What is Property? Part 33

On the contrary, the most democratic governments were always exclusively based upon individual property; so that the social element of all these republics was war between the citizens.

Solon decreed that a census should be taken of all fortunes, regulated political rights by the result, granted to the larger proprietors more influence, established the balance of powers,--in a word, inserted in the const.i.tution the most active leaven of discord; as if, instead of a legislator chosen by the people, he had been their greatest enemy. Is it not, indeed, the height of imprudence to grant equality of political rights to men of unequal conditions? If a manufacturer, uniting all his workmen in a joint-stock company, should give to each of them a consultative and deliberative voice,--that is, should make all of them masters,--would this equality of masters.h.i.+p secure continued inequality of wages? That is the whole political system of Solon, reduced to its simplest expression.

"In giving property a just preponderance," says M. Pastoret, "Solon repaired, as far as he was able, his first official act,--the abolition of debts.... He thought he owed it to public peace to make this great sacrifice of acquired rights and natural equity. But the violation of individual property and written contracts is a bad preface to a public code."

In fact, such violations are always cruelly punished. In '89 and '93, the possessions of the n.o.bility and the clergy were confiscated, the clever proletaires were enriched; and to-day the latter, having become aristocrats, are making us pay dearly for our fathers' robbery. What, therefore, is to be done now? It is not for us to violate right, but to restore it. Now, it would be a violation of justice to dispossess some and endow others, and then stop there. We must gradually lower the rate of interest, organize industry, a.s.sociate laborers and their functions, and take a census of the large fortunes, not for the purpose of granting privileges, but that we may effect their redemption by settling a life-annuity upon their proprietors. We must apply on a large scale the principle of collective production, give the State eminent domain over all capital! make each producer responsible, abolish the custom-house, and transform every profession and trade into a public function. Thereby large fortunes will vanish without confiscation or violence; individual possession will establish itself, without communism, under the inspection of the republic; and equality of conditions will no longer depend simply on the will of citizens.

Of the authors who have written upon the Romans, Bossuet and Montesquieu occupy prominent positions in the first rank; the first being generally regarded as the father of the philosophy of history, and the second as the most profound writer upon law and politics. Nevertheless, it could be shown that these two great writers, each of them imbued with the prejudices of their century and their cloth, have left the question of the causes of the rise and fall of the Romans precisely where they found it.

Bossuet is admirable as long as he confines himself to description: witness, among other pa.s.sages, the picture which he has given us of Greece before the Persian War, and which seems to have inspired "Telemachus;" the parallel between Athens and Sparta, drawn twenty times since Bossuet; the description of the character and morals of the ancient Romans; and, finally, the sublime peroration which ends the "Discourse on Universal History." But when the famous historian deals with causes, his philosophy is at fault.

"The tribunes always favored the division of captured lands, or the proceeds of their sale, among the citizens. The Senate steadfastly opposed those laws which were damaging to the State, and wanted the price of lands to be awarded to the public treasury."

Thus, according to Bossuet, the first and greatest wrong of civil wars was inflicted upon the people, who, dying of hunger, demanded that the lands, which they had shed their blood to conquer, should be given to them for cultivation. The patricians, who bought them to deliver to their slaves, had more regard for justice and the public interests.

How little affects the opinions of men! If the roles of Cicero and the Gracchi had been inverted, Bossuet, whose sympathies were aroused by the eloquence of the great orator more than by the clamors of the tribunes, would have viewed the agrarian laws in quite a different light. He then would have understood that the interest of the treasury was only a pretext; that, when the captured lands were put up at auction, the patricians hastened to buy them, in order to profit by the revenues from them,--certain, moreover, that the price paid would come back to them sooner or later, in exchange either for supplies furnished by them to the republic, or for the subsistence of the mult.i.tude, who could buy only of them, and whose services at one time, and poverty at another, were rewarded by the State. For a State does not h.o.a.rd; on the contrary, the public funds always return to the people. If, then, a certain number of men are the sole dealers in articles of primary necessity, it follows that the public treasury, in pa.s.sing and repa.s.sing through their hands, deposits and acc.u.mulates real property there.

When Menenius related to the people his fable of the limbs and the stomach, if any one had remarked to this story-teller that the stomach freely gives to the limbs the nourishment which it freely receives, but that the patricians gave to the plebeians only for cash, and lent to them only at usury, he undoubtedly would have silenced the wily senator, and saved the people from a great imposition. The Conscript Fathers were fathers only of their own line. As for the common people, they were regarded as an impure race, exploitable, taxable, and workable at the discretion and mercy of their masters.

As a general thing, Bossuet shows little regard for the people. His monarchical and theological instincts know nothing but authority, obedience, and alms-giving, under the name of charity.

This unfortunate disposition constantly leads him to mistake symptoms for causes; and his depth, which is so much admired, is borrowed from his authors, and amounts to very little, after all.

When he says, for instance, that "the dissensions in the republic, and finally its fall, were caused by the jealousies of its citizens, and their love of liberty carried to an extreme and intolerable extent," are we not tempted to ask him what caused those JEALOUSIES?--what inspired the people with that LOVE OF LIBERTY, EXTREME AND INTOLERABLE? It would be useless to reply, The corruption of morals; the disregard for the ancient poverty; the debaucheries, luxury, and cla.s.s jealousies; the seditious character of the Gracchi, &c. Why did the morals become corrupt, and whence arose those eternal dissensions between the patricians and the plebeians?

In Rome, as in all other places, the dissension between the rich and the poor was not caused directly by the desire for wealth (people, as a general thing, do not covet that which they deem it illegitimate to acquire), but by a natural instinct of the plebeians, which led them to seek the cause of their adversity in the const.i.tution of the republic.

So we are doing to-day; instead of altering our public economy, we demand an electoral reform. The Roman people wished to return to the social compact; they asked for reforms, and demanded a revision of the laws, and a creation of new magistracies. The patricians, who had nothing to complain of, opposed every innovation. Wealth always has been conservative. Nevertheless, the people overcame the resistance of the Senate; the electoral right was greatly extended; the privileges of the plebeians were increased,--they had their representatives, their tribunes, and their consuls; but, notwithstanding these reforms, the republic could not be saved. When all political expedients had been exhausted, when civil war had depleted the population, when the Caesars had thrown their b.l.o.o.d.y mantle over the cancer which was consuming the empire,--inasmuch as acc.u.mulated property always was respected, and since the fire never stopped, the nation had to perish in the flames.

The imperial power was a compromise which protected the property of the rich, and nourished the proletaires with wheat from Africa and Sicily: a double error, which destroyed the aristocrats by plethora and the commoners by famine. At last there was but one real proprietor left,--the emperor,--whose dependent, flatterer, parasite, or slave, each citizen became; and when this proprietor was ruined, those who gathered the crumbs from under his table, and laughed when he cracked his jokes, perished also.

Montesquieu succeeded no better than Bossuet in fathoming the causes of the Roman decline; indeed, it may be said that the president has only developed the ideas of the bishop. If the Romans had been more moderate in their conquests, more just to their allies, more humane to the vanquished; if the n.o.bles had been less covetous, the emperors less lawless, the people less violent, and all cla.s.ses less corrupt; if...

&c.,--perhaps the dignity of the empire might have been preserved, and Rome might have retained the sceptre of the world! That is all that can be gathered from the teachings of Montesquieu. But the truth of history does not lie there; the destinies of the world are not dependent upon such trivial causes. The pa.s.sions of men, like the contingencies of time and the varieties of climate, serve to maintain the forces which move humanity and produce all historical changes; but they do not explain them. The grain of sand of which Pascal speaks would have caused the death of one man only, had not prior action ordered the events of which this death was the precursor.

Montesquieu has read extensively; he knows Roman history thoroughly, is perfectly well acquainted with the people of whom he speaks, and sees very clearly why they were able to conquer their rivals and govern the world. While reading him we admire the Romans, but we do not like them; we witness their triumphs without pleasure, and we watch their fall without sorrow. Montesquieu's work, like the works of all French writers, is skilfully composed,--spirited, witty, and filled with wise observations. He pleases, interests, instructs, but leads to little reflection; he does not conquer by depth of thought; he does not exalt the mind by elevated reason or earnest feeling. In vain should we search his writings for knowledge of antiquity, the character of primitive society, or a description of the heroic ages, whose morals and prejudices lived until the last days of the republic. Vico, painting the Romans with their horrible traits, represents them as excusable, because he shows that all their conduct was governed by preexisting ideas and customs, and that they were informed, so to speak, by a superior genius of which they were unconscious; in Montesquieu, the Roman atrocity revolts, but is not explained. Therefore, as a writer, Montesquieu brings greater credit upon French literature; as a philosopher, Vico bears away the palm.

Originally, property in Rome was national, not private. Numa was the first to establish individual property by distributing the lands captured by Romulus. What was the dividend of this distribution effected by Numa? What conditions were imposed upon individuals, what powers reserved to the State? None whatever. Inequality of fortunes, absolute abdication by the republic of its right of eminent domain over the property of citizens,--such were the first results of the division of Numa, who justly may be regarded as the originator of Roman revolutions.

He it was who inst.i.tuted the wors.h.i.+p of the G.o.d Terminus,--the guardian of private possession, and one of the most ancient G.o.ds of Italy. It was Numa who placed property under the protection of Jupiter; who, in imitation of the Etrurians, wished to make priests of the land-surveyors; who invented a liturgy for cadastral operations, and ceremonies of consecration for the marking of boundaries,--who, in short, made a religion of property. [51] All these fancies would have been more beneficial than dangerous, if the holy king had not forgotten one essential thing; namely, to fix the amount that each citizen could possess, and on what conditions he could possess it. For, since it is the essence of property to continually increase by accession and profit, and since the lender will take advantage of every opportunity to apply this principle inherent in property, it follows that properties tend, by means of their natural energy and the religious respect which protects them, to absorb each other, and fortunes to increase or diminish to an indefinite extent,--a process which necessarily results in the ruin of the people, and the fall of the republic. Roman history is but the development of this law.

Scarcely had the Tarquins been banished from Rome and the monarchy abolished, when quarrels commenced between the orders. In the year 494 B.C., the secession of the commonalty to the Mons Sacer led to the establishment of the tribunate. Of what did the plebeians complain?

That they were poor, exhausted by the interest which they paid to the proprietors,--_foeneratoribus;_ that the republic, administered for the benefit of the n.o.bles, did nothing for the people; that, delivered over to the mercy of their creditors, who could sell them and their children, and having neither hearth nor home, they were refused the means of subsistence, while the rate of interest was kept at its highest point, &c. For five centuries, the sole policy of the Senate was to evade these just complaints; and, notwithstanding the energy of the tribunes, notwithstanding the eloquence of the Gracchi, the violence of Marius, and the triumph of Caesar, this execrable policy succeeded only too well. The Senate always temporized; the measures proposed by the tribunes might be good, but they were inopportune. It admitted that something should be done; but first it was necessary that the people should resume the performance of their duties, because the Senate could not yield to violence, and force must be employed only by the law. If the people--out of respect for legality--took this beautiful advice, the Senate conjured up a difficulty; the reform was postponed, and that was the end of it. On the contrary, if the demands of the proletaires became too pressing, it declared a foreign war, and neighboring nations were deprived of their liberty, to maintain the Roman aristocracy.

But the toils of war were only a halt for the plebeians in their onward march towards pauperism. The lands confiscated from the conquered nations were immediately added to the domain of the State, to the ager publicus; and, as such, cultivated for the benefit of the treasury; or, as was more often the case, they were sold at auction. None of them were granted to the proletaires, who, unlike the patricians and knights, were not supplied by the victory with the means of buying them. War never enriched the soldier; the extensive plundering has been done always by the generals. The vans of Augereau, and of twenty others, are famous in our armies; but no one ever heard of a private getting rich. Nothing was more common in Rome than charges of peculation, extortion, embezzlement, and brigandage, carried on in the provinces at the head of armies, and in other public capacities. All these charges were quieted by intrigue, bribery of the judges, or desistance of the accuser. The culprit was allowed always in the end to enjoy his spoils in peace; his son was only the more respected on account of his father's crimes. And, in fact, it could not be otherwise. What would become of us, if every deputy, peer, or public functionary should be called upon to show his t.i.tle to his fortune!

"The patricians arrogated the exclusive enjoyment of the ager publicus; and, like the feudal seigniors, granted some portions of their lands to their dependants,--a wholly precarious concession, revocable at the will of the grantor. The plebeians, on the contrary, were ent.i.tled to the enjoyment of only a little pasture-land left to them in common: an utterly unjust state of things, since, in consequence of it, taxation--_census_--weighed more heavily upon the poor than upon the rich. The patrician, in fact, always exempted himself from the t.i.the which he owed as the price and as the acknowledgment of the concession of domain; and, on the other hand, paid no taxes on his POSSESSIONS, if, as there is good reason to believe, only citizens' property was taxed."--Laboulaye: History of Property.

In order thoroughly to understand the preceding quotation, we must know that the estates of CITIZENS--that is, estates independent of the public domain, whether they were obtained in the division of Numa, or had since been sold by the questors--were alone regarded as PROPERTY; upon these a tax, or _cense_, was imposed. On the contrary, the estates obtained by concessions of the public domain, of the ager publicus (for which a light rent was paid), were called POSSESSIONS. Thus, among the Romans, there was a RIGHT OF PROPERTY and a RIGHT OF POSSESSION regulating the administration of all estates. Now, what did the proletaires wish? That the jus possessionis--the simple right of possession--should be extended to them at the expense, as is evident, not of private property, but of the public domain,--agri publici. The proletaires, in short, demanded that they should be tenants of the land which they had conquered. This demand, the patricians in their avarice never would accede to. Buying as much of this land as they could, they afterwards found means of obtaining the rest as POSSESSIONS. Upon this land they employed their slaves. The people, who could not buy, on account of the compet.i.tion of the rich, nor hire, because--cultivating with their own hands--they could not promise a rent equal to the revenue which the land would yield when cultivated by slaves, were always deprived of possession and property.

Civil wars relieved, to some extent, the sufferings of the mult.i.tude.

"The people enrolled themselves under the banners of the ambitious, in order to obtain by force that which the law refused them,--property. A colony was the reward of a victorious legion. But it was no longer the ager publicus only; it was all Italy that lay at the mercy of the legions. The ager publicus disappeared almost entirely,... but the cause of the evil--acc.u.mulated property--became more potent than ever."

(Laboulaye: History of Property.)

The author whom I quote does not tell us why this division of territory which followed civil wars did not arrest the encroachments of acc.u.mulated property; the omission is easily supplied. Land is not the only requisite for cultivation; a working-stock is also necessary,--animals, tools, harnesses, a house, an advance, &c. Where did the colonists, discharged by the dictator who rewarded them, obtain these things? From the purse of the usurers; that is, of the patricians, to whom all these lands finally returned, in consequence of the rapid increase of usury, and the seizure of estates. Sall.u.s.t, in his account of the conspiracy of Catiline, tells us of this fact. The conspirators were old soldiers of Sylla, who, as a reward for their services, had received from him lands in Cisalpine Gaul, Tuscany, and other parts of the peninsula Less than twenty years had elapsed since these colonists, free of debt, had left the service and commenced farming; and already they were crippled by usury, and almost ruined. The poverty caused by the exactions of creditors was the life of this conspiracy which well-nigh inflamed all Italy, and which, with a worthier chief and fairer means, possibly would have succeeded. In Rome, the ma.s.s of the people were favorable to the conspirators--_cuncta plebes Catilinae incepta probabat;_ the allies were weary of the patricians' robberies; deputies from the Allobroges (the Savoyards) had come to Rome to appeal to the Senate in behalf of their fellow-citizens involved in debt; in short, the complaint against the large proprietors was universal. "We call men and G.o.ds to witness," said the soldiers of Catiline, who were Roman citizens with not a slave among them, "that we have taken arms neither against the country, nor to attack any one, but in defence of our lives and liberties. Wretched, poor, most of us deprived of country, all of us of fame and fortune, by the violence and cruelty of usurers, we have no rights, no property, no liberty." [52]

The bad reputation of Catiline, and his atrocious designs, the imprudence of his accomplices, the treason of several, the strategy of Cicero, the angry outbursts of Cato, and the terror of the Senate, baffled this enterprise, which, in furnis.h.i.+ng a precedent for expeditions against the rich, would perhaps have saved the republic, and given peace to the world. But Rome could not evade her destiny; the end of her expiations had not come. A nation never was known to antic.i.p.ate its punishment by a sudden and unexpected conversion. Now, the long-continued crimes of the Eternal City could not be atoned for by the ma.s.sacre of a few hundred patricians. Catiline came to stay divine vengeance; therefore his conspiracy failed.

The encroachment of large proprietors upon small proprietors, by the aid of usury, farm-rent, and profits of all sorts, was common throughout the empire. The most honest citizens invested their money at high rates of interest. [53] Cato, Cicero, Brutus, all the stoics so noted for their frugality, _viri frugi_,--Seneca, the teacher of virtue,--levied enormous taxes in the provinces, under the name of usury; and it is something remarkable, that the last defenders of the republic, the proud Pompeys, were all usurious aristocrats, and oppressors of the poor.

But the battle of Pharsalus, having killed men only, without touching inst.i.tutions, the encroachments of the large domains became every day more active. Ever since the birth of Christianity, the Fathers have opposed this invasion with all their might. Their writings are filled with burning curses upon this crime of usury, of which Christians are not always innocent.

St. Cyprian complains of certain bishops of his time, who, absorbed in disgraceful stock-jobbing operations, abandoned their churches, and went about the provinces appropriating lands by artifice and fraud, while lending money and piling up interests upon interests. [54] Why, in the midst of this pa.s.sion for acc.u.mulation, did not the possession of the public land, like private property, become concentrated in a few hands?

By law, the domain of the State was inalienable, and consequently possession was always revocable; but the edict of the praetor continued it indefinitely, so that finally the possessions of the patricians were transformed into absolute property, though the name, possessions, was still applied to them. This conversion, instigated by senatorial avarice; owed its accomplishment to the most deplorable and indiscreet policy. If, in the time of Tiberius Gracchus, who wished to limit each citizen's possession of the ager publicus to five hundred acres, the amount of this possession had been fixed at as much as one family could cultivate, and granted on the express condition that the possessor should cultivate it himself, and should lease it to no one, the empire never would have been desolated by large estates; and possession, instead of increasing property, would have absorbed it. On what, then, depended the establishment and maintenance of equality in conditions and fortunes? On a more equitable division of the ager publicus, a wiser distribution of the right of possession.

I insist upon this point, which is of the utmost importance, because it gives us an opportunity to examine the history of this individual possession, of which I said so much in my first memoir, and which so few of my readers seem to have understood. The Roman republic--having, as it did, the power to dispose absolutely of its territory, and to impose conditions upon possessors--was nearer to liberty and equality than any nation has been since. If the Senate had been intelligent and just,--if, at the time of the retreat to the Mons Sacer, instead of the ridiculous farce enacted by Menenius Agrippa, a solemn renunciation of the right to acquire had been made by each citizen on attaining his share of possessions,--the republic, based upon equality of possessions and the duty of labor, would not, in attaining its wealth, have degenerated in morals; Fabricius would have enjoyed the arts without controlling artists; and the conquests of the ancient Romans would have been the means of spreading civilization, instead of the series of murders and robberies that they were.

But property, having unlimited power to ama.s.s and to lease, was daily increased by the addition of new possessions. From the time of Nero, six individuals were the sole proprietors of one-half of Roman Africa. In the fifth century, the wealthy families had incomes of no less than two millions: some possessed as many as twenty thousand slaves. All the authors who have written upon the causes of the fall of the Roman republic concur.

M. Giraud of Aix [55] quotes the testimony of Cicero, Seneca, Plutarch, Olympiodorus, and Photius. Under Vespasian and t.i.tus, Pliny, the naturalist, exclaimed: "Large estates have ruined Italy, and are ruining the provinces."

But it never has been understood that the extension of property was effected then, as it is to-day, under the aegis of the law, and by virtue of the const.i.tution. When the Senate sold captured lands at auction, it was in the interest of the treasury and of public welfare.

When the patricians bought up possessions and property, they realized the purpose of the Senate's decrees; when they lent at high rates of interest, they took advantage of a legal privilege. "Property," said the lender, "is the right to enjoy even to the extent of abuse, _jus utendi et abutendi_; that is, the right to lend at interest,--to lease, to acquire, and then to lease and lend again." But property is also the right to exchange, to transfer, and to sell. If, then, the social condition is such that the proprietor, ruined by usury, may be compelled to sell his possession, the means of his subsistence, he will sell it; and, thanks to the law, acc.u.mulated property--devouring and anthropophagous property--will be established.[56]

The immediate and secondary cause of the decline of the Romans was, then, the internal dissensions between the two orders of the republic,--the patricians and the plebeians,--dissensions which gave rise to civil wars, proscriptions, and loss of liberty, and finally led to the empire; but the primary and mediate cause of their decline was the establishment by Numa of the inst.i.tution of property.

I end with an extract from a work which I have quoted several times already, and which has recently received a prize from the Academy of Moral and Political Sciences:--

"The concentration of property," says M. Laboulaye, "while causing extreme poverty, forced the emperors to feed and amuse the people, that they might forget their misery. _Panem et circenses:_ that was the Roman law in regard to the poor; a dire and perhaps a necessary evil wherever a landed aristocracy exists.

"To feed these hungry mouths, grain was brought from Africa and the provinces, and distributed gratuitously among the needy. In the time of Caesar, three hundred and twenty thousand people were thus fed. Augustus saw that such a measure led directly to the destruction of husbandry; but to abolish these distributions was to put a weapon within the reach of the first aspirant for power.

"The emperor shrank at the thought.

"While grain was gratuitous, agriculture was impossible. Tillage gave way to pasturage, another cause of depopulation, even among slaves.

"Finally, luxury, carried further and further every day, covered the soil of Italy with elegant villas, which occupied whole cantons. Gardens and groves replaced the fields, and the free population fled to the towns. Husbandry disappeared almost entirely, and with husbandry the husbandman. Africa furnished the wheat, and Greece the wine. Tiberius complained bitterly of this evil, which placed the lives of the Roman people at the mercy of the winds and waves: that was his anxiety. One day later, and three hundred thousand starving men walked the streets of Rome: that was a revolution.

"This decline of Italy and the provinces did not stop. After the reign of Nero, depopulation commenced in towns as noted as Antium and Tarentum. Under the reign of Pertinax, there was so much desert land that the emperor abandoned it, even that which belonged to the treasury, to whoever would cultivate it, besides exempting the farmers from taxation for a period of ten years. Senators were compelled to invest one-third of their fortunes in real estate in Italy; but this measure served only to increase the evil which they wished to cure. To force the rich to possess in Italy was to increase the large estates which had ruined the country. And must I say, finally, that Aurelian wished to send the captives into the desert lands of Etruria, and that Valentinian was forced to settle the Alamanni on the fertile banks of the Po?"