Property Is Theft!
Page 20
These preliminaries established, M. Troplong’s whole structure falls of its own weight, and the inferences, which he attempts to draw, vanish.
“Property once acquired by occupation and labour, it naturally preserves itself, not only by the same means, but also by the refusal of the holder to abdicate; for from the very fact that it has risen to the height of a right, it is its nature to perpetuate itself and to last for an indefinite period... Rights, considered from an ideal point of view, are imperishable and eternal; and time, which affects only the contingent, can no more disturb them than it can injure God himself.” It is astonishing that our author, in speaking of the ideal, time, and eternity, did not work into his sentence the divine wings of Plato—so fashionable today in philosophical works.
With the exception of falsehood, I hate nonsense more than anything else in the world. Property once acquired! Good, if it is acquired; but, as it is not acquired, it cannot be preserved. Rights are eternal! Yes, in the sight of God, like the archetypal ideas of the Platonists. But, on the earth, rights exist only in the presence of a subject, an object, and a condition. Take away one of these three things, and rights no longer exist. Thus, individual possession ceases at the death of the subject, upon the destruction of the object, or in case of exchange or abandonment.
[…]
I had resolved to submit to a systematic criticism the semi-official defence of the right of property recently put forth by M. Wolowski, your colleague at the Conservatory. With this view, I had commenced to collect the documents necessary for each of his lectures, but, soon perceiving that the ideas of the professor were incoherent, that his arguments contradicted each other, that one affirmation was sure to be overthrown by another, and that in M. Wolowski’s lucubrations the good was always mingled with the bad, and being by nature a little suspicious, it suddenly occurred to me that M. Wolowski was an advocate of equality in disguise, thrown in spite of himself into the position in which the patriarch Jacob pictures one of his sons—inter duas clitellas, between two stools, as the proverb says. In more parliamentary language, I saw clearly that M. Wolowski was placed between his profound convictions on the one hand and his official duties on the other, and that, in order to maintain his position, he had to assume a certain slant. Then I experienced great pain at seeing the reserve, the circumlocution, the figures, and the irony to which a professor of legislation, whose duty it is to teach dogmas with clearness and precision, was forced to resort; and I fell to cursing the society in which an honest man is not allowed to say frankly what he thinks. Never, sir, have you conceived of such torture: I seemed to be witnessing the martyrdom of a mind. I am going to give you an idea of these astonishing meetings, or rather of these scenes of sorrow.
Monday, November 20th, 1840. The professor declares, in brief, 1. That the right of property is not founded upon occupation, but upon the impress of man; 2. That every man has a natural and inalienable right to the use of matter.
Now, if matter can be appropriated, and if, notwithstanding, all men retain an inalienable right to the use of this matter, what is property?—and if matter can be appropriated only by labour, how long is this appropriation to continue?—questions that will confuse and confound all jurists whatsoever.
Then M. Wolowski cites his authorities. Great God! what witnesses he brings forward! First, M. Troplong, the great metaphysician, whom we have discussed; then, M. Louis Blanc, editor of the Revue du Progres, who came near being tried by jury for publishing his Organisation of Labour, and who escaped from the clutches of the public prosecutor only by a juggler’s trick;377 Corinne,—I mean Madame de Staël,—who, in an ode, making a poetical comparison of the land with the waves, of the furrow of a plough with the wake of a vessel, says “that property exists only where man has left his trace,” which makes property dependent upon the solidity of the elements; Rousseau, the apostle of liberty and equality, but who, according to M. Wolowski, attacked property only as a joke, and in order to point a paradox; Robespierre, who prohibited a division of the land, because he regarded such a measure as a rejuvenescence of property, and who, while awaiting the definitive organisation of the republic, placed all property in the care of the people, that is, transferred the right of eminent domain from the individual to society; Babeuf, who wanted property for the nation, and communism for the citizens; M. Considérant, who favours a division of landed property into shares, that is, who wishes to render property nominal and fictitious: the whole being intermingled with jokes and witticisms (intended undoubtedly to lead people away from the hornets’ nests) at the expense of the adversaries of the right of property!
November 26th. M. Wolowski supposes this objection: Land, like water, air, and light, is necessary to life, therefore it cannot be appropriated; and he replies: The importance of landed property diminishes as the power of industry increases.
Good! this importance diminishes, but it does not disappear; and this, of itself, shows landed property to be illegitimate. Here M. Wolowski pretends to think that the opponents of property refer only to property in land, while they merely take it as a term of comparison; and, in showing with wonderful clearness the absurdity of the position in which he places them, he finds a way of drawing the attention of his hearers to another subject without being false to the truth which it is his office to contradict.
“Property,” says M. Wolowski, “is that which distinguishes man from the animals.” That may be; but are we to regard this as a compliment or a satire?
“Mahomet,” says M. Wolowski, “decreed property.” And so did Genghis Khan, and Tamerlane, and all the ravagers of nations. What sort of legislators were they?
“Property has been in existence ever since the origin of the human race.” Yes, and so has slavery, and despotism also; and likewise polygamy and idolatry. But what does this antiquity show?
The members of the Council of the State—M. Portalis at their head—did not raise, in their discussion of the Code, the question of the legitimacy of property. “Their silence,” says M. Wolowski, “is a precedent in favour of this right.” I may regard this reply as personally addressed to me, since the observation belongs to me. I reply, “As long as an opinion is universally admitted, the universality of belief serves of itself as argument and proof. When this same opinion is attacked, the former faith proves nothing; we must resort to reason. Ignorance, however old and pardonable it may be, never outweighs reason.”
Property has its abuses, M. Wolowski confesses. “But,” he says, “these abuses gradually disappear. To-day their cause is known. They all arise from a false theory of property. In principle, property is inviolable, but it can and must be checked and disciplined.” Such are the conclusions of the professor.
When one thus remains in the clouds, he need not fear to equivocate. Nevertheless, I would like him to define these abuses of property, to show their cause, to explain this true theory from which no abuse is to spring; in short, to tell me how, without destroying property, it can be governed for the greatest good of all. “Our civil code,” says M. Wolowski, in speaking of this subject, “leaves much to be desired.” I think it leaves everything undone.
Finally, M. Wolowski opposes, on the one hand, the concentration of capital, and the absorption which results therefrom; and, on the other, he objects to the extreme division of the land. Now I think that I have demonstrated in my First Memoir, that large accumulation and minute division are the first two terms of an economic trinity—a thesis and an antithesis. But, while M. Wolowski says nothing of the third term, the synthesis, and thus leaves the inference in suspense, I have shown that this third term is association, which is the annihilation of property.
[…]
The ordinary resources of the law no longer sufficing, philosophy, political economy, and the framers of systems have been consulted. All the oracles appealed to have been discouraging.
The philosophers are no clearer today than at the time of the eclectic efflorescence; nevertheless, through their mystical ap
othems, we can distinguish the words progress, unity, association, solidarity, fraternity, which are certainly not reassuring to proprietors. One of these philosophers, M. Pierre Leroux, has written two large books, in which he claims to show by all religious, legislative, and philosophical systems that, since men are responsible to each other, equality of conditions is the final law of society. It is true that this philosopher admits a kind of property; but as he leaves us to imagine what property would become in presence of equality, we may boldly class him with the opponents of the right of increase [droit d’aubaine].
[…]
In his work on Humanity,378 M. Leroux commences by positing the necessity of property: “You wish to abolish property; but do you not see that thereby you would annihilate man and even the name of man?... You wish to abolish property; but could you live without a body? I will not tell you that it is necessary to support this body;... I will tell you that this body is itself a species of property.”
In order clearly to understand the doctrine of M. Leroux, it must be borne in mind that there are three necessary and primitive forms of society—communism, property, and that which today we properly call association. M. Leroux rejects in the first place communism, and combats it with all his might. Man is a personal and free being, and therefore needs a sphere of independence and individual activity. M. Leroux emphasises this in adding: “You wish neither family, nor country, nor property; therefore no more fathers, no more sons, no more brothers. Here you are, related to no being in time, and therefore without a name; here you are, alone in the midst of a billion of men who today inhabit the earth. How do you expect me to distinguish you in space in the midst of this multitude?”
If man is indistinguishable, he is nothing. Now, he can be distinguished, individualised, only through a devotion of certain things to his use—such as his body, his faculties, and the tools which he uses. “Hence,” says M. Leroux, “the necessity of appropriation”; in short, property.
But property on what condition? Here M. Leroux, after having condemned communism, denounces in its turn the right of domain. His whole doctrine can be summed up in this single proposition—Man may be made by property a slave or a despot by turns.
That posited, if we ask M. Leroux to tell us under what system of property man will be neither a slave nor a despot, but free, just, and a citizen, M. Leroux replies in the third volume of his work on Humanity:
“There are three ways of destroying man’s communion with his fellows and with the universe:... 1. By separating man in time; 2. by separating him in space; 3. by dividing the land, or, in general terms, the instruments of production; by attaching men to things, by subordinating man to property, by making man a proprietor.”
This language, it must be confessed, savours a little too strongly of the metaphysical heights which the author frequents, and of the school of M. Cousin. Nevertheless, it can be seen, clearly enough it seems to me, that M. Leroux opposes the exclusive appropriation of the instruments of production; only he calls this non-appropriation of the instruments of production a new method of establishing property, while I, in accordance with all precedent, call it a destruction of property. In fact, without the appropriation of instruments, property is nothing.
“Hitherto, we have confined ourselves to pointing out and combating the despotic features of property, by considering property alone. We have failed to see that the despotism of property is a correlative of the division of the human race;... that property, instead of being organised in such a way as to facilitate the unlimited communion of man with his fellows and with the universe, has been, on the contrary, turned against this communion.”
Let us translate this into commercial phraseology. In order to destroy despotism and the inequality of conditions, men must cease from competition and must associate their interests. Let master and worker, now enemies and rivals, become associates.
Now, ask any manufacturer, merchant, or capitalist, whether he would consider himself a proprietor if he were to share his revenue and profits with this mass of wage-workers whom it is proposed to make his associates.
[…]
“All the evils which afflict the human race arise from caste. The family is a blessing; the family caste (the nobility) is an evil. Country is a blessing; the country caste (supreme, domineering, conquering) is an evil; property (individual possession) is a blessing; the property caste (the domain of property of Pothier, Toullier, Troplong, etc.) is an evil.”
Thus, according to M. Leroux, there is property and property,—the one good, the other bad. Now, as it is proper to call different things by different names, if we keep the name “property” for the former, we must call the latter theft, rapine, brigandage. If, on the contrary, we reserve the name “property” for the latter, we must designate the former by the term possession, or some other equivalent; otherwise we should be troubled with an unpleasant synonymy.
What a blessing it would be if philosophers, daring for once to say all that they think, would speak the language of ordinary mortals! Nations and rulers would derive much greater profit from their lectures, and, applying the same names to the same ideas, would come, perhaps, to understand each other. I boldly declare that, in regard to property, I hold no other opinion than that of M. Leroux; but, if I should adopt the style of the philosopher, and repeat after him, “Property is a blessing, but the property caste—the statu quo of property—is an evil,” I should be extolled as a genius by all the bachelors who write for the reviews.379 If, on the contrary, I prefer the classic language of Rome and the civil code, and say accordingly, “Possession is a blessing, but property is theft,” immediately the aforesaid bachelors raise a hue and cry against the monster, and the judge threatens me. Oh, the power of language!
[…]
The economists, questioned in their turn, propose to associate capital and labour. You know, sir, what that means. If we follow out the doctrine, we soon find that it ends in an absorption of property, not by the community [communauté], but by a general and indissoluble commandite, so that the condition of the proprietor would differ from that of the worker only in receiving larger wages. This system, with some peculiar additions and embellishments, is the idea of the phalanstery. But it is clear that, if inequality of conditions is one of the attributes of property, it is not the whole of property. That which makes property a delightful thing, as some philosopher (I know not who) has said, is the power to dispose at will, not only of one’s own goods, but of their specific nature; to use them at pleasure; to confine and enclose them; to excommunicate mankind, as M. Pierre Leroux says; in short, to make such use of them as passion, interest, or even caprice, may suggest. What is the possession of money, a share in an agricultural or industrial enterprise, or a government-bond coupon, in comparison with the infinite charm of being master of one’s house and grounds, under one’s vine and fig-tree? “Beati possidentes!” says an author quoted by M. Troplong. Seriously, can that be applied to a man of income, who has no other possession under the sun than the market, and in his pocket his money? As well maintain that a trough is a coward. A nice method of reform! They never cease to condemn the thirst for gold, and the growing individualism of the century; and yet, most inconceivable of contradictions, they prepare to turn all kinds of property into one—property in coin.
I must say something further of a theory of property lately put forth with some ado: I mean the theory of M. Considérant.
The Fourierists are not men who examine a doctrine in order to ascertain whether it conflicts with their system. On the contrary, it is their custom to exult and sing songs of triumph whenever an adversary passes without perceiving or noticing them.
These gentlemen want direct refutations, in order that, if they are beaten, they may have, at least, the selfish consolation of having been spoken of. Well, let their wish be gratified.
M. Considérant makes the most lofty pretensions to logic. His method of procedure is always that of major, minor, and conclusion. He would willingly w
rite upon his hat, “Argumentator in barbara.” But M. Considérant is too intelligent and quick-witted to be a good logician, as is proved by the fact that he appears to have taken the syllogism for logic.
The syllogism, as everybody knows who is interested in philosophical curiosities, is the first and perpetual sophism of the human mind,—the favourite tool of falsehood, the stumbling-block of science, the advocate of crime. The syllogism has produced all the evils which the fabulist so eloquently condemned, and has done nothing good or useful: it is as devoid of truth as of justice. We might apply to it these words of Scripture: “Celui qui met en lui sa confiance, perira.” Consequently, the best philosophers long since condemned it; so that now none but the enemies of reason wish to make the syllogism its weapon.
M. Considérant, then, has built his theory of property upon a syllogism. Would he be disposed to stake the system of Fourier upon his arguments, as I am ready to risk the whole doctrine of equality upon my refutation of that system? Such a duel would be quite in keeping with the warlike and chivalric tastes of M. Considérant, and the public would profit by it; for, one of the two adversaries falling, no more would be said about him, and there would be one grumbler less in the world.
The theory of M. Considérant has this remarkable feature, that, in attempting to satisfy at the same time the claims of both workers and proprietors, it infringes alike upon the rights of the former and the privileges of the latter. In the first place, the author lays it down as a principle: “1. That the use of the land belongs to each member of the race; that it is a natural and imprescriptible right, similar in all respects to the right to the air and the sunshine. 2. That the right to labour is equally fundamental, natural, and imprescriptible.” I have shown that the recognition of this double right would be the death of property. I denounce M. Considérant to the proprietors!
But M. Considérant maintains that the right to labour creates the right of property, and this is the way he reasons: