what is property-第75章
按键盘上方向键 ← 或 → 可快速上下翻页，按键盘上的 Enter 键可回到本书目录页，按键盘上方向键 ↑ 可回到本页顶部！
————未阅读完？加入书签已便下次继续阅读！
t 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？＇1＇
＇1＇ In the Chamber of Deputies； during the session of the fifth of January； 1841； M。 Dufaure moved to renew the expropriation bill； on the ground of public utility。
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 emperorCommodus； if I remember rightlyabandoned 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 forestthe only one for miles aroundwould 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 partone…fourth for exampleof 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。
Such； sir； must be the result sooner or later of the conversion which has been so long demanded； otherwise； the financial operation of which we are speaking would be a crying injustice； unless intended as a stepping…stone。 This last motive seems the most plausible one； for in spite of the clamors of interested parties； and the flagrant violation of certain rights； the public conscience is bound to fulfil its desire； and is no more affected when charged with attacking property； than when listening to the complaints of the bondholders。 In this case； instinctive justice belies legal justice。
Who has not heard of the inextricable confusion into which the Chamber of Deputies was thrown last year； while discussing the question of colonial and native sugars？ Did they leave these two industries to themselves？ The native manufacturer was ruined by the colonist。 To maintain the beet…root； the cane had to be taxed。 To protect the property of the one； it became necessary to violate the property of the other。 The most remarkable feature of this business was precisely that to which the least attention was paid； namely； that； in one way or another； property had to be violated。 Did they impose on each industry a proportional tax； so as to preserve a balance in the market？ They created a maximum PRICE for each variety of sugar； and； as this maximum PRICE was not the same； they attacked property in two ways；on the one hand； interfering with the liberty of trade； on the other； disregarding the equality of proprietors。 Did they suppress the beet…root by granting an indemnity to the manufacturer？ They sacrificed the property of the tax…payer。 Finally； did they prefer to cultivate the two varieties of sugar at the nation's expense； just as different varieties of tobacco are cultivated？ They abolished； so far as the sugar industry was concerned； the right of property。 This last course； being the most social； would have been certainly the best； but； if property is the necessary basis of civilization； how is this deep…seated antagonism to be explained？＇1＇
＇1＇ 〃What is Property？〃 Chap。 IV
