What means, then, this dithyramb upon property?
“The right of property is the most important of human institutions.”...
Yes; as monarchy is the most glorious.
“The original cause of man’s prosperity upon earth.”
Because justice was supposed to be its principle.
“Property became the legitimate end of his ambition, the hope of his existence, the shelter of his family; in a word, the corner-stone of the domestic dwelling, of communities, and of the political State.”
Possession alone produced all that.
“Eternal principle—”
Property is eternal, like every negation,—
“Of all social and civil institutions.”
For that reason, every institution and every law based on property will perish.
“It is a boon as precious as liberty.”
For the rich proprietor.
“In fact, the cause of the cultivation of the habitable earth.”
If the cultivator ceased to be a tenant, would the land be worse cared for?
“The guarantee and the morality of labour.”
Under the regime of property, labour is not a condition, but a privilege.
“The application of justice.”
What is justice without equality of fortunes? A balance with false weights.
“All morality,—”
A famished stomach knows no morality,—
“All public order,—”
Certainly, the preservation of property,—
“Rest on the right of property.”365
Corner-stone of all which is, stumbling-block of all which ought to be,—such is property.
To sum up and conclude:
Not only does occupation lead to equality, it prevents property. For, since every man, from the fact of his existence, has the right of occupation, and, in order to live, must have material for cultivation on which he may labour; and since, on the other hand, the number of occupants varies continually with the births and deaths,—it follows that the quantity of material which each worker may claim varies with the number of occupants; consequently, that occupation is always subordinate to population. Finally, that, inasmuch as possession, in right, can never remain fixed, it is impossible, in fact, that it can ever become property.
Every occupant is, then, necessarily a possessor or usufructuary,—a function which excludes proprietorship. Now, this is the right of the usufructuary: he is responsible for the thing entrusted to him; he must use it in conformity with general utility, with a view to its preservation and development; he has no power to transform it, to diminish it, or to change its nature; he cannot so divide the usufruct that another shall perform the labour while he receives the product. In a word, the usufructuary is under the supervision of society, submitted to the condition of labour and the law of equality.
Thus is annihilated the Roman definition of property—the right of use and abuse—an immorality born of violence, the most monstrous pretension that the civil laws ever sanctioned. Man receives his usufruct from the hands of society, which alone is the permanent possessor. The individual passes away, society is deathless.
What a profound disgust fills my soul while discussing such simple truths! Do we doubt these things today? Will it be necessary to again take arms for their triumph? And can force, in default of reason, alone introduce them into our laws?
All have an equal right of occupancy.
The amount occupied being measured, not by the will, but by the variable conditions of space and number, property cannot exist.
This no code has ever expressed; this no constitution can admit! These are axioms which the civil law and the law of nations deny!...
But I hear the exclamations of the partisans of another system: “Labour, labour! that is the basis of property!”
Reader, do not be deceived. This new basis of property is worse than the first, and I shall soon have to ask your pardon for having demonstrated things clearer, and refuted pretensions more unjust, than any which we have yet considered.
CHAPTER III
LABOUR AS THE EFFICIENT CAUSE OF THE DOMAIN OF PROPERTY
NEARLY ALL THE modern writers on jurisprudence, taking their cue from the economists, have abandoned the theory of first occupancy as a too dangerous one, and have adopted that which regards property as born of labour. In this they are deluded; they reason in a circle. To labour it is necessary to occupy, says M. Cousin.
[…]
I have asserted that the system which bases property upon labour implies, no less than that which bases it upon occupation, the equality of fortunes; and the reader must be impatient to learn how I propose to deduce this law of equality from the inequality of skill and faculties: directly his curiosity shall be satisfied. But it is proper that I should call his attention for a moment to this remarkable feature of the process; to wit, the substitution of labour for occupation as the principle of property; and that I should pass rapidly in review some of the prejudices to which proprietors are accustomed to appeal, which legislation has sanctioned, and which the system of labour completely overthrows.
Reader, were you ever present at the examination of a criminal? Have you watched his tricks, his turns, his evasions, his distinctions, his equivocations? Beaten, all his assertions overthrown, pursued like a fallow deer by the inexorable judge, tracked from hypothesis to hypothesis,—he makes a statement, he corrects it, retracts it, contradicts it, he exhausts all the tricks of dialectics, more subtle, more ingenious a thousand times than he who invented the seventy-two forms of the syllogism. So acts the proprietor when called upon to defend his right. At first he refuses to reply, he exclaims, he threatens, he defies; then, forced to accept the discussion, he arms himself with chicanery, he surrounds himself with formidable artillery,—crossing his fire, opposing one by one and all together occupation, possession, limitation, covenants, immemorial custom, and universal consent. Conquered on this ground, the proprietor, like a wounded boar, turns on his pursuers. “I have done more than occupy,” he cries with terrible emotion; “I have laboured, produced, improved, transformed, created. This house, these fields, these trees are the work of my hands; I changed these brambles into a vineyard, and this bush into a fig-tree; and today I reap the harvest of my labours. I have enriched the soil with my sweat; I have paid those men who, had they not had the work which I gave them, would have died of hunger. No one shared with me the trouble and expense; no one shall share with me the benefits.”
You have laboured, proprietor! why then do you speak of original occupancy? What, were you not sure of your right, or did you hope to deceive men, and make justice an illusion? Make haste, then, to acquaint us with your mode of defence, for the judgement will be final; and you know it to be a question of restitution.
You have laboured! but what is there in common between the labour which duty compels you to perform, and the appropriation of things in which there is a common interest? Do you not know that domain over the soil, like that over air and light, cannot be lost by prescription?
You have laboured! have you never made others labour? Why, then, have they lost in labouring for you what you have gained in not labouring for them?
You have laboured! very well; but let us see the results of your labour. We will count, weigh, and measure them. It will be the judgement of Balthasar; for I swear by balance, level, and square, that if you have appropriated another’s labour in any way whatsoever, you shall restore it every stroke.
Thus, the principle of occupation is abandoned; no longer is it said, “The land belongs to him who first gets possession of it.” Property, forced into its first entrenchment, repudiates its old adage; justice, ashamed, retracts her maxims, and sorrow lowers her bandage over her blushing cheeks. And it was but yesterday that this progress in social philosophy began: fifty centuries required for the extirpation of a lie! During this lamentable period, how many usurpations have been sanctioned, how many invasions glorified, how
many conquests celebrated! The absent dispossessed, the poor banished, the hungry excluded by wealth, which is so ready and bold in action! Jealousies and wars, incendiarism and bloodshed, among the nations! But henceforth, thanks to the age and its spirit, it is to be admitted that the earth is not a prize to be won in a race; in the absence of any other obstacle, there is a place for everybody under the sun. Each one may harness his goat to the barn, drive his cattle to pasture, sow a corner of a field, and bake his bread by his own fireside.
But, no; each one cannot do these things. I hear it proclaimed on all sides, “Glory to labour and industry! to each according to his capacity; to each capacity according to its results!” And I see three-fourths of the human race again despoiled, the labour of a few being a scourge to the labour of the rest.
“The problem is solved,” exclaims M. Hennequin. “Property, the daughter of labour, can be enjoyed at present and in the future only under the protection of the laws. It has its origin in natural law; it derives its power from civil law; and from the union of these two ideas, labour and protection, positive legislation results.”...
Ah! The problem is solved! Property is the daughter of labour! What, then, is the right of accession, and the right of succession, and the right of donation, etc., if not the right to become a proprietor by simple occupancy? What are your laws concerning the age of majority, emancipation, guardianship, and interdiction, if not the various conditions by which he who is already a worker gains or loses the right of occupancy; that is, property?
Being unable, at this time, to enter upon a detailed discussion of the Code, I shall content myself with examining the three arguments oftenest resorted to in support of property. 1. Appropriation, or the formation of property by possession; 2. The consent of mankind; 3. Prescription. I shall then inquire into the effects of labour upon the relative condition of the workers and upon property.
§1 THE LAND CANNOT BE APPROPRIATED
“It would seem that lands capable of cultivation ought to be regarded as natural wealth, since they are not of human creation, but Nature’s gratuitous gift to man; but inasmuch as this wealth is not fugitive, like the air and water,—inasmuch as a field is a fixed and limited space which certain men have been able to appropriate, to the exclusion of all others who in their turn have consented to this appropriation,—the land, which was a natural and gratuitous gift, has become social wealth, for the use of which we ought to pay.”—Say: Political Economy.
Was I wrong in saying, at the beginning of this chapter, that the economists are the very worst authorities in matters of legislation and philosophy? It is the father of this class of men who clearly states the question, How can the supplies of Nature, the wealth created by Providence, become private property? and who replies by so gross an equivocation that we scarcely know which the author lacks, sense or honesty. What, I ask, has the fixed and solid nature of the earth to do with the right of appropriation? I can understand that a thing limited and stationary, like the land, offers greater chances for appropriation than the water or the sunshine; that it is easier to exercise the right of domain over the soil than over the atmosphere: but we are not dealing with the difficulty of the thing, and Say confounds the right with the possibility. We do not ask why the earth has been appropriated to a greater extent than the sea and the air; we want to know by what right man has appropriated wealth which he did not create, and which nature gave to him gratuitously.
Say, then, did not solve the question which he asked. But if he had solved it, if the explanation which he has given us were as satisfactory as it is illogical, we should know no better than before who has a right to exact payment for the use of the soil, of this wealth which is not man’s handiwork. Who is entitled to the rent of the land? The producer of the land, without doubt. Who made the land? God. Then, proprietor, retire!
But the creator of the land does not sell it: he gives it; and, in giving it, he is no respecter of persons. Why, then, are some of his children regarded as legitimate, while others are treated as bastards? If the equality of shares was an original right, why is the inequality of conditions a posthumous right?
Say gives us to understand that if the air and the water were not of a FUGITIVE nature, they would have been appropriated. Let me observe in passing that this is more than an hypothesis; it is a reality. Men have appropriated the air and the water, I will not say as often as they could, but as often as they have been allowed to.
The Portuguese, having discovered the route to India by the Cape of Good Hope, pretended to have the sole right to that route; and Grotius, consulted in regard to this matter by the Dutch who refused to recognise this right, wrote expressly for this occasion his treatise on the “Freedom of the Seas,” to prove that the sea is not liable to appropriation.
The right to hunt and fish used always to be confined to lords and proprietors; today it is leased by the government and communes to whoever can pay the license-fee and the rent. To regulate hunting and fishing is an excellent idea, but to make it a subject of sale is to create a monopoly of air and water.
What is a passport? A universal recommendation of the traveller’s person; a certificate of security for himself and his property. The treasury, whose nature it is to spoil the best things, has made the passport a means of espionage and a tax. Is not this a sale of the right to travel?
Finally, it is permissible neither to draw water from a spring situated in another’s grounds without the permission of the proprietor, because by the right of accession the spring belongs to the possessor of the soil, if there is no other claim; nor to pass a day on his premises without paying a tax; nor to look at a court, a garden, or an orchard, without the consent of the proprietor; nor to stroll in a park or an enclosure against the owner’s will: every one is allowed to shut himself up and to fence himself in. All these prohibitions are so many positive interdictions, not only of the land, but of the air and water. We who belong to the proletarian class: property excommunicates us! Terra, et aqua, et aere, et igne interdicti sumus.
Men could not appropriate the most fixed of all the elements without appropriating the three others; since, by French and Roman law, property in the surface carries with it property from zenith to nadir—Cujus est solum, ejus est usque ad caelum. Now, if the use of water, air, and fire excludes property, so does the use of the soil. This chain of reasoning seems to have been presented by M. Ch. Comte, in his Treatise on Property, chap. 5.
“If a man should be deprived of air for a few moments only, he would cease to exist, and a partial deprivation would cause him severe suffering; a partial or complete deprivation of food would produce like effects upon him though less suddenly; it would be the same, at least in certain climates! were he deprived of all clothing and shelter... To sustain life, then, man needs continually to appropriate many different things. But these things do not exist in like proportions. Some, such as the light of the stars, the atmosphere of the earth, the water composing the seas and oceans, exist in such large quantities that men cannot perceive any sensible increase or diminution; each one can appropriate as much as his needs require without detracting from the enjoyment of others, without causing them the least harm. Things of this sort are, so to speak, the common property of the human race; the only duty imposed upon each individual in this regard is that of infringing not at all upon the rights of others.”
Let us complete the argument of M. Ch. Comte. A man who should be prohibited from walking in the highways, from resting in the fields, from taking shelter in caves, from lighting fires, from picking berries, from gathering herbs and boiling them in a bit of baked clay,—such a man could not live. Consequently the earth—like water, air, and light—is a primary object of necessity which each has a right to use freely, without infringing another’s right. Why, then, is the earth appropriated? M. Ch. Comte’s reply is a curious one. Say pretends that it is because it is not fugitive; M. Ch. Comte assures us that it is because it is not infinite. The land is limited in amount. Then, accor
ding to M. Ch. Comte, it ought to be appropriated. It would seem, on the contrary, that he ought to say, Then it ought not to be appropriated. For, no matter how large a quantity of air or light anyone appropriates, no one is damaged thereby; there always remains enough for all. With the soil, it is very different. Lay hold who will, or who can, of the sun’s rays, the passing breeze, or the sea’s billows; he has my consent, and my pardon for his bad intentions. But let any living man dare to change his right of territorial possession into the right of property, and I will declare war upon him, and wage it to the death!
M.Ch. Comte’s argument disproves his position. “Among the things necessary to the preservation of life,” he says, “there are some which exist in such large quantities that they are inexhaustible; others which exist in lesser quantities, and can satisfy the wants of only a certain number of persons. The former are called common, the latter private.”
This reasoning is not strictly logical. Water, air, and light are common things, not because they are inexhaustible, but because they are indispensable; and so indispensable that for that very reason Nature has created them in quantities almost infinite, in order that their plentifulness might prevent their appropriation. Likewise the land is indispensable to our existence,—consequently a common thing, consequently unsusceptible of appropriation; but land is much scarcer than the other elements, therefore its use must be regulated, not for the profit of a few, but in the interest and for the security of all.
In a word, equality of rights is proved by equality of needs. Now, equality of rights, in the case of a commodity which is limited in amount, can be realised only by equality of possession. An agrarian law underlies M. Ch. Comte’s arguments.
Property Is Theft! Page 13