Chapter III: Labour As The Efficient Cause Of The Domain Of Property

Nearly all the modern writers on jurisprudence, taking their cue from the economists, have abandoned the theory of first occupancy as a too dangerous one, and have adopted that which regards property as born of labour. In this they are deluded; they reason in a circle. To labour it is necessary to occupy, says M. Cousin.

[…]

Chapter III: Labour As The Efficient Cause Of The Domain Of Property

[…]

I have asserted that the system which bases property upon labour implies, no less than that which bases it upon occupation, the equality of fortunes; and the reader must be impatient to learn how I propose to deduce this law of equality from the inequality of skill and faculties: directly his curiosity shall be satisfied. But it is proper that I should call his attention for a moment to this remarkable feature of the process; to wit, the substitution of labour for occupation as the principle of property; and that I should pass rapidly in review some of the prejudices to which proprietors are accustomed to appeal, which legislation has sanctioned, and which the system of labour completely overthrows.

Reader, were you ever present at the examination of a criminal? Have you watched his tricks, his turns, his evasions, his distinctions, his equivocations? Beaten, all his assertions overthrown, pursued like a fallow deer by the inexorable judge, tracked from hypothesis to hypothesis, — he makes a statement, he corrects it, retracts it, contradicts it, he exhausts all the tricks of dialectics, more subtle, more ingenious a thousand times than he who invented the seventy-two forms of the syllogism. So acts the proprietor when called upon to defend his right. At first he refuses to reply, he exclaims, he threatens, he defies; then, forced to accept the discussion, he arms himself with chicanery, he surrounds himself with formidable artillery, — crossing his fire, opposing one by one and all together occupation, possession, limitation, covenants, immemorial custom, and universal consent. Conquered on this ground, the proprietor, like a wounded boar, turns on his pursuers. “I have done more than occupy,” he cries with terrible emotion; “I have laboured, produced, improved, transformed, created. This house, these fields, these trees are the work of my hands; I changed these brambles into a vineyard, and this bush into a fig-tree; and to-day I reap the harvest of my labours. I have enriched the soil with my sweat; I have paid those men who, had they not had the work which I gave them, would have died of hunger. No one shared with me the trouble and expense; no one shall share with me the benefits.”

You have laboured, proprietor! why then do you speak of original occupancy? What, were you not sure of your right, or did you hope to deceive men, and make justice an illusion? Make haste, then, to acquaint us with your mode of defence, for the judgement will be final; and you know it to be a question of restitution.

You have laboured! but what is there in common between the labour which duty compels you to perform, and the appropriation of things in which there is a common interest? Do you not know that domain over the soil, like that over air and light, cannot be lost by prescription?

You have laboured! have you never made others labour? Why, then, have they lost in labouring for you what you have gained in not labouring for them?

You have laboured! very well; but let us see the results of your labour. We will count, weigh, and measure them. It will be the judgement of Balthasar; for I swear by balance, level, and square, that if you have appropriated another’s labour in any way whatsoever, you shall restore it every stroke.

Thus, the principle of occupation is abandoned; no longer is it said, “The land belongs to him who first gets possession of it.” Property, forced into its first entrenchment, repudiates its old adage; justice, ashamed, retracts her maxims, and sorrow lowers her bandage over her blushing cheeks. And it was but yesterday that this progress in social philosophy began: fifty centuries required for the extirpation of a lie! During this lamentable period, how many usurpations have been sanctioned, how many invasions glorified, how many conquests celebrated! The absent dispossessed, the poor banished, the hungry excluded by wealth, which is so ready and bold in action! Jealousies and wars, incendiarism and bloodshed, among the nations! But henceforth, thanks to the age and its spirit, it is to be admitted that the earth is not a prize to be won in a race; in the absence of any other obstacle, there is a place for everybody under the sun. Each one may harness his goat to the barn, drive his cattle to pasture, sow a corner of a field, and bake his bread by his own fireside.

But, no; each one cannot do these things. I hear it proclaimed on all sides, “Glory to labour and industry! to each according to his capacity; to each capacity according to its results!” And I see three-fourths of the human race again despoiled, the labour of a few being a scourge to the labour of the rest.

“The problem is solved,” exclaims M. Hennequin. “Property, the daughter of labour, can be enjoyed at present and in the future only under the protection of the laws. It has its origin in natural law; it derives its power from civil law; and from the union of these two ideas, labour and protection, positive legislation results.”…

Ah! The problem is solved! Property is the daughter of labour! What, then, is the right of accession, and the right of succession, and the right of donation, &c., if not the right to become a proprietor by simple occupancy? What are your laws concerning the age of majority, emancipation, guardianship, and interdiction, if not the various conditions by which he who is already a worker gains or loses the right of occupancy; that is, property?

Being unable, at this time, to enter upon a detailed discussion of the Code, I shall content myself with examining the three arguments oftenest resorted to in support of property. 1. Appropriation, or the formation of property by possession; 2. The consent of mankind; 3. Prescription. I shall then inquire into the effects of labour upon the relative condition of the workers and upon property.

§1 The Land cannot be Appropriated

“It would seem that lands capable of cultivation ought to be regarded as natural wealth, since they are not of human creation, but Nature’s gratuitous gift to man; but inasmuch as this wealth is not fugitive, like the air and water, — inasmuch as a field is a fixed and limited space which certain men have been able to appropriate, to the exclusion of all others who in their turn have consented to this appropriation, — the land, which was a natural and gratuitous gift, has become social wealth, for the use of which we ought to pay.” — Say: Political Economy

Was I wrong in saying, at the beginning of this chapter, that the economists are the very worst authorities in matters of legislation and philosophy? It is the father of this class of men who clearly states the question, How can the supplies of Nature, the wealth created by Providence, become private property? and who replies by so gross an equivocation that we scarcely know which the author lacks, sense or honesty. What, I ask, has the fixed and solid nature of the earth to do with the right of appropriation? I can understand that a thing limited and stationary, like the land, offers greater chances for appropriation than the water or the sunshine; that it is easier to exercise the right of domain over the soil than over the atmosphere: but we are not dealing with the difficulty of the thing, and Say confounds the right with the possibility. We do not ask why the earth has been appropriated to a greater extent than the sea and the air; we want to know by what right man has appropriated wealth which he did not create, and which nature gave to him gratuitously.

Say, then, did not solve the question which he asked. But if he had solved it, if the explanation which he has given us were as satisfactory as it is illogical, we should know no better than before who has a right to exact payment for the use of the soil, of this wealth which is not man’s handiwork. Who is entitled to the rent of the land? The producer of the land, without doubt. Who made the land? God. Then, proprietor, retire!

But the creator of the land does not sell it: he gives it; and, in giving it, he is no respecter of persons. Why, then, are some of his children regarded as legitimate, while others are treated as bastards? If the equality of shares was an original right, why is the inequality of conditions a posthumous right?

Say gives us to understand that if the air and the water were not of a FUGITIVE nature, they would have been appropriated. Let me observe in passing that this is more than an hypothesis; it is a reality. Men have appropriated the air and the water, I will not say as often as they could, but as often as they have been allowed to.

The Portuguese, having discovered the route to India by the Cape of Good Hope, pretended to have the sole right to that route; and Grotius, consulted in regard to this matter by the Dutch who refused to recognise this right, wrote expressly for this occasion his treatise on the “Freedom of the Seas,” to prove that the sea is not liable to appropriation.

The right to hunt and fish used always to be confined to lords and proprietors; to-day it is leased by the government and communes to whoever can pay the license-fee and the rent. To regulate hunting and fishing is an excellent idea, but to make it a subject of sale is to create a monopoly of air and water.

What is a passport? A universal recommendation of the traveller’s person; a certificate of security for himself and his property. The treasury, whose nature it is to spoil the best things, has made the passport a means of espionage and a tax. Is not this a sale of the right to travel?

Finally, it is permissible neither to draw water from a spring situated in another’s grounds without the permission of the proprietor, because by the right of accession the spring belongs to the possessor of the soil, if there is no other claim; nor to pass a day on his premises without paying a tax; nor to look at a court, a garden, or an orchard, without the consent of the proprietor; nor to stroll in a park or an enclosure against the owner’s will: every one is allowed to shut himself up and to fence himself in. All these prohibitions are so many positive interdictions, not only of the land, but of the air and water. We who belong to the proletarian class: property excommunicates us! Terra, et aqua, et aere, et igne interdicti sumus.

Men could not appropriate the most fixed of all the elements without appropriating the three others; since, by French and Roman law, property in the surface carries with it property from zenith to nadir — Cujus est solum, ejus est usque ad caelum. Now, if the use of water, air, and fire excludes property, so does the use of the soil. This chain of reasoning seems to have been presented by M. Ch. Comte, in his Treatise on Property, chap. 5.

“If a man should be deprived of air for a few moments only, he would cease to exist, and a partial deprivation would cause him severe suffering; a partial or complete deprivation of food would produce like effects upon him though less suddenly; it would be the same, at least in certain climates! were he deprived of all clothing and shelter… To sustain life, then, man needs continually to appropriate many different things. But these things do not exist in like proportions. Some, such as the light of the stars, the atmosphere of the earth, the water composing the seas and oceans, exist in such large quantities that men cannot perceive any sensible increase or diminution; each one can appropriate as much as his needs require without detracting from the enjoyment of others, without causing them the least harm. Things of this sort are, so to speak, the common property of the human race; the only duty imposed upon each individual in this regard is that of infringing not at all upon the rights of others.”

Let us complete the argument of M. Ch. Comte. A man who should be prohibited from walking in the highways, from resting in the fields, from taking shelter in caves, from lighting fires, from picking berries, from gathering herbs and boiling them in a bit of baked clay, — such a man could not live. Consequently the earth — like water, air, and light — is a primary object of necessity which each has a right to use freely, without infringing another’s right. Why, then, is the earth appropriated? M. Ch. Comte’s reply is a curious one. Say pretends that it is because it is not fugitive; M. Ch. Comte assures us that it is because it is not infinite. The land is limited in amount. Then, according to M. Ch. Comte, it ought to be appropriated. It would seem, on the contrary, that he ought to say, Then it ought not to be appropriated. For, no matter how large a quantity of air or light anyone appropriates, no one is damaged thereby; there always remains enough for all. With the soil, it is very different. Lay hold who will, or who can, of the sun’s rays, the passing breeze, or the sea’s billows; he has my consent, and my pardon for his bad intentions. But let any living man dare to change his right of territorial possession into the right of property, and I will declare war upon him, and wage it to the death!

M.Ch. Comte’s argument disproves his position. “Among the things necessary to the preservation of life,” he says, “there are some which exist in such large quantities that they are inexhaustible; others which exist in lesser quantities, and can satisfy the wants of only a certain number of persons. The former are called common, the latter private.”

This reasoning is not strictly logical. Water, air, and light are common things, not because they are inexhaustible, but because they are indispensable; and so indispensable that for that very reason Nature has created them in quantities almost infinite, in order that their plentifulness might prevent their appropriation. Likewise the land is indispensable to our existence, — consequently a common thing, consequently unsusceptible of appropriation; but land is much scarcer than the other elements, therefore its use must be regulated, not for the profit of a few, but in the interest and for the security of all.

In a word, equality of rights is proved by equality of needs. Now, equality of rights, in the case of a commodity which is limited in amount, can be realised only by equality of possession. An agrarian law underlies M. Ch. Comte’s arguments.

From whatever point we view this question of property — provided we go to the bottom of it — we reach equality. I will not insist farther on the distinction between things which can, and things which cannot, be appropriated. On this point, economists and legists talk worse than nonsense. The Civil Code, after having defined property, says nothing about susceptibility of appropriation; and if it speaks of things which are in the market, it always does so without enumerating or describing them. However, light is not wanting. There are some few maxims such as these: Ad reges potestas omnium pertinet, ad singulos proprietas; Omnia rex imperio possidet, singula dominio. Social sovereignty opposed to private property! — might not that be called a prophecy of equality, a republican oracle? Examples crowd upon us: once the possessions of the church, the estates of the crown, the fiefs of the nobility were inalienable and imprescriptible. If, instead of abolishing this privilege, the Constituent had extended it to every individual; if it had declared that the right of labour, like liberty, can never be forfeited, — at that moment the revolution would have been consummated, and we could now devote ourselves to improvement in other directions.

§2 Universal Consent no Justification of Property

In the extract from Say, quoted above, it is not clear whether the author means to base the right of property on the stationary character of the soil, or on the consent which he thinks all men have granted to this appropriation. His language is such that it may mean either of these things, or both at once; which entitles us to assume that the author intended to say, “The right of property resulting originally from the exercise of the will, the stability of the soil permitted it to be applied to the land, and universal consent has since sanctioned this application.”

However that may be, can men legitimate property by mutual consent? I say, no. Such a contract, though drafted by Grotius, Montesquieu, and J.-J. Rousseau, though signed by the whole human race, would be null in the eyes of justice, and an act to enforce it would be illegal. Man can no more give up labour than liberty. Now, to recognise the right of territorial property is to give up labour, since it is to relinquish the means of labour; it is to traffic in a natural right, and divest ourselves of manhood.

But I wish that this consent, of which so much is made, had been given, either tacitly or formally. What would have been the result? Evidently, the surrenders would have been reciprocal; no right would have been abandoned without the receipt of an equivalent in exchange. We thus come back to equality again, — the sine qua non of appropriation; so that, after having justified property by universal consent, that is, by equality, we are obliged to justify the inequality of conditions by property. Never shall we extricate ourselves from this dilemma. Indeed, if, in the terms of the social compact, property has equality for its condition, at the moment when equality ceases to exist, the compact is broken and all property becomes usurpation. We gain nothing, then, by this pretended consent of mankind.

§3 Prescription Gives No Title to Property

The right of property was the origin of evil on the earth, the first link in the long chain of crimes and misfortunes which the human race has endured since its birth. The delusion of prescription is the fatal charm thrown over the intellect, the death sentence breathed into the conscience, to arrest man’s progress towards truth, and bolster up the worship of error.

The Code defines prescription thus: “The process of gaining and losing through the lapse of time.” In applying this definition to ideas and beliefs, we may use the word prescription to denote the everlasting prejudice in favour of old superstitions, whatever be their object; the opposition, often furious and bloody, with which new light has always been received, and which makes the sage a martyr. Not a principle, not a discovery, not a generous thought but has met, at its entrance into the world, with a formidable barrier of preconceived opinions, seeming like a conspiracy of all old prejudices. Prescriptions against reason, prescriptions against facts, prescriptions against every truth hitherto unknown, — that is the sum and substance of the statu quo philosophy, the watchword of conservatives throughout the centuries.

When the evangelical reform was broached to the world, there was prescription in favour of violence, debauchery, and selfishness; when Galileo, Descartes, Pascal, and their disciples reconstructed philosophy and the sciences, there was prescription in favour of the Aristotelian philosophy; when our fathers of ’89 demanded liberty and equality, there was prescription in favour of tyranny and privilege. “There always have been proprietors and there always will be”: it is with this profound utterance, the final effort of selfishness dying in its last ditch, that the friends of social inequality hope to repel the attacks of their adversaries; thinking undoubtedly that ideas, like property, can be lost by prescription.

[…]

In order to confine myself to the civil prescription of which the Code speaks, I shall refrain from beginning a discussion upon this worn-out objection brought forward by proprietors; it would be too tiresome and declamatory. Everybody knows that there are rights which cannot be prescribed; and, as for those things which can be gained through the lapse of time, no one is ignorant of the fact that prescription requires certain conditions, the omission of one of which renders it null. If it is true, for example, that the proprietor’s possession has been civil, public, peaceable, and uninterrupted, it is none the less true that it is not based on a just title; since the only titles which it can show — occupation and labour — prove as much for the proletarian who demands, as for the proprietor who defends. Further, this possession is dishonest, since it is founded on a violation of right, which prevents prescription, according to the saying of St. Paul — Nunquam in usucapionibus juris error possessori prodest. The violation of right lies either in the fact that the holder possesses as proprietor, while he should possess only as usufructuary; or in the fact that he has purchased a thing which no one had a right to transfer or sell.

Another reason why prescription cannot be adduced in favour of property (a reason borrowed from jurisprudence) is that the right to possess real estate is a part of a universal right which has never been totally destroyed even at the most critical periods; and the proletarian, in order to regain the power to exercise it fully, has only to prove that he has always exercised it in part.

He, for example, who has the universal right to possess, give, exchange, loan, let, sell, transform, or destroy a thing, preserves the integrity of this right by the sole act of loaning, though he has never shown his authority in any other manner. Likewise we shall see that equality of possessions, equality of rights, liberty, will, personality, are so many identical expressions of one and the same idea, — the right of preservation and development; in a word, the right of life, against which there can be no prescription until the human race has vanished from the face of the earth.

Finally, as to the time required for prescription, it would be superfluous to show that the right of property in general cannot be acquired by simple possession for ten, twenty, a hundred, a thousand, or one hundred thousand years; and that, so long as there exists a human head capable of understanding and combating the right of property, this right will never be prescribed. For principles of jurisprudence and axioms of reason are different from accidental and contingent facts. One man’s possession can prescribe against another man’s possession; but just as the possessor cannot prescribe against himself, so reason has always the faculty of change and reformation. Past error is not binding on the future. Reason is always the same eternal force. The institution of property, the work of ignorant reason, may be abrogated by a more enlightened reason. Consequently, property cannot be established by prescription. This is so certain and so true, that on it rests the maxim that in the matter of prescription a violation of right goes for nothing.

[…]

I ask, then, in the first place, how possession can become property by the lapse of time? Continue possession as long as you wish, continue it for years and for centuries, you never can give duration — which of itself creates nothing, changes nothing, modifies nothing — the power to change the usufructuary into a proprietor. Let the civil law secure against chance-comers the honest possessor who has held his position for many years, — that only confirms a right already respected; and prescription, applied in this way, simply means that possession which has continued for twenty, thirty, or a hundred years shall be retained by the occupant. But when the law declares that the lapse of time changes possessor into proprietor, it supposes that a right can be created without a producing cause; it unwarrantably alters the character of the subject; it legislates on a matter not open to legislation; it exceeds its own powers. Public order and private security ask only that possession shall be protected. Why has the law created property? Prescription was simply security for the future; why has the law made it a matter of privilege?

[…]

“Where is the man,” [Grotius] says, “with so unchristian a soul that, for a trifle, he would perpetuate the trespass of a possessor, which would inevitably be the result if he did not consent to abandon his right?” By the Eternal! I am that man. Though a million proprietors should burn for it in hell, I lay the blame on them for depriving me of my portion of this world’s goods. To this powerful consideration Grotius rejoins, that it is better to abandon a disputed right than to go to law, disturb the peace of nations, and stir up the flames of civil war. I accept, if you wish it, this argument, provided you indemnify me. But if this indemnity is refused me, what do I, a proletarian, care for the tranquillity and security of the rich? I care as little for public order as for the proprietor’s safety. I ask to live a worker; otherwise I will die a warrior.

Whichever way we turn, we shall come to the conclusion that prescription is a contradiction of property; or rather that prescription and property are two forms of the same principle, but two forms which serve to correct each other; and ancient and modern jurisprudence did not make the least of its blunders in pretending to reconcile them. Indeed, if we see in the institution of property only a desire to secure to each individual his share of the soil and his right to labour; in the distinction between naked property and possession only an asylum for absentees, orphans, and all who do not know, or cannot maintain, their rights; in prescription only a means, either of defence against unjust pretensions and encroachments, or of settlement of the differences caused by the removal of possessors, — we shall recognise in these various forms of human justice the spontaneous efforts of the mind to come to the aid of the social instinct; we shall see in this protection of all rights the sentiment of equality, a constant levelling tendency. And, looking deeper, we shall find in the very exaggeration of these principles the confirmation of our doctrine; because, if equality of conditions and universal association are not soon realised, it will be owing to the obstacle thrown for the time in the way of the common sense of the people by the stupidity of legislators and judges; and also to the fact that, while society in its original state was illuminated with a flash of truth, the early speculations of its leaders could bring forth nothing but darkness.

[…]

§4 Labour: That Labour Has No Inherent Power to Appropriate Natural Wealth

We shall show by the maxims of political economy and law, that is, by the authorities recognised by property, —

1. That labour has no inherent power to appropriate natural wealth.

2. That, if we admit that labour has this power, we are led directly to equality of property, — whatever the kind of labour, however scarce the product, or unequal the ability of the workers.

3. That, in the order of justice, labour destroys property.

Following the example of our opponents, and that we may leave no obstacles in the path, let us examine the question in the strongest possible light.

M.Ch. Comte says, in his Treatise on Property: —

“France, considered as a nation, has a territory which is her own.”

France, as an individuality, possesses a territory which she cultivates; it is not her property. Nations are related to each other as individuals are: they are commoners and workers; it is an abuse of language to call them proprietors. The right of use and abuse belongs no more to nations than to men; and the time will come when a war waged for the purpose of checking a nation in its abuse of the soil will be regarded as a holy war.

Thus, M. Ch. Comte — who undertakes to explain how property comes into existence, and who starts with the supposition that a nation is a proprietor — falls into that error known as begging the question; a mistake which vitiates his whole argument.

If the reader thinks it is pushing logic too far to question a nation’s right of property in the territory which it possesses, I will simply remind him of the fact that at all ages the results of the fictitious right of national property have been pretensions to suzerainty, tributes, monarchical privileges, statute-labour, quotas of men and money, supplies of merchandise, etc.; ending finally in refusals to pay taxes, insurrections, wars, and depopulations.

“Scattered through this territory are extended tracts of land, which have not been converted into individual property. These lands, which consist mainly of forests, belong to the whole population, and the government, which receives the revenues, uses or ought to use them in the interest of all.”

Ought to use is well said: a lie is avoided thereby.

“Let them be offered for sale….”

Why offered for sale? Who has a right to sell them? Even were the nation proprietor, can the generation of to-day dispossess the generation of to-morrow? The nation, in its function of usufructuary, possesses them; the government rules, superintends, and protects them. If it also granted lands, it could grant only their use; it has no right to sell them or transfer them in any way whatever. Not being a proprietor, how can it transmit property?

“Suppose some industrious man buys a portion, a large swamp for example. This would be no usurpation, since the public would receive the exact value through the hands of the government, and would be as rich after the sale as before.”

How ridiculous! What! because a prodigal, imprudent, incompetent official sells the State’s possessions, while I, a ward of the State, — I who have neither an advisory nor a deliberative voice in the State councils, — while I am allowed to make no opposition to the sale, this sale is right and legal! The guardians of the nation waste its substance, and it has no redress! I have received, you tell me, through the hands of the government my share of the proceeds of the sale: but, in the first place, I did not wish to sell; and, had I wished to, I could not have sold. I had not the right. And then I do not see that I am benefited by the sale. My guardians have dressed up some soldiers, repaired an old fortress, erected in their pride some costly but worthless monument, — then they have exploded some fireworks and set up a greased pole! What does all that amount to in comparison with my loss?

The purchaser draws boundaries, fences himself in, and says, “This is mine; each one by himself, each one for himself.” Here, then, is a piece of land upon which, henceforth, no one has a right to step, save the proprietor and his friends; which can benefit nobody, save the proprietor and his servants. Let these sales multiply, and soon the people — who have been neither able nor willing to sell, and who have received none of the proceeds of the sale — will have nowhere to rest, no place of shelter, no ground to till. They will die of hunger at the proprietor’s door, on the edge of that property which was their birthright; and the proprietor, watching them die, will exclaim, “So perish idlers and vagrants!”

To reconcile us to the proprietor’s usurpation, M. Ch. Comte assumes the lands to be of little value at the time of sale.

“The importance of these usurpations should not be exaggerated: they should be measured by the number of men which the occupied land would support, and by the means which it would furnish them.

“It is evident, for instance, that if a piece of land which is worth to-day one thousand francs was worth only five centimes when it was usurped, we really lose only the value of five centimes. A square league of earth would be hardly sufficient to support a savage in distress; to-day it supplies one thousand persons with the means of existence. Nine hundred and ninety-nine parts of this land is the legitimate property of the possessors; only one-thousandth of the value has been usurped.”

A peasant admitted one day, at confession, that he had destroyed a document which declared him a debtor to the amount of three hundred francs. Said the father confessor, –“You must return these three hundred francs.” “No,” replied the peasant, “I will return a penny to pay for the paper.”

M. Ch. Comte’s logic resembles this peasant’s honesty. The soil has not only an integrant and actual value, it has also a potential value, — a value of the future, — which depends on our ability to make it valuable, and to employ it in our work. Destroy a bill of exchange, a promissory note, an annuity deed, — as a paper you destroy almost no value at all; but with this paper you destroy your title, and, in losing your title, you deprive yourself of your goods. Destroy the land, or, what is the same thing, sell it, — you not only transfer one, two, or several crops, but you annihilate all the products that you could derive from it; you and your children and your children’s children.

When M. Ch. Comte, the apostle of property and the eulogist of labour, supposes an alienation of the soil on the part of the government, we must not think that he does so without reason and for no purpose; it is a necessary part of his position. As he rejected the theory of occupancy, and as he knew, moreover, that labour could not constitute the right in the absence of a previous permission to occupy, he was obliged to connect this permission with the authority of the government, which means that property is based upon the sovereignty of the people; in other words, upon universal consent. This theory we have already considered.

To say that property is the daughter of labour, and then to give labour material on which to exercise itself, is, if I am not mistaken, to reason in a circle. Contradictions will result from it.

“A piece of land of a certain size produces food enough to supply a man for one day. If the possessor, through his labour, discovers some method of making it produce enough for two days, he doubles its value. This new value is his work, his creation: it is taken from nobody; it is his property.”

I maintain that the possessor is paid for his trouble and industry in his doubled crop, but that he acquires no right to the land. — “Let the worker have the fruits of his labour.” — Very good; but I do not understand that property in products carries with it property in raw material. Does the skill of the fisherman, who on the same coast can catch more fish than his fellows, make him proprietor of the fishing-grounds? Can the expertness of a hunter ever be regarded as a property-title to a game-forest? The analogy is perfect, — the industrious cultivator finds the reward of his industry in the abundancy and superiority of his crop. If he has made improvements in the soil, he has the possessor’s right of preference. Never, under any circumstances, can he be allowed to claim a property-title to the soil which he cultivates, on the ground of his skill as a cultivator.

[…]

“If men succeed in fertilising land hitherto unproductive, or even death-producing, like certain swamps, they create thereby property in all its completeness.”

What good does it do to magnify an expression, and play with equivocations, as if we expected to change the reality thereby? They create property in all its completeness. You mean that they create a productive capacity which formerly did not exist; but this capacity cannot be created without material to support it. The substance of the soil remains the same; only its qualities and modifications are changed. Man has created every thing — every thing save the material itself. Now, I maintain that this material he can only possess and use, on condition of permanent labour, — granting, for the time being, his right of property in things which he has produced.

This, then, is the first point settled: property in product, if we grant so much, does not carry with it property in the means of production; that seems to me to need no further demonstration. There is no difference between the soldier who possesses his arms, the mason who possesses the materials committed to his care, the fisherman who possesses the water, the hunter who possesses the fields and forests, and the cultivator who possesses the lands: all, if you say so, are proprietors of their products — not one is proprietor of the means of production. The right to product is exclusive — jus in re; the right to means is common — jus ad rem.

§5 That Labour leads to Equality of Property

[Let us] Admit, however, that labour gives a right of property in material.

Why is not this principle universal? Why is the benefit of this pretended law confined to a few and denied to the mass of workers? A philosopher, arguing that all animals sprang up formerly out of the earth warmed by the rays of the sun, almost like mushrooms, on being asked why the earth no longer yielded crops of that nature, replied: “Because it is old, and has lost its fertility.” Has labour, once so fecund, likewise become sterile? Why does the tenant no longer acquire through his labour the land which was formerly acquired by the labour of the proprietor?

“Because,” they say, “it is already appropriated.” That is no answer. A farm yields fifty bushels per hectare; the skill and labour of the tenant double this product: the increase is created by the tenant. Suppose the owner, in a spirit of moderation rarely met with, does not go to the extent of absorbing this product by raising the rent, but allows the cultivator to enjoy the results of his labour; even then justice is not satisfied. The tenant, by improving the land, has imparted a new value to the property; he, therefore, has a right to a part of the property. If the farm was originally worth one hundred thousand francs, and if by the labour of the tenant its value has risen to one hundred and fifty thousand francs, the tenant, who produced this extra value, is the legitimate proprietor of one-third of the farm. M. Ch. Comte could not have pronounced this doctrine false, for it was he who said:

“Men who increase the fertility of the earth are no less useful to their fellow-men, than if they should create new land.”

Why, then, is not this rule applicable to the man who improves the land, as well as to him who clears it? The labour of the former makes the land worth one; that of the latter makes it worth two: both create equal values. Why not accord to both equal property? I defy anyone to refute this argument, without again falling back on the right of first occupancy.

“But,” it will be said, “even if your wish should be granted, property would not be distributed much more evenly than now. Land does not go on increasing in value for ever; after two or three seasons it attains its maximum fertility. That which is added by the agricultural art results rather from the progress of science and the diffusion of knowledge, than from the skill of the cultivator. Consequently, the addition of a few workers to the mass of proprietors would be no argument against property.”

This discussion would, indeed, prove a well-nigh useless one, if our labours culminated in simply extending land-privilege and industrial monopoly; in emancipating only a few hundred workers out of the millions of proletarians. But this also is a misconception of our real thought, and does but prove the general lack of intelligence and logic.

If the worker, who adds to the value of a thing, has a right of property in it, he who maintains this value acquires the same right. For what is maintenance? It is incessant addition, — continuous creation. What is it to cultivate? It is to give the soil its value every year; it is, by annually renewed creation, to prevent the diminution or destruction of the value of a piece of land. Admitting, then, that property is rational and legitimate, — admitting that rent is equitable and just, — I say that he who cultivates acquires property by as good a title as he who clears, or he who improves; and that every time a tenant pays his rent, he obtains a fraction of property in the land entrusted to his care, the denominator of which is equal to the proportion of rent paid. Unless you admit this, you fall into absolutism and tyranny; you recognise class privileges; you sanction slavery.

Whoever labours becomes a proprietor — this is an inevitable deduction from the acknowledged principles of political economy and jurisprudence. And when I say proprietor, I do not mean simply (as do our hypocritical economists) proprietor of his allowance, his salary, his wages, — I mean proprietor of the value which he creates, and by which the master alone profits.

As all this relates to the theory of wages and of the distribution of products, — and as this matter never has been even partially cleared up, — I ask permission to insist on it: this discussion will not be useless to the work in hand. Many persons talk of admitting working-people to a share in the products and profits; but in their minds this participation is pure benevolence: they have never shown — perhaps never suspected — that it was a natural, necessary right, inherent in labour, and inseparable from the function of producer, even in the lowest forms of his work.

This is my proposition: the worker retains, even after he has received his wages, a natural right of property in the thing which he has produced.

I again quote M. Ch. Comte:

“Some workers are employed in draining marshes, in cutting down trees and brushwood, — in a word, in cleaning up the soil. They increase the value, they make the amount of property larger; they are paid for the value which they add in the form of food and daily wages: it then becomes the property of the capitalist.”

The price is not sufficient: the labour of the workers has created a value; now this value is their property. But they have neither sold nor exchanged it; and you, capitalist, you have not earned it. That you should have a partial right to the whole, in return for the materials that you have furnished and the provisions that you have supplied, is perfectly just. You contributed to the production, you ought to share in the enjoyment. But your right does not annihilate that of the workers, who, in spite of you, have been your colleagues in the work of production. Why do you talk of wages? The money with which you pay the wages of the workers remunerates them for only a few years of the perpetual possession which they have abandoned to you. Wages is the cost of the daily maintenance and refreshment of the worker. You are wrong in calling it the price of a sale. The worker has sold nothing; he knows neither his right, nor the extent of the concession which he has made to you, nor the meaning of the contract which you pretend to have made with him. On his side, utter ignorance; on yours, error and surprise, not to say deceit and fraud.

Let us make this clearer by another and more striking example.

No one is ignorant of the difficulties that are met with in the conversion of untilled land into arable and productive land. These difficulties are so great, that usually an isolated man would perish before he could put the soil in a condition to yield him even the most meagre living. To that end are needed the united and combined efforts of society, and all the resources of industry. M. Ch. Comte quotes on this subject numerous and well-authenticated facts, little thinking that he is amassing testimony against his own system.

Let us suppose that a colony of twenty or thirty families establishes itself in a wild district, covered with underbrush and forests; and from which, by agreement, the natives consent to withdraw. Each one of these families possesses a moderate but sufficient amount of capital, of such a nature as a colonist would be apt to choose, — animals, seeds, tools, and a little money and food. The land having been divided, each one settles himself as comfortably as possible, and begins to clear away the portion allotted to him. But after a few weeks of fatigue, such as they never before have known, of inconceivable suffering, of ruinous and almost useless labour, our colonists begin to complain of their trade; their condition seems hard to them; they curse their sad existence.

Suddenly, one of the shrewdest among them kills a pig, cures a part of the meat; and, resolved to sacrifice the rest of his provisions, goes to find his companions in misery. “Friends,” he begins in a very benevolent tone, “how much trouble it costs you to do a little work and live uncomfortably! A fortnight of labour has reduced you to your last extremity!… Let us make an arrangement by which you shall all profit. I offer you provisions and wine: you shall get so much every day; we will work together, and, zounds! my friends, we will be happy and contented!”

Would it be possible for empty stomachs to resist such an invitation? The hungriest of them follow the treacherous tempter. They go to work; the charm of society, emulation, joy, and mutual assistance double their strength; the work can be seen to advance. Singing and laughing, they subdue Nature. In a short time, the soil is thoroughly changed; the mellowed earth waits only for the seed. That done, the proprietor pays his workers, who, on going away, return him their thanks, and grieve that the happy days which they have spent with him are over.

Others follow this example, always with the same success. Then, these installed, the rest disperse, — each one returns to his grubbing. But, while grubbing, it is necessary to live. While they have been clearing away for their neighbour, they have done no clearing for themselves. One year’s seed-time and harvest is already gone. They had calculated that in lending their labour they could not but gain, since they would save their own provisions; and, while living better, would get still more money. False calculation! they have created for another the means wherewith to produce, and have created nothing for themselves. The difficulties of clearing remain the same; their clothing wears out, their provisions give out; soon their purse becomes empty for the profit of the individual for whom they have worked, and who alone can furnish the provisions which they need, since he alone is in a position to produce them. Then, when the poor grubber has exhausted his resources, the man with the provisions (like the wolf in the fable, who scents his victim from afar) again comes forward. One he offers to employ again by the day; from another he offers to buy at a favourable price a piece of his bad land, which is not, and never can be, of any use to him: that is, he uses the labour of one man to cultivate the field of another for his own benefit. So that at the end of twenty years, of thirty individuals originally equal in point of wealth, five or six have become proprietors of the whole district, while the rest have been philanthropically dispossessed!

In this century of bourgeoisie morality, in which I have had the honour to be born, the moral sense is so debased that I should not be at all surprised if I were asked, by many a worthy proprietor, what I see in this that is unjust and illegitimate? Debased creature! galvanised corpse! how can I expect to convince you, if you cannot tell theft when I show it to you? A man, by soft and insinuating words, discovers the secret of taxing others that he may establish himself; then, once enriched by their united efforts, he refuses, on the very conditions which he himself dictated, to advance the well-being of those who made his fortune for him: and you ask how such conduct is fraudulent! Under the pretext that he has paid his workers, that he owes them nothing more, that he has nothing to gain by putting himself at the service of others, while his own occupations claim his attention, — he refuses, I say, to aid others in getting a foothold, as he was aided in getting his own; and when, in the impotence of their isolation, these poor workers are compelled to sell their birthright, he — this ungrateful proprietor, this knavish upstart — stands ready to put the finishing touch to their deprivation and their ruin. And you think that just? Take care!

I read in your startled countenance the reproach of a guilty conscience, much more clearly than the innocent astonishment of involuntary ignorance.

“The capitalist,” they say, “has paid the workers their daily wages.” To be accurate, it must be said that the capitalist has paid as many times one day’s wage as he has employed workers each day, — which is not at all the same thing. For he has paid nothing for that immense power which results from the union and harmony of workers, and the convergence and simultaneousness of their efforts. Two hundred grenadiers stood the obelisk of Luxor upon its base in a few hours; do you suppose that one man could have accomplished the same task in two hundred days? Nevertheless, on the books of the capitalist, the amount of wages paid would have been the same. Well, a desert to prepare for cultivation, a house to build, a factory to run, — all these are obelisks to erect, mountains to move. The smallest fortune, the most insignificant establishment, the setting in motion of the lowest industry, demand the concurrence of so many different kinds of labour and skill, that one man could not possibly execute the whole of them. It is astonishing that the economists never have called attention to this fact. Strike a balance, then, between the capitalist’s receipts and his payments.

[…]

Consequently, when M. Ch. Comte — following out his hypothesis — shows us his capitalist acquiring one after another the products of his employees’ labour, he sinks deeper and deeper into the mire; and, as his argument does not change, our reply of course remains the same.

“Other workers are employed in building: some quarry the stone, others transport it, others cut it, and still others put it in place. Each of them adds a certain value to the material which passes through his hands; and this value, the product of his labour, is his property. He sells it, as fast as he creates it, to the proprietor of the building, who pays him for it in food and wages.”

Divide et impera — divide, and you shall command; divide, and you shall grow rich; divide, and you shall deceive men, you shall daze their minds, you shall mock at justice! Separate workers from each other, perhaps each one’s daily wage exceeds the value of each individual’s product; but that is not the question under consideration. A force of one thousand men working twenty days has been paid the same wages that one would be paid for working fifty-five years; but this force of one thousand has done in twenty days what a single man could not have accomplished, though he had laboured for a million centuries. Is the exchange an equitable one? Once more, no; when you have paid all the individual forces, the collective force still remains to be paid.

Consequently, there remains always a right of collective property which you have not acquired, and which you enjoy unjustly.

Admit that twenty days’ wages suffice to feed, lodge, and clothe this multitude for twenty days: thrown out of employment at the end of that time, what will become of them, if, as fast as they create, they abandon their creations to the proprietors who will soon discharge them? While the proprietor, firm in his position (thanks to the aid of all the workers), dwells in security, and fears no lack of labour or bread, the worker’s only dependence is upon the benevolence of this same proprietor, to whom he has sold and surrendered his liberty. If, then, the proprietor, shielding himself behind his comfort and his rights, refuses to employ the worker, how can the worker live? He has ploughed an excellent field, and cannot sow it; he has built an elegant and commodious house, and cannot live in it; he has produced all, and can enjoy nothing.

Labour leads us to equality. Every step that we take brings us nearer to it; and if workers had equal strength, diligence, and industry, clearly their fortunes would be equal also. Indeed, if, as is pretended, — and as we have admitted, — the worker is proprietor of the value which he creates, it follows:

1. That the worker should acquire at the expense of the idle proprietor;

2. That all production being necessarily collective, the worker is entitled to a share of the products and profits commensurate with his labour;

3. That all accumulated capital being social property, no one can be its exclusive proprietor.

These inferences are unavoidable; these alone would suffice to revolutionise our whole economic system, and change our institutions and our laws. Why do the very persons, who laid down this principle, now refuse to be guided by it? Why do the Says, the Comtes, the Hennequins, and others — after having said that property is born of labour — seek to fix it by occupation and prescription?

But let us leave these sophists to their contradictions and blindness. The good sense of the people will do justice to their equivocations. Let us make haste to enlighten it, and show it the true path. Equality approaches; already between it and us but a short distance intervenes: to-morrow even this distance will have been traversed.

§6 That in Society all Wages are Equal

When the St. Simonians, the Fourierists, and, in general, all who in our day are connected with social economy and reform, inscribe upon their banner, —

“To each according to his capacity, to each capacity according to its results” (St. Simon);

“To each according to his capital, his labour, and his skill” (Fourier), —

they mean — although they do not say so in so many words — that the products of Nature procured by labour and industry are a reward, a palm, a crown offered to all kinds of pre-eminence and superiority. They regard the land as an immense arena in which prizes are contended for, — no longer, it is true, with lances and swords, by force and by treachery; but by acquired wealth, by knowledge, talent, and by virtue itself. In a word, they mean — and everybody agrees with them — that the greatest capacity is entitled to the greatest reward; and, to use the mercantile phraseology, — which has, at least, the merit of being straightforward,—that salaries must be governed by capacity and its results.

[…]

This proposition, taken, as they say, in sensu obvio — in the sense usually attributed to it — is false, absurd, unjust, contradictory, hostile to liberty, friendly to tyranny, anti-social, and was unluckily framed under the express influence of the property idea.

And, first, capital must be crossed off the list of elements which are entitled to a reward. The Fourierists — as far as I have been able to learn from a few of their pamphlets — deny the right of occupancy, and recognise no basis of property save labour. Starting with a like premise, they would have seen — had they reasoned upon the matter — that capital is a source of production to its proprietor only by virtue of the right of occupancy, and that this production is therefore illegitimate. Indeed, if labour is the sole basis of property, I cease to be proprietor of my field as soon as I receive rent for it from another. This we have shown beyond all cavil. It is the same with all capital; so that to put capital in an enterprise, is, by the law’s decision, to exchange it for an equivalent sum in products. […]

Thus, capital can be exchanged, but cannot be a source of income.

[…]

In labour, two things must be noticed and distinguished: association and available material.

In so far as workers are associated, they are equal; and it involves a contradiction to say that one should be paid more than another. […]

[…]

But every industry needs — they will add — leaders, instructors, superintendents, &c. Will these be engaged in the general task? No; since their task is to lead, instruct, and superintend. But they must be chosen from the workers by the workers themselves, and must fulfil the conditions of eligibility. It is the same with all public functions, whether of administration or instruction.

Then, article first of the universal constitution will be:

“The limited quantity of available material proves the necessity of dividing the labour among the whole number of workers. The capacity, given to all, of accomplishing a social task, — that is, an equal task, — and the impossibility of paying one worker save in the products of another, justify the equality of wages.”

[…]