What is Property [63]
indemnity is refused me, what do I, a proletaire, care for the tranquillity and security of the rich? I care as little for PUBLIC ORDER as for the proprietor's safety. I ask to live a laborer; otherwise I will die a warrior.
Whichever way we turn, we shall come to the conclusion that prescription is a contradiction of property; or rather that prescription and property are two forms of the same principle, but two forms which serve to correct each other; and ancient and modern jurisprudence did not make the least of its blunders in pretending to reconcile them. Indeed, if we see in the institution of property only a desire to secure to each individual his share of the soil and his right to labor; in the distinction between naked property and possession only an asylum for absentees, orphans, and all who do not know, or cannot maintain, their rights; in prescription only a means, either of defence against unjust pretensions and encroachments, or of settlement of the differences caused by the removal of possessors,--we shall recognize in these various forms of human justice the spontaneous efforts of the mind to come to the aid of the social instinct; we shall see in this protection of all rights the sentiment of equality, a constant levelling tendency. And, looking deeper, we shall find in the very exaggeration of these principles the confirmation of our doctrine; because, if equality of conditions and universal association are not soon realized, it will be owing to the obstacle thrown for the time in the way of the common sense of the people by the stupidity of legislators and judges; and also to the fact that, while society in its original state was illuminated with a flash of truth, the early speculations of its leaders could bring forth nothing but darkness.
After the first covenants, after the first draughts of laws and constitutions, which were the expression of man's primary needs, the legislator's duty was to reform the errors of legislation; to complete that which was defective; to harmonize, by superior definitions, those things which seemed to conflict. Instead of that, they halted at the literal meaning of the laws, content to play the subordinate part of commentators and scholiasts. Taking the inspirations of the human mind, at that time necessarily weak and faulty, for axioms of eternal and unquestionable truth,--influenced by public opinion, enslaved by the popular religion,--they have invariably started with the principle (following in this respect the example of the theologians) that that is infallibly true which has been admitted by all persons, in all places, and at all times--_quod ab omnibus, quod ubique, quod semper;_ as if a general but spontaneous opinion was any thing more than an indication of the truth. Let us not be deceived: the opinion of all nations may serve to authenticate the perception of a fact, the vague sentiment of a law; it can teach us nothing about either fact or law. The consent of mankind is an indication of Nature; not, as Cicero says, a law of Nature. Under the indication is hidden the truth, which faith can believe, but only thought can know. Such has been the constant progress of the human mind in regard to physical phenomena and the creations of genius: how can it be otherwise with the facts of conscience and the rules of human conduct?
% 4.--Labor--That Labor Has No Inherent Power to Appropriate Natural Wealth.
We shall show by the maxims of political economy and law, that is, by the authorities recognized by property,--
1. That labor has no inherent power to appropriate natural wealth.
2. That, if we admit that labor has this power, we are led directly to equality of property,--whatever the kind of labor, however scarce the product, or unequal the ability of the laborers.
3. That, in the order of justice, labor DESTROYS property.
Following the example of our opponents, and that we may leave no obstacles in the path, let us examine the question in the strongest possible light.
M. Ch. Comte says, in his "Treatise on Property:"--
"France,
Whichever way we turn, we shall come to the conclusion that prescription is a contradiction of property; or rather that prescription and property are two forms of the same principle, but two forms which serve to correct each other; and ancient and modern jurisprudence did not make the least of its blunders in pretending to reconcile them. Indeed, if we see in the institution of property only a desire to secure to each individual his share of the soil and his right to labor; in the distinction between naked property and possession only an asylum for absentees, orphans, and all who do not know, or cannot maintain, their rights; in prescription only a means, either of defence against unjust pretensions and encroachments, or of settlement of the differences caused by the removal of possessors,--we shall recognize in these various forms of human justice the spontaneous efforts of the mind to come to the aid of the social instinct; we shall see in this protection of all rights the sentiment of equality, a constant levelling tendency. And, looking deeper, we shall find in the very exaggeration of these principles the confirmation of our doctrine; because, if equality of conditions and universal association are not soon realized, it will be owing to the obstacle thrown for the time in the way of the common sense of the people by the stupidity of legislators and judges; and also to the fact that, while society in its original state was illuminated with a flash of truth, the early speculations of its leaders could bring forth nothing but darkness.
After the first covenants, after the first draughts of laws and constitutions, which were the expression of man's primary needs, the legislator's duty was to reform the errors of legislation; to complete that which was defective; to harmonize, by superior definitions, those things which seemed to conflict. Instead of that, they halted at the literal meaning of the laws, content to play the subordinate part of commentators and scholiasts. Taking the inspirations of the human mind, at that time necessarily weak and faulty, for axioms of eternal and unquestionable truth,--influenced by public opinion, enslaved by the popular religion,--they have invariably started with the principle (following in this respect the example of the theologians) that that is infallibly true which has been admitted by all persons, in all places, and at all times--_quod ab omnibus, quod ubique, quod semper;_ as if a general but spontaneous opinion was any thing more than an indication of the truth. Let us not be deceived: the opinion of all nations may serve to authenticate the perception of a fact, the vague sentiment of a law; it can teach us nothing about either fact or law. The consent of mankind is an indication of Nature; not, as Cicero says, a law of Nature. Under the indication is hidden the truth, which faith can believe, but only thought can know. Such has been the constant progress of the human mind in regard to physical phenomena and the creations of genius: how can it be otherwise with the facts of conscience and the rules of human conduct?
% 4.--Labor--That Labor Has No Inherent Power to Appropriate Natural Wealth.
We shall show by the maxims of political economy and law, that is, by the authorities recognized by property,--
1. That labor has no inherent power to appropriate natural wealth.
2. That, if we admit that labor has this power, we are led directly to equality of property,--whatever the kind of labor, however scarce the product, or unequal the ability of the laborers.
3. That, in the order of justice, labor DESTROYS property.
Following the example of our opponents, and that we may leave no obstacles in the path, let us examine the question in the strongest possible light.
M. Ch. Comte says, in his "Treatise on Property:"--
"France,