What is Property [148]
are wholly peaceful, may never be charged upon me as treasonable!
Like a stone thrown into a mass of serpents, the First Memoir on Property excited intense animosity, and aroused the passions of many. But, while some wished the author and his work to be publicly denounced, others found in them simply the solution of the fundamental problems of society; a few even basing evil speculations upon the new light which they had obtained. It was not to be expected that a system of inductions abstractly gathered together, and still more abstractly expressed, would be understood with equal accuracy in its ensemble and in each of its parts.
To find the law of equality, no longer in charity and self- sacrifice (which are not binding in their nature), but in justice; to base equality of functions upon equality of persons; to determine the absolute principle of exchange; to neutralize the inequality of individual faculties by collective force; to establish an equation between property and robbery; to change the law of succession without destroying the principle; to maintain the human personality in a system of absolute association, and to save liberty from the chains of communism; to synthetize the monarchical and democratic forms of government; to reverse the division of powers; to give the executive power to the nation, and to make legislation a positive, fixed, and absolute science,--what a series of paradoxes! what a string of delusions! if I may not say, what a chain of truths! But it is not my purpose here to pass upon the theory of the right of possession. I discuss no dogmas. My only object is to justify my views, and to show that, in writing as I did, I not only exercised a right, but performed a duty.
Yes, I have attacked property, and shall attack it again; but, sir, before demanding that I shall make the amende honorable for having obeyed my conscience and spoken the exact truth, condescend, I beg of you, to cast a glance at the events which are happening around us; look at our deputies, our magistrates, our philosophers, our ministers, our professors, and our publicists; examine their methods of dealing with the matter of property; count up with me the restrictions placed upon it every day in the name of the public welfare; measure the breaches already made; estimate those which society thinks of making hereafter; add the ideas concerning property held by all theories in common; interrogate history, and then tell me what will be left, half a century hence, of this old right of property; and, thus perceiving that I have so many accomplices, you will immediately declare me innocent.
What is the law of expropriation on the ground of public utility, which everybody favors, and which is even thought too lenient?[1]
[1] In the Chamber of Deputies, during the session of the fifth of January, 1841, M. Dufaure moved to renew the expropriation bill, on the ground of public utility.
A flagrant violation of the right of property. Society indemnifies, it is said, the dispossessed proprietor; but does it return to him the traditional associations, the poetic charm, and the family pride which accompany property? Naboth, and the miller of Sans-Souci, would have protested against French law, as they protested against the caprice of their kings. "It is the field of our fathers," they would have cried, "and we will not sell it!" Among the ancients, the refusal of the individual limited the powers of the State. The Roman law bowed to the will of the citizen, and an emperor--Commodus, if I remember rightly--abandoned the project of enlarging the forum out of respect for the rights of the occupants who refused to abdicate. Property is a real right, _jus_ _in re_,--a right inherent in the thing, and whose principle lies in the external manifestation of man's will. Man leaves his imprint, stamps his character, upon the objects of his handiwork. This plastic force of man, as the modern jurists say, is the seal which, set upon matter, makes it holy. Whoever lays hands upon it, against the proprietor's will, does
Like a stone thrown into a mass of serpents, the First Memoir on Property excited intense animosity, and aroused the passions of many. But, while some wished the author and his work to be publicly denounced, others found in them simply the solution of the fundamental problems of society; a few even basing evil speculations upon the new light which they had obtained. It was not to be expected that a system of inductions abstractly gathered together, and still more abstractly expressed, would be understood with equal accuracy in its ensemble and in each of its parts.
To find the law of equality, no longer in charity and self- sacrifice (which are not binding in their nature), but in justice; to base equality of functions upon equality of persons; to determine the absolute principle of exchange; to neutralize the inequality of individual faculties by collective force; to establish an equation between property and robbery; to change the law of succession without destroying the principle; to maintain the human personality in a system of absolute association, and to save liberty from the chains of communism; to synthetize the monarchical and democratic forms of government; to reverse the division of powers; to give the executive power to the nation, and to make legislation a positive, fixed, and absolute science,--what a series of paradoxes! what a string of delusions! if I may not say, what a chain of truths! But it is not my purpose here to pass upon the theory of the right of possession. I discuss no dogmas. My only object is to justify my views, and to show that, in writing as I did, I not only exercised a right, but performed a duty.
Yes, I have attacked property, and shall attack it again; but, sir, before demanding that I shall make the amende honorable for having obeyed my conscience and spoken the exact truth, condescend, I beg of you, to cast a glance at the events which are happening around us; look at our deputies, our magistrates, our philosophers, our ministers, our professors, and our publicists; examine their methods of dealing with the matter of property; count up with me the restrictions placed upon it every day in the name of the public welfare; measure the breaches already made; estimate those which society thinks of making hereafter; add the ideas concerning property held by all theories in common; interrogate history, and then tell me what will be left, half a century hence, of this old right of property; and, thus perceiving that I have so many accomplices, you will immediately declare me innocent.
What is the law of expropriation on the ground of public utility, which everybody favors, and which is even thought too lenient?[1]
[1] In the Chamber of Deputies, during the session of the fifth of January, 1841, M. Dufaure moved to renew the expropriation bill, on the ground of public utility.
A flagrant violation of the right of property. Society indemnifies, it is said, the dispossessed proprietor; but does it return to him the traditional associations, the poetic charm, and the family pride which accompany property? Naboth, and the miller of Sans-Souci, would have protested against French law, as they protested against the caprice of their kings. "It is the field of our fathers," they would have cried, "and we will not sell it!" Among the ancients, the refusal of the individual limited the powers of the State. The Roman law bowed to the will of the citizen, and an emperor--Commodus, if I remember rightly--abandoned the project of enlarging the forum out of respect for the rights of the occupants who refused to abdicate. Property is a real right, _jus_ _in re_,--a right inherent in the thing, and whose principle lies in the external manifestation of man's will. Man leaves his imprint, stamps his character, upon the objects of his handiwork. This plastic force of man, as the modern jurists say, is the seal which, set upon matter, makes it holy. Whoever lays hands upon it, against the proprietor's will, does