O God of liberty! God of equality! Thou who didst place in my heart the sentiment of justice, before my reason could comprehend it, hear my ardent prayer! Thou hast dictated all that I have written; Thou hast shaped my thought; Thou hast directed my studies; Thou hast weaned my mind from curiosity and my heart from attachment, that I might publish Thy truth to the master and the slave. I have spoken with what force and talent Thou hast given me: it is Thine to finish the work. Thou knowest whether I seek my welfare or Thy glory, O God of liberty! Ah! perish my memory, and let humanity be free! Let me see from my obscurity the people at last instructed; let noble teachers enlighten them; let generous spirits guide them! Abridge, if possible, the time of our trial; stifle pride and avarice in equality; annihilate this love of glory which enslaves us; teach these poor children that in the bosom of liberty there are neither heroes nor great men! Inspire the powerful man, the rich man, him whose name my lips shall never pronounce in Thy presence, with a horror of his crimes; let him be the first to apply for admission to the redeemed society; let the promptness of his repentance be the ground of his forgiveness! Then, great and small, wise and foolish, rich and poor, will unite in an ineffable fraternity; and, singing in unison a new hymn, will rebuild Thy altar, O God of liberty and equality!
LETTER TO M. BLANQUI ON PROPERTY
WHAT IS PROPERTY? SECOND MEMOIR
Paris, April 1st, 1841
Translation by Benjamin R. Tucker
Monsieur,
[…]
IN ORDER TO LIVE AS A PROPRIETOR, OR TO CONSUME WITHOUT PRODUCING, IT is necessary, then, to live upon the labour of another; in other words, it is necessary to kill the worker. It is upon this principle that proprietors of those varieties of capital which are of primary necessity increase their farm-rents as fast as industry develops, much more careful of their privileges in that respect, than those economists who, in order to strengthen property, advocate a reduction of interest. But the crime is unavailing: labour and production increase; soon the proprietor will be forced to labour, and then property is lost.
The proprietor is a man who, having absolute control of an instrument of production, claims the right to enjoy the product of the instrument without using it himself. To this end he lends it; and we have just seen that from this loan the worker derives a power of exchange, which sooner or later will destroy the right of increase [droit d’aubaine]. In the first place, the proprietor is obliged to allow the worker a portion of the product, for without it the worker could not live. Soon the latter, through the development of his industry, finds a means of regaining the greater portion of that which he gives to the proprietor; so that at last, the objects of enjoyment increasing continually, while the income of the idler remains the same, the proprietor, having exhausted his resources, begins to think of going to work himself. Then the victory of the producer is certain. Labour commences to tip the balance towards its own side, and commerce leads to equilibrium.
Man’s instinct cannot err; as, in liberty, exchange of functions leads inevitably to equality among men, so commerce—or exchange of products, which is identical with exchange of functions—is a new cause of equality. As long as the proprietor does not labour, however small his income, he enjoys a privilege; the worker’s welfare may be equal to his, but equality of conditions does not exist. But as soon as the proprietor becomes a producer—since he can exchange his special product only with his tenant or his commandité372—sooner or later this tenant, this exploited man, if violence is not done him, will make a profit out of the proprietor, and will oblige him to restore—in the exchange of their respective products—the interest on his capital. So that, balancing one injustice by another, the contracting parties will be equal. Labour and exchange, when liberty prevails, lead, then, to equality of fortunes; mutuality of services neutralises privilege. That is why despots in all ages and countries have assumed control of commerce; they wished to prevent the labour of their subjects from becoming an obstacle to the rapacity of tyrants.
Up to this point, all takes place in the natural order; there is no premeditation, no artifice. The whole proceeding is governed by the laws of necessity alone. Proprietors and workers act only in obedience to their wants. Thus, the exercise of the right of increase [droit d’aubaine], the art of robbing the producer, depends—during this first period of civilisation—upon physical violence, murder, and war.
[…]
[…] In ’89 and ’93, the possessions of the nobility and the clergy were confiscated, the clever proletarians were enriched; and today the latter, having become aristocrats, are making us pay dearly for our fathers’ robbery. What, therefore, is to be done now? It is not for us to violate right, but to restore it. Now, it would be a violation of justice to dispossess some and endow others, and then stop there. We must gradually lower the rate of interest, organise industry, associate workers and their functions, and take a census of the large fortunes, not for the purpose of granting privileges, but that we may effect their redemption by settling a life-annuity upon their proprietors. We must apply on a large scale the principle of collective production, give the State eminent domain over all capital! make each producer responsible, abolish the custom-house, and transform every profession and trade into a public function. Thereby large fortunes will vanish without confiscation or violence; individual possession will establish itself, without communism, under the inspection of the republic; and equality of conditions will no longer depend simply on the will of citizens.
[…]
How many small proprietors and manufacturers have not been ruined by large ones through chicanery, law-suits, and competition? Strategy, violence, and usury,—such are the proprietor’s methods of plundering the worker.
Thus we see property, at all ages and in all its forms, oscillating by virtue of its principle between two opposite terms—extreme division and extreme accumulation.
Property, at its first term, is almost null. Reduced to personal exploitation, it is property only potentially. At its second term, it exists in its perfection; then it is truly property.
When property is widely distributed, society thrives, progresses, grows, and rises quickly to the zenith of its power. Thus, the Jews, after leaving Babylon with Esdras and Nehemiah, soon became richer and more powerful than they had been under their kings. Sparta was in a strong and prosperous condition during the two or three centuries which followed the death of Lycurgus. The best days of Athens were those of the Persian war; Rome, whose inhabitants were divided from the beginning into two classes, the exploiters and the exploited, knew no such thing as peace.
When property is concentrated, society, abusing itself, polluted, so to speak, grows corrupt, wears itself out—how shall I express this horrible idea?—plunges into long-continued and fatal luxury.
[…]
The most exact idea of property is given us by the Roman law, faithfully followed in this particular by the ancient legists. It is the absolute, exclusive, autocratic domain of a man over a thing, a domain which begins by usucaption , is maintained by possession, and finally, by the aid of prescription, finds its sanction in the civil law; a domain which so identifies the man with the thing, that the proprietor can say, “He who uses my field, virtually compels me to labour for him; therefore he owes me compensation.”
I pass in silence the secondary modes by which property can be acquired—tradition, sale, exchange, inheritance, etc.—which have nothing in common with the origin of property.
Accordingly, Pothier said the domain of property, and not simply property. And the most learned writers on jurisprudence—in imitation of the Roman praetor who recognised a right of property and a right of possession—have carefully distinguished between the domain and the right of usufruct, use, and habitation, which, reduced to its natural limits, is the very expression of justice; and which is, in my opinion, to supplant domanial property, and finally form the basis of all jurisprudence.
But, sir, admire the clumsiness of systems, or rather
the fatality of logic! While the Roman law and all the savants inspired by it teach that property in its origin is the right of first occupancy sanctioned by law, the modern legists, dissatisfied with this brutal definition, claim that property is based upon labour. Immediately they infer that he who no longer labours, but makes another labour in his stead, loses his right to the earnings of the latter. It is by virtue of this principle that the serfs of the middle ages claimed a legal right to property, and consequently to the enjoyment of political rights; that the clergy were despoiled in ’89 of their immense estates, and were granted a pension in exchange; that at the restoration the liberal deputies opposed the indemnity of one billion francs. “The nation,” said they, “has acquired by twenty-five years of labour and possession the property which the emigrants forfeited by abandonment and long idleness: why should the nobles be treated with more favour than the priests?”373
All usurpations, not born of war, have been caused and supported by labour. All modern history proves this, from the end of the Roman empire down to the present day. And as if to give a sort of legal sanction to these usurpations, the doctrine of labour, subversive of property, is professed at great length in the Roman law under the name of prescription.
The man who cultivates, it has been said, makes the land his own; consequently, no more property. This was clearly seen by the old jurists, who have not failed to denounce this novelty; while on the other hand the young school hoots at the absurdity of the first-occupant theory. Others have presented themselves, pretending to reconcile the two opinions by uniting them. They have failed, like all the juste-milieux of the world, and are laughed at for their eclecticism. At present, the alarm is in the camp of the old doctrine; from all sides pour in defences of property, studies regarding property, theories of property, each one of which, giving the lie to the rest, inflicts a fresh wound upon property.
Consider, indeed, the inextricable embarrassments, the contradictions, the absurdities, the incredible nonsense, in which the bold defenders of property so lightly involve themselves. I choose the eclectics, because, those killed, the others cannot survive.
M. Troplong, jurist, passes for a philosopher in the eyes of the editors of Le Droit. I tell the gentlemen of Le Droit that, in the judgement of philosophers, M. Troplong is only a lawyer; and I prove my assertion.
M. Troplong is a defender of progress. “The words of the code,” says he, “are fruitful sap with which the classic works of the eighteenth century overflow. To wish to suppress them... is to violate the law of progress, and to forget that a science which moves is a science which grows.”374
Now, the only mutable and progressive portion of law, as we have already seen, is that which concerns property. If, then, you ask what reforms are to be introduced into the right of property? M. Troplong makes no reply; what progress is to be hoped for? no reply; what is to be the destiny of property in case of universal association? no reply; what is the absolute and what the contingent, what the true and what the false, in property? no reply. M. Troplong favours quiescence and in statu quo in regard to property. What could be more unphilosophical in a progressive philosopher?
Nevertheless, M. Troplong has thought about these things. “There are,” he says, “many weak points and antiquated ideas in the doctrines of modern authors concerning property: witness the works of MM. Toullier and Duranton.” The doctrine of M. Troplong promises, then, strong points, advanced and progressive ideas. Let us see; let us examine:
“Man, placed in the presence of matter, is conscious of a power over it, which has been given to him to satisfy the needs of his being. King of inanimate or unintelligent nature, he feels that he has a right to modify it, govern it, and fit it for his use. There it is, the subject of property, which is legitimate only when exercised over things, never when over persons.”
M. Troplong is so little of a philosopher, that he does not even know the import of the philosophical terms which he makes a show of using. He says of matter that it is the subject of property; he should have said the object. M. Troplong uses the language of the anatomists, who apply the term subject to the human matter used in their experiments.
This error of our author is repeated farther on: “Liberty, which overcomes matter, the subject of property, etc.” The subject of property is man; its object is matter. But even this is but a slight mortification; directly we shall have some crucifixions.
Thus, according to the passage just quoted, it is in the conscience and personality of man that the principle of property must be sought. Is there anything new in this doctrine? Apparently it never has occurred to those who, since the days of Cicero and Aristotle, and earlier, have maintained that things belong to the first occupant, that occupation may be exercised by beings devoid of conscience and personality. The human personality, though it may be the principle or the subject of property, as matter is the object, is not the condition. Now, it is this condition which we most need to know. So far, M. Troplong tells us no more than his masters, and the figures with which he adorns his style add nothing to the old idea.
Property, then, implies three terms: The subject, the object, and the condition. There is no difficulty in regard to the first two terms. As to the third, the condition of property down to this day, for the Greek as for the Barbarian, has been that of first occupancy. What now would you have it, progressive doctor?
“When man lays hands for the first time upon an object without a master, he performs an act which, among individuals, is of the greatest importance. The thing thus seized and occupied participates, so to speak, in the personality of him who holds it. It becomes sacred, like himself. It is impossible to take it without doing violence to his liberty, or to remove it without rashly invading his person. Diogenes did but express this truth of intuition, when he said: ‘Stand out of my light!’”
Very good! but would the prince of cynics, the very personal and very haughty Diogenes, have had the right to charge another cynic, as rent for this same place in the sunshine, a bone for twenty-four hours of possession? It is that which constitutes the proprietor; it is that which you fail to justify. In reasoning from the human personality and individuality to the right of property, you unconsciously construct a syllogism in which the conclusion includes more than the premises, contrary to the rules laid down by Aristotle. The individuality of the human person proves individual possession, originally called proprietas, in opposition to collective possession, communio.
It gives birth to the distinction between thine and mine, true signs of equality, not, by any means, of subordination. “From equivocation to equivocation,” says M. Michelet,375 “property would crawl to the end of the world; man could not limit it, were not he himself its limit. Where they clash, there will be its frontier.” In short, individuality of being destroys the hypothesis of communism, but it does not for that reason give birth to domain, that domain by virtue of which the holder of a thing exercises over the person who takes his place a right of prestation and suzerainty, that has always been identified with property itself.
Further, that he whose legitimately acquired possession injures nobody cannot be nonsuited without flagrant injustice, is a truth, not of intuition, as M. Troplong says, but of inward sensation,376 which has nothing to do with property.
M. Troplong admits, then, occupancy as a condition of property. In that, he is in accord with the Roman law, in accord with MM. Toullier and Duranton; but in his opinion this condition is not the only one, and it is in this particular that his doctrine goes beyond theirs.
“But, however exclusive the right arising from sole occupancy, does it not become still more so, when man has moulded matter by his labour; when he has deposited in it a portion of himself, re-creating it by his industry, and setting upon it the seal of his intelligence and activity? Of all conquests, that is the most legitimate, for it is the price of labour.
“He who should deprive a man of the thing thus remodelled, thus humanised, would invade the man himself, and would infli
ct the deepest wounds upon his liberty.”
I pass over the very beautiful explanations in which M. Troplong, discussing labour and industry, displays the whole wealth of his eloquence. M. Troplong is not only a philosopher, he is an orator, an artist. He abounds with appeals to the conscience and the passions. I might make sad work of his rhetoric, should I undertake to dissect it; but I confine myself for the present to his philosophy.
If M. Troplong had only known how to think and reflect, before abandoning the original fact of occupancy and plunging into the theory of labour, he would have asked himself: “What is it to occupy?” And he would have discovered that occupancy is only a generic term by which all modes of possession are expressed, seizure, station, immanence, habitation, cultivation, use, consumption, etc.; that labour, consequently, is but one of a thousand forms of occupancy. He would have understood, finally, that the right of possession which is born of labour is governed by the same general laws as that which results from the simple seizure of things. What kind of a legist is he who declaims when he ought to reason, who continually mistakes his metaphors for legal axioms, and who does not so much as know how to obtain a universal by induction, and form a category?
If labour is identical with occupancy, the only benefit which it secures to the worker is the right of individual possession of the object of his labour; if it differs from occupancy, it gives birth to a right equal only to itself, that is, a right which begins, continues, and ends, with the labour of the occupant. It is for this reason, in the words of the law, that one cannot acquire a just title to a thing by labour alone. He must also hold it for a year and a day, in order to be regarded as its possessor; and possess it twenty or thirty years, in order to become its proprietor.
Property Is Theft! Page 19
