Finally, in the last chapter, calling psychology to our aid, and probing man's nature to the bottom, we shall disclose the principle of JUSTICE—its formula and character; we shall state with precision the organic law of society; we shall explain the origin of property, the causes of its establishment, its long life, and its approaching death; we shall definitively establish its identity with robbery. And, after having shown that these three prejudices—THE SOVEREIGNTY OF MAN, THE INEQUALITY OF CONDITIONS, AND PROPERTY—are one and the same; that they may be taken for each other, and are reciprocally convertible,—we shall have no trouble in inferring therefrom, by the principle of contradiction, the basis of government and right. There our investigations will end, reserving the right to continue them in future works.
The importance of the subject which engages our attention is recognized by all minds.
"Property," says M. Hennequin, "is the creative and conservative principle of civil society. Property is one of those basic institutions, new theories concerning which cannot be presented too soon; for it must not be forgotten, and the publicist and statesman must know, that on the answer to the question whether property is the principle or the result of social order, whether it is to be considered as a cause or an effect, depends all morality, and, consequently, all the authority of human institutions."
These words are a challenge to all men of hope and faith; but, although the cause of equality is a noble one, no one has yet picked up the gauntlet thrown down by the advocates of property; no one has been courageous enough to enter upon the struggle. The spurious learning of haughty jurisprudence, and the absurd aphorisms of a political economy controlled by property have puzzled the most generous minds; it is a sort of password among the most influential friends of liberty and the interests of the people that EQUALITY IS A CHIMERA! So many false theories and meaningless analogies influence minds otherwise keen, but which are unconsciously controlled by popular prejudice. Equality advances every day—fit aequalitas. Soldiers of liberty, shall we desert our flag in the hour of triumph?
A defender of equality, I shall speak without bitterness and without anger; with the independence becoming a philosopher, with the courage and firmness of a free man. May I, in this momentous struggle, carry into all hearts the light with which I am filled; and show, by the success of my argument, that equality failed to conquer by the sword only that it might conquer by the pen!
CHAPTER II. PROPERTY CONSIDERED AS A NATURAL RIGHT
PROPERTY CONSIDERED AS A NATURAL RIGHT.—OCCUPATION AND
CIVIL LAW AS EFFICIENT BASES OF PROPERTY. DEFINITIONS.
The Roman law defined property as the right to use and abuse one's own within the limits of the law—jus utendi et abutendi re sua, quatenus juris ratio patitur. A justification of the word ABUSE has been attempted, on the ground that it signifies, not senseless and immoral abuse, but only absolute domain. Vain distinction! invented as an excuse for property, and powerless against the frenzy of possession, which it neither prevents nor represses. The proprietor may, if he chooses, allow his crops to rot under foot; sow his field with salt; milk his cows on the sand; change his vineyard into a desert, and use his vegetable-garden as a park: do these things constitute abuse, or not? In the matter of property, use and abuse are necessarily indistinguishable.
According to the Declaration of Rights, published as a preface to the Constitution of '93, property is "the right to enjoy and dispose at will of one's goods, one's income, and the fruit of one's labor and industry."