What is Property? Part 38

It is said that on this question of the fortification of Paris the staff of "Le National" are not agreed. This would prove, if proof were needed, that a journal may blunder and falsify, without ent.i.tling any one to accuse its editors. A journal is a metaphysical being, for which no one is really responsible, and which owes its existence solely to mutual concessions. This idea ought to frighten those worthy citizens who, because they borrow their opinions from a journal, imagine that they belong to a political party, and who have not the faintest suspicion that they are really without a head.

For this reason, sir, I have enlisted in a desperate war against every form of authority over the mult.i.tude. Advance sentinel of the proletariat, I cross bayonets with the celebrities of the day, as well as with spies and charlatans. Well, when I am fighting with an ill.u.s.trious adversary, must I stop at the end of every phrase, like an orator in the tribune, to say "the learned author," "the eloquent writer," "the profound publicist," and a hundred other plat.i.tudes with which it is fas.h.i.+onable to mock people? These civilities seem to me no less insulting to the man attacked than dishonorable to the aggressor.

But when, rebuking an author, I say to him, "Citizen, your doctrine is absurd, and, if to prove my a.s.sertion is an offence against you, I am guilty of it," immediately the listener opens his ears; he is all attention; and, if I do not succeed in convincing him, at least I give his thought an impulse, and set him the wholesome example of doubt and free examination.

Then do not think, sir, that, in tripping up the philosophy of your very learned and very estimable confrere, M. Troplong, I fail to appreciate his talent as a writer (in my opinion, he has too much for a jurist); nor his knowledge, though it is too closely confined to the letter of the law, and the reading of old books. In these particulars, M. Troplong offends on the side of excess rather than deficiency. Further, do not believe that I am actuated by any personal animosity towards him, or that I have the slightest desire to wound his self-love. I know M.

Troplong only by his "Treatise on Prescription," which I wish he had not written; and as for my critics, neither M. Troplong, nor any of those whose opinion I value, will ever read me. Once more, my only object is to prove, as far as I am able, to this unhappy French nation, that those who make the laws, as well as those who interpret them, are not infallible organs of general, impersonal, and absolute reason.

I had resolved to submit to a systematic criticism the semi-official defence of the right of property recently put forth by M. Wolowski, your colleague at the Conservatory. With this view, I had commenced to collect the doc.u.ments necessary for each of his lectures, but, soon perceiving that the ideas of the professor were incoherent, that his arguments contradicted each other, that one affirmation was sure to be overthrown by another, and that in M. Wolowski's lucubrations the good was always mingled with the bad, and being by nature a little suspicious, it suddenly occurred to me that M. Wolowski was an advocate of equality in disguise, thrown in spite of himself into the position in which the patriarch Jacob pictures one of his sons,--_inter duas c.l.i.tellas_, between two stools, as the proverb says. In more parliamentary language, I saw clearly that M. Wolowski was placed between his profound convictions on the one hand and his official duties on the other, and that, in order to maintain his position, he had to a.s.sume a certain slant. Then I experienced great pain at seeing the reserve, the circ.u.mlocution, the figures, and the irony to which a professor of legislation, whose duty it is to teach dogmas with clearness and precision, was forced to resort; and I fell to cursing the society in which an honest man is not allowed to say frankly what he thinks. Never, sir, have you conceived of such torture: I seemed to be witnessing the martyrdom of a mind. I am going to give you an idea of these astonis.h.i.+ng meetings, or rather of these scenes of sorrow.

Monday, Nov. 20, 1840.--The professor declares, in brief,--1. That the right of property is not founded upon occupation, but upon the impress of man; 2. That every man has a natural and inalienable right to the use of matter.

Now, if matter can be appropriated, and if, notwithstanding, all men retain an inalienable right to the use of this matter, what is property?--and if matter can be appropriated only by labor, how long is this appropriation to continue?--questions that will confuse and confound all jurists whatsoever.

Then M. Wolowski cites his authorities. Great G.o.d! what witnesses he brings forward! First, M. Troplong, the great metaphysician, whom we have discussed; then, M. Louis Blanc, editor of the "Revue du Progres,"

who came near being tried by jury for publis.h.i.+ng his "Organization of Labor," and who escaped from the clutches of the public prosecutor only by a juggler's trick; [68] Corinne,--I mean Madame de Stael,--who, in an ode, making a poetical comparison of the land with the waves, of the furrow of a plough with the wake of a vessel, says "that property exists only where man has left his trace," which makes property dependent upon the solidity of the elements; Rousseau, the apostle of liberty and equality, but who, according to M. Wolowski, attacked property only AS A JOKE, and in order to point a paradox; Robespierre, who prohibited a division of the land, because he regarded such a measure as a rejuvenescence of property, and who, while awaiting the definitive organization of the republic, placed all property in the care?? of the people,--that is, transferred the right of eminent domain from the individual to society; Babeuf, who wanted property for the nation, and communism for the citizens; M. Considerant, who favors a division of landed property into shares,--that is, who wishes to render property nominal and fict.i.tious: the whole being intermingled with jokes and witticisms (intended undoubtedly to lead people away from the HORNETS'

NESTS) at the expense of the adversaries of the right of property!

November 26.--M. Wolowski supposes this objection: Land, like water, air, and light, is necessary to life, therefore it cannot be appropriated; and he replies: The importance of landed property diminishes as the power of industry increases.

Good! this importance DIMINISHES, but it does not DISAPPEAR; and this, of itself, shows landed property to be illegitimate. Here M. Wolowski pretends to think that the opponents of property refer only to property in land, while they merely take it as a term of comparison; and, in showing with wonderful clearness the absurdity of the position in which he places them, he finds a way of drawing the attention of his hearers to another subject without being false to the truth which it is his office to contradict.

"Property," says M. Wolowski, "is that which distinguishes man from the animals." That may be; but are we to regard this as a compliment or a satire?

"Mahomet," says M. Wolowski, "decreed property." And so did Genghis Khan, and Tamerlane, and all the ravagers of nations. What sort of legislators were they?

"Property has been in existence ever since the origin of the human race." Yes, and so has slavery, and despotism also; and likewise polygamy and idolatry. But what does this antiquity show?

The members of the Council of the State--M. Portalis at their head--did not raise, in their discussion of the Code, the question of the legitimacy of property. "Their silence," says M. Wolowski, "is a precedent in favor of this right." I may regard this reply as personally addressed to me, since the observation belongs to me. I reply, "As long as an opinion is universally admitted, the universality of belief serves of itself as argument and proof. When this same opinion is attacked, the former faith proves nothing; we must resort to reason. Ignorance, however old and pardonable it may be, never outweighs reason."

Property has its abuses, M. Wolowski confesses. "But," he says, "these abuses gradually disappear. To-day their cause is known. They all arise from a false theory of property. In principle, property is inviolable, but it can and must be checked and disciplined." Such are the conclusions of the professor.

When one thus remains in the clouds, he need not fear to equivocate.

Nevertheless, I would like him to define these ABUSES of property, to show their cause, to explain this true theory from which no abuse is to spring; in short, to tell me how, without destroying property, it can be governed for the greatest good of all. "Our civil code," says M.

Wolowski, in speaking of this subject, "leaves much to be desired." I think it leaves every thing undone.

Finally, M. Wolowski opposes, on the one hand, the concentration of capital, and the absorption which results therefrom; and, on the other, he objects to the extreme division of the land. Now I think that I have demonstrated in my First Memoir, that large acc.u.mulation and minute division are the first two terms of an economical trinity,--a THESIS and an ANt.i.tHESIS. But, while M. Wolowski says nothing of the third term, the SYNTHESIS, and thus leaves the inference in suspense, I have shown that this third term is a.s.sOCIATION, which is the annihilation of property.

November 30.--LITERARY PROPERTY. M. Wolowski grants that it is just to recognize the rights of talent (which is not in the least hostile to equality); but he seriously objects to perpetual and absolute property in the works of genius, to the profit of the authors' heirs. His main argument is, that society has a right of collective production over every creation of the mind. Now, it is precisely this principle of collective power that I developed in my "Inquiries into Property and Government," and on which I have established the complete edifice of a new social organization. M. Wolowski is, as far as I know, the first jurist who has made a legislative application of this economical law.

Only, while I have extended the principle of collective power to every sort of product, M. Wolowski, more prudent than it is my nature to be, confines it to neutral ground. So, that that which I am bold enough to say of the whole, he is contented to affirm of a part, leaving the intelligent hearer to fill up the void for himself. However, his arguments are keen and close. One feels that the professor, finding himself more at ease with one aspect of property, has given the rein to his intellect, and is rus.h.i.+ng on towards liberty.

1. Absolute literary property would hinder the activity of other men, and obstruct the development of humanity. It would be the death of progress; it would be suicide. What would have happened if the first inventions,--the plough, the level, the saw, &c.,--had been appropriated?

Such is the first proposition of M. Wolowski.

I reply: Absolute property in land and tools hinders human activity, and obstructs progress and the free development of man.

What happened in Rome, and in all the ancient nations? What occurred in the middle ages? What do we see to-day in England, in consequence of absolute property in the sources of production?

The suicide of humanity.

2. Real and personal property is in harmony with the social interest.

In consequence of literary property, social and individual interests are perpetually in conflict.

The statement of this proposition contains a rhetorical figure, common with those who do not enjoy full and complete liberty of speech. This figure is the _anti-phrasis_ or _contre-verite_. It consists, according to Dumarsais and the best humanists, in saying one thing while meaning another. M. Wolowski's proposition, naturally expressed, would read as follows: "Just as real and personal property is essentially hostile to society, so, in consequence of literary property, social and individual interests are perpetually in conflict."

3. M. de Montalembert, in the Chamber of Peers, vehemently protested against the a.s.similation of authors to inventors of machinery; an a.s.similation which he claimed to be injurious to the former. M. Wolowski replies, that the rights of authors, without machinery, would be nil; that, without paper-mills, type foundries, and printing-offices, there could be no sale of verse and prose; that many a mechanical invention,--the compa.s.s, for instance, the telescope, or the steam-engine,--is quite as valuable as a book.

Prior to M. Montalembert, M. Charles Comte had laughed at the inference in favor of mechanical inventions, which logical minds never fail to draw from the privileges granted to authors. "He," says M. Comte, "who first conceived and executed the idea of transforming a piece of wood into a pair of sabots, or an animal's hide into a pair of sandals, would thereby have acquired an exclusive right to make shoes for the human race!" Undoubtedly, under the system of property. For, in fact, this pair of sabots, over which you make so merry, is the creation of the shoemaker, the work of his genius, the expression of his thought; to him it is his poem, quite as much as "Le Roi s'amuse," is M. Victor Hugo's drama. Justice for all alike. If you refuse a patent to a perfecter of boots, refuse also a privilege to a maker of rhymes.

4. That which gives importance to a book is a fact external to the author and his work. Without the intelligence of society, without its development, and a certain community of ideas, pa.s.sions, and interests between it and the authors, the works of the latter would be worth nothing. The exchangeable value of a book is due even more to the SOCIAL CONDITION than to the talent displayed in it.

Indeed, it seems as if I were copying my own words. This proposition of M. Wolowski contains a special expression of a general and absolute idea, one of the strongest and most conclusive against the right of property. Why do artists, like mechanics, find the means to live?

Because society has made the fine arts, like the rudest industries, objects of consumption and exchange, governed consequently by all the laws of commerce and political economy. Now, the first of these laws is the equipoise of functions; that is, the equality of a.s.sociates.

5. M. Wolowski indulges in sarcasm against the pet.i.tioners for literary property. "There are authors," he says, "who crave the privileges of authors, and who for that purpose point out the power of the melodrama.

They speak of the niece of Corneille, begging at the door of a theatre which the works of her uncle had enriched.... To satisfy the avarice of literary people, it would be necessary to create literary majorats, and make a whole code of exceptions."

I like this virtuous irony. But M. Wolowski has by no means exhausted the difficulties which the question involves. And first, is it just that MM. Cousin, Guizot, Villemain, Damiron, and company, paid by the State for delivering lectures, should be paid a second time through the booksellers?--that I, who have the right to report their lectures, should not have the right to print them? Is it just that MM. Noel and Chapsal, overseers of the University, should use their influence in selling their selections from literature to the youth whose studies they are instructed to superintend in consideration of a salary? And, if that is not just, is it not proper to refuse literary property to every author holding public offices, and receiving pensions or sinecures?

Again, shall the privilege of the author extend to irreligious and immoral works, calculated only to corrupt the heart, and obscure the understanding? To grant this privilege is to sanction immorality by law; to refuse it is to censure the author. And since it is impossible, in the present imperfect state of society, to prevent all violations of the moral law, it will be necessary to open a license-office for books as well as morals. But, then, three-fourths of our literary people will be obliged to register; and, recognized thenceforth on their own declaration as PROSt.i.tUTES, they will necessarily belong to the public.

We pay toll to the prost.i.tute; we do not endow her.

Finally, shall plagiarism be cla.s.sed with forgery? If you reply "Yes,"

you appropriate in advance all the subjects of which books treat; if you say "No," you leave the whole matter to the decision of the judge.

Except in the case of a clandestine reprint, how will he distinguish forgery from quotation, imitation, plagiarism, or even coincidence? A savant spends two years in calculating a table of logarithms to nine or ten decimals. He prints it. A fortnight after his book is selling at half-price; it is impossible to tell whether this result is due to forgery or compet.i.tion. What shall the court do? In case of doubt, shall it award the property to the first occupant? As well decide the question by lot.

These, however, are trifling considerations; but do we see that, in granting a perpetual privilege to authors and their heirs, we really strike a fatal blow at their interests? We think to make booksellers dependent upon authors,--a delusion. The booksellers will unite against works, and their proprietors. Against works, by refusing to push their sale, by replacing them with poor imitations, by reproducing them in a hundred indirect ways; and no one knows how far the science of plagiarism, and skilful imitation may be carried. Against proprietors.

Are we ignorant of the fact, that a demand for a dozen copies enables a bookseller to sell a thousand; that with an edition of five hundred he can supply a kingdom for thirty years? What will the poor authors do in the presence of this omnipotent union of booksellers? I will tell them what they will do. They will enter the employ of those whom they now treat as pirates; and, to secure an advantage, they will become wage laborers. A fit reward for ign.o.ble avarice, and insatiable pride. [69]

Contradictions of contradictions! "Genius is the great leveller of the world," cries M. de Lamartine; "then genius should be a proprietor.

Literary property is the fortune of democracy." This unfortunate poet thinks himself profound when he is only puffed up. His eloquence consists solely in coupling ideas which clash with each other: ROUND SQUARE, DARK SUN, FALLEN ANGEL, PRIEST and LOVE, THOUGHT and POETRY, GUNIUS {???}, and FORTUNE, LEVELING and PROPERTY. Let us tell him, in reply, that his mind is a dark luminary; that each of his discourses is a disordered harmony; and that all his successes, whether in verse or prose, are due to the use of the extraordinary in the treatment of the most ordinary subjects.

"Le National," in reply to the report of M. Lamartine, endeavors to prove that literary property is of quite a different nature from landed property; as if the nature of the right of property depended on the object to which it is applied, and not on the mode of its exercise and the condition of its existence. But the main object of "Le National"

is to please a cla.s.s of proprietors whom an extension of the right of property vexes: that is why "Le National" opposes literary property.

Will it tell us, once for all, whether it is for equality or against it?

6. OBJECTION.--Property in occupied land pa.s.ses to the heirs of the occupant. "Why," say the authors, "should not the work of genius pa.s.s in like manner to the heirs of the man of genius?" M. Wolowski's reply: "Because the labor of the first occupant is continued by his heirs, while the heirs of an author neither change nor add to his works. In landed property, the continuance of labor explains the continuance of the right."

Yes, when the labor is continued; but if the labor is not continued, the right ceases. Thus is the right of possession, founded on personal labor, recognized by M. Wolowski.

M. Wolowski decides in favor of granting to authors property in their works for a certain number of years, dating from the day of their first publication.

The succeeding lectures on patents on inventions were no less instructive, although intermingled with shocking contradictions inserted with a view to make the useful truths more palatable. The necessity for brevity compels me to terminate this examination here, not without regret.

Thus, of two eclectic jurists, who attempt a defence of property, one is entangled in a set of dogmas without principle or method, and is constantly talking nonsense; and the other designedly abandons the cause of property, in order to present under the same name the theory of individual possession. Was I wrong in claiming that confusion reigned among legists, and ought I to be legally prosecuted for having said that their science henceforth stood convicted of falsehood, its glory eclipsed?