proprietor, like Robinson Crusoe on his island, wards off with pike and
musket the proletaire washed overboard by the wave of civilization, and
seeking to gain a foothold upon the rocks of property. "Give me work!"
cries he with all his might to the proprietor: "don't drive me away, I
will work for you at any price." "I do not need your services," replies
the proprietor, showing the end of his pike or the barrel of his gun.
"Lower my rent at least." "I need my income to live upon." "How can
I pay you, when I can get no work?" "That is your business." Then the
unfortunate proletaire abandons himself to the waves; or, if he attempts
to land upon the shore of property, the proprietor takes aim, and kills
him.

We have just listened to a spiritualist; we will now question a
materialist, then an eclectic: and having completed the circle of
philosophy, we will turn next to law.

According to Destutt de Tracy, property is a necessity of our nature.
That this necessity involves unpleasant consequences, it would be
folly to deny. But these consequences are necessary evils which do not
invalidate the principle; so that it is as unreasonable to rebel against
property on account of the abuses which it generates, as to complain
of life because it is sure to end in death. This brutal and pitiless
philosophy promises at least frank and close reasoning. Let us see if it
keeps its promise.


"We talk very gravely about the conditions of property,... as if it was
our province to decide what constitutes property.... It would seem, to
hear certain philosophers and legislators, that at a certain moment,
spontaneously and without cause, people began to use the words THINE and
MINE; and that they might have, or ought to have, dispensed with them.
But THINE and MINE were never invented."


A philosopher yourself, you are too realistic. THINE and MINE do not
necessarily refer to self, as they do when I say your philosophy, and my
equality; for your philosophy is you philosophizing, and my equality is
I professing equality. THINE and MINE oftener indicate a relation,--YOUR
country, YOUR parish, YOUR tailor, YOUR milkmaid; MY chamber, MY seat at
the theatre, MY company and MY battalion in the National Guard. In the
former sense, we may sometimes say MY labor, MY skill, MY virtue; never
MY grandeur nor MY majesty: in the latter sense only, MY field, MY
house, MY vineyard, MY capital,--precisely as the banker's clerk says
MY cash-box. In short, THINE and MINE are signs and expressions of
personal, but equal, rights; applied to things outside of us, they
indicate possession, function, use, not property.

It does not seem possible, but, nevertheless, I shall prove, by
quotations, that the whole theory of our author is based upon this
paltry equivocation.


"Prior to all covenants, men are, not exactly, as Hobbes says, in a
state of HOSTILITY, but of ESTRANGEMENT. In this state, justice and
injustice are unknown; the rights of one bear no relation to the rights
of another. All have as many rights as needs, and all feel it their duty
to satisfy those needs by any means at their command."


Grant it; whether true or false, it matters not. Destutt de Tracy cannot
escape equality. On this theory, men, while in a state of ESTRANGEMENT,
are under no obligations to each other; they all have the right
to satisfy their needs without regard to the needs of others, and
consequently the right to exercise their power over Nature, each
according to his strength and ability. That involves the greatest
inequality of wealth. Inequality of conditions, then, is the
characteristic feature of estrangement or barbarism: the exact opposite
of Rousseau's idea.

But let us look farther:--


"Restrictions of these rights and this duty commence at the time when
covenants, either implied or expressed, are agreed upon. Then appears
for the first time justice and injustice; that is, the balance between
the rights of one and the rights of another, which up to that time were
necessarily equal."

Listen: RIGHTS WERE EQUAL; that means that each individual had the right
to SATISFY HIS NEEDS WITHOUT REFERENCE TO THE NEEDS OF OTHERS. In other
words, that all had the right to injure each other; that there was no
right save force and cunning. They injured each other, not only by war
and pillage, but also by usurpation and appropriation. Now, in order to
abolish this equal right to use force and stratagem,--this equal
right to do evil, the sole source of the inequality of benefits and
injuries,--they commenced to make COVENANTS EITHER IMPLIED OR EXPRESSED,
and established a balance. Then these agreements and this balance
were intended to secure to all equal comfort; then, by the law of
contradictions, if isolation is the principle of inequality, society
must produce equality. The social balance is the equalization of the
strong and the weak; for, while they are not equals, they are strangers;
they can form no associations,--they live as enemies. Then, if
inequality of conditions is a necessary evil, so is isolation, for
society and inequality are incompatible with each other. Then, if
society is the true condition of man's existence, so is equality also.
This conclusion cannot be avoided.

This being so, how is it that, ever since the establishment of this
balance, inequality has been on the increase? How is it that justice and
isolation always accompany each other? Destutt de Tracy shall reply:--


"NEEDS and MEANS, RIGHTS and DUTIES, are products of the will. If man
willed nothing, these would not exist. But to have needs and means,
rights and duties, is to HAVE, to POSSESS, something. They are so many
kinds of property, using the word in its most general sense: they are
things which belong to us."


Shameful equivocation, not justified by the necessity for
generalization! The word PROPERTY has two meanings: 1. It designates the
quality which makes a thing what it is; the attribute which is peculiar
to it, and especially distinguishes it. We use it in this sense when we
say THE PROPERTIES OF THE TRIANGLE or of NUMBERS; THE PROPERTY OF THE
MAGNET, &c. 2. It expresses the right of absolute control over a thing
by a free and intelligent being. It is used in this sense by writers
on jurisprudence. Thus, in the phrase, IRON ACQUIRES THE PROPERTY OF A
MAGNET, the word PROPERTY does not convey the same idea that it does in
this one: _I HAVE ACQUIRED THIS MAGNET AS MY PROPERTY_. To tell a poor
man that he HAS property because he HAS arms and legs,--that the hunger
from which he suffers, and his power to sleep in the open air are his
property,--is to play upon words, and to add insult to injury.


"The sole basis of the idea of property is the idea of personality. As
soon as property is born at all, it is born, of necessity, in all its
fulness. As soon as an individual knows HIMSELF,--his moral personality,
his capacities of enjoyment, suffering, and action,--he necessarily
sees also that this SELF is exclusive proprietor of the body in which
it dwells, its organs, their powers, faculties, &c.... Inasmuch as
artificial and conventional property exists, there must be natural
property also; for nothing can exist in art without its counterpart in
Nature."


We ought to admire the honesty and judgment of philosophers! Man has
properties; that is, in the first acceptation of the term, faculties. He
has property; that is, in its second acceptation, the right of domain.
He has, then, the property of the property of being proprietor. How
ashamed I should be to notice such foolishness, were I here considering
only the authority of Destutt de Tracy! But the entire human race, since
the origination of society and language, when metaphysics and dialectics
were first born, has been guilty of this puerile confusion of thought.
All which man could call his own was identified in his mind with his
person. He considered it as his property, his wealth; a part of himself,
a member of his body, a faculty of his mind. The possession of things
was likened to property in the powers of the body and mind; and on this
false analogy was based the right of property,--THE IMITATION OF NATURE
BY ART, as Destutt de Tracy so elegantly puts it.

But why did not this ideologist perceive that man is not proprietor even
of his own faculties? Man has powers, attributes, capacities; they are
given him by Nature that he may live, learn, and love: he does not own
them, but has only the use of them; and he can make no use of them that
does not harmonize with Nature's laws. If he had absolute mastery over
his faculties, he could avoid hunger and cold; he could eat unstintedly,
and walk through fire; he could move mountains, walk a hundred leagues
in a minute, cure without medicines and by the sole force of his will,
and could make himself immortal. He could say, "I wish to produce," and
his tasks would be finished with the words; he could say. "I wish to
know," and he would know; "I love," and he would enjoy. What then? Man
is not master of himself, but may be of his surroundings. Let him use
the wealth of Nature, since he can live only by its use; but let him
abandon his pretensions to the title of proprietor, and remember that he
is called so only metaphorically.

To sum up: Destutt de Tracy classes together the external PRODUCTIONS of
nature and art, and the POWERS or FACULTIES of man, making both of them
species of property; and upon this equivocation he hopes to establish,
so firmly that it can never be disturbed, the right of property. But
of these different kinds of property some are INNATE, as memory,
imagination, strength, and beauty; while others are ACQUIRED, as land,
water, and forests. In the state of Nature or isolation, the strongest
and most skilful (that is, those best provided with innate property)
stand the best chance of obtaining acquired property. Now, it is to
prevent this encroachment and the war which results therefrom, that
a balance (justice) has been employed, and covenants (implied or
expressed) agreed upon: it is to correct, as far as possible, inequality
of innate property by equality of acquired property. As long as the
division remains unequal, so long the partners remain enemies; and it
is the purpose of the covenants to reform this state of things. Thus
we have, on the one hand, isolation, inequality, enmity, war, robbery,
murder; on the other, society, equality, fraternity, peace, and love.
Choose between them!

M. Joseph Dutens--a physician, engineer, and geometrician, but a very
poor legist, and no philosopher at all--is the author of a "Philosophy
of Political Economy," in which he felt it his duty to break lances in
behalf of property. His reasoning seems to be borrowed from Destutt
de Tracy. He commences with this definition of property, worthy of
Sganarelle: "Property is the right by which a thing is one's own."
Literally translated: Property is the right of property.

After getting entangled a few times on the subjects of will, liberty,
and personality; after having distinguished between IMMATERIAL-NATURAL
property, and MATERIAL-NATURAL property, a distinction similar to
Destutt de Tracy's of innate and acquired property,--M. Joseph Dutens
concludes with these two general propositions: 1. Property is a natural
and inalienable right of every man; 2. Inequality of property is a
necessary result of Nature,--which propositions are convertible into a
simpler one: All men have an equal right of unequal property.

He rebukes M. de Sismondi for having taught that landed property has no
other basis than law and conventionality; and he says himself, speaking
of the respect which people feel for property, that "their good sense
reveals to them the nature of the ORIGINAL CONTRACT made between society
and proprietors."

He confounds property with possession, communism with equality, the just
with the natural, and the natural with the possible. Now he takes these
different ideas to be equivalents; now he seems to distinguish between
them, so much so that it would be infinitely easier to refute him than
to understand him. Attracted first by the title of the work, "Philosophy
of Political Economy," I have found, among the author's obscurities,
only the most ordinary ideas. For that reason I will not speak of him.

M. Cousin, in his "Moral Philosophy," page 15, teaches that all
morality, all laws, all rights are given to man with this injunction:
"FREE BEING, REMAIN FREE." Bravo! master; I wish to remain free if I
can. He continues:--

"Our principle is true; it is good, it is social. Do not fear to push it
to its ultimate.

"1. If the human person is sacred, its whole nature is sacred; and
particularly its interior actions, its feelings, its thoughts, its
voluntary decisions. This accounts for the respect due to philosophy,
religion, the arts industry, commerce, and to all the results of
liberty. I say respect, not simply toleration; for we do not tolerate a
right, we respect it."

I bow my head before this philosophy.


"2. My liberty, which is sacred, needs for its objective action an
instrument which we call the body: the body participates then in the
sacredness of liberty; it is then inviolable. This is the basis of the
principle of individual liberty.

"3. My liberty needs, for its objective action, material to work upon;
in other words, property or a thing. This thing or property naturally
participates then in the inviolability of my person. For instance, I
take possession of an object which has become necessary and useful in
the outward manifestation of my liberty. I say, 'This object is
mine since it belongs to no one else; consequently, I possess it
legitimately.' So the legitimacy of possession rests on two conditions.
First, I possess only as a free being. Suppress free activity, you
destroy my power to labor. Now it is only by labor that I can use this
property or thing, and it is only by using it that I possess it. Free
activity is then the principle of the right of property. But that alone
does not legitimate possession. All men are free; all can use property
by labor. Does that mean that all men have a right to all property? Not
at all. To possess legitimately, I must not only labor and produce in
my capacity of a free being, but I must also be the first to occupy the
property. In short, if labor and production are the principle of the
right of property, the fact of first occupancy is its indispensable
condition.

"4. I possess legitimately: then I have the right to use my property as
I see fit. I have also the right to give it away. I have also the right
to bequeath it; for if I decide to make a donation, my decision is as
valid after my death as during my life."

In fact, to become a proprietor, in M. Cousin's opinion, one must take
possession by occupation and labor. I maintain that the element of time
must be considered also; for if the first occupants have occupied every
thing, what are the new comers to do? What will become of them, having
an instrument with which to work, but no material to work upon?
Must they devour each other? A terrible extremity, unforeseen by
philosophical prudence; for the reason that great geniuses neglect
little things.

Notice also that M. Cousin says that neither occupation nor labor, taken
separately, can legitimate the right of property; and that it is born
only from the union of the two. This is one of M. Cousin's eclectic
turns, which he, more than any one else, should take pains to
avoid. Instead of proceeding by the method of analysis, comparison,
elimination, and reduction (the only means of discovering the truth amid
the various forms of thought and whimsical opinions), he jumbles
all systems together, and then, declaring each both right and wrong,
exclaims: "There you have the truth."

But, adhering to my promise, I will not refute him. I will only prove,
by all the arguments with which he justifies the right of property, the
principle of equality which kills it. As I have already said, my sole
intent is this: to show at the bottom of all these positions that
inevitable major, EQUALITY; hoping hereafter to show that the principle
of property vitiates the very elements of economical, moral, and
governmental science, thus leading it in the wrong direction.

Well, is it not true, from M. Cousin's point of view, that, if the
liberty of man is sacred, it is equally sacred in all individuals; that,
if it needs property for its objective action, that is, for its life,
the appropriation of material is equally necessary for all; that, if I
wish to be respected in my right of appropriation, I must respect
others in theirs; and, consequently, that though, in the sphere of the
infinite, a person's power of appropriation is limited only by
himself, in the sphere of the finite this same power is limited by the
mathematical relation between the number of persons and the space which
they occupy? Does it not follow that if one individual cannot prevent
another--his fellow-man--from appropriating an amount of material equal
to his own, no more can he prevent individuals yet to come; because,
while individuality passes away, universality persists, and eternal laws
cannot be determined by a partial view of their manifestations? Must we
not conclude, therefore, that whenever a person is born, the others must
crowd closer together; and, by reciprocity of obligation, that if the
new comer is afterwards to become an heir, the right of succession does
not give him the right of accumulation, but only the right of choice?

I have followed M. Cousin so far as to imitate his style, and I am
ashamed of it. Do we need such high-sounding terms, such sonorous
phrases, to say such simple things? Man needs to labor in order to live;
consequently, he needs tools to work with and materials to work upon.
His need to produce constitutes his right to produce. Now, this right is
guaranteed him by his fellows, with whom he makes an agreement to that
effect. One hundred thousand men settle in a large country like France
with no inhabitants: each man has a right to 1/100,000 of the land. If
the number of possessors increases, each one's portion diminishes in
consequence; so that, if the number of inhabitants rises to thirty-four
millions, each one will have a right only to 1/34,000,000. Now,
so regulate the police system and the government, labor, exchange,
inheritance, &c., that the means of labor shall be shared by all
equally, and that each individual shall be free; and then society will
be perfect.

Of all the defenders of property, M. Cousin has gone the farthest. He
has maintained against the economists that labor does not establish the
right of property unless preceded by occupation, and against the jurists
that the civil law can determine and apply a natural right, but cannot
create it. In fact, it is not sufficient to say, "The right of property
is demonstrated by the existence of property; the function of the civil
law is purely declaratory." To say that, is to confess that there is
no reply to those who question the legitimacy of the fact itself.
Every right must be justifiable in itself, or by some antecedent right;
property is no exception. For this reason, M. Cousin has sought to base
it upon the SANCTITY of the human personality, and the act by which the
will assimilates a thing. "Once touched by man," says one of M. Cousin's
disciples, "things receive from him a character which transforms and
humanizes them." I confess, for my part, that I have no faith in this
magic, and that I know of nothing less holy than the will of man. But
this theory, fragile as it seems to psychology as well as jurisprudence,
is nevertheless more philosophical and profound than those theories
which are based upon labor or the authority of the law. Now, we have
just seen to what this theory of which we are speaking leads,--to the
equality implied in the terms of its statement.

But perhaps philosophy views things from too lofty a standpoint, and
is not sufficiently practical; perhaps from the exalted summit of
speculation men seem so small to the metaphysician that he cannot
distinguish between them; perhaps, indeed, the equality of conditions is
one of those principles which are very true and sublime as generalities,
but which it would be ridiculous and even dangerous to attempt to
rigorously apply to the customs of life and to social transactions.
Undoubtedly, this is a case which calls for imitation of the wise
reserve of moralists and jurists, who warn us against carrying things to
extremes, and who advise us to suspect every definition; because there
is not one, they say, which cannot be utterly destroyed by developing
its disastrous results--_Omnis definitio in jure civili periculosa
est: parum est enim ut non subverti possit_. Equality of conditions,--a
terrible dogma in the ears of the proprietor, a consoling truth at
the poor-man's sick-bed, a frightful reality under the knife of the
anatomist,--equality of conditions, established in the political, civil,
and industrial spheres, is only an alluring impossibility, an inviting
bait, a satanic delusion.

It is never my intention to surprise my reader. I detest, as I do death,
the man who employs subterfuge in his words and conduct. From the first
page of this book, I have expressed myself so plainly and decidedly that
all can see the tendency of my thought and hopes; and they will do me
the justice to say, that it would be difficult to exhibit more frankness
and more boldness at the same time. I do not hesitate to declare that
the time is not far distant when this reserve, now so much admired in
philosophers--this happy medium so strongly recommended by professors of
moral and political science--will be regarded as the disgraceful feature
of a science without principle, and as the seal of its reprobation. In
legislation and morals, as well as in geometry, axioms are absolute,
definitions are certain; and all the results of a principle are to be
accepted, provided they are logically deduced. Deplorable pride! We know
nothing of our nature, and we charge our blunders to it; and, in a
fit of unaffected ignorance, cry out, "The truth is in doubt, the
best definition defines nothing!" We shall know some time whether this
distressing uncertainty of jurisprudence arises from the nature of
its investigations, or from our prejudices; whether, to explain social
phenomena, it is not enough to change our hypothesis, as did Copernicus
when he reversed the system of Ptolemy.

But what will be said when I show, as I soon shall, that this same
jurisprudence continually tries to base property upon equality? What
reply can be made?



% 3.--Civil Law as the Foundation and Sanction of Property.

Pothier seems to think that property, like royalty, exists by divine
right. He traces back its origin to God himself--ab Jove principium. He
begins in this way:--


"God is the absolute ruler of the universe and all that it contains:
_Domini est terra et plenitudo ejus, orbis et universi qui habitant in
eo_. For the human race he has created the earth and all its creatures,
and has given it a control over them subordinate only to his own. 'Thou
madest him to have dominion over the works of thy hands; thou hast put
all things under his feet,' says the Psalmist. God accompanied this gift
with these words, addressed to our first parents after the creation: 'Be
fruitful, and multiply and replenish the earth,'" &c.


After this magnificent introduction, who would refuse to believe the
human race to be an immense family living in brotherly union, and
under the protection of a venerable father? But, heavens! are brothers
enemies? Are fathers unnatural, and children prodigal?

GOD GAVE THE EARTH TO THE HUMAN RACE: why then have I received none? HE
HAS PUT ALL THINGS UNDER MY FEET,--and I have not where to lay my head!
MULTIPLY, he tells us through his interpreter, Pothier. Ah, learned
Pothier! that is as easy to do as to say; but you must give moss to the
bird for its nest.


"The human race having multiplied, men divided among themselves the
earth and most of the things upon it; that which fell to each, from that
time exclusively belonged to him. That was the origin of the right of
property."


Say, rather, the right of possession. Men lived in a state of communism;
whether positive or negative it matters little. Then there was no
property, not even private possession. The genesis and growth of
possession gradually forcing people to labor for their support, they
agreed either formally or tacitly,--it makes no difference which,--that
the laborer should be sole proprietor of the fruit of his labor; that
is, they simply declared the fact that thereafter none could live
without working. It necessarily followed that, to obtain equality of
products, there must be equality of labor; and that, to obtain equality
of labor, there must be equality of facilities for labor. Whoever
without labor got possession, by force or by strategy, of another's
means of subsistence, destroyed equality, and placed himself above or
outside of the law. Whoever monopolized the means of production on the
ground of greater industry, also destroyed equality. Equality being then
the expression of right, whoever violated it was UNJUST.

Thus, labor gives birth to private possession; the right in a thing--jus
in re. But in what thing? Evidently IN THE PRODUCT, not IN THE SOIL.
So the Arabs have always understood it; and so, according to Caesar and
Tacitus, the Germans formerly held. "The Arabs," says M. de Sismondi,
"who admit a man's property in the flocks which he has raised, do not
refuse the crop to him who planted the seed; but they do not see why
another, his equal, should not have a right to plant in his turn.
The inequality which results from the pretended right of the first
occupant seems to them to be based on no principle of justice; and when
all the land falls into the hands of a certain number of inhabitants,
there results a monopoly in their favor against the rest of the nation,
to which they do not wish to submit."

Well, they have shared the land. I admit that therefrom results a more
powerful organization of labor; and that this method of distribution,
fixed and durable, is advantageous to production: but how could this
division give to each a transferable right of property in a thing
to which all had an inalienable right of possession? In the terms
of jurisprudence, this metamorphosis from possessor to proprietor is
legally impossible; it implies in the jurisdiction of the courts the
union of possessoire and petitoire; and the mutual concessions of those
who share the land are nothing less than traffic in natural rights. The
original cultivators of the land, who were also the original makers of
the law, were not as learned as our legislators, I admit; and had
they been, they could not have done worse: they did not foresee the
consequences of the transformation of the right of private possession
into the right of absolute property. But why have not those, who in
later times have established the distinction between jus in re and jus
ad rem, applied it to the principle of property itself?

Let me call the attention of the writers on jurisprudence to their own
maxims.

The right of property, provided it can have a cause, can have but
one--_Dominium non potest nisi ex una causa contingere_. I can possess
by several titles; I can become proprietor by only one--_Non ut ex
pluribus causis idem nobis deberi potest, ita ex pluribus causis idem
potest nostrum esse_. The field which I have cleared, which I cultivate,
on which I have built my house, which supports myself, my family, and
my livestock, I can possess: 1st. As the original occupant; 2d. As a
laborer

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