MEN, EQUAL IN THE DIGNITY OF THEIR PERSONS AND EQUAL BEFORE THE LAW, SHOULD BE EQUAL IN THEIR CONDITIONS,—such is the thesis which I maintained and developed in a memoir bearing the title, "What is Property? or, An Inquiry into the Principle of Right and of Government."
The idea of social equality, even in individual fortunes, has in all ages besieged, like a vague presentiment, the human imagination. Poets have sung of it in their hymns; philosophers have dreamed of it in their Utopias; priests teach it, but only for the spiritual world. The people, governed by it, never have had faith in it; and the civil power is never more disturbed than by the fables of the age of gold and the reign of Astrea. A year ago, however, this idea received a scientific demonstration, which has not yet been satisfactorily answered, and, permit me to add, never will be. This demonstration, owing to its slightly impassioned style, its method of reasoning,—which was so at variance with that employed by the generally recognized authorities,—and the importance and novelty of its conclusions, was of a nature to cause some alarm; and might have been dangerous, had it not been—as you, sir, so well said—a sealed letter, so far as the general public was concerned, addressed only to men of intelligence. I was glad to see that through its metaphysical dress you recognized the wise foresight of the author; and I thank you for it. May God grant that my intentions, which are wholly peaceful, may never be charged upon me as treasonable!
Like a stone thrown into a mass of serpents, the First Memoir on Property excited intense animosity, and aroused the passions of many. But, while some wished the author and his work to be publicly denounced, others found in them simply the solution of the fundamental problems of society; a few even basing evil speculations upon the new light which they had obtained. It was not to be expected that a system of inductions abstractly gathered together, and still more abstractly expressed, would be understood with equal accuracy in its ensemble and in each of its parts.
To find the law of equality, no longer in charity and self-sacrifice (which are not binding in their nature), but in justice; to base equality of functions upon equality of persons; to determine the absolute principle of exchange; to neutralize the inequality of individual faculties by collective force; to establish an equation between property and robbery; to change the law of succession without destroying the principle; to maintain the human personality in a system of absolute association, and to save liberty from the chains of communism; to synthetize the monarchical and democratic forms of government; to reverse the division of powers; to give the executive power to the nation, and to make legislation a positive, fixed, and absolute science,—what a series of paradoxes! what a string of delusions! if I may not say, what a chain of truths! But it is not my purpose here to pass upon the theory of the right of possession. I discuss no dogmas. My only object is to justify my views, and to show that, in writing as I did, I not only exercised a right, but performed a duty.
Yes, I have attacked property, and shall attack it again; but, sir, before demanding that I shall make the amende honorable for having obeyed my conscience and spoken the exact truth, condescend, I beg of you, to cast a glance at the events which are happening around us; look at our deputies, our magistrates, our philosophers, our ministers, our professors, and our publicists; examine their methods of dealing with the matter of property; count up with me the restrictions placed upon it every day in the name of the public welfare; measure the breaches already made; estimate those which society thinks of making hereafter; add the ideas concerning property held by all theories in common; interrogate history, and then tell me what will be left, half a century hence, of this old right of property; and, thus perceiving that I have so many accomplices, you will immediately declare me innocent.
What is the law of expropriation on the ground of public utility, which everybody favors, and which is even thought too lenient? [36]
A flagrant violation of the right of property. Society indemnifies, it is said, the dispossessed proprietor; but does it return to him the traditional associations, the poetic charm, and the family pride which accompany property? Naboth, and the miller of Sans-Souci, would have protested against French law, as they protested against the caprice of their kings. "It is the field of our fathers," they would have cried, "and we will not sell it!" Among the ancients, the refusal of the individual limited the powers of the State. The Roman law bowed to the will of the citizen, and an emperor—Commodus, if I remember rightly—abandoned the project of enlarging the forum out of respect for the rights of the occupants who refused to abdicate. Property is a real right, jus in re,—a right inherent in the thing, and whose principle lies in the external manifestation of man's will. Man leaves his imprint, stamps his character, upon the objects of his handiwork. This plastic force of man, as the modern jurists say, is the seal which, set upon matter, makes it holy. Whoever lays hands upon it, against the proprietor's will, does violence to the latter's personality. And yet, when an administrative committee saw fit to declare that public utility required it, property had to give way to the general will. Soon, in the name of public utility, methods of cultivation and conditions of enjoyment will be prescribed; inspectors of agriculture and manufactures will be appointed; property will be taken away from unskilful hands, and entrusted to laborers who are more deserving of it; and a general superintendence of production will be established. It is not two years since I saw a proprietor destroy a forest more than five hundred acres in extent. If public utility had interfered, that forest—the only one for miles around—would still be standing.
But, it is said, expropriation on the ground of public utility is only an exception which confirms the principle, and bears testimony in favor of the right. Very well; but from this exception we will pass to another, from that to a third, and so on from exceptions to exceptions, until we have reduced the rule to a pure abstraction.
How many supporters do you think, sir, can be claimed for the project of the conversion of the public funds? I venture to say that everybody favors it, except the fund-holders. Now, this so-called conversion is an extensive expropriation, and in this case with no indemnity whatever. The public funds are so much real estate, the income from which the proprietor counts upon with perfect safety, and which owes its value to the tacit promise of the government to pay interest upon it at the established rate, until the fund-holder applies for redemption. For, if the income is liable to diminution, it is less profitable than house-rent or farm-rent, whose rates may rise or fall according to the fluctuations in the market; and in that case, what inducement has the capitalist to invest his money in the State? When, then, you force the fund-holder to submit to a diminution of interest, you make him bankrupt to the extent of the diminution; and since, in consequence of the conversion, an equally profitable investment becomes impossible, you depreciate his property.
That such a measure may be justly executed, it must be generalized; that is, the law which provides for it must decree also that interest on sums lent on deposit or on mortgage throughout the realm, as well as house and farm-rents, shall be reduced to three per cent. This simultaneous reduction of all kinds of income would be not a whit more difficult to accomplish than the proposed conversion; and, further, it would offer the advantage of forestalling at one blow all objections to it, at the same time that it would insure a just assessment of the land-tax. See! If at the moment of conversion a piece of real estate yields an income of one thousand francs, after the new law takes effect it will yield only six hundred francs. Now, allowing the tax to be an aliquot part—one-fourth for example—of the income derived from each piece of property, it is clear on the one hand that the proprietor would not, in order to lighten his share of the tax, underestimate the value of his property; since, house and farm-rents being fixed by the value of the capital, and the latter being measured by the tax, to depreciate his real estate would be to reduce his revenue. On the other hand, it is equally evident that the same proprietors could not overestimate the value of their property, in order to increase their incomes beyond the limits of the law, since the tenants and farmers, with their old leases in their hands, would enter a protest.