Finally, monopoly, by a sort of instinct of self-preservation, has perverted even the idea of association, as something that might infringe upon it, or, to speak more accurately, has not permitted its birth.
Who could hope today to define what association among men should be? The law distinguishes two species and four varieties of civil societies, and as many commercial societies, from the simple partnership to the joint-stock company. I have read the most respectable commentaries that have been written upon all these forms of association, and I declare that I have found in them but one application of the routine practices of monopoly between two or more partners who unite their capital and their efforts against everything that produces and consumes, that invents and exchanges, that lives and dies. The sine qua non of all these societies is capital, whose presence alone constitutes them and gives them a basis; their object is monopoly,—that is, the exclusion of all other laborers and capitalists, and consequently the negation of social universality so far as persons are concerned.
Thus, according to the definition of the statute, a commercial society which should lay down as a principle the right of any stranger to become a member upon his simple request, and to straightway enjoy the rights and prerogatives of associates and even managers, would no longer be a society; the courts would officially pronounce its dissolution, its nonexistence. So, again, articles of association in which the contracting parties should stipulate no contribution of capital, but, while reserving to each the express right to compete with all, should confine themselves to a reciprocal guarantee of labor and wages, saying nothing of the branch of exploitation, or of capital, or of interest, or of profit and loss,—such articles would seem contradictory in their tenor, as destitute of purpose as of reason, and would be annulled by the judge on the complaint of the first rebellious associate. Covenants thus drawn up could give rise to no judicial action; people calling themselves the associates of everybody would be considered associates of nobody; treatises contemplating guarantee and competition between associates at the same time, without any mention of social capital and without any designation of purpose, would pass for a work of transcendental charlatanism, whose author could readily be sent to a madhouse, provided the magistrates would consent to regard him as only a lunatic.
And yet it is proved, by the most authentic testimony which history and social economy furnish, that humanity has been thrown naked and without capital upon the earth which it cultivates; consequently that it has created and is daily creating all the wealth that exists; that monopoly is only a relative view serving to designate the grade of the laborer, with certain conditions of enjoyment; and that all progress consists, while indefinitely multiplying products, in determining their proportionality,—that is, in organizing labor and comfort by division, machinery, the workshop, education, and competition. On the other hand, it is evident that all the tendencies of humanity, both in its politics and in its civil laws, are towards universalization,—that is, towards a complete transformation of the idea of society as determined by our statutes.
Whence I conclude that articles of association which should regulate, no longer the contribution of the associates,—since each associate, according to the economic theory, is supposed to possess absolutely nothing upon his entrance into society,—but the conditions of labor and exchange, and which should allow access to all who might present themselves,—I conclude, I say, that such articles of association would contain nothing that was not rational and scientific, since they would be the very expression of progress, the organic formula of labor, and since they would reveal, so to speak, humanity to itself by giving it the rudiment of its constitution.
Now, who, among the jurisconsults and economists, has ever approached even within a thousand leagues of this magnificent and yet so simple idea?
"I do not think," says M. Troplong, "that the spirit of association is called to greater destinies than those which it has accomplished in the past and up to the present time. . . ; and I confess that I have made no attempt to realize such hopes, which I believe exaggerated. . . . There are well-defined limits which association should not overstep. No! association is not called upon in France to govern everything. The spontaneous impulse of the individual mind is also a living force in our nation and a cause of its originality. . . .
"The idea of association is not new. . . . Even among the Romans we see the commercial society appear with all its paraphernalia of monopolies, corners, collusions, combinations, piracy, and venality. . . . The joint-stock company realizes the civil, commercial, and maritime law of the Middle Ages: at that epoch it was the most active instrument of labor organized in society. . . . From the middle of the fourteenth century we see societies form by stock subscriptions; and up to the time of Law's discomfiture, we see their number continually increase. . . . What! we marvel at the mines, factories, patents, and newspapers owned by stock companies! But two centuries ago such companies owned islands, kingdoms, almost an entire hemisphere. We proclaim it a miracle that hundreds of stock subscribers should group themselves around an enterprise; but as long ago as the fourteenth century the entire city of Florence was in similar silent partnership with a few merchants, who pushed the genius of enterprise as far as possible. Then, if our speculations are bad, if we have been rash, imprudent, or credulous, we torment the legislator with our cavilling complaints; we call upon him for prohibitions and nullifications. In our mania for regulating everything, EVEN THAT WHICH IS ALREADY CODIFIED; for enchaining everything by texts reviewed, corrected, and added to; for administering everything, even the chances and reverses of commerce,—we cry out, in the midst of so many existing laws: `There is still something to do!'"
M. Troplong believes in Providence, but surely he is not its man.
He will not discover the formula of association clamored for today by minds disgusted with all the protocols of combination and rapine of which M. Troplong unrolls the picture in his commentary. M. Troplong gets impatient, and rightly, with those who wish to enchain everything in texts of laws; and he himself pretends to enchain the future in a series of fifty articles, in which the wisest mind could not discover a spark of economic science or a shadow of philosophy. IN OUR MANIA, he cries, FOR REGULATING EVERYTHING, EVEN THAT WHICH IS ALREADY CODIFIED! . . . . I know nothing more delicious than this stroke, which paints at once the jurisconsult and the economist. After the Code Napoleon, take away the ladder! . . .